Acts and resolutions of the General Assembly of the state of Georgia. 1909 [volume 1]

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 19090000 English

[ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1909] [19090000] [missing] 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.MISCELLANEOUS PART IILOCAL LAWS. TITLE I.CITY AND COUNTY COURTS TITLE II.MISCELLANEOUS PART IIICORPORATIONS TITLE I.MUNICIPAL CORPORATIONS TITLE II.MISCELLANEOUS PART IV.RESOLUTIONS.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1909. 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.MISCELLANEOUS.

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TITLE I. APPROPRIATIONS ACTS For expenses of the Government for 1910 and 1911. Funds arising from near beer tax. Entomology, State Board of, appropriation for. Negro reformatory, buildings for on State farm. Board of Health, appropriation for. Agricultural and Industrial Schools, appropriation for. For payment of pensions.

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APPROPRIATIONS FOR EXPENSES OF THE GOVERNMENT. No. 275. 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 1910 and 1911, and for other purposes. EXECUTIVE DEPARTMENT. 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 the same are, hereby appropriated on account of and for the support of the Executive Department of the State Government for each of the fiscal years 1910 and 1911, to the persons and for the purposes respectively hereinafter mentioned and set forth, to-wit: For the salary of the Governor, five thousand ($5,000) dollars. For Executive Department. For the salary of the Secretary of State, two thousand ($2,000) dollars. For the salary of the State Treasurer, two thousand ($2,000) dollars. For the salary of the Comptroller-General, two thousand ($2,000) dollars. For the salary of the Attorney-General, three thousand ($3,000) dollars.

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For the salaries of the Secretaries and Clerks of the Executive Department, six thousand ($6,000) dollars. For the salary of the Clerk of the Secretary of State, one thousand ($1,000) dollars. For the salary of the Clerk of the State Treasurer, one thousand, six hundred ($1,600) dollars. For the salaries of the Clerks of the Comptroller-General's office, including the Insurance Clerk and Clerk in the Wild Land office, four thousand ($4,000) dollars. For the salary of the Clerk of the Attorney-General, one thousand, eight hundred ($1,800). The sum of two hundred and twenty-five dollars ($225.00) be, and the same is hereby appropriated to pay the increased salary of the Clerk of the Attorney-General accruing between August 15th, 1909, to January 1st, 1910. For the contingent fund to be expended by the Governor, according to law, the sum of fifteen thousand ($15,000) dollars, or so much thereof as may be needed. Contingent fund. JUDICIAL DEPARTMENT. SEC. 2. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated on account of the Judicial Department of the State Government for each of the fiscal years 1910 and 1911: For the judicial department. For the salaries of the Judges of the Supreme Court, each, four thousand ($4,000) dollars. For the salaries of the Judges of the Court of Appeals, each, four thousand ($4,000) dollars. For the salaries of the Judges of the Superior Courts, each, three thousand ($3,000) dollars. For the salaries of the Solicitors-General, each, two hundred and fifty ($250) dollars.

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For the salaries of the Supreme Court Stenographers, each, fifteen hundred ($1,500) dollars. For the salaries of the Supreme Court Reporters, each, two thousand ($2,000) dollars. For the salary of the Sheriff of the Supreme Court, one thousand ($1,000) dollars. For the salaries of the Court of Appeals Reporters, each, one thousand ($1,000) dollars. For the salaries of the Court of Appeals Stenographers, each, fifteen hundred ($1,500) dollars. For the salary of the Sheriff of the Court of Appeals, one thousand ($1,000) dollars. To pay the fees of the Solicitor-Generals in criminal cases, before the Supreme Court, such amounts as may be due them under the fee bill provided by law. To pay the Clerk of the Supreme Court his salary, if the costs in the Supreme Court do not amount to the sum allowed by law for compensation of the clerk, an amount equal to the difference between the amount due said clerk and said costs, as provided by Section 5574 of the Code of 1895. To pay the Clerk of the Court of Appeals his salary if the costs in the Court of Appeals do not amount to the sum allowed, by law, for the compensation of said clerk, an amount equal to the difference between the amount due said clerk and said costs as provided by law. For the contingent fund of the Supreme Court, to pay for necessary printing, stationery, record books, binding the opinions of the Court, hiring a porter, etc., the sum of twelve hundred ($1,200) dollars, or so much thereof as may be needed. Contingent fund of Supreme Court.

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To pay the Clerk of the Court of Appeals the costs due him in pauper criminal cases returned to said Court, such a sum as shall be reported by said clerk to the Governor under the seal of said Court, before receiving compensation therefor as provided by the Act of 1857. Costs in pauper criminal cases in Court of Appeals. For the contingent fund of the Court of Appeals to pay for the necessary printing, stationery, record books, binding the opinions of the Court, hiring a porter, etc., the sum of one thousand ($1,000) dollars, or so much thereof as may be needed. Contingent Fund for Court of Appeals. LEGISLATIVE DEPARTMENT. SEC. 3. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the Legislative Department of the State Government, for each of the fiscal years 1910 and 1911, to the persons and for the purposes hereinafter mentioned, to-wit: For Legislative Department. For compensation of the President of the Senate and Speaker of the House of Representatives, the sum of seven dollars per diem, each, during the session of the General Assembly, and mileage at the rate of ten cents per mile by the nearest practical route in going to and returning from the capitol. For compensation of the members of the General Assembly four dollars per diem, each, and mileage at the rate of ten cents per mile by the nearest practical route in going to and returning from the capitol. For compensation of the Secretary of the Senate, the sum of sixty dollars per diem, out of which he shall pay the entire clerical expenses of the Senate, as provided by the Act of October 8th, 1879.

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For the compensation of the Clerk of the House, the sum of seventy dollars per diem, out of which he shall pay the entire clerical expenses of the House of Representatives, as provided by Act of October 8th, 1879. For compensation of the doorkeeper of the Senate, and doorkeeper of the House of Representatives, messenger of the Senate and messenger of the House of Representatives, four dollars per diem, each, and the same mileage as allowed the members of the General Assembly. For compensation of the postmistress of the House of Representatives, for the sessions of 1910 and 1911, four dollars per diem and the same mileage as is allowed members of the General Assembly. For compensation of one gallery keeper of the Senate, and one for the House of Representatives, for the sessions of 1910 and 1911, four dollars per diem, each. For one assistant doorkeeper for the floor of the Senate (also assistant to messenger) for the session of 1910 and 1911, four dollars per diem. For compensation of two assistant doorkeepers for the Senate, and three for the House of Representatives, for the sessions of 1910 and 1911, four dollars per diem, each. For compensation of the Chaplain of Senate, and for the Chaplain of the House of Representatives, for the sessions of 1910 and 1911, four dollars per diem, each. For compensation of four porters for the Senate, and eight for the House of Representatives, for the sessions of 1910 and 1911, two dollars per diem, each. For compensation of the head porter of the Senate, and head porter of the House of Representatives, for the sessions of 1910 and 1911, three dollars per diem, each.

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For compensation of five pages for the Senate, to be appointed by the messenger of the Senate, and six pages for the House of Representatives, to be appointed by the Speaker, two dollars per diem, each, for the sessions 1910 and 1911, provided no page be appointed for less than 25 days. For compensation of one elevator operator during the sessions 1910 and 1911, four dollars per diem. For the compensation of one attendant, each, for the toilet rooms of the Senate and House of Representatives, to be appointed by the Secretary of the Senate, and Clerk of the House of Representatives, two dollars per diem, each, during the sessions of 1910 and 1911. For compensation of the several committeemen of the Senate and of the House of Representatives, visiting by appointment the various public institutions of the State, the sum of five thousand dollars or so much thereof as may be needed to be paid only upon itemized accounts showing the actual necessary expenses paid in cash by each committeeman, making such visits, and in no case to exceed the actual amount expended. To pay the incidental expenses of the General Assembly to be paid on itemized accounts accompanied by properly receipted vouchers for the payments made, and presented to the Governor by the Secretary of the Senate and Clerk of the House of Representatives, seventyfive ($75.00) dollars for the House of Representatives and fifty ($50.00) dollars for the Senate, or so much thereof, respectively, as may be needed. To pay the accounts for the purchase of stationery furnished the General Assembly, seven hundred ($700.00) dollars, or so much thereof as may be necessary, to be paid on itemized accounts supported by properly receipted vouchers and presented to the Governor before warrants are

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drawn therefor. To pay for indexing the Journal of the Senate and the Journal of the House of Representatives, each, seventy-five ($75.00) dollars, to be paid to the Journal clerks of the Senate and House of Representatives, respectively, upon completion of the work. To pay for binding the Journals of the Senate and the House of Representatives, as provided by the Acts of 1889, the sum of five hundred and fifty ($550.00) dollars, or so much thereof as may be needed. SEC. 4. Be it further enacted by the authority aforesaid, That the following sums of money be and they are hereby appropriated for, and on account of the following public institutions of the State, for each of the fiscal years 1910 and 1911, each, to-wit: For the support and maintenance of the Academy for the Blind, and for the salaries of its officers and attachees, the sum of twenty-three thousand dollars for years 1910 and 1911, or so much thereof as may be needed. The Governor shall require of the superintendent of the Academy an itemized monthly statement of all expenditures, which statement shall be submitted to the board of trustees and approved by it. For the support and maintenance of the Georgia School for the Deaf and Dumb, and for the pay of its officers and attachees, the sum of fifty thousand ($50,000) dollars, or so much thereof as may be needed. The Governor shall require of the superintendent of the school an itemized monthly statement of all expenditures, which statement shall be submitted to the Board of Trustees and approved by it. For the support and maintenance of the Georgia State Sanitarium and for the salaries of its officers and attachees, including twenty-five hundred ($2,500) dollars each year for the salary of the resident physician, the sum of

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four hundred and twenty-four thousand, four hundred and twenty-two ($424,422.00) dollars for the year 1910, and the sum of four hundred and thirty thousand, nine hundred and ninety-two ($430,992.00) for the year 1911, or so much thereof as may be needed, to be expended only when directed by the board of trustees. The Governor is authorized to make monthly an advance to cover the cost of supplies and incidental expenses of the said Sanitarium. The Governor shall require the superintendent and resident physician to make an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the board of trustees. The ordinary repairs to the building and property of the Sanitarium shall be paid for from this appropriation at such times, and in such amounts as may be approved by the board of trustees in regular session. The salaries of the trustees of the Georgia State Sanitarium the sum of one hundred and fifty dollars, each, and their actual railroad expenses in going and returning from the Sanitarium as provided by law, shall be paid out of the above appropriation. For the support and maintenance of the Soldiers' Home of Georgia, and for the pay of its officers and attachees under the Act approved December 19th, 1900, the sum of twenty-five thousand ($25,000) dollars, or so much thereof as may be needed. The Governor shall pay said sum to the treasurer of the said Home in monthly installments; shall require of said treasurer an itemized monthly statement of all expenditures, and of the superintendent of the Home an itemized statement of all goods received during the past month at said Home, both of which statements shall be submitted to and approved by the board of trustees. For public institutions. Academy for the blind. School for the deaf and dumb. State Sanitarium. Soldiers Home.

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SEC. 5. Be it further enacted by the authority aforesaid, That the following sums of money be and they are hereby appropriated for and on account of the following public institutions of the State, for the salaries of the State School Commissioner's office and for the common schools of the State for each of the fiscal years of 1910 and 1911, to-wit: For the State University at Athens, for the support and maintenance of the same, the sum of thirty-seven thousand, five hundred ($37,500) dollars, to be expended under the direction of the board of trustees. For the University of Georgia, for the payment of the interest on what is known as the land script fund, the sum of six thousand, three hundred and fourteen dollars and fourteen cents ($6,314.14). For payments of the annual interest on the debt due by the State to the University of Georgia, eight thousand ($8,000) dollars. For the University of Georgia, for the maintenance of the summer school at Athens, for the white teachers of the State as provided by the Act of December 22nd, 1898, the sum of five thousand ($5,000) dollars. For the University of Georgia to be expended by and through the board of trustees, of the State College of Agriculture for the organization and conduct of Farmers' Institutes in this State the sum of two thousand, five hundred ($2,500) dollars. To pay the trustees of the State University, as provided by the Act of 1889, the sum of four dollars per diem, each, for expenses at the meetings of the Board of Trustees, and actual railroad fares to be paid to and from place of meeting, said sums to be paid out of the foregoing appropriation for the support and maintenance of the State University at Athens. For the University of Georgia, for the support and maintenance of the School of Technology at Atlanta, the sum of seventy thousand

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($70,000) dollars; the report required of the chairman of the local board of trustees to be made to the Governor shall be submitted to the General Assembly at the opening of the session thereof. Before the appropriation herein made is available, it shall be the duty of the local board of trustees to establish a rule, allowing free tuition to only fifteen students from any one county in the State, and fixing the tuition to be paid by those in excess of this number from any such county. For the University of Georgia, for the support and maintenance of the Georgia Normal and Industrial College at Milledgeville the sum of forty-two thousand, five hundred ($42,500) dollars. The chairman of the board of trustees shall report annually to the General Assembly the number of pay pupils, tuition charged, and an itemized statement of all receipts and expenditures. For the University of Georgia, for the support and maintenance of the North Georgia Agricultural College at Dahlonega, the sum of twenty-one thousand, five hundred ($21,500) dollars, provided that under no pretext whatever, whether as tuition or matriculation fee shall such College charge exceeding ten dollars per annum, or five dollars per term for each pupil, and any charge in excess of said sums shall work a forfeiture of this appropriation. The chairman of the board of trustees shall report annually to the General Assembly the number of pupils, teachers, salaries paid teachers, from whom and how much is collected in tuition fees, and an itemized statement of all receipts and expenditures. For the State University. School of Technology. Georgia Normal and Industrial College. North Georgia Agricultural College. For the University of Georgia, for the support and maintenance of the State Normal School at Athens, the sum of forty-two thousand dollars ($42,000); provided the chairman of the board of trustees shall report annually

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to the General Assembly the names and numbers of persons attending said school, from whom and how much is collected, tuition fees, the names and number of teachers, the salaries paid each, and an itemized statement of all receipts and expenditures. State Normal School. For the University of Georgia, for the support and maintenance of the State College of Agriculture at Athens, the sum of sixty thousand dollars ($60,000); provided, That ten thousand dollars ($10,000) of said amount so appropriated shall be used exclusively for Extension Work, to be expended under the direction of the board of trustees for said college. The chairman of the board of trustees shall report annually to the General Assembly, an itemized statement of all receipts and expenditures and a detailed statement of the affairs of said college. State College of Agriculture. For the University of Georgia, for the support and maintenance of the school for colored people at Savannah, under the Act approved December 19th, 1900, the sum of eight thousand ($8,000) dollars. The chairman of the board of trustees shall report annually to the General Assembly the names and number and residence of persons attending said school; from whom and how much received in tuition fees, the name and number of teachers and salaries paid each, and an itemized statement of all receipts and expenditures. School for colored people. For the salary of the State School Commissioner the sum of two thousand ($2,000) dollars. State school Commissioner. For the salary of the Clerk of the State School Commissioner the sum of one thousand, two hundred dollars. Clerk of State School Commissioner. For the support and maintenance of the common schools of the State the sum of two million, two hundred and fifty thousand ($2,250,000) dollars, for the year

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1910, and the sum of two million, five hundred thousand ($2,500,000) dollars for the year 1911, said sums including poll tax, one-half the rental of the Western and Atlantic Railroad, show taxes, dividends from Georgia Railroad stocks, all funds realized from the taxation of dogs, and other funds set aside by law to the common school fund. The annual estimate heretofore made by the Comptroller-General, the Treasurer and the State School Commissioner of the amount of the school fund shall be discontinued, and the fixed sums herein appropriated for each year shall constitute the common school fund. Common School Fund. PUBLIC DEBT AND INTEREST. SEC. 6. Be it further enacted by the authority aforesaid, That the following sums of money be and are hereby appropriated to pay the recognized valid debts of the State as follows, to-wit: For payment of public debt. One hundred thousand dollars on bonds maturing January 1st, 1910, and one hundred thousand dollars on bonds maturing January 1st, 1911, to be paid out of the sinking fund. To pay the interest on the recognized valid debt of the State maturing in 1910, the sum of two hundred and ninety-four thousand, six hundred and ninety-five ($294,695) dollars. To pay the interest on the recognized valid debt of the State maturing in 1911, the sum of two hundred and ninety thousand, one hundred and ninety-five ($290,195.00) dollars. DEPARTMENT OF AGRICULTURE. SEC. 7. Be it further enacted by the authority aforesaid, That the following sums of money be and they are hereby appropriated to and for the following departments

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of the State Government for each of the fiscal years 1910 and 1911, to-wit: Department of Agriculture. For the salary of the Commissioner of Agriculture, three thousand ($3,000) dollars. For the salary of the Clerk of the Commissioner of Agriculture, eighteen hundred ($1,800) dollars. For the salary of the Chief Oil Inspector, twelve hundred ($1,200) dollars. For the salary of the Chemist of the Agricultural Department, the sum of three thousand ($3,000) dollars, as provided in Par. 1557 of the Code of 1895. For the salaries of the two assistant Chemists, as provided in the Act of 1891, the sums of one thousand ($1,000) dollars, each. For replenishing chemicals and apparatus used by the State Chemist and his assistants, the sum of one thousand dollars ($1,000) or so much thereof as may be needed. For the payment of the Cattle Inspectors, appointed by the Commissioner of Agriculture for the purpose of inspecting cattle as provided by the Act approved December 20th, 1889, and locating and quarantining such as may be infected with distemper or infectious diseases, the sum of five hundred ($500) dollars, or so much thereof as may be needed. For the maintenance of the Department of Agriculture the sum of ten thousand ($10,000) dollars, as provided by paragraph 1794 of the Code of 1895. Also, ten thousand ($10,000) dollars for the purpose of carrying out the provisions of the Pure Food and Drugs Act of Georgia, approved August 21st, 1906. For the University of Georgia for the support and maintenance of the Agricultural and Mechanical schools established in pursuance of the Act approved August

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18th, 1906, the funds arising from the inspection of fertilizers and oils, and from the inspection prescribed by the pure food and drugs law, less the actual cost and expenses incident to the inspection and analysis thereof, including the salaries of the Food and Drug Inspectors. Agricultural and Mechanical Schools. Providing for the appointment of a Veterinary Surgeon, whose compensation shall not exceed five dollars per day and traveling expenses, while in actual service of the State as provided by Act approved August 22nd, 1905. DEPARTMENT OF HORTICULTURE AND ENTOMOLOGY. For the salary of the State Entomologist the sum of two thousand ($2,000) dollars. Horticulture and Entomology. For the employment of an Assistant Entomologist, whose compensation shall be fixed by the State Board of Entomology, for the payment of traveling expenses, equipment, and maintenance of laboratory, publication of bulletins and other reports; for defraying all other expenses in carrying out the provisions of the Act of December 21st, 1900, creating and establishing the department and the Acts amendatory thereof, the sum of ten thousand dollars ($10,000), or so much thereof as may be necessary. GEOLOGICAL DEPARTMENT. For the maintenance of the Geological Department of the State the sum of ten thousand dollars ($10,000), as provided by the Act of 1889; provided that the State Geologist shall require the acting chemist of the Department to assay any ores and analyze any specimens of clay, kaolin and cement, that may be sent in by any citizen of this State with a view to ascertain the commercial value of such ore, clay, kaolin or cement. Geological Department.

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The State Geologist shall furnish any citizen a certificate, giving the result of such assay or analysis. For the printing fund of the Geological Department the sum of twenty-five hunded dollars ($2,500) or so much thereof as may be needed. PRISON DEPARTMENT. For the salaries of the Prison Commissioners, each, two thousand dollars. Prison Department. For the salary of the Clerk of the Prison Commission the sum of one thousand eight hundred ($1,800) dollars. For the support and maintenance of the Prison Department the sum of eighty thousand ($80,000) dollars for the year 1910, or so much thereof as may be needed. For the support and maintenance of the Prison Department the sum of eighty thousand ($80,000) dollars for the year 1911, or so much thereof as may be needed. This amount shall be for the support of the Prison Commission, including the Prison Farm and Reformatory for youthful criminals. The proceeds of the sale of all farm products shall be turned into the State Treasury. THE RAILROAD COMMISSION. For the salary of the Chairman of the Railroad Commission, four thousand ($4,000) dollars. Railroad commission. For the salaries of the remaining Railroad Commissioners, each, two thousand five hundred ($2,500) dollars. For the salary, or salaries, of one or more rate experts, four thousand ($4,000) dollars. For the salary of special attorney to the Railroad Commission two thousand, five hundred ($2,500) dollars.

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For the salary of the Secretary to the Railroad Commission, two thousand ($2,000) dollars. For the salary of the stenographer for the Railroad Commission one thousand, two hundred ($1,200) dollars. For the printing fund of the Railroad Commission the sum of two thousand ($2,000) dollars, or so much thereof as may be needed to pay for such printing and advertising and publishing as the Commission may deem necessary and required by law. For the contingent expense fund of the Railroad Commission the sum of three thousand ($3,000) dollars, or so much thereof as may be necessary, to be paid out of the Treasury on the order of the Governor. PENSION DEPARTMENT. For the salary of the Pension Commissioner the sum of three thousand ($3,000) dollars. Pension Department. For clerical help in the Pension Department, the sum of one thousand eight hundred ($1,800) dollars. For the payment of pensions to maimed and disabled Confederate soldiers, as provided by law, the sum of one hundred and forty thousand ($140,000) dollars, or so much thereof as may be needed. For the payment of pensions to aged and indigent Confederate soldiers, as provided by the Act of 1894, the sum of five hundred and twenty-five thousand ($525,000) dollars, or so much thereof as may be needed. For the payment of pensions to the widows of ex-Confederate soldiers who are indigent, and by reason of age and poverty, infirmity and poverty, or blindness and poverty, are unable to provide for themselves, the sum of one hundred and fifty-five thousand ($155,000) dollars, or so much thereof as may be needed as provided in the Acts of December 19th, 1900.

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For the payment of pensions to the widows of such Confederate soldiers as may have died in the service, or since from wounds received therein, or disease contracted in the service of the Confederate States, the sum of one hundred and twenty thousand ($120,000) dollars, or so much thereof as may be needed. TO STATE LIBRARY. For the salary of the State Librarian, the sum of one thousand, eight hundred ($1,800.00) dollars. State Library. For the salary of the assistant State Librarian, the sum of one thousand, two hundred ($1,200) dollars. For the State Library, to be expended by the Librarian in employing an additional assistant, seven hundred and fifty dollars. For the State Library for the purchase of books, etc., and for such articles and supplies as may be needed by the Supreme Court in the conduct of its business, for which provision is not elsewhere made, the sum of three thousand ($3,000) dollars, or so much thereof as may be needed to be expended as the judges of the Supreme Court may direct. For the State Library for printing new volumes of the Supreme Court and Court of Appeals reports, the sum of ten thousand ($10,000) dollars, or so much thereof as may be needed. For the State Library for the purchase of such books, articles, and supplies as may be needed by the Court of Appeals in the conduct of its business, for which provision is not elsewhere made, the sum of one thousand ($1,000) dollars, to be expended as the Court of Appeals may direct. For reprinting the earlier Georgia Reports, where the copyrights on same have expired, such sum as may

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be needed to be paid for only out of funds received into the State Treasury during the years 1910 and 1911 from the sales of Georgia Reports, the State Codes, and Acts. For compiling and publishing under the direction of the Governor, the Colonial, Revolutionary and Confederate Records of Georgia, such sum as may be needed to pay the contract price for such work and publishing to be paid for only out of money received into the State Treasury during the years 1910 and 1911 from the sales of Georgia Reports, Codes, and Acts, and Colonial, Revolutionary and Confederate Records; provided the expense incurred in annotating Georgia Reports, shall be paid for only out of funds received from the sale of those Reports which have been annotated and actually sold. STATE BOARD OF HEALTH. For the salary of the Secretary of the State Board of Health, the sum of two thousand ($2,000) dollars. State Board of Health. For the salary of the clerk and stenographer of the State Board of Health, the sum of one thousand ($1,000) dollars. For traveling expenses and per diem of the members of the State Board of Health, for the laboratory, bacteriological work, yellow fever work, the dissemination of information concerning small pox, typhoid fever, hook-worm disease, tuberculosis, and other infectious diseases; for the examination of water from towns and cities of the State; for the furnishing of vaccine points and for other information improving the public health; for the manufacture and transportation of both attenuated virus for treating and preventing rabies or hydrophobia, and for the manufacture and distribution of diptheritic antitoxin, both of which shall be supplied when

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necessary free of charge to the people of Georgia; the sum of eighteen thousand, five hundred ($18,500) dollars, or so much thereof as may be needed; provided that not exceeding one thousand ($1,000) dollars of said sum shall be expended for all traveling expenses and to be paid only on itemized accounts to be approved by the Chairman of the Board; and provided further, that said Board shall submit, through its chairman to the Governor, itemized accounts of all expenditures. THE STATE MILITIA. For the military fund of the State, for necessary expenses in maintaining the militia forces of the State of Georgia the sum of twenty five thousand ($25,000) dollars, or so much thereof as may be needed to be expended for the purpose of organizing, arming, equipping, clothing, drilling and training the National Guard of Georgia, for paying said troops when in actual service, for encampments for said troops, for the payment of armory rents, and for the administration of the military department of the State, including necessary clerical assistance under the direction of the Governor. State Militia. MISCELLANEOUS FUNDS. SEC. 8. Be it further enacted by the authority aforesaid, That the following sums of money be and they are hereby appropriated for each of the fiscal years 1910 and 1911 for the following purposes, necessary for the support of the State Government, to-wit: GEORGIA EXPERIMENT STATION. For the payment of the actual necessary expenses of the directors of the Georgia Experiment Station to be

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paid only upon presentation to the Governor of properly certified vouchers, the sum of eight hundred ($800) dollars, or so much thereof as may be needed. Georgia Experiment Station. PUBLIC BUILDING FUND. For ordinary repairs of the public buildings, to purchase coal, wood, lights and furniture for the executive mansion and the various departments of the State Government, to pay the hire of engineers, guards, watchmen, servants, at the mansion, and such porters for the various departments as the Governor may employ, and for the general expenses incident to the keeping in proper condition the public buildings and grounds and to hire such other labor as may be necessary, the sum of twenty five thousand ($25,000) dollars. Out of this appropriation the sum of fifteen hundred ($1,500) dollars per annum shall be paid to the keeper of public buildings and grounds as his salary. The Governor shall require itemized accounts for all payments out of this fund before drawing warrants therefore. Public building fund. PRINTING FUND. For the general printing fund the sum of twenty-five thousand ($25,000) dollars or so much thereof as may be needed. The Governor shall require itemized accounts for all payments out of this fund before drawing warrants therefor. Printing fund. REWARD FUND. For the reward fund for the payment of rewards earned for the arrest of fugitives from justice after executive proclamations offering such reward, the sum of three thousand ($3,000) dollars or so much thereof as may be needed. Reward fund.

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To continue the work of the Roster Commission, in their compilation of the Confederate Roster Rolls, the sum of twelve hundred ($1,200) dollars. Confederate Roster Rolls. SEC. 9. Be it further enacted by the authority aforesaid, That in making the appropriations hereinbefore mentioned, when said appropriations are to be paid to persons or for particular objects, the same shall be paid from the funds arising from the sources now provided by law. SEC. 10. Be it further enacted by the authority aforesaid, That the respective amounts appropriated by this Act for the salaries of the various State House officers and clerical expenses of the various departments shall be held and considered in full payment thereof, and such amounts shall not be increased, directly or indirectly, by payments of additional sums from the contingent fund, or any other funds to such officers, their clerks, or any other person by way of extra compensation or for extra service, or for extra assistance rendered to such officers in any department of said government, and should extra service or assistance become necessary to said officers in said departments, the same shall be paid for out of the amounts respectively appropriated by this act for salaries of the various State house offices and for the clerical expenses of said office. Nor shall any money be paid from any fund to any officer or person as a salary or otherwise unless the same is authorized by law, audited by the Comptroller General and the money duly appropriated therefor. Extra Compensation. 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 16, 1909.

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No. 206. An Act to provide that the funds now in the treasury of the State arising from the license tax on persons, firms and corporations manufacturing or selling in this State or maintaining therein supply depots or places for distributing any imitation or substitute for beer, ale, wine, whiskey or other spirituous or malt liquors, under the Act approved September 5th, 1908, shall be placed in the general fund of the treasury and made available for meeting the general expenses and appropriations of the State, 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 fund now in the treasury of the State, arising from the license tax on persons, firms or corporations manufacturing or selling in this State or maintaining therein any supply depots or places for distributing any imitation or substitute for beer, ale, wine, whiskey or any other spirituous or malt liquors under the Act approved September 5th, 1908, shall be immediately turned into the general fund, and made available for, and shall be paid out for the general expenses of the State and on any appropriation made by the General Assembly, just as any other general fund in the treasury, and said funds shall not longer be held solely 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. Near Beer tax, made available for general expense.

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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, 1909. ENTOMOLOGY, STATE BOARD OF, APPROPRIATION FOR. No. 202. An Act to appropriate $10,000 to the State Board of Entomology for 1909, to be used in experimental work on black root or wilt disease of cotton, cotton anthracnose and experimental work which the Board is now conducting to develop varieties of cotton that can be grown sufficiently early to evade Mexican cotton boll weevil, and other experimental work for the control of seriously injurious insect pests and plant diseases. 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 ten thousand dollars be appropriated to the State Board of Entomology for the years 1909-1910, to be used in experimental work for the eradication of black root or wilt disease of cotton, cotton anthracnose, experimental work which the Board is now conducting to develop varieties of cotton that can be grown sufficiently early to avoid attacks of Mexican cotton boll weevil, and for other experimental work which the Board is now conducting for the control of seriously injurious insect pests and plant diseases. Experimental work by Board of Entomology. SEC. 2. The money appropriated by this act is hereby made immediately available, and all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 14, 1909.

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NEGRO REFORMATORY BUILDINGS FOR STATE FARM. No. 185. An act to appropriate the sum of $8,000 or so much thereof as may be necessary for the purpose of building two buildings for negro reformatory, including all furnishings, two tuberculosis hospitals upon the lands of the State Farm in the county of Baldwin 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 $8,000 or so much thereof as may be necessary, shall be and is hereby appropriated for the purpose of building: Negro reformatories and tuberculosis hospitals. 1. Two negro reformatories including all furnishings $4,000 2. Two tuberculosis hospitals $4,000 upon the lands of the State farm, in the county of Baldwin. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the board of prison commissioners of the State of Georgia are authorized and empowered to make requisitions upon the Governor of said State for the sum of $8,000, or any part thereof from time to time, and the said Governor is authorized and directed to draw his warrant upon the State Treasurer for the amount of said requisition or requisitions so made by the prison commission and the Treasurer is directed to pay the same out of any funds in the treasury, available for that purpose.

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SEC. 3. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 14, 1909. BOARD OF HEALTH, APPROPRIATION FOR. No. 153. An Act to make an additional appropriation to the State Board of Health 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 of Georgia at the session of 1908 appropriated the sum of five thousand dollars to be used by the State Board of Health for the manufacture and transportation of virus for the prevention and treatment of rabies and the manufacture of diptheria antitoxin to be supplied free of charge to the people of this State; and, For distribution of virus and antitoxin by Board of Health. Whereas this sum of money has been expended in the uses and purposes for which appropriated, the State Board of Health having successfully treated since August 17th, 1908, 495 cases of rabies and manufactured over one million units and distributed over two hundred thousand units of antitoxin free of charge, and in doing so have exhausted this appropriation and now finds itself embarrassed to meet the demand daily being made upon it:

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Wherefore, be it now enacted by the General Assembly of Georgia, and it is enacted by authority of same, That the sum of five thousand dollars be and the same is hereby appropriated to the said State Board of Health for its immediate use out of funds in the treasury not otherwise appropriated to be drawn on warrant of the Governor. Approved August 14, 1909. AGRICULTURAL AND INDUSTRIAL SCHOOLS, APPROPRIATION FOR. No. 200. An Act to provide for additional funds for the maintenance, support and equipment of the Agricultural and Industrial schools established in pursuance of an Act approved August 8th, 1906, providing for the establishing of such schools in each of the Congressional Districts of this State, 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 sum of two thousand dollars, or so much thereof as may be necessary to carry out the purposes of this Act as set out in Section 2 hereof, be and the same is hereby appropriated to be paid annually to each of the Agricultural and Industrial Schools, established in each of the Congressional Districts of this State, under an Act approved August 8th, 1906, for the maintenance, support and equipment of said schools, in addition to the revenues now provided by law for said schools from the fees arising

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from the inspection of fertilizers, of oils, and from the inspection prescribed by the Pure Food Law. Agricultural and Industrial Schools. SEC. 2. Be it further enacted by the authority aforesaid, That the purpose of this Act is to provide a maximum annual revenue of ten thousand dollars for each of said schools, and that so much of the amount hereby appropriated shall be paid to each of said schools annually as will, when added to the inspection fees aforesaid, make the total annual revenue of each of said schools amount to the sum of ten thousand dollars, which shall, in no case, be exceeded; and that any surplus remaining over in any year from the amount hereby appropriated, shall be covered into the treasury of the State for general purposes. 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, 1909. PENSIONS, APPROPRIATION FOR PAYMENT OF. No. 277. An Act to authorize and require the Commissioner of Pensions to pay to the widows of deceased pensioners, the pensions due such deceased pensioners, when the pensioner dies after he has become entitled to a pension in any year and before the date when such pension is payable, and to provide that those widows whose husbands died before the passage of this bill, be passed on by the commissioner of pensions and that he report the names of said persons to the Governor

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and to authorize the Governor to draw his warrant in favor of such persons, to be paid out of funds in the treasury 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 lawful, and the Commissioner of Pensions is hereby authorized, empowered, and required in cases now, or hereafter existing, when a pensioner has been enrolled for his pension for the following year and is alive at the date of the closing up of the pension rolls for such year, but dies before the time the pension becomes payable, to pay such pension to the widow, if any, of such deceased pensioner. That those widows entitled, whose husbands died before the passage of this Act, be passed on by the Commissioner of Pensions and that he report the name or names of said persons to the Governor, and that the Governor be authorized to draw his warrant in favor of those so reported, to be paid out of any funds in the treasury. Widows of Pensioners 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, 1909.

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TITLE II. TAXES. ACTS. Tax for support of Government, etc. For payment of Bonds. TAX FOR SUPPORT OF GOVERNMENT, ETC. No. 274. An Act to annually levy and collect a tax for the support of the State Government and the public institutions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debts; to pay maimed and indigent Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by law; to pay the public debt when due; to prescribe what persons, corporations, professions, and property are liable to taxation; to prescribe the methods of collection and of receiving said taxes; to prescribe the methods of ascertaining the property of the State subject to taxation; to prescribe questions to be propounded to taxpayers, and to provide penalties for violations thereof, 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 Governor, by and with the assistance

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of the Comptroller-General, be authorized and empowered annually, beginning in 1910, to levy and assess a tax on the ad valorem value of the taxable property of this State such rate as may be sufficient to raise a net amount of one hundred thousand dollars ($100,000.00) as a sinking fund to pay off and retire the valid, outstanding bonds of the State as they fall due as required by Article 7, Section 14, Paragraph 1 of the Constitution. The tax above authorized shall be specially levied and collected, and separate accounts of the same shall be kept by the Treasurer, and the money arising therefrom shall be applied to paying off the valid bonds of the State as they may mature. For support of the government. For payment of bonds. Ad valorem tax for payment of bonds. The said amount so raised in the year 1910 shall be applied to paying off and retiring the valid bonds of the State maturing in 1912, that raised in 1911 to payment of bonds maturing in 1913, and so on continuously. All bonds retired under the provisions of this Act shall be cancelled and stamped with the words sinking funds by the Treasurer and filed in his office. In addition to the foregoing levy the Governor by and with the assistance of the Comptroller-General, shall also levy and assess such additional rate of tax on the taxable property of this State as may be necessary to meet the appropriations of the General Assembly of Georgia for each successive year. The aggregate ad valorem tax levy in any one year not to exceed the tax rate limit fixed by the Constitution of this State. Concellation of bonds. General tax. SEC. 2. Be it further enacted by the authority aforesaid, That in addition to the ad valorem tax on real estate and personal property, as required by the Constitution and provided for in the preceding Section, the following specific and occupation taxes shall be levied

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and collected each and every year after the passage of this Act, beginning in 1910, Specific taxes. First. Upon each and every male inhabitant of the State, between the ages of twenty-one and sixty years on the days fixed for the return of property for taxation, a poll tax of one dollar ($1.00) which shall be for educational purposes in instructing children in the elementary branches of an English education only; provided, this tax shall not be demanded of blind persons, nor of crippled, maimed or disabled Confederate soldiers, relieved of such taxes under and by authority of Section 766, Volume 1, of the Code of 1895. Poll tax. Second. Upon each and every practitioner of law, medicine, osteopathy, dentistry, and upon each and every veterinary surgeon, optician, architect, public accountant, charging for their services as such; upon every civil, mechanical engineer, and electric engineer, who may reside in this State, the sum of ten dollars. Professional tax. Third. Upon the president of each express, telegraph, telephone, railroad, street railroad, steamboat or navigation company, electric light, sleeping car company, palace car company, building and loan association, investment and loan company, gas company, water power company, doing business in this State, the sum of ten dollars. Presidents of Corporations. Fourth. In case the president of any company or companies enumerated in preceding paragraph does not reside in this State, then in such case the general agent, superintendent or other person or official in charge of the business of such companies who resides in this State, shall be required to pay this business or professional tax of ten dollars, and no municipal, corporation or

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county authorities shall levy an additional tax on the professions and officials enumerated in Paragraph 2nd, 3rd and 4th, above set forth, either as a license tax or fee otherwise; provided, that no professional tax or license shall be required of any indigent or disabled Confederate veteran on the pension roll of the State. Agents of Corporations. Fifth. Upon every daguerrean, ambrotype, photographic and similar artists, ten dollars in each county where they carry on business of making pictures, or securing negatives for pictures to be finished elsewhere. Artists. Sixth. Upon each person, firm or corporation engaged in the business of making abstracts of titles to property in cities or towns of 20,000 inhabitants or over, $50.00; in cities or towns of 10,000 inhabitants and less than 20,000, $25.00; and in cities and towns of less than 10,000 inhabitants, $10.00. Provided, this tax shall not be required of attorneys at law who have paid the professional tax required of them by Paragraph 2 of this Section. Abstractors of titles. Seventh. Upon every person, firm or corporation carrying on the business of an auctioneer, twenty-five dollars in each county in which they may auction the sale of property or carry on such business. Provided, That this Paragraph shall not be construed to apply to any administrator, executor, or guardian disposing by auction of the property of the estate or wards they represent, or to Confederate soldiers. Auctioneers. Eighth. Upon every agent of, and upon every dealer in, and upon every person soliciting orders for the sale of, or purchase of automobiles or other self-propelling vehicles, the sums set out below, for each agency, or place of business, or where a sale or sales are made. Salesmen of automobiles, etc.

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In each county with a population of less than twenty thousand, $25.00. In each county with a population of more than twenty thousand and not exceeding thirty thousand, $50.00. In each county with a population of more than thirty thousand and not exceeding fifty thousand, $75.00. In each county with a population of more than fifty thousand and not exceeding seventy-five thousand, $100.00. In each county with a population of more than seventy-five thousand and not exceeding one hundred thousand, $150.00. In each county with a population of more than one hundred thousand and not more than one hundred and fifty thousand, $200.00. In each county with a population exceeding one hundred and fifty thousand, $250.00. Population in each instance to be determined from the census of the United States for 1900. Ninth. Upon every amusement park operated, owned or leased by any individual, firm, company or corporation other than baseball, football or bicycle parks, hereinafter mentioned, where two or more amusement devices or resorts or attractions are operated and an admission fee is charged for any one or more of the exhibits, resorts, or attractions, the sum of two hundred dollars; provided, this paragraph shall not be construed to exempt or relieve any individual device, resort, amusement or attraction located in said park from the payment of any specific or license tax herein imposed. Amusement Parks. Tenth. Upon the proprietor, owner or lessee of any park or place where baseball, football or any other similar game is played, or where bicycle races or contests

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are held, and where admission fees are charged, fifty dollars for each park or place; provided, that in cities or towns of less than fifteen thousand inhabitants, the license tax shall be only twenty-five dollars for each park or place, and in cities or towns of less than three thousand inhabitants, five dollars per annum shall be charged. Provided, that the tax in this Paragraph shall apply only to those parks or places wherein professional games are played or professional contests are held. Owners or lessees of athletic parks. Eleventh. Upon every bicycle dealer selling or dealing in bicycles, either at wholesale or retail, for themselves, or upon commission, or consignment, shall pay the sum of ten dollars for the fiscal year or any part thereof, to be paid to the tax collector of the county at the time they may commence business. Dealers selling bicycles at more than one place shall pay said license for each place of business where bicycles are sold. All unsold bicycles belonging to dealers shall be liable to seizure and sale for payment of such fees, license and tax. Dealers in bicycles. Twelfth. Upon every keeper, owner or lessee of any pool, billiard or bagatelle table kept for public use, whether in hotel, saloon, or any other public place, fifty dollars for each table. Gaming tables. Thirteenth. Upon every dealer who may sell or give away cigarettes, or cigarette paper, or cigarette tobacco, or who furnish their customers with cigarettes, cigarette paper or cigarette tobacco in connection with any other purchase or transaction, or who may keep in their places of business any of said articles, whether principal stock in trade or sold or given away, or furnished directly or

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indirectly with other articles, or kept in his or her place of business or elsewhere accessible to his or her customers, twenty-five dollars for each place of business. Dealers in cigarettes. Fourteenth. Upon every mercantile, commercial and collecting agency, and all other agencies of like character, one hundred dollars in every county wherein they have established, or may establish, an office or branch office in this State. Mercantile agencies. Fifteenth. Upon each and every person doing detective work, or engaging in the business of a detective for hire or compensation, the sum of ten dollars for each located office established in this State, and if no established office, then said tax shall be required in each county in this State wherein any detective may do or offer to do detective work. Detectives Sixteenth. Upon each and every electric show or exhibition of moving pictures, or illustrated songs, and each place where vaudeville performances are given either with or without electric shows or moving pictures, the sum of ten dollars per month for each place of business, (the same amount of tax shall be required for a part of a month where they may operate or exhibit for a less period). This tax must be paid monthly in advance. Moving pictures and vaudeville. Seventeenth. Upon every social or fraternal club, or corporation, association, or organization of any kind of persons who shall keep or permit to be kept in any room or place (or in any place connected therewith directly or indirectly) in which the members of such club, corporation, organization or association assemble, or frequent, any intoxicating liquors or spirituous or malt liquors of any kind, the sum of five hundred dollars per annum, payable in advance for each room or place where kept

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or allowed. Provided, that nothing in this Section shall be construed to license or permit the keeping of any intoxicating, spirituous or malt liquors, in any place now prohibited by law, or which may hereafter be so prohibited. Fraternal or ganizations having lockers. Eighteenth. Upon each agent, person or firm negotiating loans and charging therefor any fee, commissions or salary, either from the lender or the borrower, the sum of ten dollars in each county in which he or they may carry on business; provided, the provisions of this Section shall not apply to attorneys at law of this State who have paid their professional taxes. Loan agents. Nineteenth. Upon each and every local insurance agent or firm of agents doing business in this State, and upon each and every solicitor or sub-agent for any resident or non-resident company doing business in this State, the sum of ten dollars for each county in which they shall transact or solicit insurance business. Local insurance agents. (2.) Upon each and every traveling, or special, or general agent of any life, fire, or accident, or fidelity, or casualty insurance company, doing business of insurance, fidelity, casualty or accident in this State, the sum of fifty dollars, which license tax must be paid in advance before any such traveling, special or general agent shall be authorized to act as such agent for any of such companies. Said tax to be paid by said agent to the tax collector of the county of his residence. Provided, that railroad ticket agents selling accident insurance tickets shall not be deemed insurance agents in the sense of this Paragraph. Traveling insurance agents. (3.) Upon each and every traveling or special or general agent of an assessment life insurance company,

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and upon every traveling, special or general agent of an industrial life insurance company, and upon every traveling, special or general agent of a sick benefit insurance company, and upon every traveling, special or general agent of a live stock insurance company, doing business in this State, whether for resident or non-resident company, the sum of twenty-five dollars, to be collected and paid in the manner provided above for other insurance agents. Assessment, industrial or sick benefit and live stock insurance companies. (4.) And upon every agent of a matrimonial, natal or nuptial company, the sum of one hundred dollars for each county in which they shall do, or offer to do, business. Matrimonial and natal companies. Twentieth. Upon each emigrant agent, or employee or employees of such agents, doing business in this State, the sum of five hundred dollars for each county in which such agent or employee may conduct, or offer to do, business. Emigrant agents. Twenty-first. Upon every person who may contract for, or engage in, the business of fitting up or erecting lightning rods in this State, the sum of fifty dollars for each county in which he may contract for, or erect, or put in place any lightning rod or rods, upon any structure or building therein. And it shall be the duty of the tax collector to whom the tax is paid to issue to the person paying same a license receipt showing such payment. Lightning rod agents. Twenty-second. Upon the owner, manager, keeper or lessee of any merry-go-round, or flying horses, and of flying swings, or human roulette, or similar devices run by machinery, or of any elevated railway, or scenic railway, or similar contrivance kept for gain, either directly

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or indirectly, twenty-five dollars for each place of business in this State, or for each place where operated. Merry-go-rounds, etc. Twenty-third. Upon the owner, manager, keeper or lessee of any ten-pin alley, or box-ball alley, or bowling alley, or any alley of like character, kept for gain and for public play, twenty-five dollars for each place of business in this State. Ten-pin alleys, etc. Twenty-fourth. Upon the owner, manager, keeper or lessee of shooting gallery or booth or place where any kind of fire-arms are used, firing or shooting at any kind of a target or targets, kept for gain, twenty-five dollars for each place of business in this State. Shooting galleries, etc. Twenty-fifth. Upon the owner, manager, keeper or lessee of any skating rink in this State where any fee or charge is made for admission, for the use of skates or for skating, or for any other purpose, if in or within two miles of the corporate limits of any city or town containing twenty thousand population or over, the sum of one hundred dollars for each place of business. Skating rinks, etc. (2.) If in or within two miles of the corporate limits of any city or town in this State having a population of under twenty thousand and not over ten thousand, the sum of fifty dollars for each place of business. (3.) If in or within two miles of the corporate limits of any city or town in this State having a population under ten thousand and over five thousand, the sum of twenty-five dollars for each place of business. (4.) If in or within two miles of the corporate limits of any city or town in this State having a population of five thousand or less, the sum of ten dollars for each place of business.

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Twenty-sixth. Upon the owner, manager, keeper or lessee of any table, stand, machine or place for the performance of any kind of a game, not prohibited by law, and upon any rack or booth or place for pitching or throwing rings at canes or knives, or other things of value, or any table, or stand for rolling balls for play or for the sale or disposition of prizes, unless kept for exercise or amusement and not kept for gain directly or indirectly, twenty-five dollars for each place of business in this State for each table, stand, machine, place, rack or booth put in use. Gaming tables, machines, etc. Twenty-seventh. Upon every peddler and traveling vender of any patent or proprietary medicine, or remedies, or appliances of any kind, or of special nostrums, or jewelry, or stationery, or drugs, or soap, or of any other kind of merchandise or commodity whatsoever (whether herein enumerated or not) peddling or selling any such goods, wares, medicines, nostrums, remedies, appliances, jewelry, stationery, soap, drug, or other merchandise, fifty dollars in each county where the same or any of them are peddled, sold, or offered for sale. Peddlers of medicines, etc. Twenty-eighth. Upon every peddler of stoves or ranges for cooking purposes, two hundred dollars in each county in which he may do, or offer to do, business or sell such article. Peddlers of stoves, etc. (2.) Upon every peddler of clocks, two hundred dollars for each county wherein he may sell or offer for sale any clock. Peddlers of clocks. (3.) Upon any traveling vendor of any patent churn, or patented fence, or patented agricultural or farm implement or tool, or any other patented article, twenty-five dollars for each county in which they may sell or

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offer to sell any one or more of the articles herein enumerated. Peddlers of churns, tools, etc. (4.) Upon every traveling vendor using boats, barges or other water crafts for the purpose of selling goods of any kind on the rivers or waters within the limits of this State, the sum of fifty dollars in each county where they may sell their wares, goods, or merchandise, and this tax shall be a lien upon the boat, barge, or other water craft and its contents without regard to the ownership thereof. Peddlers using water crafts. Twenty-ninth. Upon every company of traveling traders, or traveling gypsies, or traveling companies or other transient, traveling persons or firms engaged in trading or selling merchandise or live stock of any kind, or engaged in fortune-telling or palmistry, fifty dollars in each county where they carry on either kind of business herein mentioned. This tax shall not apply to bona fide residents of this State trading in live stock only, and the certificate of the ordinary, under seal of the home county of such person as to his permanent residence in this State, shall be sufficient evidence of the same, in any county of this State, to relieve such person of such tax. Traveling gypsies and fortune [Illegible Text] (2.) Upon any person having a fixed place of business engaged in fortune-telling, or palmistry, for gain, the sum of twenty-five dollars in each county. Fortune tellers. Thirtieth. Upon all persons, companies or corporations carrying on the business of selling books, magazines, papers, fruits, confections, or other articles of merchandise on the railroad trains in this State, two hundred dollars, and no county or municipality shall

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have authority to levy any tax for the privilege of carrying on said business. Peddlers on railroad trains. Thirty-first. All corporations incorporated under the laws of Georgia shall, except those that are not organized for pecuniary gain or profit, and those that neither charge nor contemplate charging the public for services rendered, in addition to all other taxes now required of them by law, be and they are hereby required to pay each year an annual license or occupation tax as specified in the following scale: Corporations. Corporations with capital not exceeding $10,000, $5.00. Corporations with capital over $10,000 and not over $25,000, $10.00. Corporations with capital over $25,000 and not over $100,000, $15.00. Corporations with capital over $100,000 and not over $300,000, $25.00. Corporations with capital over $300,000 and not over $500,000, $50.00. Corporations with capital over $500,000 and not over $1,000,000, $75.00. Corporations with capital over one million, $100.00. The tax required by this Paragraph to be paid to the tax collector of the county where such corporation has its home office or place of business. And the payment of this tax will relieve such corporation from the payment of said tax in any other county in which it does business. And to that end the tax collector shall furnish such duplicate receipts as may be needed for authorized agents of the corporations in other counties in this State. Thirty-second. Upon every agent or representative of any foreign or non-resident corporations, said agent or

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representative having a place of business or office in this State, in addition to all other taxes now required of them by law (they) shall be and they are hereby required to pay each year an annual license or occupation tax fixed in accordance with the capital stock of the corporations represented by them, as specified in the preceding Paragraph of this Section (wherein is fixed the license or occupation tax required of corporations chartered under the laws of Georgia), per schedule or scale therein set forth. Provided, that if such foreign or non-resident corporations shall pay to the Comptroller-General of this State the amount of the occupation or license tax prescribed as per said schedule for resident corporations, then such agents of foreign or non-resident corporations shall be relieved from said occupation tax. And to this end said foreign corporations shall register their names, capital stock, and the names of their agents with the Comptroller-General at the beginning of each year, and upon said license or occupation tax being paid, it shall be the duty of the Comptroller-General to furnish said corporation a certificate or duplicate receipt for each agent that said tax has been paid, and the presentation of such certificate or duplicate receipts by such agent to the tax collector of his county shall be sufficient evidence of such payment and authorize the agent to be relieved of said tax. The payment of this tax shall not be construed so as to relieve the corporation or agent of any other license or occupation tax whatever. Provided, that this and Paragraph No. 31 of this Section shall not apply to insurance companies or to sewing machine companies which are separately taxed in other Paragraphs of this Act. Provided further, that all returns by corporations, resident or non-resident,

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must be made under oath, and when any corporation paying this license or occupation tax requires or demands more than two duplicate certificates for agents, then such corporation shall be required to pay an additional fee of one dollar for each duplicate certificate, or receipt, over and above the first two required. Foreign corporations. Thirty-third. Upon every manufacturer of tobacco, and upon every wholesale and retail dealer in tobacco, who redeems, or offers to redeem, any tags or labels sold or distributed or given with tobacco sale, the sum of two hundred dollars for each place of business in this State, where such tags or labels are redeemed. Manufacturers of and dealers in tobacco. Thirty-fourth. Upon every manufacturer of, or wholesale or retail dealer in, or agent for the sale of any typewriter, or typewriting machine, twenty-five dollars for each place of business in this State. Typewriting machines. Thirty-fifth. Upon every manufacturer of, or wholesale dealer in, or agent for the sale of any cash register, one hundred dollars for each place of business in this State. Cash registers. Thirty-sixth. Upon every manufacturer of, or wholesale or retail dealer in, or agent for the sale of any adding machine, or calculating machine, the sum of one hundred dollars for each place of business in this State. Adding machines. Thirty-seventh. Upon every manufacturer of, or wholesale dealer or retail dealer in, or agent for the manufacture of any weighing scales, or scales for calculating weights, or prices of commodities weighed, twenty-five dollars for each place of business in this State. Weighing scales.

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Thirty-eight. Be it further enacted, That after December 31, 1909, there shall be levied on all persons and companies carrying on in this State the business of manufacturing or selling by wholesale, or distributing from any depot, car, warehouse or agency any carbonated waters or syrups, or other articles to be used in carbonated waters, or intended to be mixed with or blended with carbonated waters, or to be sold as soft drinks (not including imitations of beer, wine, whiskey, or other intoxicating liquors), an occupation tax for the privilege of carrying on said business at the end of each quarter an amount equal to one-fourth of one per cent. on the gross receipts from said business, in this State, for said quarter. Within (3) three days from the end of each quarter of the calendar year each person or company engaged in said kinds of business shall make returns, under oath, to the Comptroller-General of the State showing the amount of said gross receipts with a detailed statement of the parties from whom said receipts are received. In case of a corporation, the returns shall be made on oath by the president, if a resident of this State, and if the president is not such resident, by the officer or person in charge of the business of said corporation in this State. Upon failure of any person required by this Section to make such return within ten days after the expiration of such quarter, he shall be guilty of a misdemeanor, and shall be liable to indictment and be punished as now provided in cases of misdemeanor. Upon the making of such quarterly return, the company or person liable to said tax shall pay the same to the Comptroller-General, and upon failure to pay the same, the Comptroller-General shall issue an execution for said tax against the property of the person

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or company liable to said tax. If no returns be made, the Comptroller-General shall ascertain the amount of said gross receipts from the best information in his power and assess the tax accordingly, after giving the company or person liable to said tax at least five days notice of the time of assessing said tax and issue his execution accordingly against the person or corporation carrying on said business. Any person, company or agent of the same carrying on any kind of business specified in this Section, after failure to pay the tax herein levied for any preceding quarter during which he or it was liable to tax, shall be guilty of a misdemeanor. It is hereby enacted that all said taxes received or collected under this Section shall be paid into the State Treasury. Soft drinks, etc. It is also enacted, That any person or company paying the tax herein levied, shall be relieved of any and all occupation tax or license fees to the State under existing law on or for the kind of business specified in this Section. Thirty-ninth. Upon all persons, firms or corporations running or operating soda fountains in this State, the sum of five dollars on each draught arm or similar device used in drawing carbonated water. Soda fountains. Fortieth. Upon every individual, agent, or firm of agents of any packing house; and upon any and every individual agent, or firm of agents of any person, firm, or corporation dealing in any packing house products or goods, doing business in this State, the sum of two hundred dollars for each place of business in each county having a city situated therein with a population of thirty thousand (30,000) or more; and one hundred dollars ($100.00) for each place of business in each county having

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a city with a population of less than thirty thousand and not less than fifteen thousand; $50.00 for each place of business in each county with a population of ten thousand and not less than five thousand, and $10.00 for each place of business in a county having a town of less than five thousand population. Agents of packing houses. Forty-first. Upon every itinerant doctor, dentist, optician, veterinary surgeon, osteopathist, or specialist of any kind traveling and doing business in this State, the sum of ten dollars for each county in which they may practice or do business; provided, that the provisions of this Paragraph shall not apply to persons whose fixed place of business is in any county of this State, and who have paid the professional tax required by Paragraph 2 of Section 2 of this Act. Provided, further, that if any such itinerant doctor, dentist, optician, veterinary surgeon, osteopathist, or specialist shall peddle, or sell any drug, medicine, remedy, appliance, spectacles, glasses, or other goods, in connection with the practice of his profession, he or they shall be subject to the tax required of peddlers or traveling venders of patent or proprietary medicines, nostrums, etc., by Paragraph 27th of Section 2 of this Act, to-wit: Fifty dollars in each county where they may sell or offer to sell any such articles. Itinerant doctors and specialists. Forty-second. Upon each and every dealer in pistols, or in toy-pistols which shoot cartridges, or who deal in pistol cartridges, or rifle cartridges, or dirks, bowie knives, or metal knucks, twenty-five dollars for each place of business in this State. Dealers in weapons. Forty-third. Upon each and every person, firm or corporation, for himself or as agent for resident or non-resident

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owner, who keeps or holds for hire, or for sale, any billiard, pool or other table of like character, one hundred dollars for each place of business in this State. Billiard tables, etc. Forty-fourth. Upon every person or firm carrying on the business of a pawnbroker, two hundred dollars for each place of business in this State; and if any such pawnbroker shall sell or offer for sale (or expose in his place of business) any pistol, pistol or rifle cartridges, dirk, bowie knife, or metal knucks, whether sold as unredeemed pledges or otherwise, he shall also be held subject to and required to pay the license tax required of the dealers in such articles by Paragraph 42 of this Section of this Act. Pawnbrokers. Forty-fifth. Upon every person, firm or corporation engaged in bottling of beverages of any kind, or of any kind of syrups, the sum of twenty-five dollars for each bottling machine used or operated in such business in this State. Bottling beverages. Forty-sixth. Upon every slot machine operated, used or kept in this State, wherein is kept any article to be purchased by depositing therein any coin or thing of value, and for which may be had any article of merchandise whatsoever, the sum of two and 50/100 dollars for each machine for each county where operated, used, set up, or kept. Slot machines. (2.) And upon every slot machine wherein may be seen any picture; or any music may be heard by depositing in the machine any coin or thing of value, and every weighing machine or scales; and every machine for making stencils by the use of contrivances operated by slot wherein any coin or other thing of value is to be deposited, the sum of five dollars for each machine in each

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county where set up, operated, or used; provided, that not more than seventy-five dollars shall be required of any one person in any one county under this Section. Slot machines. Forty-seventh. Upon all shows and exhibitions (except such as histrionic, musical, operatic and elocutionary and circus companies) and upon each side-show accompanying circus companies, fifty dollars in each and every city or town of five thousand inhabitants or over; forty dollars in every town or city of more than four thousand and under five thousand inhabitants; and thirty dollars in towns of less than four thousand inhabitants. Shows. Forty-eighth. Upon every circus company, or other companies giving such exhibitions, beneath or within a canvas enclosure, advertised in print, or by parade in any manner whatsoever as a circus menagerie, hippodrome, spectacle or show implying a circus, in or near cities or towns of twenty thousand or more inhabitants, five hundred dollars for each day it may exhibit; in or near cities or towns of five thousand inhabitants and not more than twenty thousand, two hundred dollars for each day it may exhibit; in or near cities or towns of four thousand inhabitants and under five thousand inhabitants, one hundred and fifty dollars for each day it may exhibit; and in or near cities or towns of less than four thousand inhabitants, one hundred dollars for each day it may exhibit in the State of Georgia. Circus companies. Forty-ninth. Upon every dog or pony show or horse show where the entire show is exclusively an exhibition of trained or educated dogs, ponies, or horses and monkeys, or a combination of any of them, beneath a tent, canvas or enclosure, with an admission fee of fifteen

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cents or more, the sum of fifty dollars, for each day it may exhibit; and upon such shows, with an admission fee of less than fifteen cents, the sum of thirty dollars for each day it may exhibit in this State. Dog and pony shows. Fiftieth. Upon every midway combination of small shows, or street fair, or street carnival, the sum of ten dollars each week, or fractional part thereof, for each separate tent, enclosure, or place, where an admission fee is charged or collected, either directly or indirectly, to witness or hear any performance, or where anything may be exhibited for admission or ticket. And upon every merry-go-round or flying horse, accompanying any midway combination, street fair or street carnival, the sum of twenty-five dollars in each city or town in this State in which it does business, or in each county where they may operate outside the limits of any city or town in this State. Midway shows and street fairs. Fifty-first. Upon every person or firm engaged in the business of buying or selling real estate on commission, or as agents renting real estate, the sum of ten dollars for each county in which he or they may conduct said business. And if such person or firm shall engage in auctioneering, or selling property at public outcry, or by auction sales, he or they shall also be liable for and required to pay the tax required of auctioneers by paragraph number seven of this Section. Real estate agents. Fifty-second. On all dogs the sum of one dollar per head, such tax to be enforced by levy and sale as other taxes are collected, and not to interfere with the imposition and collection of any municipal taxes on dogs, whether such dog or dogs be owned by the tax payer, his wife or minor child; provided, that in the event no purchaser

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at the sale of any dog should bid the amount of said execution, that the levying officer shall cause said dog to be killed. Dogs. Fifty-third. Upon every manufacturer of mowing machines, reaping and binding machines or gas engines, selling or dealing in mowers, reapers or binders or gas machines, by itself, or its agents in this State, and all wholesale and retail dealers in mowers, reapers or binders or gas engines, selling machines or gas engines manufactured by companies that have not paid the tax herein shall pay one hundred ($100) dollars, the same to be paid to the Comptroller-General annually, at the time of commencement of business; and to be known as a License fee for the privilege of doing business in this State. All companies and others paying this license fee shall, at the time of payment of same, furnish the Comptroller-General with a list of all agents authorized to sell mowers, reapers, binders or gas engines of their manufacture, or under their control, and shall pay to said Comptroller-General the sum of ten ($10.00) dollars for each of said agents for the fiscal year or fractional part thereof for each county in which said agent may do business. Upon the payment of the said ten ($10.00) dollars, the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State. Before commencing business under this Act, all such agents shall be required to register their names with the Ordinaries of those counties in which they intend to do business and shall exhibit to said Ordinaries their license from the Comptroller-General. Wholesale and retail dealers in mowers, reapers, binders or gas engines shall be required to pay the tax provided herein for each manufacture of the above

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machines sold by them, except the manufacturer of such companies as have paid the tax required by this Act. All unsold mowers, reapers and binders and gas engines, belonging to mowing, reaping or binding machines or gas engine companies, dealers or their agents, in possession of said companies, dealers, their agents or others, shall be liable to seizure and sale for the payment of such fees, license or tax. None of the provisions of this Section shall apply to licensed auctioneers selling second hand machines or to officers of the law under legal process, or to merchants buying and selling machines or gas engines on which a license tax has been paid as herein provided and who keep the machines or gas engines and sell and deliver them from their place of business. Any person who shall violate the provisions of this Section shall be liable to indictment for a misdemeanor and on conviction shall be punished as prescribed in Section 1039, Volume 3, of the Code of 1895. Mowing machines, etc. Fifty-fourth. Upon every company, firm or individual compiling a city directory or directories of any character and selling the same or supplying the same on subscription the sum of fifty ($50.00) dollars. City directories. Fifty-fifth. In all cases in this Section where population controls the amount of tax or license fee to be paid, the census report of the Federal Government shall govern. SEC. 3. Upon every sewing machine company selling or dealing in sewing machines by itself, or its agents in this State, and all wholesale and retail dealers in sewing machines, selling machines manufactured by companies that have not paid the tax herein shall pay three hundred dollars for each fiscal year or fractional part

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thereof, to be paid to the Comptroller-General at the time of commencement of business; and said companies or dealers shall furnish the Comptroller-General with a list of agents authorized to sell machines of their manufacture, or under their control and shall pay to said Comptroller-General the sum of ten dollars for each of said agents for the fiscal year or fractional part thereof for each county in which said agent may do business for said company. Upon the payment of said additional sum the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State. Before doing business under this Act all sewing machine agents shall be required to register their names with the Ordinaries of those counties in which they intend to operate, and exhibit to said Ordinaries their license from the Comptroller-General, and to keep such license posted on their vehicles, or at their place of business. Wholesale or retail dealers in sewing machines shall be required to pay the tax provided herein for each manufacture of sewing machines sold by them, except the manufacture of such companies as have paid the tax required by this Act. All unsold sewing machines belonging to sewing machine companies, dealers or their agents, in possession of said companies, dealers, their agents or others, shall be liable to seizure and sale for payment of such fees, licenses or tax. Any person who shall violate the provisions of this Section shall be liable to indictment for a misdemeanor, and on conviction shall be punished as prescribed in Section 1039, Volume 3, of the Code of 1895. None of the provisions of this Section shall apply to licensed auctioneers, selling second hand sewing machines, or to officers of the law under legal process or

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to merchants buying and selling machines on which a license tax has been paid as herein provided, and who keep the said machines and sell and deliver them at their place of business, such sales not being on commission; provided, that if said merchant shall employ an agent or agents to deliver or sell the machines, the provisions of this Section shall apply to said agent or agents. Sewing machines. SEC. 4. Be it further enacted, by the authority aforesaid, That the taxes provided for in paragraphs 1, 2, 3, 4 and 52 of Section 2 of this Act shall be returned to the receiver of tax returns in the county of the residence of the person liable to such tax, and shall, by the receiver, be entered upon his digest of taxable property. All the other taxes enumerated and set forth in Section 2 of this Act shall be returned and paid to the tax collectors of the counties where such vocations or business are carried on, and paid in advance, except the occupation tax on agents of foreign corporations taxed in Paragraph 32, Section 2, which must be paid to the Comptroller-General. Tax returns and payments. SEC. 5. Be it further enacted by the authority aforesaid, That the taxes provided for in this Act shall be paid in full for the fiscal years for which they are levied, to the tax collectors of the counties where such vocations are carried on at the time of commencing to do business, except such taxes as are by this Act made payable to the Comptroller-General. Before any person shall be authorized to open up or carry on said business, they shall go before the Ordinary of the county in which they propose to do business and register their names, the business they propose to engage in, the place

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where it is to be conducted, and they shall then proceed to pay their tax to the collector. And it shall be the duty of said Ordinary to immediately notify the tax collector of such registration, and at the end of each quarter furnish the Comptroller-General with a report of such special tax registration in his office. Any person failing to register with the Ordinary or having registered, fails to pay the special tax as herein required, shall be liable to indictment for misdemeanor and on conviction shall be fined not less than double the tax or be imprisoned as prescribed by Section 1039 of Volume 3 of the Code of 1895 or both in the discretion of the court. One-half of said fine shall be applied to the payment of the tax, and the other to the fund of fines and forfeitures for the use of the officers of the court. Registration of business and payment of tax. SEC. 6. Be it further enacted by the authority aforesaid, That all foreign and home insurance companies, doing business in this State shall pay one per centum on all premiums, in money or otherwise, received by them, upon the gross receipts of such insurance companies on business done in the State for the year. Insurance companies. ( Provided, This shall not include return premiums on cancelled policies.) 2. Be it further enacted by the authority aforesaid, That every fire insurance company and life insurance company incorporated under the laws of this State and doing business on the legal reserve plan, shall be required to return for taxation all of its real estate as other real estate is returned, and all of the personal property owned by such company shall be returned as other personal property is returned for taxation, and the value of the personal property owned by it shall be ascertained in the following manner: Tax returns by home insurance companies.

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From the total value of the assets held by the company both real and personal, shall be deducted the assessed value of all the real estate owned by the company in this State; the non-taxable bonds deposited by the company with the State Treasurer and the amount of the reserve or net value of its policies required by law to be held by the company for its policyholders and which belong to such policyholders; the remainder shall be the value of the personal property owned by and taxable against such company. (3) Be it further enacted by the authority aforesaid, That whenever any insurance company, doing business, in this State, shall make it appear by proof satisfactory to the insurance commissioner that one-fourth in amount of its total assets are invested in any or all of the following securities or property, to-wit: Bonds of this State or of any county or municipality of this State, property situated in this State and taxable therein, loans secured by liens on real estate situated in this State or policy loans secured by insurance policies issued by such company on lives of persons resident in this State, then the premium tax levied by the first paragraph of this Section, shall be abated or reduced to one-half of one percentum upon the gross reeipts of such company, and if the amounts so invested by any such company shall be as much as three-fourths of the total assets of such company, then said premium tax shall be abated or reduced to one-tenth of one percentum upon such gross receipts of such company. Investments and loans by insurance companies. SEC. 7. Be it further enacted by the authority aforesaid, That 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

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for beer, ale or wine or 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 for said license the sum of one thousand ($1,000.00) dollars for each calendar year or part thereof, for each place of business. License for manufacturers in near beer etc. (2) And that every person, firm or corporation who shall maintain a supply depot, warehouse, distributing office or other place of business within this State where such beverages, drinks or liquors referred to in the first Paragraph of this Section are kept for sale or distribution or are sold in wholesale quantities, that is to say, in quantities of more than five gallons, and that each and every agent or representative of each separate nonresident manufacturer, manufacturing firm or manufacturing corporation of any such beverages, drinks or liquors, and each person, firm or corporation handling the product of such non-resident manufacturer, manufacturing firm or corporation and keeping for sale or for distribution or handling and selling any such drinks, liquors or beverages in this State in wholesale quantities as aforesaid shall obtain a license so to do from the Ordinary of the county, wherein such supply depot, warehouse or distributing office or other place of business by wholesale is located and shall pay for said license the sum of one thousand ($1,000.00) dollars for each calendar year or part thereof for each such place of wholesale business in this State. The said agents or representatives of non-resident manufacturers of such beverages, and persons handling and selling by wholesale the product of such non-resident manufacturing persons, firms or corporations, shall obtain and pay for a separate license for each separate non-resident

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person, firm or corporation represented by them, or whose product is handled by them in wholesale quantities. License tax for wholesale dealers in near beer, etc. (3) And that every person, firm or corporation who shall sell or offer for sale in quantities of less than five gallons any such beverages, drinks or liquors referred to in the first paragraph of this Section, shall first obtain a license so to do from the Ordinary of the county wherein such business is carried on, and shall pay for said license the sum of three hundred ($300) dollars for each calendar year or part thereof, for each place of business; provided, that no Ordinary shall issue any license to any person, firm or corporation to do or carry on such business outside of, nor shall any such license be construed to give authority to any person, firm or corporation to do or carry on such business outside of the corporate limits of any incorporated city, town or village of this State; provided, further, that no such license shall be issued to any one to do or to carry on such business in any town or city of less than twenty-five hundred (2,500) inhabitants; same to be determined by the last census report of the United States; provided, further, that no ex-Confederate veteran shall at any time be allowed to do or to engage in the sale of such beverages in this State without first complying with the license laws of this State; and provided, further, that no ex-Confederate veteran shall be permitted to engage in the sale of such beverages in any municipality in this State without first obtaining the permission of the proper authorities of such municipality. License tax for retail dealers in near beer, etc. SEC. 8. Be it further enacted by the authority aforesaid, That the president, general manager and secretary of all building and loan associations or other associations

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of like character shall be required to return to the tax receiver of the county where such associations are located, all real and personal property of every kind and character belonging to such associations, except that real property located in another county shall be returned to the tax receiver of that county. Tax returns of building and loan associations. SEC. 9. Be it further enacted by the authority aforesaid, That all foreign and home fidelity guarantee companies, or other companies furnishing bonds or similar associations doing business in this State, shall pay one per cent. of all premiums in money or otherwise received by them and the agent, general or special or local, as the case may be, of said companies, shall make returns to the Comptroller-General on the same terms and in the same manner as insurance companies. Fidelity guarantee companies. SEC. 10. Be it further enacted by the authority aforesaid, That the president, superintendents or agents of all manufacturing and other companies, whether incorporated or not, other than railroad, telegraph, telephone, express, sleeping and palace car companies and such other companies as are required to make return of the value of their franchise to the Comptroller-General under the provisions of the Act approved December 17, 1902, entitled An Act to provide for and require the payment of taxes on franchises, and to prescribe the method for the return and payment of said taxes and all persons and companies conducting business enterprises of every nature whatsoever, shall return for taxation at its true market value all of their real estate to the tax receiver of the county wherein said real estate is located; provided, that if the real estate upon which said manufacturing or other business enterprise of whatsoever nature is carried on, lies on or across the county

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line, or county lines, and in two or more counties said real estate shall be returned to the tax receiver of the county wherein are located the main building containing the machinery, or most of the main buildings; provided, further, that all persons, companies and corporations, not excepted above, conducting any business enterprise upon realty not taxable in the county in which such persons reside, or the office of the company or corporation is located, shall return for taxation their stock of merchandise, raw material, machinery, live stock, and all other personalty employed in the operation of such business enterprise, together with the manufactured goods and all other property of such business enterprise, and notes and accounts made and the money used in the prosecution of said business enterprise on hand at the time for the estimation of property for taxation, including all personalty of whatsoever kind connected with or used in such enterprise in any manner whatsoever, in the county in which is taxable the realty wherein such business enterprise is located or carried on; provided, further, that the agent in this State of any person, firm or corporation, resident without this State who shall have on hand for sale, storage, or otherwise, as such agents, merchandise or other property, including money, notes, accounts, bonds, stocks, etc., shall return the same for taxation to the tax receiver of the county wherein the same may be, to be taxed for State and county purposes, as other property in this State is taxed. The word merchandise shall be held to include guano, commercial fertilizer, save and except that all canal and slack water navigation companies shall make through their respective executive officers or stockholders in possession of the same returns to the tax receiver of each

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county in which the same is located, or through which the same shall pass, in whole or in part of the right of way, locks and dams, toll houses, structures, and all other real estate owned by or used by the company of stockholders thereof; provided, this Act shall not make subject to taxation any property of canal or navigation companies which is not subject to taxation by the laws of this State now existing. The president of every manufacturing company in this State, and the agent, general manager or person in possession or charge of the business or property in this State, if any non-resident person, firm or corporation shall be required to answer under oath in addition to those provided by law, the following questions: Returns of manufacturing and other companies. First. What is the nominal value or cost of the real estate of the company you represent, including the buildings thereon? Second. What is the fair market value thereof? Third. What is the nominal value or cost of your machinery of every kind? Fourth. What is the fair market value thereof? Fifth. What is the value of the real estate not used in the conduct of the business of your company? Sixth. What is the value of raw material on hand on the day fixed for the return of property for taxation? Seventh. What is the value of manufactured goods or articles on hand on the day fixed for the return of property for taxation, whether at your principal office or in the hands of agents, commission merchants or others?

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Eighth. How much money did your company have on hand on the day fixed for the return of property for taxation, whether within or without the State? How much deposited in banks? Ninth. State separately the gross nominal value of the notes, accounts, bonds and other obligations for money or property of every kind on hand on the day fixed for the return of property for taxation. State separately the fair market value of each of said classes of property. Tenth. What other property of every kind did your company own on the day fixed for the return of property for taxation, and what is the fair market value thereof? And such company shall be taxed upon its entire property so ascertained and the Comptroller-General is authorized to frame and have propounded any other question which in his judgment will produce a fuller return. SEC. 11. Be it further enacted by the authority aforesaid, That all railroad companies, street and suburban railroads, or sleeping car companies, companies or persons, or companies operating railroads, or street railroads, or suburban railroads, or sleeping cars in this State, all express, including railroad companies doing an express, telephone or telegraph business, and all telephone and telegraph companies, person or persons doing an express, telephone or telegraph business; all gas, water, electric light or power, steam heat, refrigerated air, dockage or cranage, canal, toll road, toll bridge, railroad equipment and navigation companies, through their president, general manager or agent having control of the companies' affairs in this State, shall be required to make returns of all property of said company

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located in this State to the Comptroller-General, and the law now of force providing for the taxation of railroads in this State shall be applicable to the assessment of taxes from said business as above stated. Returns of railroads and public utility companies. Second. That each non-resident person or company whose sleeping cars are run in this State shall be taxed as follows: Ascertain the whole number of miles of railroad over which sleeping cars are run, and ascertain the entire value of all sleeping cars of such company, of such person or company, then tax such sleeping cars at the regular tax rate imposed upon the property of this State in the same proportion to the entire value of such sleeping cars that the length of lines in this State over which such cars are run bears to the length of lines of all railroads over which such sleeping cars run: The returns shall be made to the Comptroller-General by the president, general agent, or person in control of such cars in this State. The Comptroller-General shall frame such questions as will elicit the information sought, and answers thereto shall be made under oath. If the officers above referred to in the control of said sleeping cars shall fail or refuse to answer, under oath, the questions so propounded, the Comptroller-General shall obtain the information from such sources as he may, and he shall assess a double tax on such sleeping cars. If the taxes herein provided for are not paid, the Comptroller-General shall issue executions against the owners of such cars, which may be levied by the sheriff of any county of this State upon the sleeping car or cars of the owner who has failed to pay the taxes. Sleeping cars. Third. Any person or persons, co-partnership, company or corporation whenever organized or incorporated

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whose principal business is furnishing or leasing any kind of railroad cars except dining, buffet, chair, parlor, palace or sleeping cars, or in whom the legal title in any such cars is vested, but which are operated, or leased, or hired to be operated on any railroads in this State shall be deemed an equipment company. Every such company shall be required to make returns to the Comptroller-General under the same laws of force in reference to the rolling stock owned by the railroads making returns in this State and the assessment of taxes thereon shall be levied and the taxes collected in the same manner as provided in the case of sleeping cars in sub-Section 2 of this Section. Railroad equipment companies. SEC. 12. Be it further enacted by the authority aforesaid, That no tax shall be assessed upon the capital of banks, or banking associations, organized under the authority of this State, or of the United States, located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or non-resident owners, shall be taxed in the county where the banks or banking associations are located, and not elsewhere at their full market value, including surplus and undivided profits, at the same rate, provided in this Act for the taxation of monied capital in the hands of private individuals; provided, that nothing in this Section contained shall be construed to relieve such banks or banking associations from the tax on real estate held, or owned by them; but they shall return said real estate at its fair market value, in the county where located. Provided, further, that where said real estate is fully paid for the value at which it is returned for taxation may be deducted from the market value of their shares; and if said real estate is not fully paid for, only the

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value at which the equity owned by them therein is returned for taxation shall be deducted from the market value of their shares. Banks. The banks or banking associations themselves shall make the returns of the property and the shares herein mentioned and pay the taxes herein provided. Provided, further, That all property used in conducting or operating a branch bank shall be returned for taxation in the county where such branch bank may be located. The true intent and meaning of this Section is that the bank itself shall return for taxation and pay the taxes on the full market value of all shares of said bank stock. SEC. 13. Be it further enacted by the authority aforesaid, That the presidents of all railroad companies doing business in this State shall make returns to the Comptroller-General in the manner provided by law for the taxation of the property or the gross receipts or net income of such railroads and shall pay the Comptroller-General the tax to which such property or gross receipts or net incomes may be subject according to the provisions of this Act and the laws now of force relating to the tax on railroads; and on failure to make return or refusal to pay tax, said company shall be liable to all the penalties now provided by law, and the Comptroller-General is hereby required upon failure of such companies to make returns, or if made and not satisfactory to said officer, to proceed against such companies as provided in Section eight hundred and twelve of the Code of 1895, Volume 1. Railroads. SEC. 14. Be it further enacted by the authority aforesaid, That the presidents and principal agents of all incorporated companies herein mentioned, except such as

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are required to make returns to tax receivers of the counties shall make returns to the Comptroller-General under the rules and regulations provided by law for such returns, and subject to the same penalties and modes of procedure, for the enforcement of taxes from companies or persons required by law to make returns to the Comptroller-General. Returns of corporations. SEC. 15. Be it further enacted by the authority aforesaid, That in returning property for taxes, all property shall be returned at its value. Promissory notes, accounts, judgments, mortgages, liens of all kinds, and all choses in action shall be given in at their value whether solvent or partially solvent. Every person shall return for taxes all jewelry and other property of every kind owned by his wife and minor children, unless the member of his or her family return their property for taxation. In addition to the questions now propounded to the taxpayer by the tax receiver, questions shall be framed by the Comptroller-General to reach all property upon which a tax is imposed by this Act. The Comptroller-General shall also submit to the tax payers the following question: What is the value of the automobile owned by yourself, wife or minor child? Tax returns. SEC. 16. Be it further enacted by the authority aforesaid, That the oath to be administered to all persons making returns of taxable property for themselves or as agent of another shall be the oath required under Section 834, Volume 1 of the Code of 1895, to be attached to the printed list presented to each tax payer; provided, that non-residents, females and sick persons may take and subscribe the oath herein required, before any person authorized by law to administer oaths and cause the

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same to be delivered to the tax receiver who shall receive the same. Oath of tax payers. SEC. 17. Be it further enacted by the authority aforesaid, That the Comptroller-General is authorized and empowered to order the tax receivers of the State to commence receiving the returns of the taxable property immediately after the first day of April of each year, and that the Comptroller-General is empowered and required to cause the tax to be collected and to be paid into the treasury by the 20th of April of each succeeding year. Tax returns, when made. SEC. 18. Be it further enacted by the authority aforesaid, That blind persons, persons with one arm or one leg, and all other persons having lost a limb or limbs, or deformed by nature, so as to render them unfit for manual labor, relieved by the proviso in Paragraph 1, Section 2 from the payment of taxes designated in that paragraph shall be relieved also from the payment of the taxes designated in Paragraphs 23, 24, 25, 26 and 27, of Section 2, and also from payment of any county or municipal license tax, if carrying on and dependent upon the kinds of business designated therein; provided, that before any person shall be entitled to the benefit of any other exemptions provided for in this Section, he shall go before the Ordinary of the county in which he proposes to carry on said business and make and file an affidavit setting forth the facts that he is entitled to such exemptions, and that he is the proprietor and owner of the business he proposes to conduct, and is conducting the same for himself and not for others. Exemptions.

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SEC. 19. Be it further enacted by the authority aforesaid, That immediately after the first day of March of each year the Governor, Comptroller-General and State Treasurer shall fix a day between January 1st and April 1st of each year as the day for making the returns of taxes instead of April 1st, which day shall not be fixed until March 1st of each year as provided by the Act approved December 20th, 1893. Tax returns, when made. SEC. 20. Be it further enacted by the authority aforesaid, That it shall be the duty of the Comptroller-General when he causes to be printed the lists which are to be presented to the tax payer, as is required under existing laws, to incorporate therein the questions provided in this Act, and to so arrange them as to require a separate answer to each question, and the Comptroller-General is authorized and required to include any other question in said lists which in his judgment will cause a fuller return of property subject to taxation under the laws of this State, and shall omit from said lists such questions as are more explicitly covered and set forth in this Act or under existing laws. Lists for tax returns. SEC. 21. Be it further enacted by the authority aforesaid, That it shall be the duty of the receiver of tax returns of the several counties of this State before receiving the returns of any tax payer, to actually administer the oath required by law of tax payers, the oath being read by the tax payer in the presence of and in the hearing of the tax receiver, or by the tax receiver in the hearing and presence of the tax payer; and for failure of such receiver to so administer such oath, except in those cases where by law said oath may be made before some other persons, such receiver will be guilty of a

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misdemeanor and upon conviction shall be punished as prescribed in Section 1039 of Volume 3 of the Code of 1895. Oath of tax payer. SEC. 22. Be it further enacted by the authority aforesaid, That the intent and purpose of the tax laws of this State is to have all property and subjects of taxation assessed at the value which would be realized therefrom by cash sale, as such property and subjects are usually sold, but not by a forced sale thereof, and the words fair market value when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in such manner as such property and subjects are usually sold. Fair market value. SEC. 23. 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 16, 1909. TAX FOR PAYMENT OF BONDS. No. 232. An Act to levy a tax as required by the Constitution to raise the sinking fund to pay off and retire the valid bonds of the State as they mature, 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 Governor is hereby authorized and directed, with the assistance of the Comptroller-General at the time of the assessment of the levy of the taxes for the year 1909, to assess a per centum on the taxable

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property of this State sufficient to raise the sum of one hundred thousand dollars ($100,000.00) net for said year 1909, in addition to the amount to be levied to pay the public expenses and the interest on the public debt, which shall be a sinking fund to pay off and retire an equal amount of the valid bonds of this State as they may mature, as herein provided, and which shall be applied to no other purpose whatever; provided, this tax shall not be estimated by any county authorities in assessing for county purposes, the taxes of any county. Tax to pay bonds. SEC. 2. Be it further enacted by the authority aforesaid, That the tax authorized herein shall be specially levied and collected, and separate accounts of the same shall be kept by the treasurer, and the money arising therefrom shall be applied to paying off the valid bonds of the State as they may mature. Application of money. SEC. 3. Be it further enacted by the authority aforesaid, That the said amount so raised in the year 1909 shall be applied to paying off and retiring the valid bonds of the State maturing on January 1st, 1911. Application of money raised. SEC. 4. Be it further enacted by the authority aforesaid, That all bonds retired under the provisions of this Act shall be cancelled and stamped with the words Sinking Fund by the treasurer, and filed in his office. Cancelation of bonds. 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 16, 1909.

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TITLE III. AMENDMENT TO CONSTITUTION. ACTS. Augusta, City of, increase of indebtedness. AUGUSTA, CITY OF, INCREASE OF INDEBTEDNESS. No. 255. An Act to amend Paragraph one of Section seven of Article seven of the Constitution of this State, so as to provide for allowing the City Council of Augusta, which owns both a power producing canal and water works, to increase its bonded indebtedness beyond the amount now allowed under said paragraph, under certain circumstances, for the purpose of flood protection. 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 paragraph one of Section seven of article seven of the Constitution of this State is hereby amended by adding at the end of said paragraph the following words: Except that the City Council of Augusta, from time to time as necessary, for the purpose of protection against floods, may incur a

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bonded indebtedness upon its power producing canal and municipal waterworks, in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty percentum of the combined value of such properties; the valuation of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure five per cent. on which shall represent the net revenue per annum produced by the two such properties together at the time of said valuation, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of such city, at an election or elections for that purpose, to be held as may be now, or may hereafter, prescribed by law for the incurring of new debts by said the City Council of Augusta, so that said paragraph when amended shall read as follows: Proposed amendment to Constitution of the State, allowing an increase of Augusta's debt. PARAGRAPH 1. The debt hereafter incurred by any county, municipal corporation or political division of this State, except as in this Constitution provided for, shall not exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt, except for a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of taxable property therein, without the assent of two-thirds of the qualified voters thereof, at an election for that purpose, to be held as may be prescribed by law; but any city, the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this Constitution, may be authorized by law to increase, at any time, the amount of said debt, three per centum upon such assessed valuation; except that

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the City Council of Augusta, from time to time, as necessary, for the purpose of protection against floods, may incur a bonded indebtedness upon its power producing canal and municipal waterworks, in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty per centum of the combined value of such properties, the valuation of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure five per cent. on which shall represent the net revenue per annum produced by the two such properties together at the time of said valuation, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of such city, at an election or elections for that purpose to be held as may be now, or may be hereafter, prescribed by law for the incurring of new debts by said the City Council of Augusta. SEC. 2. Be it further enacted by the authority aforesaid, 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, and he is hereby authorized and instructed to 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. Publication. SEC. 3. Be it further enacted by the authority aforesaid, 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

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as provided for in the second Section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For amendment allowing City of Augusta to increase its bonded indebtedness for flood protection, and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words: Against amendment allowing City of Augusta to increase its bonded indebtedness for flood protection. Ratification. Ballots. SEC. 4. Be it further enacted by the authority aforesaid, That the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first Section of this Act to a vote of the people as required by the Constitution of this State in paragraph one of Section one of article thirteen, and by this Act, 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 election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. Proclamation. 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 16, 1909.

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TITLE IV. CODE AMENDMENTS. ACTS. Volume 1, Section 936, Arbitration of tax returns. Volume 1, Section 982, State depository in [Illegible Text]. Volume 1, Section 982, State depository in Colquitt. Volume 1, Section 982, State depository in Guyton. Volume 1, Section 982, State depository in Homerville. Volume 1, Section 982, State depository in Jasper. Volume 1, Section 982, State depository in Summerville. Volume 2, Section 2059, License tax of Fire Insurance Companies. Volume 3, Section 342, Weapons at public gatherings. TAX RETURNS, UMPIRE FOR ARBITRATION OF. No. 123. An Act to amend Section 936, Volume 1, of the Code of 1895, so as to provide for the appointment of an umpire when arbitrators selected by tax receivers and tax payers fail to agree on an umpire. SECTION 1. Be it enacted, That Section 936 of Volume 1 of the Code of 1895 be amended by adding in line seven in said Section between the word referred and and the following and if the arbitrators fail to agree on a valuation of the property, or fail to select an umpire, in thirty days after receiving notice of their appointment, this fact shall be reported to the ordinary or the chairman of the county commissioners, as the

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case may be, who shall forthwith appoint two arbitrators, who with the arbitrator appointed by the tax payer shall fix the value of the property, so that said Section when so amended shall read as follows: When the receiver shall receive his returns for the next succeeding year and the corrected returns made by the grand jury, it shall be his guide for that year and if the tax payer shall return his property below the valuation made by the grand jury, the receiver and tax payer each shall select an arbitrator and these two shall select an umpire to whom the question of valuation shall be referred, and if the arbitrators fail to agree on a valuation of the property, or fail to select an umpire, in thirty days after receiving notice of their appointment, this fact shall be reported to the Ordinary or the chairman of the county commissioners (as the case may be) who shall forthwith appoint two arbitrators, who with the arbitrator appointed by the tax payer shall fix the value of the property, and their award shall be returned to the receiver, and shall be entered by him as the valuation of said tax payer's property. Arbitration of tax returns, how made. SEC. 2. Be it enacted, That all acts and parts of Acts in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1909. CHIPLEY, STATE DEPOSITORY IN. No. 216. 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

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towns therein named as State depositories and the several acts of the General Assembly amendatory thereof, so as to add the town of Chipley in the county of Harris, Georgia, to the list of such cities and towns, 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 982 of Volume one 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 amendatory thereof be, and the same are, hereby amended so as to add the town of Chipley in the county of Harris, Georgia, to the list of cities and towns. 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, 1909. COLQUITT, STATE DEPOSITORY IN. No. 114. An Act to amend Section 982 of the Code of Georgia of 1895, and the several Acts amendatory thereof, providing for the selection by the Governor of banks in the cities and towns therein named as depositories so as to add the town of Colquitt, in the county of Miller, to the list of said cities and towns. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, That Section 982 of Volume 1 of the Code of Georgia

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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 Colquitt, in Miller county, Georgia, to the list of said towns. Colquitt, State depository in. 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 August 13, 1909. GUYTON, STATE DEPOSITORY IN. No. 220. 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 town of Guyton in Effingham county, Georgia, to the list 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 town of Guyton, in Effingham county, State of Georgia, to the list of such cities and towns. Guyton, State depository in.

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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, 1909. HOMERVILLE, STATE DEPOSITORY IN. No. 188. An Act to amend Section 982, of Volume 1, of the Code of Georgia, 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 Homerville in the county of Clinch, and State of Georgia, to the list 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 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 town of Homerville, in the county of Clinch, and State of Georgia, to the list of such cities and towns. Homerville, State depository 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 14, 1909.

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JASPER, STATE DEPOSITORY IN. No. 107. 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 town of Jasper in the county of Pickens 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 the 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 Jasper in Pickens county, Georgia, to the list of such cities and towns. Jasper, State depository [Illegible Text]. 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 13, 1909. SUMMERVILLE, STATE DEPOSITORY IN. No. 150. An Act to amend Section 982 of Volume one of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities and towns

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therein named as State depositories and the several Acts amendatory thereof, so as to add the town of Summerville in Chattooga 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 one 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 town of Summerville in the county of Chattooga, State of Georgia, to the list of such cities and towns. Summerville, State depository 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 14, 1909. LICENSE TAX OF FIRE INSURANCE COMPANIES. An Act to amend Section 2059 of Volume 2 of the Code of Georgia of 1895, fixing the fees to be charged by the Insurance Commissioner of the State for filing certified copy of charter of insurance companies, for examination of the annual statements and for certificates of authority or license to agents, so as to provide for the payment of a license tax of $200.00 by fire insurance companies, which shall be in lieu of the tax or

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fees prescribed in said Section, to provide for the payment of a portion thereof to the Insurance Commissioner, 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 2059 of Volume 2 of the Code of 1895 be amended by adding after the word Article in the twelfth line of said Section the following: Provided, however, that all fire insurance companies doing business in this State shall in lieu of such fees and charges, pay to the Insurance Commissioner one fee of $200.00, and upon paying such fee and having otherwise fully complied with the provisions of this Article, such fire insurance companies shall be entitled to receive from the Insurance Commissioner certificates of authority for itself, and its agents to transact business in this State. Of the sum so paid one-fifth thereof shall go to the Commissioner. So that Section 2059 of Volume 2 of the Code of 1895 when so amended shall read as follows: 2059. Company not complying, fees, etc. No person shall act as agent in this State of any insurance company of this or any other State or foreign government doing a business in any manner until said company has fully complied with the provisions of this Article, and received from the Insurance Commissioner certificates of authority for itself and its agents to transact business in this State. The fees of the Insurance Commissioner shall be as follows: For filing certified copy of charter, twenty dollars; for examination of annual statement, twenty dollars; and for certificates of authority or license to agents, three dollars each, one-fifth of which shall be paid to the Commissioner in full compensation for services

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in executing the provisions of this Article. Provided, however, that all fire insurance companies doing business in this State shall in lieu of such fees and charges, pay to the Insurance Commissioner one fee of $200.00, and upon paying such fee and having otherwise fully complied with the provisions of this Article, such fire insurance companies shall be entitled to receive from the Insurance Commissioner certificates of authority for itself, and its agents, to transact business in this State. Of the sum so paid one-fifth thereof shall go to the Commissioner. In addition to the payment of the above fees, each of said companies shall make a report to the Commissioner on the first day of May of each year, or within sixty days thereafter, under oath of the president or secretary thereof, showing the entire amount of premium receipts of every character and description (deducting return premiums on cancelled policies) of said companies in this State during the year or fractional part of a year ending the 30th day of April next preceding, whether said premiums were received in money or in notes, credits or any substitute for money, to be taxed as may be provided by law from time to time. License tax of fire insurance companies. 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 16, 1909.

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WEAPONS AT PUBLIC GATHERINGS PROHIBITED. No. 117. An Act to amend Section 342 of the Penal Code of Georgia by inserting after the word to and before the word a in the third line of said Section 342 the following words: or while at. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 342 of the Penal Code of Georgia be, and the same is, hereby amended by inserting in said Section 342 which provides for punishment for carrying deadly weapons, bowie knives, pistols, etc., to public gatherings or places of worship, after the word to and and before the word a in the third line of said Section the following words: or while at so that said Section will read as follows: Whoever shall carry about his person any dirk, bowie knife, pistol or revolver, or any kind of deadly weapon, to or while at a court of justice or an election ground or precinct, or any place of public worship, or any other public gathering in this State, except militia muster grounds, shall be punished as for a misdemeanor. This Section shall not apply to any sheriff, deputy sheriff, coroner, constable, marshal, policeman or other arresting officers or their posse acting in the discharge of their official duties. Carrving weapons at public gatherings prohibited. 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 13, 1909.

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TITLE V. SUPERIOR COURTS. ACTS. At'anta circuit, additional judge for. Waycross judicial circuit created. Superior courts in counties having six terms annually. Chatham superior court, terms of. Dodge superior court, terms of. Douglas superior court, terms of. Greene superior court, terms of. Hancock county transferred to Ocmulgee circuit. Liberty superior court, terms of. Montgomery superior court, terms of. Pickers superior court, terms of. Richmond superior court, terms of. Tattnall county transferred to Atlantic circuit. Toombs superior court, terms of. ATLANTA JUDICIAL CIRCUIT, ADDITIONAL JUDGE FOR. No. 134. An Act, to add an additional Judge of the Superior Court for the Atlanta circuit; to regulate the manner in which the judges of said Atlanta circuit shall dispose of the business thereof; to fix the time at which said additional judge shall begin his term, and to authorize the judges of said Atlanta circuit to formulate, promulgate, and enforce rules of procedure in said Circuit, 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 an additional judge of the Superior Court for the Atlanta circuit, as authorized under an amendment of the Constitution of this State, approved August 22nd, 1905, and duly ratified, is hereby provided for, and said additional judge shall be appointed by His Excellency, the Governor, for a term of office commencing on the date of his qualification under said appointment and continuing until the first day of January, 1911, and until his successor shall have been duly elected and qualified in the manner now provided by law for the election of judges of the Superior Court. Additional Judge for Atlanta Circuit, appointment of. SEC. 2. Be it further enacted by the authority aforesaid, That the successor of said additional judge of the Superior Court of the Atlanta circuit shall be elected in the manner now provided by law for the election of judges of the Superior Courts of this State at the general election for members of the General Assembly, to be held on the first Wednesday in October, 1910, for a term of four years, beginning on the first day of January, 1911, and until his successor shall have been elected and qualified. All future elections for such judge shall be for a term of four years, and shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the Superior Courts of said State. Election of successor. SEC. 3. Be it further enacted by the authority aforesaid, That the qualifications of such additional judge shall be the same as are now provided by law for all other Superior Court judges, and his compensation shall be the same as that of the present judges of the Superior

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Court of said Atlanta circuit, and all laws now of force relating to compensation of judges of the Superior Court of the Atlanta circuit shall apply to said additional judge; provided, that the salary of such judge or his successor, or successors, to be paid out of the State Treasury, shall not exceed the amount paid from that source to other judges of the Superior Courts of this State. But this proviso shall not affect the additional salary provided for by the Act approved July 31, 1906, and the Acts of which that Act was amendatory, which Acts relating to the salaries of judges of Superior Courts of circuits having therein a city with a population of not less than 34,000 inhabitants, according to the United States census of 1900, are made applicable to the judge provided for by this Act. Qualifications and compensation. SEC. 4. Be it further enacted by the authority aforesaid, That said additional judge of the Superior Court of said Atlanta Circuit shall have all the powers, jurisdiction, duties and dignity of the present judges of the Superior Court of the Atlanta circuit, and of all other judges of the Superior Court of said State. Powers, etc. SEC. 5. Be it further enacted by the authority aforesaid, That the provisions of the Act No. 1, page 60, Published Laws for the session of 1907 of the General Assembly, approved July 23rd, 1907, contained in Section 5 to 11 of said Act, both inclusive, are hereby re-enacted and continued of force and applied to the conditions which will exist when said Atlanta circuit shall have three judges of the Superior Court instead of two as now existing. Act No. 1, page 60, Laws of 1907 reenacted. SEC. 6. Be it further enacted by the authority aforesaid, That said judges of the Superior Court of the Atlanta

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circuit or a majority of them may adopt, promulgate and enforce such rules of practice and procedure relative to calling cases on the dockets of said court, making up trial calendars thereof, providing for publication of notice as to calendars and assignments of cases, and for the appointment of calendar clerks and deputies, and the calling of appearance dockets by the clerks instead of the judges and the publication thereof, and providing for the dismissal of cases for want of prosecution or failure of counsel by notice under said rules to bring forward to the trial calendar, and for the assignment of appeal and claim cases and special orders, and for checking cases pending other engagements, and providing for holding cases pending sickness of counsel and general rules and regulations for the efficient, prompt and convenient dispatch of the business of said court, as in their discretion may be necessary, judicious and proper, and may alter, modify and change said rules of practice and procedure in said circuit from time to time as may be necessary and proper. Rules of practice in Atlanta Circuit. SEC. 7. 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, 1909. WAYCROSS, JUDICIAL CIRCUIT CREATED. No. 207. An Act to divide the ten counties now constituting the Brunswick judicial circuit into two circuits so that said Brunswick circuit will be composed of only five

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counties and creating a new circuit to be called the Waycross judicial circuit to be composed of the other five counties, and to provide officers therefor and also a calendar for caid circuits, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after January 1st, 1910, the Brunswick judicial circuit shall be composed of the counties of Camden, Glynn, Wayne, Jeff Davis and Appling, and that from and after said date, a new judicial circuit of the Superior Courts of this State, to be called the Waycross judicial circuit, be, and the same is, hereby created and organized, comprising the counties of Pierce, Coffee, Charlton, Clinch and Ware. Brunswick and Waycross Circuits. SEC. 2. Be it further enacted by the authority aforesaid, That a judge of said Waycross circuit shall be appointed by the Governor to hold office until January 1, 1911, or until his successor is elected and qualified, and the present solicitor-general of the Brunswick circuit shall continue to serve both circuits as solicitor-general until January 1, 1911, or until his successor is elected and qualified, the successors of said judge and solicitor-general to be elected by the people at the next general State election to be held on the first Wednesday in October, 1910, and be qualified on January 1st, 1911, for the full term of four years, and succeeding judges and solicitors-general of said circuit to be elected regularly thereafter for succeeding terms of four years as required by the Constitution and laws of this State. Judge of Waycross Circuit, appointment of. Solicitor General of Brunswick Circuit. SEC. 3. Be it further enacted by the authority aforesaid, That from and after January 1st, 1910, the Superior Courts of the several counties comprising the said Brunswick and Waycross judicial circuits shall be held as follows:

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BRUNSWICK CIRCUIT. JEFF DAVIS.3d and 4th Mondays in February and 1st and 2d Mondays in September. APPLING.1st and 2d Mondays in March and 3d and 4th Mondays in September. Brunswick Circuit. CAMDEN.1st Monday in April and 3d Monday in October. WAYNE.3d and 4th Mondays in April and 1st and 2d Mondays in November. GLYNN.1st Monday in June and 3d Monday in December, and to continue in session so long as the public business may require. WAYCROSS CIRCUIT. COFFEE.3d and 4th Mondays in March and 1st and 2d Mondays in October. CHARLTON.2d Monday in April and 4th Monday in October. Waycross Circuit. CLINCH.1st Monday in May and 3d Monday in November. PIERCE.2d Monday in May and 4th Monday in November. WARE.3d and 4th Mondays in May and 1st and 2d Mondays in December. SEC. 4. Be it further enacted by the authority aforesaid, That all petitions, motions, mesne and final processes, summons and other proceedings issued and returnable or pending in the several counties composing said Waycross judicial circuit shall on and after January 1st, 1910, relate to and hold good in the courts of said circuit. Proceedings in Waycross Circuit.

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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 14, 1909. SUPERIOR COURTS IN COUNTIES HAVING SIX TERMS ANNUALLY. No. 190. An Act to amend the Act of September 21st, 1887, entitled An Act to fix the time for the adjournment of the Superior and city courts in the State of Georgia, as amended by an Act approved on December 21st, 1896, so that the same shall not apply to the Superior Court in any county wherein such Superior Court has as many as six terms per year; and to repeal conflicting laws. 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 Act of September 21, 1887, entitled An Act to fix the time for the adjournment of the Superior and city courts in the State of Georgia, as amended by an Act approved on December 21, 1896, entitled An Act to amend the Act of September 21, 1887, entitled An Act to fix the time for the adjournment of the Superior and city courts in the State of Georgia, so that the same shall not apply to any court having as many as six terms per year, be, and the same is, hereby amended by adding to said Act, as amended, the following words, to-wit: Nor to the Superior Court in any county wherein such Superior Court has as many as six terms per year,

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so that said Act when amended, shall read as follows: That from and after the passage of this Act it shall be the duty of the judges of the Superior and city courts in this State to adjourn the regular and adjourned terms of said courts, at least five days before the commencement of the next regular terms of said courts; provided, that this Act shall not apply to any city court now or hereafter organized under a special Act of the Legislature, and having as many as six terms per year, nor to the Superior Court in any county wherein such Superior Court has as many as six terms per year. Adjournment of City Courts and Superior Courts having six terms per year. 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, 1909. CHATHAM SUPERIOR COURT, TERMS OF. No. 101. An Act to amend an Act approved August 12th, 1904, entitled An Act to increase the number of terms of the Superior Court of Chatham county, Georgia, and for other purposes, so as to change the time of the commencement of the October term thereof. 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 one of the Act of the General Assembly approved on August 12th, 1904, be so amended that the time for the commencement of the October term of Chatham Superior Court shall be the third Monday in October of each year instead

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of the first Monday as provided in said Act, so that said Section when amended shall read, That from and after the passage of this Act the number of terms of Chatham Superior Court is hereby increased from three to four terms, so that hereafter the said terms shall commence and said Superior Court shall be held on the first Mondays in March, June and December, and on the third Monday in October of each year. Chatham Superior Court, terms of. 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, 1909. DODGE COUNTY, TERMS OF SUPERIOR COURT. No. 193. An Act to change the time of holding the Superior Court of Dodge county in the Oconee circuit, 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 time of holding the Superior Court of the county of Dodge in the Oconee circuit shall be changed from the first and second Monday in March and September of each year, to the third and fourth Monday in May and November of each year. Dodge Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all writs and processes, summons, subp[oelig]nas, bail bonds, true bills, and all other processes and proceedings of all kinds returnable to said court to the

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September term, 1909, shall be held and considered returnable to the terms herein fixed and prescribed, and that all jurors and witnesses drawn or summoned to attend the September term, 1909, of said court, shall be required to attend the November term, 1909, as fixed and prescribed 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, 1909. SUPERIOR COURT OF DOUGLAS COUNTY, TERMS OF, WHEN HELD. No. 24. An Act to change the time of holding the spring and fall terms of Douglas Superior Court from the first Monday in May and the third Monday in November each year to the third Monday in March and September of 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, 1910, the time of holding the spring term of Douglas Superior Court shall be changed from the first Monday in May to the third Monday in March, and the time of holding the fall term of said Superior Court shall be changed from the third Monday in November to the third Monday in September each year. Said terms to continue two weeks and longer if necessary in the discretion of the presiding judge. Douglas Superior Court, terms of.

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SEC. 2. Be it further enacted by the authority aforesaid, That all writs and processes of whatever character returnable to said court after the first day of January, 1910, shall be returnable to the terms as herein fixed. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this be, and the same are, hereby repealed. Approved August 6, 1909. SUPERIOR COURT OF GREENE COUNTY, TERMS OF, WHEN HELD. No. 44. An Act to change the time of holding the Superior Court of Greene county from the second Mondays in February and August to the fourth Mondays in January and July, to prescribe when this Act shall go into effect, 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, 1910, the time of holding the spring term of the Superior Court of Greene county shall be changed from the second Monday in February to the fourth Monday in January of each year; and the time of holding the fall term of said court shall be changed from the second Monday in August to the fourth Monday in July each year. Greene Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That said Superior Courts of said county of Greene

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shall continue in session at each of said terms thereof for the full period of two weeks, or so much of said period as shall be necessary to complete the business of said court. SEC. 3. Be it further enacted by the authority aforesaid, That all writs and processes, orders, summons, subp[oelig]nas, bail bonds, and all processes and proceedings of all kinds returnable to said court after the August term, 1909, of said court and prior to the first day of January, 1910, shall be held and considered returnable to the terms herein fixed and prescribed, and that all jurors and witnesses drawn or summoned to attend any term of said court after the August term, 1909, of said court, shall be required to attend the corresponding terms as fixed and prescribed by this Act. 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 9, 1909. HANCOCK COUNTY TRANSFERRED FROM NORTHERN TO OCMULGEE CIRCUIT. No. 4. An Act to rearrange the Ocmulgee and Northern judicial circuits by taking from the Northern circuit the county of Hancock and adding said county to the Ocmulgee circuit, 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 the county of Hancock shall become a part of the Ocmulgee judicial circuit, and shall cease to be a part of the Northern circuit. Provided, this Act does not affect the rights of the solicitor-general of the Northern circuit during the present term of office, and he is still authorized to discharge the duties of said office during said term as though this Act had not been passed. Hancock County, transferred to Ocmulgee Circuit. SEC. 2. Be it further enacted by the authority aforesaid, That times of holding the Superior Court of said county of Hancock shall be the same as that now fixed by law. 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 24, 1909. LIBERTY COUNTY, TERMS OF SUPERIOR COURT. No. 146. An Act to change the time of holding the fall term of the Superior Court of Liberty county in the Atlantic circuit, 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 time of holding the fall term of Liberty county Superior Court shall be changed from the third

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Monday in September to the fourth Monday in October of each year. Liberty Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all writs and processes, orders, summons, subp[oelig]nas, bail bonds and all processes and proceedings of any kind, returnable to what has heretofore been known as the September term of said court, are hereby made returnable to the October term of said court, as changed and fixed by this Act, and all jurors and witnesses, sworn or summoned to attend what has heretofore been known as the September term of said court as now fixed by law, shall be required to attend the October term 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, 1909. SUPERIOR COURT OF MONTGOMERY COUNTY, TERMS OF WHEN HELD. No. 52. An Act to provide for holding three terms a year of the Superior Court of Montgomery county, and to prescribe the time of holding 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 from and after the passage of this Act there shall be held in each year three terms

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of the Superior Court in and for the county of Montgomery, in the Oconee circuit. Montgomery Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That the terms of said Superior Court of Montgomery county shall be held on the third and fourth Mondays in March, the second and third Mondays in July and the first and second Mondays in November in each and every year. SEC. 3. Be it further enacted by the authority aforesaid, That all cases brought in the Superior Court of Montgomery county shall be made returnable to the term of said Superior Court beginning after twenty days have elapsed from the filing of the suit, and all cases shall be triable in accordance with the law now of force, or to hereafter become of force, in this State. SEC. 4. 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 10, 1909. SUPERIOR COURT OF PICKENS COUNTY, TERMS OF WHEN HELD. No. 18. An Act to change the time of holding the spring term of the Superior Court of Pickens county, of the Blue Ridge circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of

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the same, that from and after the passage of this Act, the time of holding the spring term of the Superior Court of the county of Pickens, in the Blue Ridge circuit, shall be changed from the fourth Monday in April, to the first Monday in April of each year. Pickens Superior Court, terms of, SEC. 2. Be it further enacted by the authority aforesaid, that all writs, processes, summonses, subp[oelig]nas, bail bonds and all other processes and proceedings, of all kinds, returnable to said Court shall be held and considered returnable to the term as herein fixed and prescribed 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 4, 1909. RICHMOND COUNTY, TERMS OF SUPERIOR COURT. No. 182. An Act to increase the number of terms of the Superior Court of Richmond County, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly, That from and after the passage of this Act, the number of terms of Richmond Superior Court is hereby increased from four to six, so that the said terms shall commence, and the said court shall be held on the third Mondays in January, March, May, July, September, and November of each year. Richmond Superior Court, terms of.

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SEC. 2. Be it likewise enacted, That all cases brought to the October term, 1909, which are not by law triable at that term, shall stand for trial at the January term, 1910, but, by consent of parties, such cases may be tried at the November term, 1909. Except as otherwise provided by law, all cases shall be triable at the second term as said terms exist under this Act. SEC. 3. Be it likewise enacted, That all laws in conflict with this Act, are hereby repealed. Approved August 14, 1909. TATTNALL COUNTY, TRANSFERRED FROM MIDDLE TO ATLANTIC CIRCUIT. No. 192. An Act providing for the detachment of the county of Tattnall from the Middle judicial circuit of the State of Georgia, and for the annexation of said county of Tattnall to the Atlantic judicial circuit of the State of 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 from and after the passage of this Act the county of Tattnall shall be and the same is hereby detached and removed from the Middle judicial circuit of the State of Georgia and the same shall be, and is hereby annexed and placed within the Atlantic judicial circuit of the State of Georgia. Tattnal County, transferred to Atlantic Circuit. SEC. 2. Be it further enacted by the authority aforesaid, That the judge of the Superior Court, the solicitor-general and the official court stenographer of the Middle

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judicial circuit of the State of Georgia, shall and they are hereby authorized to discharge their respective official duties in said county of Tattnall until January 1st, 1910. 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, 1909. SUPERIOR COURT OF TOOMBS COUNTY, TERMS OF. No. 59. An Act to provide for two weeks' session of the Superior Court of Toombs county, Georgia, for the drawing of traverse juries of said session, to validate the panels of traverse jurors already drawn for the August term, 1909, of said court, 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 time for holding of the fall term of the Superior Court of Toombs county shall be held to begin on the third Monday of August of each year, and remain in session for a period of two weeks, if necessary to dispose of the business pending in said court, and that the spring term of the Superior Court of said county shall begin on the third Monday in February in each year and remain in session for a period of two weeks, if necessary to dispose of business pending in said court. Toombs Superior Court, terms of.

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SEC. 2. Be it further enacted by the authority aforesaid, That separate traverse juries may be drawn by the court as now provided by law for each week of each session, and that the traverse juries which have been heretofore drawn in said court for the August term, 1909, thereof shall be deemed and held to be valid and lawful juries for all purposes, provided, that nothing in this Act shall prevent the presiding judge of said court from drawing one traverse jury for the two weeks' session of said court, or from having the jury drawn for the first week summoned to serve the second week of the session. SEC. 3. Be it further enacted, That all writs, processes, summonses, orders and other proceedings, heretofore or hereafter issued or made returnable to or pertaining to the August term, 1909, of said court shall be deemed and held returnable and pertaining to said August term, 1909, convening on the said third Monday in August, 1909. SEC. 4. 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 August 10, 1909.

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TITLE VI. MISCELLANEOUS. ACTS. Code of Georgia, revised by John L. Hopkins. Public printing of State, how let. Head-rights, laws authorizing grants repealed. Dental examiners, Board of, Act creating amended. Osteopathic examiners, Board of established. Board of Health, distribution of antitoxine, etc. Live stock, protection of against contagious diseases. Sanitation, regulated by certain counties. Municipal sanitariums for consumptives. Benevolent organizations, protection of names and emblems. State documents, exchange of, for those of other States. State Librarian, second assistant for. Corporation clerk, duties and compensation. Attorney General's stenographer, salary of. State Treasurer, ex-officio, bond commissioner. Insurance Companies, forfeiture of licenses. Supersedeas, in municipal and county courts. Laundrymen, liens in favor of. County lines within limits of municipalities, change of. Trading stamps, use of prohibited. County School Commissioners, election of. County police, election and maintenance of. Stock law fences legalized. Local taxation for schools. Railroads, liability of to employees. Common carriers passes to former employees. Electric Railroad Companies, control of like Companies. Free passes on street cars for municipal employees. Mutual Aid Insurance Companies, assets of, etc. Stenographers of judicial circuits, salaries of Ordinaries, compensation for services to Pensioners. Justices of the Peace, fees of in cities. Drainage in certain counties. Taxation for School buildings in certain counties. Constables, fees of in cities. Municipal farms for misdemeanor convicts. Defamation of a virtuous female penalized. Georgia Day, February 12, observance of by public Schools.

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CODE OF GEORGIA, REVISED BY JOHN L. HOPKINS. No. 221. An Act to create a Commission to examine and report upon a new Code of Georgia codified by John L. Hopkins, to prescribe the duties of said commission, and to fill vacancies therein, to provide for the expense and compensation of the commissioners, to prescribe the duties of the Governor in connection with said Code, to provide for compensation to said John L. Hopkins for the work, to make appropriations for the purposes 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 a commission consisting of five members is hereby created, to consist of three members of the present House, to be appointed by the Speaker, and two members of the Senate to be appointed by the President thereof; each of said commissioners shall receive as compensation, in addition to his actual expenses, the same per diem allowed to members of the General Assembly, for each day occupied in discharging his duties under this Act, and upon a presentation of a statement of his expenses and number of days so employed, the Governor is authorized to draw his warrant in favor of such commissioner upon the Treasurer for the amount necessary to pay the same. Vacancies occurring in said Commission shall be promptly filled by the Governor, from members of the Senate and House, according as the respective vacancies may occur. Appointment of Commission to examine Code of Georgia, revised by John L. Hopkins. SEC. 2. Be it further enacted, That it shall be the duty of said commission to carefully examine a new

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Code of Georgia codified and to be codified by John L. Hopkins, and upon being satisfied that said Code embraces all the law in the present three Volumes of the Code of 1895 not repealed and still of force together with all the Acts and amendments since enacted, including the Acts of the present session of the Assembly, properly arranged and with the Sections properly numbered, and all marginal references to Acts or decisions and cognate Sections which may be proper, and the Constitution of the United States and of the State of Georgia and all amendments thereto; the rules of the Supreme Court, the Court of Appeals and the Superior Court, with a complete index to said Code, the Commission shall so certify to the Governor, who shall thereupon draw his warrant upon the Treasurer in favor of John L. Hopkins for the sum of $6,500.00, which shall be compensation for all his services in making said Code and for the right to said work on the part of the State, and the Commission shall deliver the Code with its report to the Governor, to be submitted to the next session of the General Assembly. Report of Commission and payment for work. 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, 1909. PUBLIC PRINTING OF STATE, HOW LET. No. 126. An Act to amend an Act to prescribe the manner, terms and specifications for letting the public printing to the lowest bidder, in accordance with Article 7, Section

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17, Paragraph 1 of the Constitution, and for other purposes, approved August 23, 1879, so as to provide for the letting of all the public printing for the State of 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 authority of the same, that Section 1 of said Act be amended by striking the word twenty, between the words than and thousand, in the fifth line of said Section, and inserting in lieu thereof the word fifty, so that said Section shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, That the office of public printer shall expire with the term of the present incumbent, and the public printing shall be let to the lowest responsible bidder or bidders, who shall give adequate and satisfactory security in a sum not less than fifty thousand dollars for the faithful performance of the contract, and no member of the General Assembly, or other public officer, shall be interested, either directly or indirectly, in any such contract, provided that no publications of any Volume of the Laws or Journals shall be paid for until the same or proof of the same shall have been approved by the Secretary of State. Public printing, how let. SEC. 2. Be it further enacted, That Section 3 of said Act be amended by inserting the word all between the words do and the in the fifth line of said Section, and by striking all of said Section after the word following, in the seventh line of said Section, and by inserting in lieu thereof the following: All the public printing for the State of Georgia, including all the printed matter used by the various Departments of the

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State or any branches thereof, will be awarded to the lowest and best bidder whose bid is filed in compliance with law; provided, it shall appear to the commissioners of public printing that such bidder has the capacity and ability to perform such contract in such a way as will promote the best interests of the State, and secure the cheapest and most efficient performance of said contract, so that said Section as amended, will read as follows: Section 3. Be it further enacted, That said Commissioners, on or by the first week in June, 1880, and every two years thereafter, shall give notice by advertisement in one of the newspapers published in each of the Congressional Districts of this State, that sealed proposals to do all the public printing for the State will be received by them at the office of the Secretary of State, in Atlanta, for thirty days. That on the first Tuesday of the August following, all the public printing for the State of Georgia, including all the printed matter used by the various Departments of State or any branches thereof, will be awarded to the lowest and best bidder whose bid is filed in compliance with law; provided, it shall appear to the commissioners of public printing that such bidder has the capacity and ability to perform such contract in such a way as will promote the best interests of the State, and secure the cheapest and most competent and efficient performance of said contract. Advertisement for bids. SEC. 3. Be it further enacted, That said Act be further amended, by inserting a new and distinct Section, to be known as Section 7, in words and language as follows:

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Section 7. Be it further enacted, That it shall be unlawful for any person awarded the contract for doing all the public printing for the State of Georgia, as herein provided, to transfer or assign said contract. Assignment of Contract. SEC. 4. Be it further enacted, That said Act be further amended, by inserting a new and distinct Section, to be known as Section 8, in words and language as follows: Section 8. Be it further enacted, That when the public printing is awarded as herein provided, the various Departments of State, and all branches thereof, shall through their proper officers make requisition upon the Commissioners of Public Printing for all printed matter needed in their various departments, and upon receipt of such requisitions the Commissioners of Public Printing shall supply said Departments with such printed matter as they may need, from time to time. Printing for Departments. 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 13, 1909. HEAD-RIGHTS, LAWS AUTHORIZING GRANTS REPEALED. No. 118. An Act to repeal all laws now of force in this State authorizing the issue of grants to land under Headrights, and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, SECTION 1. That from and after the passage of this Act, all laws of this State authorizing the issue of grants to land in the State of Georgia under Head-rights be, and the same are, hereby repealed. Provided, the terms of this Act shall not apply to or affect any head-right warrant, application for which is now pending. Head-rights laws authorizing grants 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 13, 1909. DENTAL EXAMINERS, BOARD OF, ACT CREATING AMENDED. No. 120. An Act to amend an Act entitled An Act to establish a Board of Dental Examiners, prescribe its powers and duties and to regulate dentistry, and the practice thereof, and to repeal existing laws regulating the same, and for other purposes, approved December 15, 1897, by changing said Act so as to provide for the selection of four dentists of the Dental Society for recommendation to the Governor for appointment to the Dental Board of Examiners of Georgia; by changing the place and time of meeting of said Board of Dental Examiners and provide that the same shall meet in the city of Atlanta; by changing said Act by providing that no one except graduates from a reputable

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dental school shall be entitled to an examination for license to practice dentistry; by providing that the Board of Dental Examiners shall have authority to employ and pay counsel to prosecute any violation of dental laws of the State; by providing for the payment of expenses of a member of the Board to the annual meeting of the National Association of Dental Examiners, and to pay the annual membership fee in said Association; to better define the practice of dentistry and to regulate the practice 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 Section 2 of the Act establishing a Board of Dental Examiners of Georgia, approved December 15th, 1897, referred to in the foregoing caption be, and the same is, hereby amended as follows: By striking from said Section the words, to-wit: names, two members of such society and two non-members, which said words follow immediately after the words said Dental Society, at its annual meeting shall select four, and before the word who, and inserting in lieu of the stricken words the word dentists, so that said Section 2 when amended shall read as follows: Dental Examiners of Georgia, Board of created. Sec. 2. Be it further enacted, That a Board of Examiners is hereby created to be known as the Board of Dental Examiners of Georgia. The members of the Board shall be appointed by the Governor of Georgia upon the recommendation of the Georgia State Dental Society, as follows, to-wit: Appointment of members. The State Dental Society shall nominate, at its first annual meeting after the passage of this Act, ten reputable

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practicing dentists, who have been in the practice of dentistry in this State for five years or over at the time of their appointment, five of whom shall be members of the State Dental Society of this State, and five non-members. From such names the Governor shall appoint five persons who shall compose the Board of Dental Examiners of Georgia, and hold their terms for one, two, three, four and five years, according to their appointment and commission, and every year thereafter said Dental Society, at its annual meeting, shall select four dentists who shall have the same qualifications as hereinbefore provided for the members previously elected, from which number the Governor shall appoint one person to be a member of said Board who shall hold his office for a term of five years; provided, that nothing in this Act shall interfere with the members of the present Board serving in office to the end of the period for which they were elected, and said members, to-wit: J. H. Coyle, of Thomasville, Ga.; A. G. Bouton, of Savannah, Ga.; B. H. Catching, of Atlanta, Ga.; H. H. Johnson, of Macon, Ga.; and D. D. Atkinson, of Brunswick, Ga., until the expiration of their said term, to-wit: at the annual meeting of the Georgia State Dental Society for the year 1898; and until their successors are appointed and qualified, be, and they are, hereby made members of said Board. In case of vacancy in said Board, such vacancy shall be filled by appointment of the Governor upon the recommendation of the president of the Georgia State Dental Society. SEC. 2. Be it further enacted by the authority aforesaid, That Section 3 of said Act be amended as follows: By striking the following words of said Section, to-wit: to meet immediately after the close of the commencement

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of each dental college in this State in the place where such college may be located, which said words occur in said Section after the word treasurer, and before the words and also to meet, and inserting in lieu of said stricken words the following words: to meet in the city of Atlanta, Georgia, immediately after the close of the term of the majority of the dental colleges of the State, so that said Section 3 when amended shall read as follows: Sec. 3. Be it further enacted, That it shall be the power and duty of said Board to organize by the election of one of its members president and another secretary and treasurer; to meet in the city of Atlanta, Georgia, immediately after the close of the term of the majority of the dental colleges of the State, and also to meet annually regularly at the time and place of the regular meeting of the Georgia State Dental Society, and to hold such meetings in any county in this State as often as the business and duties of the Board may require, the calls for such meetings to be made by not less than three members of said Board, and a written notice of the time and place and object of said called meeting to be mailed by the secretary and treasurer of said Board to all members thereof not parties to the call, at least fifteen days before the day of meeting; to examine all applicants for licenses to practice dentistry who are entitled under this Act to be examined, and to issue licenses to practice dentistry according to the provisions of this Act; to collect and apply all fees as directed by this Act; to keep a book showing the names of all persons to whom licenses have been granted by said Board to practice dentistry, and such other books as may be necessary to plainly show all the Acts and

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doings of said Board; to have and use a seal bearing the name Board of Dental Examiners of Georgia. Organization and meetings of Board, etc. SEC. 3. Be it further enacted, That Section 6 of said Act be amended as follows: By striking the following clause from said Section, to-wit: or furnish satisfactory evidence of having been licensed after examination by any other State Board, so that said Section 6 when amended shall read as follows: Section 6. Be it further enacted, That said Board shall examine all applicants furnishing satisfactory evidence of having graduated from a school of dentistry whose term and curriculum is equal to that of a majority of schools of dentistry of the United States, and if such applicant pass a satisfactory examination, a license to practice dentistry shall be granted to the applicant. Examination of applicants for license to practice. SEC. 4. Be it further enacted, That Section 10 of said Act be amended as follows by inserting in said Section between the sentence ending with the words cases, and between the sentence beginning with the word said, the following sentence, to-wit: In order to command the highest efficiency in its working capacity, said Board may from the funds collected to pay the expenses of one of its members to the annual meeting of the National Association of Dental Examiners, and also to pay the annual membership dues to said Association. So that said Section 10 when amended shall read as follows: Section 10. Be it further enacted, That in order to provide the means for carrying out and maintaining the provisions of this Act, the said Board of Examiners may charge in advance each person applying to or appearing before it for each entire examination for license

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to practice dentistry, a fee of ten dollars ($10.00), which in no case shall be refunded to the applicant. Out of the funds coming into the possession of the Board when so collected the members of the Board may receive as compensation the sum of four dollars ($4.00) each for each day actually engaged in the duties of their office, and all necessary expenses incurred in attending the meetings of the Board or in prosecuting cases. In order to command the highest efficiency in its working capacity, said Board may from the funds collected pay the expenses of one of its members to the annual meeting of the National Association of Dental Examiners, and also pay the annual membership dues to said Association. Said expenses shall be paid from the fees received by the Board under the provisions of this Act, and no part of the salary or other expenses of said Board shall ever be paid out of the State treasury. All money received in excess of said expenses above provided for shall be held by the secretary of the board as a special fund for meeting the expenses of said Board, he giving such bonds as the Board shall from time to time direct, and receive such compensation as the Board shall prescribe. The said Board shall make an annual report of its proceedings to the Georgia State Dental Society, together with all monies received and disbursed by the said Board pursuant to this Act; provided, that should an amount exceed three hundred dollars be at any time accumulated over and above the legitimate expenses of the Board, all monies in excess of this amount shall be paid into the common school fund of the State. Expenses [Illegible Text] Board, how paid. SEC. 5. Be it further enacted, That Section 15 of said Act shall be amended as follows: by inserting and adding to said Section 15 after the word thereof and

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before the word provided, the following: who shall fill, or crown a human tooth or teeth, or by any method supply any substitute to take the place of a lost tooth or teeth, or do any operation whatsoever on a human tooth or teeth, gums, or jaw, or who shall make an examination of a human tooth or teeth, gums, or jaw, or take an impression thereof, for the purpose of treating or operating upon the same, or who shall by any means whatsoever make it known or imply that he will do such operations, and such act or acts as mentioned above, shall constitute prima facie evidence of the pactice of dentistry; and by adding at the end of said Section 15 the following sentence: Said Board of Dental Examiners is hereby empowered when in its judgment it is necessary to carry out the provisions of this Act and enforce the same by prosecution or otherwise to employ and pay counsel out of the funds collected by said Board from examination fees, and said Board is hereby empowered to so employ and pay counsel to prosecute any and all violations of the provisions of the dental laws of this State, so that Section 15 when amended shall read as follows: Section 15. Be it further enacted, That all persons shall be held to be practicing dentistry within the meaning of this Act who shall charge a fee or salary or other reward to be paid either to him or to another person for operations or parts of operations of any kind in the treatment of disease or lesions of the human teeth or jaws or extract teeth or in correction of the malposition thereof or who shall fill or crown a human tooth or teeth, or by any method supply any substitute to take the place of a lost tooth or teeth, or do any operation whatsoever on a human tooth or teeth, gums, or jaw, or who shall

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make an examination of a human tooth or teeth, gums, or jaws, or take an impression thereof, for the purpose of treating or operating upon the same, or who shall by any means whatsoever make it known or imply that he will do such operations; and such act or acts as mentioned above shall constitute prima facie evidence of the practice of dentistry; provided, that nothing in this Act shall apply to regular licensed physicians in extracting teeth and charging a fee therefor, or performing surgical operations. Said Board of Dental Examiners is hereby empowered when in its judgment it is necessary to carry out the provisions of this Act and enforce the same by prosecution or otherwise to employ and pay counsel out of the funds collected by said Board for examination fees, and said Board is hereby empowered to so employ and pay counsel to prosecute any and all violations of the provisions of the dental laws of this State. Dentistry, practice 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 13, 1909. OSTEOPATHIC EXAMINERS, BOARD OF ESTABLISHED. No. 229. An Act to establish a Board of Osteopathic Examiners for the State of Georgia; to define its duties and powers; to regulate the practice of Osteopathy and to provide for issuing and recording licenses of Osteopaths in this State; to prescribe penalties for the violation of this Act, 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 within thirty days after the passage of this Act it shall be the duty of the Governor to appoint for this State a Board of Osteopathic Examiners of five members. Said Board shall be appointed from a list of ten practitioners, who are eligible as hereinafter provided for appointment upon said Board, which shall be furnished the Governor by the president and secretary of the Georgia Osteopathic Association. Such a list shall be transmitted annually to the Governor under the seal and signed by the president and secretary of said Association, from which list the Governor shall make further appointments to said Board. In case of failure of said Association to submit said list, the Governor shall appoint members in good standing of said Association without restriction; provided, however, that said members shall be qualified as hereinafter required by graduation and practice. Within thirty days after the Governor shall have notified the several members of their appointment each member shall forward to the Governor the following oath: I do swear that I will faithfully perform the duties of a member of the Board of Osteopathic Exaniners for the State of Georgia to the best of my ability, so help me God, which when filed in the office of the Governor of the State, he shall issue to each examiner a certificate of appointment. Osteopathic Examiners, Board of, how appointed. Oath of Examiners. SEC. 2. Be it further enacted, That each member of said Board shall be a practitioner of good moral and professional character, and a graduate of a legally incorporated and reputable college of osteopathy and shall have been licensed to practice osteopathy under the laws of this State, excepting in the case of the first

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appointments on said Board, which shall be appointed as provided in Section 1 of this Act. Each member of said Board shall have been engaged in the practice of osteopathy in this State for a period of at least three years, and no member of said Board shall be in any manner financially interested in or connected with the faculty or management of any osteopathic school or college. Qualifications of Examiners. SEC. 3. Be it further enacted, That the term of office of the members of said Board of Osteopathic Examiners shall be for a term of three years; provided, that two members shall be appointed for one year, two for two years, and one for three years; and subsequently each appointment shall be for the full term of three years. Any vacancy that may occur for any cause shall be filled for the unexpired term by the Governor. Terms of office. SEC. 4. Be it further enacted, That said Board shall, at the first meeting after its appointment, organize by electing a president, vice-president, and secretary-treasurer, who shall hold their offices until their successors are elected and qualified. The secretary-treasurer shall give bond with security in such sum as the Board may determine. And the Board may prescribe rules, regulations and by-laws for its proceedings and government. There shall be at least one regular meeting of the Board every year, and this meeting shall be on the first Tuesday in July of each year, provided there are applicants for examination. Special meetings may be held upon the call of the president and two other members. A majority of the Board shall constitute a quorum. The Board shall keep a record of its proceedings and a register of all applicants for license, giving the name and location of the institution granting the applicant the

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degree of doctor of diplomate in osteopathy, the date of his diploma and also whether the applicant was rejected or granted a license and the number of license granted. The record and register shall be prima facie evidence of all matters recorded therein. Organization and meetings of Board, etc. SEC. 5. Be it further enacted, That all fees provided for in this Act shall be paid in advance to the treasurer of the Board to be held as a fund for the use of said Board. No funds shall be paid out except on a warrant signed by the president and secretary of the Board, and no expense shall be created in excess of the fees and fines as herein provided, but such funds shall be applied by the Board to the payment of its expenses and to making a reasonable compensation to the members thereof. Fees and Expenses of Board. SEC. 6. Be it further enacted, That any person who is engaged in the practice of osteopathy in this State on the first day of May, 1909, may deliver to the secretary of the Board of Osteopathic Examiners, within sixty days after the approval of this Act, a written application for a license to practice osteopathy, together with satisfactory proof that the applicatn is not less than twenty-one years of age, is of good moral character and has obtained a diploma from some legally incorporated and reputable school of osteopathy requiring a course of study of at least four terms of five months each for graduation, and upon the payment of a fee of ten dollars, the secretary of said Board shall issue to such applicant a license to practice osteopathy in this State, which license shall have like effect for all purposes as a license issued after examination by the Board of Examiners as herein provided. Every license issued by this Board shall be signed by each member of

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the Board of Examiners and shall have affixed to it by the person authorized to affix the same the seal of the State Board of Osteopathic Examiners. License to practice Osteopathy. SEC. 7. Be it further enacted, That any person desiring to enter upon the practice of osteopathy in this State from and after the approval of this Act, shall make a written application to said Board for a license to practice osteopathy in this State, accompanied by a fee of ten dollars, together with satisfactory proof that the applicant is at least twenty-one years of age, is of good moral character and has obtained a diploma from some legally incorporated and reputable school of osteopathy requiring a course of study of at least three terms of nine months each in separate years. Provided, That anyone who has been in the parctice of osteopathy in some other State for a period of three years, prior to the approval of this Act, and who is a graduate from a legally incorporated and reputable college of osteopathy providing a course of study of at least four terms of five months each, shall be eligible for examination upon all other terms and conditions provided for applicants for examination under the provisions of this Act. Examination of applicants for license to practice. Upon complying with these conditions, the State Board of Examiners if satisfied with the same, shall admit said applicant to examination before them, which examination shall include the subjects of anatomy, physiology, chemistry, toxicology, pathology, diagnosis, hygiene, obstetrics, gynecology, surgery, medical jurisprudence, principles of osteopathy, and such other subjects as the Board may require. If the examination is satisfactory to the committee, and the applicant shall have made an average of seventy-five per centum on his examination on all subjects examined upon, with not less than

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sixty per centum in any one subject, the Board shall then grant said applicant a certificate to practice osteopathy in this State, which certificate is a license to practice osteopathy in this State when it shall have been recorded by the Clerk of the Superior Court of the county in which he proposes to practice, for which he shall pay the same fee as in recording a deed. In case the applicant fails to pass a satisfactory examination he may at any subsequent meeting of the Board, within two years, have the privilege of a second examination without the payment of additional fee; provided, that when, in the opinion of the president of the Board, any applicant has been prevented by any good cause from appearing before said Board, the president shall name a committee from the Board, who shall examine such applicant, and may if satisfactory, grant him a certificate to practice until the next regular meeting of the Board, when if the applicant fails to appear for examination, said certificate shall be void. SEC. 8. Be it further enacted, That the license provided for in this Act shall authorize the holder to practice osteopathy as taught and practiced in the legally incorporated and reputable colleges of osteopathy as provided for in this Act. License. SEC. 9. Be it further enacted, That osteopathic physicians shall observe and be subject to all State and municipal regulations relating to the control of contagious diseases, the reporting and certifying of births and deaths, and all matters pertaining to public health, the same as physicians of other schools, and such reports shall be accepted by the officers or department to whom the same are made. State and Municipal regulations.

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SEC. 10. Be it further enacted, That the Board may refuse to grant a certificate to any person convicted of a felony, or of gross unprofessional conduct, or who is addicted to any vice to such a degree as to render him unfit to practice osteopathy, and may, after due notice and hearing revoke such certificate for like cause. Revocation of license. SEC. 11. Be it further enacted, That any person who shall practice, or pretend to practice, or use the science or system of osteopathy in treating diseases of the human body, by fraud or misrepresentation; or any person who shall buy, sell, or fraudulently obtain any diploma, license record or registration to practice osteopathy, illegally obtained, or signed or issued unlawfully or under fraudulent representations; or who shall use any of the forms, or letters, Osteopathy, Osteopath, Osteopathist, Diplomate in Osteopathy, D. O., D. Sc. O., Osteopathic Physician, Doctor of Osteopathy, or any other title or letters, either alone or with other qualifying words or phrases, under such circumstances as to induce the belief that the person who uses such term or terms is engaged in the practice of osteopathy, without having complied with the provisions of this Act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished as for a misdemeanor. Fraudulently practicing prohibited. 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, 1909.

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BOARD OF HEALTH, DISTRIBUTION OF ANTITOXINE, ETC. No. 154. An Act to provide for the shipping and keeping with the Ordinaries in the counties of this State by the State Board of Health, diphtheria antitoxine and provide for the distribution of the same, and to provide further how the funds derived therefrom shall be disposed of, and for other purposes. SECTION 1. Be it enacted by the State of Georgia, and it is hereby enacted by authority of the same, That the State Board of Health shall ship and keep with the Ordinaries of the Counties in this State, a reasonable supply of diphtheria antitoxine for the purpose of supplying the needs of the physicians in each county of this State, for charitable purposes only, and shall keep the proper dates on all packages so shipped, and the Ordinaries of the counties are hereby authorized and directed to turn over to the authority of all charity and city hospitals of each county in this State, as demands are made by them, for the treatment of diphtheria in said hospitals, for such amount as they may need. Diphtheria antitoxine, distribution of. SEC. 2. Be it further enacted by the authority aforesaid, That the said Ordinaries of each county in this State, while being required to furnish antitoxine for charitable purposes only, are authorized to furnish antitoxine to purchasers of same, who are unable to purchase antitoxine from the registered pharmacists in their county at a price at the regular retail price, at which said dealers usually sell first-class antitoxine, as conforms to the United States Pharmacop[oelig]a requirements. Sale of antitoxine by ordinaries.

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SEC. 3. The revenue derived from the sale of said antitoxine, with the exception of ten per cent., which may be duducted by the Ordinaries for their expenses, shall be returned to the Georgia State Board of Health, to be used in the manufacture of said antitoxine. Proceeds of sales. 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, 1909. LIVE STOCK, PROTECTION OF AGAINST CONTAGIOUS DISEASES. No. 237. An Act to protect the live stock of the State of Georgia from all contagious or infectious diseases; to authorize and empower the Commissioner of Agriculture to establish, maintain and enforce quarantine lines, and make such rules and regulations as he may deem necessary for carrying into effect the provisions of this Act; to prohibit the movement of diseased or infected live stock within said State, to provide a penalty for violation of this Act by any person, company or 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 from and after the passage of this Act the Commissioner of Agriculture of Georgia shall have full power to make or enact such rules and regulations as he may deem necessary for governing the movement, transportation or disposition of live stock that may be quarantined on account of being infected or

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affected with a contagious or communicable disease, or the cause of the same, the tendency of which is to cause the death of such live stock. Contagious diseases of live stock, rules relative to. SEC. 2. Be it further enacted by the authority aforesaid, that the State Veterinarian or any duly authorized Live Stock Inspector, acting under the authority of the Commissioner of Agriculture, is authorized and required to quarantine any stall, lot, yard, pasture, field, farm, town, city militia district, county, or any part or the whole of the State of Georgia, when he shall determine the fact that live stock in such place or places are affected or infected with a contagious disease, or the cause of same. The State Veterinarian or Live Stock Inspector shall give written or printed notice of the establishment of said quarantine to the owners or keepers of said live stock, and to the proper officers of railroad, steamboat or other transportation companies doing business in or through the quarantined part or parts of the State. Quarantine of live stock. SEC. 3. Be it further enacted by the authority aforesaid, That no railroad company, or the owners or masters of any steam or other vessel or boat, shall receive for transportation, or shall transport live stock from any quarantined part to any other part of Georgia, except as hereinafter provided. No person, company, or corporation shall deliver live stock for transportation to any railroad company or vessel, or boat in a quarantined part of Georgia, except as hereinafter provided. No person, company or corporation shall drive, or cause to be driven, or permit to go astray, any live stock from a quarantined part to a non-quarantined part of Georgia, except as hereinafter provided. Removal of stock to or from quarantine.

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SEC. 4. Be it further enacted by the authority aforesaid, That live stock may be moved within the limits of a quarantined area, or from a quarantined part of Georgia, only under and in compliance with the rules and regulations of the Commissioner of Agriculture. It shall be lawful to move or allow to be moved, any live stock within a quarantine area, or from a quarantined to a non-quarantined part of Georgia, in any other manner or method, or under any conditions other than those prescribed by the rules and regulations of the Commissioner of Agriculture. Rules relative to removal. SEC. 5. Be it further enacted by the authority aforesaid, That owners, renters, or parties in possession of quarantined live stock or quarantined places, shall follow the directions in the rules of the Commissioner of Agriculture in disinfecting diseased or infected live stock, or infected quarantined places, and in destroying the cause or causes of a contagious or infectious disease. Disinfection. Said disinfection of said live stock or quarantined places shall be done by the owners or parties in possession of such live stock and places within a reasonable time after receiving a written or printed notice from the Commissioner of Agriculture, as State Veterinarian. SEC. 6. Be it further enacted by the authority aforesaid, That the State Veterinarian, or any duly authorized Live Stock Inspector, is hereby authorized or empowered to enter upon the premises or into any barn or other building where live stock are temporarily or permanently kept in the State of Georgia, in the discharge of the duties prescribed in this Act. Any person or persons who forcibly resist, oppose, assault, prevent, impede or interfere with the State Veterinarian or any duly authorized Live Stock Inspector in the execution

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of his or their duties, or on account of the execution of such duty, on conviction shall be punished as for a misdemeanor. Inspections authorized. SEC. 7. Be it further enacted by the authority aforesaid, That the work of cattle tick eradication, or the suppression or eradication of any contagious or infectious diseases of animals, shall be taken up under this Act in any county or part of a county, or in any part or the whole of the State of Georgia, when the Commissioner of Agriculture may deem wise and best and shall issue notice to that effect. The County Commissioners of any county in which the State or Federal authorities take up the work of tick eradication, or the suppression of any contagious or infectious disease of live stock, may appropriate for aiding in said work, such sum as the County Commissioners or Board of Roads and Revenues may deem adequate and necessary. Suppression of disease and eradication of cattle ticks. SEC. 8. Be it further enacted by the authority aforesaid, That in order to enforce and carry out the provisions of this Act, the sum of five thousand dollars annually, or so much thereof as may be necessary, is hereby appropriated out of any funds in the treasury not otherwise appropriated; and considering an emergency exists, this appropriation shall become available within thirty days after the passage of this Act and signature by the Governor. Appropriation for work. SEC. 9. Be it further enacted by the authority aforesaid, That the Commissioner of Agriculture may appoint or commission Federal Veterinarian or Live Stock Inspector who may be doing work in Georgia, as State Live Stock Inspectors; provided, they act without pay from the State of Georgia. Appointment of veterinarian or live stock inspector.

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SEC. 10. Be it further enacted by the authority aforesaid, that any person or persons, company or corporation, who shall violate any quarantine provision set forth in this Act, or rules or regulations duly established by the Commissioner of Agriculture of Georgia, shall be deemed guilty of, and upon conviction shall be punished as for a misdemeanor. Violation of quarantine or rules penalized. 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 16, 1909. SANITATION, REGULATED BY CERTAIN COUNTIES. No. 225. An Act to delegate to counties having therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants full power and authority over sanitation within their limits outside of the corporate limits of the municipality, to provide for the enforcement of such regulations as they may make and for the punishment for violations of such regulations, 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 commissioners of the several counties of this State, having therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants, shall have full power and authority within the respective limits thereof but without the corporate limits of any incorporated

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city or town, to adopt, establish, maintain, change, alter, substitute, abolish, repeal and enforce all such rules and regulations as they may from time to time, in their discretion, deem necessary for the sanitation of said counties, or for the sanitation of the inhabitants thereof; provided such rules and regulations, before their promulgation, shall have been approved in writing by three reputable physicians who reside in the county. Sanitation, rules for, by county authorities. SEC. 2. Be it further enacted by the authority aforesaid, That such rules and regulations shall be promulgated by advertising the same once a week for four weeks in the newspaper in which the advertisements by the sheriff of said county are published. Advertisement of rules. SEC. 3. Be it further enacted by the authority aforesaid, That any person convicted in any State court of competent jurisdiction of a violation of any regulation promulgated as aforesaid, shall be punished by a fine not to exceed one hundred dollars, or by imprisonment and labor at some public work where a chaingang is not employed, not to exceed ninety days by either or both of such punishments, in the discretion of the court. All sums for fines, forfeitures or otherwise paid to any officer or court by any person charged or convicted hereunder shall be paid into the county treasury to the credit of the sanitation account of said county. Violation of rules punishable. SEC. 4. Be it further enacted by the authority aforesaid, That for effectually carrying out such rules and regulations, said county authorities may employ such officers, agents or employees, and incur such expenses as they may deem necessary, which salaries, compensation

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and expenses shall be paid out of the county treasury as are other county expenses. Enforcement of rules. 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 14, 1909. MUNICIPAL SANITARIUMS FOR CONSUMPTIVES. No. 245. An Act to authorize the municipal authorities of any city in Georgia that has a population of not less than fifty-four thousand nor more than seventy-five thousand inhabitants, to establish and maintain, either alone or in connection with the county authorities of the county in which such a city may be located, a sanitarium for the care, treatment and maintenance of inhabitants of such county afflicted with tuberculosis or consumption; to authorize the making of rules and regulations touching such sanitarium and the care, custody and treatment of persons sent there, to authorize the election of a board of trustees for such a sanitarium, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted, That authority is hereby given to the municipal authorities of any city in Georgia which has a population of not less than fifty-four thousand, nor more than seventy-five thousand inhabitants, to establish and maintain, either alone or in connection with the county authorities of the county in which such a city may be located, a sanitarium for the

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care, treatment and maintenance of the inhabitants of such county affected with tuberculosis or consumption. Such sanitarium may be established and maintained anywhere within the limits of said county. Sanitariums for persons affected with tuberculosis. SEC. 2. Be it further enacted, That the said municipal authorities, if acting alone, or in connection with the county authorities, if acting in connection with them, are further authorized to make rules, regulations and orders touching the government of such sanitarium and the care, custody, and treatment of persons sent there. Rules for their government. SEC. 3. Be it further enacted, That the said authorities may establish two departments in said sanitarium, one for the treatment of indigent patients who shall be received 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 price as said authorities shall, from time to time, prescribe. Free and pay departments. SEC. 4. Be it further enacted, That said authorities are hereby authorized to incur and pay out of the public treasury the expenses necessarily incident to the proper conduct of such an institution, and they are hereby given full authority to employ such physicians, surgeons, assistants, nurses, and other employees as may be necessary for the successful conduct of the same. Expenses, how paid. SEC. 5. Be it further enacted, That the said authority shall have the right to create a board of trustees of such number as they may deem best, to whom they may delegate the active management of such institution and the making of the rules, regulations and orders provided for in the second Section hereof, subject to the approval

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of such authorities; provided, such trustees shall serve without compensation. Trustees. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 16, 1909. BENEVOLENT ORGANIZATIONS, PROTECTION OF NAMES AND EMBLEMS. No. 276. An Act to preserve to benevolent, fraternal, social, humane or charitable organizations, which are not organized for individual pecuniary gain, the right to the exclusive use of the names adopted and used by them, whether incorporated or not; to protect such organizations in the use of their names and emblems, and prevent the infringement and unauthorized use 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, no person or organization shall assume, use or adopt, or become incorporated under, or continue to use the name and style or emblems of any benevolent, fraternal, social, humane, or charitable organization previously existing in this State, and which has been incorporated under the laws of this or any other State, or of the United States, or a name and style or emblem so nearly resembling the name and style of such incorporated organization as to be a colorable imitation thereof. In all cases where two or more of such societies, associations or corporations claim the right to the

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same name, or to names substantially similar as above provided, the organization which was first organized and used the name, and first became incorporated under the laws of the United States, or of any State of the Union, whether incorporated in this State or not, shall be entitled in this State to the prior and exclusive use of such name and the rights of such societies, association or corporations, and of their individual members shall be fixed and determined accordingly. Name and style or emblems of fraternal organizations protected against imitations. SEC. 2. Be it further enacted, That whenever there shall be an actual or threatened violation of the provisions of Section 1 of this Act, the organization entitled to the exclusive use of the name in question, under the terms of said Section, shall have the right to apply to the proper courts for an injunction to restrain the infringement of its name and the use of its emblems, and if it shall be made to appear to the court that the defendants are in fact infringing or about to infringe the name and style of a previously existing benevolent, fraternal, social, humane, or charitable organization in the manner prohibited in said Section 1 of this Act, or that the defendant or defendants are wearing or using the badge, insignia or emblems of said organization, without the authority thereof and in violation of said Section 1, an injunction be issued by the court under the principles of equity without requiring proof that any person has been in fact misled or deceived by the infringement of such name, or the use of such emblem. Injunction against infringement. SEC. 3. Be it further enacted, That any person who shall wear a badge, button, or other emblems, or shall use the name or claim to be a member of any benevolent, fraternal, social, humane or charitable organization

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which is entitled to the exclusive use of such name and emblems under Section 1 of this Act, either in the identical form or in such near resemblance thereto as to be a colorable imitation of such emblems and name, unless entitled to do so under the laws, rules and regulations of such organization, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in Section 1039 in the Penal Code of Georgia. Use of imitations prohibited. 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, 1909. STATE DOCUMENTS, EXCHANGE OF, FOR THOSE OF OTHER STATES. No. 223. An Act to provide for the regular exchange between Georgia and other States, of State documents, for supplying our State institutions with similar material; for increasing the price of Reports, Acts, etc.; shipping outside of the State; for decreasing the number of Acts and Journals required to be reserved by the Librarian, 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 State Librarian be created the exchange officer of Georgia for the purpose of a regular systematic exchange between this and other States of public documents, and that the several State departments and institutions be required to deposit with

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said officer for said purpose at least sixty-five copies of each of their reports and bulletins. Public documents, how exchanged for those of other States. SEC. 2. Be it further enacted by the authority aforesaid, That such of the State institutions and public schools of Georgia, and other institutions of learning, as maintain libraries and desire to receive them, shall be supplied free of charge by the State Librarian with Colonial, Revolutionary and Confederate Records, and public documents. Libraries of State institutions and public Schools furnished. SEC. 3. Be it further enacted by the authority aforesaid, That 50 per cent. of the net price be added to the price of Reports, Laws and Records, where they are shipped outside of the State, the same to cover transportation charges in the United States. Price for shipments outside of State. SEC. 4. Be it further enacted by the authority aforesaid, That worn out copies of Georgia State publications be rebound, sold at second-hand price, or discarded at the discretion of the Librarian. Disposition of worn out copies. SEC. 5. Be it further enacted by the authority aforesaid, That fifty copies each of Acts and House and Senate Journals be reserved by the Librarian for three years, from which time twenty-five copies only need be reserved; remaining copies of Journals as well as Laws, after the distribution elsewhere provided is effected, to be held for sale. Disposition of acts and journals. 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 14, 1909.

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STATE LIBRARIAN, SECOND ASSISTANT FOR. No. 217. An Act to provide for the employment of a second assistant to the State Librarian and to provide for the compensation of such assistant. SECTION 1. Be it enacted by the General Assembly, That the Librarian be authorized to employ a second assistant Librarian, and that the compensation of said second assistant shall be at the rate of seven hundred and fifty dollars per annum, to be paid quarterly, as other salaries are paid. Second assistant to Librarian; salary of. 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, 1909. CORPORATION CLERK, DUTIES AND COMPENSATION. No. 133. An Act to create in this State the office of Corporation Clerk; to prescribe the duties of such officer; to fix his compensation and to provide therefor, 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 a Corporation Clerk whose duty it shall be to keep the records of all foreign corporations doing business in this State, the lists of the agents of said corporations, the amount of capital stock and place of business, the amount of license or occupation

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tax paid by said corporation, and the amount of certificate fees paid for duplicate certificates for agents; to issue licenses upon the certificate of the Comptroller-General to all corporations paying business or occupation tax under the law; to issue duplicate certificates of authority to all agents of licensed foreign corporations paying the tax and fees, and to perform such other duties under the direction of the Comptroller-General as may be necessary to carry out the law. Corporation Clerk, duties and compensation. SEC. 2. Be it further enacted by the authority aforesaid, That the tax clerk in the Comptroller-General's office, appointed by the Comptroller-General, shall be ex-officio the Corporation Clerk herein provided, and he shall be allowed a salary not to exceed fifteen hundred dollars per annum, to be paid out of commissions and fees from the special taxes or license fees collected under this Act, and in accordance with the laws of Georgia. Tax Clerk, ex-officio Corporation Clerk. SECTION 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, 1909. ATTORNEY-GENERAL'S STENOGRAPHER, SALARY OF. No. 111. An Act fixing the salary of the stenographer in the office of the Attorney-General, 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

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of this Act the salary of the stenographer in the office of the Attorney-General shall be eighteen hundred dollars per annum. Stenographer of Attorney General, salary 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 13, 1909. STATE TREASURER, EX-OFFICIO BOND COMMISSIONER. No. 189. An Act providing that the Treasurer of Georgia shall be ex-officio Bond Commissioner; to authorize the appointment of an assistant Bond Commissioner in the State Treasury Department of Georgia; to define his duties, and to provide salary and other expenses for the same from fees on deposit of bonds. 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 State Treasurer shall be ex-officio Bond Commissioner of this State, and he is hereby authorized to appoint the chief clerk in the Treasury Department, or some other fit and competent person, to be assistant Bond Commissioner, whose duty it shall be to receive, file, record, care and provide for the deposit of bonds or other securities offered for deposit, as the law may direct, and who shall be allowed a compensation of nine hundred dollars ($900.00) per annum, to be assessed and collected as hereinafter provided. Bond Commissioner and Assistant.

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SEC. 2. Be it further enacted, and it is hereby enacted by the authority aforesaid, That each and every depositing corporation or individual of whatever name or class which now has or may hereafter have on deposit bonds or other securities, as the law provides, be, and is hereby required, within sixty days from and after the passage of this Act, and thereafter on or before January 15th of each year, to pay to the said Bond Commissioner the following schedule of fees, namely: Bonds or other securities aggregating not over $5,000.00, $2.00; not over $10,000.00, $3.75; not over $25,000.00, $7.50; not over $50,000.00, $12.50; not over $100,000.00, $20.00; more than $100,000.00, $25.00; provided, however, that the W. A. R. R. lessess shall be exempt from the operation of this Act; that if the total amount exceeds $800, the surplus shall be covered into the general funds of the treasury. In default of the payment of the fees herein prescribed, the Bond Commissioner shall refuse to accept the deposits required by law to be made, and shall not certify their [Illegible Text] until the fee is fully paid each year as herein provided, but shall report said default to the Insurance Commissioner, who shall suspend or revoke the license of said delinquent company or individual until the fee required under this Act is fully paid. All fees collected as aforesaid shall be held as a separate and distinct fund, to be disbursed only for the salary of the said assistant Bond Commissioner, as provided for in the preceding Section of this Act, and for the payment of premium on pensonal bond required from said assistant Bond Commissioner, and for other expenses of the bond department. Fees of Commissioner. SEC. 3. Be it further enacted, and it is hereby enacted by authority aforesaid, That it shall be the duty of the

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Bond Commissioner to furnish to the Insurance Commissioner, semi-annually, a certified list of all companies or individuals making deposit as the law requires, giving the name of the company or individual, the amount and kind of bond or other security so deposited, when due, and such other information in detail as the Insurance Commissioner may require. Reports to Insurance Commissioner. SEC. 4. Be it further enacted by the authority, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1909. INSURANCE COMPANIES, FOREIGN, FORFEITURE OF LICENSES. No. 238. An Act to cancel and forfeit the license of foreign fire, life, accident, fidelity, guaranty or other insurance companies doing business in this State, upon certain conditions, and for other purposes. SECTION 1. Be it enacted by the General Assembly of State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, if any foreign, fire, life, accident, fidelity, guaranty or other insurance company doing business in this State, shall, without the consent of the other party to any suit or proceeding brought against it in any court in this State, remove said suit or proceeding to any Federal Court, it shall be the duty of the Commissioner of Insurance to forthwith revoke all authority to such company and its agents to do business in this State, and to publish

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such revocation in some newspaper of general circulation published in this State. Forfeiture of license by foreign insurance companies. SEC. 2. Be it further enacted, That when such license is forfeited as provided in the foregoing Section, said license may be renewed by the Insurance Commissioner upon terms to be prescribed by him; provided such license shall not be renewed in less than two years from the date of its forfeiture. Renewal of license. SEC. 3. All acts and parts of Acts in conflict with this Act are, and the same are hereby, declared to be repealed. Approved August 16, 1909. SUPERSEDEAS IN MUNICIPAL AND COUNTY COURTS. No. 116. An Act to provide for supersedeas of judgments of conviction in county courts, municipal courts, police courts, and all other inferior courts (except constitutional city courts) exercising criminal or quasi criminal jurisdiction; to provide for the giving of bail, for the filing of pauper affidavits; to declare the effect of the giving of the same, 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 any person who has been convicted of any criminal or quasi criminal offense or violation of any ordinance in any county court, police court, municipal court, by whatsoever name called, or any other inferior judicatory

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(except Constitutional city courts) exercising criminal or quasi criminal jurisidction, who shall desire a [Illegible Text] of certiorari to review and correct the judgment of conviction in said case, shall be entitled to a supersedeas of the judgment upon the following conditions: He shall file with the clerk of said court, or if no clerk, with the judge thereof, or with the commissioners if it be a court presided over by commissioners with no clerk, a bond payable to the State of Georgia, or if the conviction be in a municipal court, to the municipality, in amount and with security acceptable to and to be approved by the clerk, judge or majority of the commissioners, as the case may be, conditioned that the defendant will personally appear and abide the final judgment, order or sentence upon him in said case. Said bond, if payable to the State, may be forfeited in the same manner as any other criminal bond in any court in this State having jurisdiction; if payable to the municipal corporation it may be forfeited according to the procedure prescribed in the municipal ordinance or charter; or, it may be sued upon in any court in this State having jurisdiction. Upon the giving of said bond, the defendant shall be released from custody in like manner as defendants are released upon supersedeas bonds in criminal cases where a writ of error has been obtained. Supersedeas in municipal and county courts. SEC. 2. Be it further enacted, That if the defendant is unable from his poverty to give said bond and will make this fact appear by affidavit to be filed with the judge, clerk, or commissioners, as the case may be, as provided in the foregoing Section, the same shall operate as a supersedeas of the judgment; provided, however, the defendant shall not be set at liberty unless he gives bond as prescribed in the foregoing Section. Pauper Affidavit.

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SEC. 3. Be it further enacted, That the supersedeas herein provided for shall operate to suspend the judgment of conviction until said case shall be finally heard and determined by the Superior Court to which it is to be taken by certiorari, or by the Court of Appeals upon writ of error, provided, that within the time prescribed by law the defendant shall apply for and procure the writs and remedies provided by law for reviewing the judgment complained of. The supersedeas herein provided for shall be equally applicable whether the judge of the Superior Court to whom the petition for certiorari is presented shall sanction it or refuse it; provided, that within the time provided by law the defendant shall diligently apply for and procure a writ of error. The object of this statute is to provide a method by which a defendant may obtain a supersedeas so long as he is prosecuting or is entitled under the law to prosecute the proceeding brought or to be brought to review the conviction of which he is complaining or any intermediate appelate judgment rendered thereon; and in order that the defendant shall not be deprived of his right to apply to the courts by being compelled to serve his sentence or pay a fine before he has had the full opportunity allowed him by law of taking the necessary proceedings to correct and review his conviction. Effect of Supersedeas. SEC. 4. Be it further enacted, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 13, 1909.

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LAUNDRYMEN, LIENS IN FAVOR OF. No. 199. An Act to create a lien in favor of persons, firms or corporations engaged in the business of laundering, cleaning or dyeing goods, clothing or wearing apparel, carpets, rugs, or other similar articles, upon the articles upon which such work may be done; to fix the rank of such lien; the method of foreclosure, 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 persons, firms, or corporations engaged in the business of laundering, cleaning or dyeing any clothing, goods, wearing apparel, carpets, rugs, or other such articles, shall, for the agreed price, or the reasonable value of their services in laundering, cleaning or dyeing any goods, clothing, wearing apparel, carpets, rugs, or other similar articles, have a lien upon the articles laundered, cleaned, or dyed, whether the work of laundering, cleaning or dying such articles is performed by themselves or their employees. Lien of laundrymen, SEC. 2. Be it further enacted by the authority aforesaid, That any such persons, firms, or corporations, shall have the right to retain possession of the articles laundered, cleaned or dyed by them until their charges shall have been paid, but if any such articles shall be delivered to the person for whom such service was performed, without collecting the agreed price or reasonable value of laundering, or dyeing such articles, the said lien shall be lost upon the articles so delivered, but shall attach to any other goods, clothing or wearing apparel, or other articles belonging to the person for whom such

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work was done, which may come afterwards into the possession of such person, firm or corporation for the purpose of being laundered, cleaned or dyed. how enforced, SEC. 3. Be it further enacted by the authority aforesaid, That said lien shall have the same rank as the special lien of laborers on the products of their labor, and may be foreclosed in the same manner. Rank of Lien. 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, 1909. COUNTY LINES WITHIN LIMITS OF MUNICIPALITIES, CHANGE OF. No. 90. An Act to repeal an Act entitled An Act to provide for the change of county lines lying within the limits of incorporated towns and cities, and for other purposes, passed by the General Assembly of Georgia and approved August 7, 1906, and published in the Acts of the Legislature of 1906, on pages 121 and 122. 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 said Act entitled An Act to provide for the change of county lines lying within the limits of incorporated towns and cities, and for other purposes, passed by the General Assembly of Georgia and approved August 7th, 1906, and published in the Acts of the General Assembly of Georgia of 1906, on pages 121 and 122, be, and the same is, hereby repealed. County lines in municipalities.

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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, 1909. TRADING STAMPS, USE OF PROHIBITED. No. 9. An Act to prohibit the issuing or giving away in connection with the sale of any article of goods, wares, or merchandise, of certain stamps to be redeemed in something uncertain, commonly called trading stamps, or other like devices, said stamps or other devices being redeemable by a third person or party; to provide a penalty for violations, 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, firm or corporation to issue or give away in connection with the sale of any article of goods, wares or merchandise, any stamp, commonly called a trading stamp, or other like device, which said stamp or other like device would entitle the holder thereof to receive from some other person or party than the vendor, any indefinite or undescribed thing, the nature or value of which was unknown to the purchaser at the time of the purchase of said article of goods, wares or merchandise. Trading Stamps, use of prohibited. SEC. 3. Be it further enacted by the authority aforesaid, That a violation of Section 1 of this Act shall be a misdemeanor, and shall be punished as prescribed in

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Section 1039 of Volume 3 of the Code of Georgia of 1895. 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, 1909. COUNTY SCHOOL COMMISSIONERS, ELECTION OF. No. 252. An Act to provide for the election of the County School Commissioners of the various counties of this State by the electors of each 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 County School Commissioners in the various counties of this State shall be elected by the electors of their respective counties, who are entitled to vote for members of the General Assembly, at the general election held for such members next preceeding the expiration of each County School Commissioner's present term of office, and every four years thereafter, and they shall hold for a term of four years, and until their successors are elected and qualified. County School Commissioners, election of. SEC. 2. Be it further enacted by the authority aforesaid, That the examination now required by Section 1366 of Volume 1 of the Code of 1895, be held at least ninety days before the day of election, and all candidates for such office shall stand said examination, and those

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who fail to make the per cent. hereinafter set out, shall, by the board of education, be declared ineligible to hold said office of County School Commissioner. Examination of Candidates. SEC. 3. Be it further enacted by the authority aforesaid, That all applicants standing said examination shall be required to make 85 per cent. in said examination before they shall be declared eligible to hold the office of County School Commissioner by said board of education. Qualifications of Candidates. SEC. 4. Be it further enacted by the authority aforesaid, That in case of a vacancy caused by death, resignation, removal from office or from any cause whatsoever in the office of County School Commissioner in any county of this State, the county board of education shall elect a County School Commissioner for the unexpired term, provided said unexpired term is for a period less than one year; but should said vacancy occur one year or more before the expiration of said term, then and in that event, the ordinary shall order an election for the unexpired term, said election to be held within ninety days after the vacancy occurs. Vacancies, how filled. 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 16, 1909.

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COUNTY POLICE, ELECTION AND MAINTENANCE. No. 236. An Act to authorize the authorities of the counties of this State, having over 90,000 population, to elect or appoint county police, to levy a tax for the expense thereof, and to define the duties of such police, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the county commissioners of the counties of this State, having a population of more than 90,000, (or the ordinaries in such counties having no commissioners), shall have and are hereby given authority, in their discretion, to elect or appoint a county police; said police to consist of such number of men of good character, not under 21 years of age, as such county commissioners or ordanaries shall, in their discretion, elect or appoint as aforesaid. County police, how appointed. SEC. 2. Be it further enacted by the authority aforesaid, That said county commissioners or ordinaries shall fix the salaries of said county police; and the same, together with expense of maintaining said county police, shall be paid out of the county treasury; and to that end the said county commissioners or ordinaries are hereby authorized and empowered to levy such tax as may be necessary to pay said salaries and such expense over and above the sums for which they are now authorized to levy a tax. Expense, how paid.

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SEC. 3. Be it further enacted by the authority aforesaid, That said county police shall each of them have under the direction and control of the commissioners or ordinaries the same power, with or without a warrant, to make arrests, and to execute and return all criminal warrants and processes, as sheriffs of this State now have; and shall, under the same directions and authority, have all the powers of sheriffs as peace officers in the county of their election or appointment. Powers of Police. SEC. 4. Be it further enacted by the authority aforesaid, That the said county police shall also, under the direction of said county commissioners or ordinaries, perform the duty of inspecting all the roads and bridges of the county; and shall, under such direction, report from time to time the conditions of the roads and bridges of said counties. Inspectors of roads and bridges. SEC. 5. Be it further enacted by the authority aforesaid, That the said county commissioners or ordinaries shall, upon the election or appointment of county police, make rules and regulations for the conduct, management and control of said county police; and shall, from time to time, enlarge, modify or change such rules and regulations as their discretion may dictate. Rules for control of. SEC. 6. Be it further enacted by the authority aforesaid, That upon the election of such county police, each of them shall enter into a good and solvent bond, in a sum not less than one thousand dollars, to be fixed by said commissioners or ordinaries, conditioned for the faithful performance of all their duties; and any one injured or damaged by any one of said county police may bring suit upon his bond in his or her name, or in

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the name of the commissioners or Ordinaries, for his or her benefit and use. Bonds of Policemen. SEC. 7. Be it further enacted by the authority aforesaid, That the terms for which said county police shall be elected or appointed shall be left to the discretion of the commissioners or ordinaries, and such county police or any member thereof may be removed from office at any time at the will of the commissioners or ordinaries, with or without cause. Terms of office. 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 16, 1909. STOCK LAW FENCES LEGALIZED. No. 214. An Act to legalize certain stock law fences in Georgia, 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 after the passage of this Act the following shall be the law: In any militia district of this State where a stock law election has been held heretofore, and determined in favor of stock law, and an honest effort has been made by the citizens of the district to build good fences and gates on or about the district line, and said fences and gates have been erected and have been recognized as the boundary fence between the said district and the adjoining district by the county commissioners or the ordinary, either by direction or

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acquiescence, the said fence shall be considered a legal fence, and the said district thus having voted, shall be entitled to all the rights and protection of the stock law. Stock law fences legalized. 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, 1909. LOCAL TAXATION FOR SCHOOLS. No. 224. An Act to amend An Act to provide for the creation and operation of local tax district schools, for the levying and collection of local tax by counties for educational purposes, for the laying off of counties into school districts, and for other purposes, approved August 23, 1905, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the above recited Act be amended by adding a Section, appropriately numbered, to-wit: An election for repealing the local tax law provided for in this Act when same has been established for over three years shall be called as in first instance. And if abolished by vote under similar regulations as in first instance, no new election for re-creating same shall be called within one year. If not abolished by vote, no election for the same purpose shall be called within one year. Local taxation for schools, elections for. SEC. 2. Be it further enacted, That all conflicting laws are hereby repealed. Approved August 14, 1909.

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RAILROADS, LIABILITY OF TO EMPLOYEES. No. 289. An Act relating to the liability of common carriers by railroads to their employees 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 after the passage of this Act, every common carrier by railroad shall be liable in damages to any person suffering injury while he is employed by such carrier, or in case of death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband, or child or children of such employee, and if none, then of such employee's parents; and if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves or other equipment; provided, nevertheless, no recovery shall be had hereunder if the person killed or injured brought about his death or injury by his own carelessness, amounting to a failure to exercise ordinary care; or if he, by the exercise of ordinary care, could have avoided the consequences of the defendant's negligence. The measure of damage in case the injury results in death of the employee shall be that prescribed in Sections 3828 and 3829 of the Civil Code of 1895. Provided, that the party or parties for whose benefit recovery may be had under this Act, may sue and recover in their own name or

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names in the manner prescribed by Section 3828 of the Civil Code, in case no administrator or executor has been appointed at the time suit is filled. In case death results from injury to the employee, the employer shall be liable unless it make it appear that it, its agents and employees have exercised all ordinary and reasonable care and diligence, the presumption being in all cases against the employer. If death don't result from the injury, the presumptions of negligence shall be and remain as now provided by law in case of injury received by an employee in the service of a railroad company. Railroads, liability of to employees. SEC. 2. Be it further enacted, That in all actions hereafter brought against any such common carrier by railroad, under or by virtue of any of the provisions of this Act to recover damages for personal injuries to an employee, or where such injuries have resulted in death, the fact that the employee may have been guilty of contributory negligence, not amounting to a failure to exercise ordinary care, shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee; provided that no such employee who may be injured or killed, shall be held to have been guilty of contributory negligence, in any case where the violation by such common carrier of any statute enacted for the safety of employes, contributed to the injury or death of such employee. Contributory negligence and ordinary care. SEC. 3. Be it further enacted, That in any action brought against any common carrier under and by virtue of any of the provisions of this Act to recover damages for injuries to, or the death of any of its employees, such employees shall not be held to have

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assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of the employees contributed to the injury or death of such employee. Risk of employment. SEC. 4. Be it further enacted, That any contract, rule, regulation or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this Act, shall, to that extent, be void; provided, that in any action brought against any such common carrier, under or by virtue of any of the provisions of this Act, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief, benefit or indemnity that may have been paid to the injured employee, or, in the event of death, to the person or persons entitled thereto on account of the injury or death for which said action is brought. Indemnity paid set off against liability. SEC. 5. Be it further enacted, That no action shall be maintained under this Act unless commenced within two years from the day the cause of action occurred. Limitation to right of action. SEC. 6. Be it further enacted, That the term common carrier as used in this Act shall include the receiver or receivers or other person or corporation charged with the duty of the management and operation of the business of a common carrier. Receivers of Common Carriers. 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 16, 1909.

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COMMON CARRIERS, PASSES TO FORMER EMPLOYEES AND OTHERS. No. 219. An Act to allow common carriers to grant passes to former employees under certain conditions, 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 common carriers in this State may grant passes upon their transportation lines to any former employee of the company and his immediate family, who, from length of service or having been injured in the service of the same, has been retired from the service but is kept upon the payroll of the company under a system of pensioning or similar system, such passages to be good only for intrastate passage. Passes to former employees of Common Carriers. 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, 1909. ELECTRIC RAILROAD COMPANIES MAY CONTROL OTHER LIKE COMPANIES. No. 86. An Act to authorize electric street, suburban and interurban railroad companies to acquire by purchase, lease, consolidation or merger, the stock, property, rights and franchises of other such companies, and of companies formed to generate electricity; and to authorize

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any such companies to guarantee, acquire, own, hold, mortgage, pledge, sell, assign, transfer or otherwise dispose of any or all of the capital stock, bonds, securities or other evidences of indebtedness of other such corporations, and to issue stock, bonds and other obligations and secure the same by mortgage or otherwise, 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 by vote of a majority of the outstanding capital stock, any corporation, now or hereafter formed under the laws of this State for the purpose of operating by electricity a street railroad, suburban railroad, or interurban railroad, or for the purpose of generating electricity, may guarantee, purchase or otherwise acquire, own, hold, mortgage, pledge, sell, assign, transfer or otherwise dispose of all the capital stock, bonds, securities or other evidences of indebtedness of any of such corporations, and may issue its bonds and stock in payment thereof; and any such electric railroad corporation, for the purpose of connecting its railroad, constructed, or about to be constructed, with any railroad or railroads constructed by any other such electric railroad company or companies, or for the purpose of obtaining motive power for its operation may acquire, by lease, purchase, merger, or consolidation, the property, rights and franchises of any other such electric railroad corporation or corporations, or of any corporation or corporations formed for the purpose of generating electricity; provided, that no act shall be deemed authorized hereunder which shall be inhibited by any provision of the constitution of this State, or by any provision of the constitution or statutes

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of the United States, or which shall have the effect or be intended to have the effect to defeat or lessen competition or to encourage monopoly. Consolidation of Electric Companies, SEC. 2. Be it further enacted, That no guaranty or acquisition of stock, securities, property, rights or franchises of any corporation heretofore organized shall become effective hereunder until the expiration of thirty days from the authorization thereof by the stockholders, nor, if any stockholder thereof who shall not have voted in favor of such action shall within such time file with the secretary of such corporation his written disapproval therof, shall such action become effective until the ascertainment and payment of the award in this Section provided for. If such disapproval shall be so filed, either such dissenting stockholder or such corporation may, within ten days thereafter, apply by petition to the Railroad Commission of this State, on fifteen days' notice, for an adjudication of the Railroad Commission of the State as to whether the action so authorized is for the public benefit. If the Railroad Commission of the State shall not find that such action is for the public benefit, the same shall not become effective unless the consent of all the stockholders shall be given thereto within thirty days thereafter; but if the Railroad Commission of the State shall find that such action is for the public benefit, the value of the stock of such dissenting stockholder, without regard to appreciation or depreciation thereof in consequence of such action, shall be ascertained by a proceeding to be held in the county of the principal office of the corporation, and thereafter paid to such dissenting stockholder, all in accordance with the provisions of Sections 4659, 4672, 4678, 4684 and 4686, all inclusive, of the Civil Code of 1895, and

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the Acts amendatory thereof, so far as such Sections and Acts may be applicable; and thereupon such dissenting stockholder shall transfer his stock to the corporation, to be disposed of by the directors or to be retained for the benefit of the remaining stockholders. How effected. SEC. 3. Be it further enacted, That before any acquisition hereunder of the physical property, rights and franchises of any corporation shall become effective, the directors of the selling and purchasing corporation shall enter into a joint agreement prescribing the terms and conditions thereof, the name by which the purchasing or consolidated corporation shall be known, the number, names and places of residence of the first directors and the officers thereof (who shall hold their offices until their successors have been chosen or appointed), the number of the shares of the capital stock, whether common or preferred, and the amount or par value of each share thereof of such purchasing or consolidated corporation, together with all such other provisions and details as such first mentioned directors shall deem necessary to perfect such acquisition. The said agreement shall thereafter be considered by the stockholders of each of said corporations, and if ratified by a vote of a majority of the stock of each of said corporations, that fact, together with a statement in the case of corporations heretofore organized that thirty days has elapsed from the date of such stockholders' action without the filing of any disapproval thereof by any stockholder who had not voted in favor thereof, or that the payment of any award made by virtue of Section 2 of this Act has been made, shall be certified upon said agreement by the secretaries of the respective corporations, under the seals thereof, and the agreement so adopted, ratified

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and certified, shall be filed in the office of the Secretary of State, who, if he shall be satisfied that the provisions of this Act have been complied with in relation to such acquisition, and that the same is not inhibited by any provision of the constitution of this State or of the constitution and statutes of the United States, shall thereupon issue his certificate that said corporations have complied with the provisions of this Act, and that such purchasing or consolidated corporation shall thenceforth constitute a corporation by the name provided in said agreement; and thereafter such purchasing or consolidated corporation shall be possessed of all the rights, privileges, powers and franchises, as well of a public as of a private nature, and be subject to all the duties and liabilities, debts and obligations of each of the corporations participating in such agreement; and said certificate of the Secretary of State, or a duplicate thereof duly certified, shall be conclusive evidence of the existence of such corporation in all the courts of this State. How ratified. SEC. 4. Be it further enacted, That any corporation named therein shall have authority to issue its bonds, notes and other evidences of indebtedness, and to secure the same by mortgage of trust, or otherwise, upon all its property or franchises then owned or thereafter acquired, for any corporate purpose thereof, within the limitations and in the manner now or hereafter prescribed by the laws of this State. Bonds of Consolidated Company. 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 11, 1909.

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FREE PASSES ON STREET CARS FOR POLICEMEN AND OTHER EMPLOYEES. No. 104. An Act to permit the street railroads to grant free passes to the members of the police, sanitary, water and fire departments, and the marshals and their deputies and county police officers in the cities of the State of Georgia. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That it shall not be unlawful for any street railway company of this State to issue free transportation to the members of the police force and fire, sanitary and water departments and the marshals and their deputies and county police officers of cities of this State over their lines operated in the cities of the State, when said cities have regularly organized police forces and fire, sanitary and water departments; provided, nevertheless, that nothing in this Act contained shall authorize such company to grant individual members of such police and fire departments any transportation or other special privilege not participated in by all of the members thereof on like terms and under like conditions, and provided, further, that all such grants or concessions shall be made to the governing authority of such city, for, and in behalf of the members of such police force and fire, sanitary and water department, and formally accepted by such authority. Free passes on street cars for policemen and other employees. SEC. 2. Be it further enacted by the authority of the General Assembly, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1909.

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MUTUAL AID INSURANCE COMPANIES, ASSETS OF, ETC. No. 234. An Act to fix the amount of solvent assets which mutual aid, benefit and industrial life insurance companies shall have and maintain; to provide a method by which said companies, organized upon the co-operative or mutual assessment plan, may procure such assets; and to provide for the manner of investing the assets of such companies; to provide for an examination of such companies by the insurance commissioner, 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 first day of January, 1910, every mutual aid, benefit or industrial life insurance company or association doing the business of industrial life insurance in this State, as defined by the laws of this State, whether on the stock, or on the co-operative or mutual assessment plan, shall at all times own and possess solvent assets to the amount of one dollar and fifty cents for each hundred dollars of insurance at risk by such corporation. In estimating and determining such amount there must be deducted therefrom any liabilities of such corporation for any sums or amounts due or owing for any purposes on claims, other than liabilities upon its policies, contracts of insurance, or certificates of membership; provided, that any such company organized on the co-operative or mutual assessment plan may use any part of its guaranty fund raised under the provisions of this Act which it may have on hand, in estimating and determining the

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amount of its solvent assets and any such corporation with a capital stock may estimate and use the property or funds in which its capital stock has been invested in accordance with this Act in determining the amount of its said solvent assets. Mutual aid insurance companies, assets of. SEC. 2. Be it further enacted by the authority aforesaid, That the amount of insurance in force shall be estimated by adding to the amount payable under any policy as a death benefit, the amount of one week's sick or accident benefits payable under said policy. Amount of insurance, how estimated. SEC. 3. Be it further enacted by the authority aforesaid, That any mutual aid, benefit or industrial life insurance company incorporated under the laws of this State upon the co-operative or mutual assessment plan, shall be authorized to raise a guaranty fund to be used for the purpose of making the deposit required by the State, or to promote the company, or to pay operating expenses during any period when the regular income of the company shall be, for any reason, insufficient to pay operating expenses after the claims of the policyholders for sick, accident and death benefits have been paid, or for the purpose of raising and maintaining the amount of solvent assets required by the provisions of this Act, which guaranty fund may be raised by the sale of income or guaranty fund certificates, to be sold in denominations of not less than one hundred dollars each, and shall not be sold for less than the par value thereof, and shall bear interest at a rate not exceeding eight per cent. per annum, the interest on such certificates payable only from the expense fund of the corporation. Guaranty fund.

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SEC. 4. Be it further enacted by the authority aforesaid, That when any company shall have raised a guaranty fund, in any amount, by the sale of certificates as provided by Section three of this Act, said certificates may be retired only from the excess of the surplus accumulations of the company issuing them, in excess of the amount of said guaranty fund, and no payments shall be made on said certificates which will reduce said guaranty fund, or the amount of solvent assets of the company below the amount it may be required to keep under the provisions of this Act, which amount of solvent assets shall, in no case, be less than the amount of the deposit required of such company by the State, and no extra assessment, in addition to the stipulated weekly, or bi-weekly premium provided for in the policies, contracts of insurance, or certificates of membership issued by the company, shall ever be made for the purpose of retiring such certificates, either in whole or in part. Income or guaranty fund certificates, how retired. SEC. 5. Be it further enacted by the authority aforesaid, That when any company shall have issued any income or guaranty fund certificates, under the provisions of this Act, and such company shall discontinue business, and any such certificates shall be outstanding, such certificates shall be entitled to payment out of any surplus assets of the company after all claims for policyholders for sick, accident or death benefits have been paid, and before there shall be any distribution of surplus accumulations to the policyholders. Payment of certificates. SEC. 6. Be it further enacted by the authority aforesaid, That such income or guaranty fund certificates shall not be counted as a liability of the company in

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determining the amount of solvent assets, which said company shall be required to have and maintain. Such certificates not counted as a liability. SEC. 7. Be it further enacted by the authority aforesaid, That all companies doing the business of industrial life insurance in this State shall, at all times, be subject to such examination as the insurance commissioner of this State may order, and shall be liable for the reasonable expense of making such examination. Examinations by insurance commissioner. 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 16, 1909. STENOGRAPHERS OF JUDICIAL CIRCUITS, SALARIES OF. No. 56. An Act to regulate the salaries of stenographic reporters of all the judicial circuits of this State having, or that may hereafter have therein a city with a population of not less than 23,000 nor more than 39,000 inhabitants, according to the United States census of 1900, and for other purposes. SECTION 1. Be it enacted, That in all counties in this State having cities with a population of not less than 23,000 nor more than 39,000 inhabitants, according to the last United States census, the compensation of the stenographic reporter of the judicial circuits in which said cities are situated shall be the sum of one hundred and fifty dollars per month, such compensation to be in full for all services of any kind properly chargeable to,

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and to be paid out of the treasury of the counties in which said cities are located, as other court expenses are paid. Court stenographers, salary of. SEC. 2. Be it further enacted, That in all such counties, as are in Section 1 of this Act described, the said stenographic reporter shall turn over quarterly to the county treasurer of said counties all monies collected by him for the reporting of all civil cases in said Superior Court. Fees of, payable to county treasurer. SEC. 3. Be it further enacted, That where a defendant is sentenced as for a felony, it shall be the duty of said stenographic reporter to file with the clerk of the Superior Court of said county, a brief of the testimony had in said case, without further compensation. Briefs of testimony in felony cases. 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 10, 1909. ORDINARIES, COMPENSATION FOR SERVICES TO PENSIONERS. No. 115. An Act to fix compensation for the ordinaries of this State and to provide for the payment thereof for receiving and paying out the pensions of the various pensioners of their counties, and for preparing the papers and proofs of said pensioners, 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 the same, That on and after the passage of this Act, the Ordinaries of this State shall be allowed a fee of One ($1.00) Dollar per capita per annum for preparing all papers and proofs fixing up and preparing the annual pay rolls for securing, receiving and paying out the pensions to the various pensioners of their respective counties, which shall be in full settlement for all services to be performed in connection with the pension rolls of their counties. Ordinaries, compensation of for services to pensioners. SEC. 2. Be it further enacted by the authority aforesaid, That the fees above set out for all those pensioners that have heretofore been known as indigent pensioners shall be paid out of the pauper fund of the county in which said pensioner may reside upon a sworn itemized bill made out by the Ordinaries and presented to the treasurer or other officer having in charge the paying out of the pauper fund of each county which treasurer or other officer shall audit said itemized bill and if found correct, pay the same and make record thereof as other bills or orders paid by him. Fees, how paid. SEC. 3. Be it further enacted by the authority aforesaid, That all other pensioners other than those known as indigent pensioners shall pay to the Ordinaries, the sum of one ($1.00) dollar for all of said service aforesaid and the Ordinaries are hereby authorized to retain said amount of said pensions. 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 13, 1909.

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JUSTICES OF THE PEACE, FEES OF IN CITIES. No. 196. An Act to fix and regulate fees for Justices of the Peace of the Militia Districts of this State which are now or may hereafter be located within the corporate limits of cities having a population of not less than 54,000 and not more than 80,000 inhabitants, 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 following shall be the fees for Justices of the Peace and Notaries Public who are Ex-Officio Justices of the Peace of the Militia Districts of this State which are now or may hereafter be located within the corporate limits of cities having a population of not less than 54,000 and not more than 80,000 inhabitants and it shall be lawful for said magistrates to charge and collect the same: Fees of Justices of the Peace, in cities. For each original summons $.50 Each copy of summons .50 Filing papers in any cause .10 Seal .10 For affidavit and bond to obtain attachment and issuing same 1.70 For entering judgment in each case .50 For trial of each case when same is litigated .50 For docketing each case .35 For each witness sworn .25 Issuing each execution .50

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For affidavit to obtain possessory warrant making out and issuing same 1.25 For trying possessory warrant 2.00 For making out interrogatories and certifying same 1.25 For making out recognizances and returning same to court .50 For each subpoena for witness .15 For each distress warrant issuing 2.00 For each affidavit when no cause is pending .50 For answering every writ of certiorari to Superior Court 3.00 For presiding at trial of forcible entry and detainer 2.00 For presiding at trial of right of way 2.00 For issuing rules to establish lost papers 1.00 For trying the same .50 For presiding at trial of nuisance 1.00 For witnessing any paper .50 For affidavit and bond to obtain garnishment 1.50 For issuing summons of garnishment .50 For each additional copy of garnishment .25 For settling case before judgment .50 For claim affidavit and bond .50 For trying same .50 For drawing bonds in civil or criminal cases 2.00 For certifying transcript 1.00

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For entering appeal to Superior Court 1.00 For each search warrant issued 2.00 For taking testimony in criminal case 1.25 For issuing order to sell perishable property 1.00 For each lien foreclosure and docketing same 2.00 For entering an appeal in Justice Court 1.00 For drawing jury and making out list 1.00 For each order issued by a justice 1.00 For each case tried by a jury .50 For issuing commission to take inter-rogatories 3.00 For backing fi. fa. .50 For rule visi vs. office .35 For trying the same .35 For judgment on same .35 For attachment for contempt against officer of court .50 For issuing warrants to dispossess, or against intruders 1.75 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, 1909.

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DRAINAGE IN CERTAIN COUNTIES. No. 256. An Act to authorize any county in this State having within it a city with a population of not less than 54,000 nor more than 75,000 inhabitants to lay out, establish, construct, maintain, control, regulate, reopen, repair, improve, widen, use, protect and discontinue a system of drainage or any part thereof; to ratify and make valid the action of every such county heretofore taken toward the accomplishment of any such purposes; to rest in said counties the right of way for all drainage canals, public drains or ditches, therein, without the corporate limits of such city, now used or which may hereafter be acquired for public drainage or sanitary purposes; to place the control and regulation thereof and the connection therewith, in the county commissioners; to empower the county commissioners to compel land-owners through whose lands drain ditches have been or may be dug to connect all drain ditches with said system of drainage, and to drain their land when necessary to preserve public health and, when the drainage is connected to keep the same open and in good order, to provide a penalty for all persons failing to obey the proper orders of the county commissioners in this connection, and for all persons convicted of injuring, obstructing or otherwise interfering with said drainage canals, public drains, ditches, etc.; to authorize the county to acquire land necessary for the purposes of this Act as it is now authorized to acquire land for public roads, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That authority is hereby given to any county having therein a city with a population of not less than fifty-four thousand nor more than seventy-five thousand inhabitants to lay out, establish, construct, maintain, control, regulate, re-open, repair, improve, widen, use, protect and discontinue a system of drainage or any part thereof within said county and without the corporate limits of any such city. Drainage by Counties in which a City is located. SEC. 2. Be it further enacted, That whatever action may have been heretofore taken by any such county toward the accomplishment of any of the purposes mentioned in the first Section of this Act is hereby ratified and confirmed, and made valid as completely as if the same had been made and done after the approval of this Act. Action, heretofore taken, confirmed. SEC. 3. Be it further enacted, That such a county is hereby given the right of way for all drainage canals, public drains or ditches now used for public drainage or sanitary purposes, or which may hereafter be established hereunder outside of the corporate limits of such a city. Rights of way for drainage. SECTION 4. That the control, management and regulation of such drainage canals, public drains or ditches, and of the manner of connecting therewith are hereby fully and completely vested in the county commissioners of said county. County vested with management. SEC. 5. That such county commissioners are required to empower and compel landowners, whenever necessary for sanitation, to drain their lands and to connect such drainage with the drainage canals, public drains or ditches, and to likewise connect drainage ditches,

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already on said lands, and to keep all such drainage now existing or which may hereafter be constructed, open on their lands and in good order and in general harmony with the general system of the drainage of the county. Upon the failure of any owner of land to comply with any order issued by the county commissioners of such a county for any of the purposes of this Section for ten days after receiving a copy of such order, such commissioners are hereby authorized to have the necessary work done at the expense of such owner and after completion of such work, to bill the owner with the cost thereof, and if such bill is not paid within ten days after presentation thereof, they shall issue their execution for the cost of such work against the owner of such lands, which shall be levied upon any property of such owner within said county, and said property shall be advertised and sold by virtue of such execution under the same rules and regulations as govern other judicial sales. Any owner failing to comply with any such order for ten days after such notice shall also be guilty of a misdemeanor and punishable under Section 1039 of Volume 3 of the Code of 1895. Landowners compellable to connect drainage. SEC. 6. Be it further enacted, That any and all persons who shall injure, obstruct or otherwise interfere with any of said drainage canals, public drains, or ditches or any part thereof, shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be punishable as provided in Section 1039 of Volume 3 of the Code of 1895. Obstruction of drainage prohibited. SEC. 7. Be it further enacted, That the procedure for laying out, establishing, widening and discontinuing, and for the acquisition of the necessary rights of way

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for such drainage canals, public drains or ditches shall be the same as are now or may hereafter be prescribed with reference to public roads, including the power of condemnation, which is hereby conferred, provided nevertheless that where condemnation proceedings are instituted the county authorities may discontinue them and need not take the land sought nor pay the amount assessed, but may discontinue such proceedings at any stage upon payment of the costs of the proceeding up to the time of such discontinuance. Procedure to establish system of drainage. 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 16, 1909. TAXATION FOR SCHOOL BUILDINGS IN CERTAIN COUNTIES AUTHORIZED. No. 103. An Act to authorize the proper county authorities in all counties of this State, having therein a city with a population of not less than fifty-four thousand (54,000) and not more than seventy-five thousand inhabitants to raise by taxation for educational purposes a sum sufficient to pay for material which has been or may be furnished and used in the construction of any public school building, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia that the county commissioners or Ordinary as the case may be, in charge of county affairs, of all counties in this State having therein a

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city with a population of not less than fifty-four thousand (54,000) nor more than seventy-five thousand (75,000) inhabitants, are hereby authorized and empowered to raise by taxation for educational purposes a sum sufficient to pay such an amount as such county commissioners or Ordinary shall find after investigation reasonable compensation of material men for material furnished a contractor and used in the construction of any public school building therein, which has been or shall hereafter be erected where the material has not been paid for and the contractor is insolvent, and [Illegible Text] has not been taken to require payment by the contractor for such material, provided such sum shall not exceed what would be the reasonable cost of such building in excess of the contract price. Local taxation for School buildings in certain counties. SEC. 2. The sum so raised shall be paid by such county authority direct to the material men and not to the contractor. SEC. 3. Nothing in this act shall give material men a lien or authorize any right of action should the county authorities see fit to refuse to pay for material so used and not paid for. SEC. 4. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved August 10, 1909. CONSTABLES, FEES OF IN CITIES. No. 129. An Act to fix and regulate fees for constables of the Militia Districts of this State which are now or may hereafter be located within the corporate limits of

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cities having a population of not less than 54,000 and not more than 80,000 inhabitants, and for other purposes. SECTION 1. Be it enacted by the General Assembly for the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the following shall be the fees for constables of the Militia Districts of this State which are now or may hereafter be located within the corporate limits of cities having a population of not less than 54,000 and not more than 80,000 inhabitants: Fees of Constables in cities. For serving summons or attachment $.50 For each return by officer .50 For serving each copy of summons .50 For summoning each witness .25 For attending court for each judgment rendered .50 For attending trial on day other than court day .50 For levying fi. fa. .50 For settling a fi. fa. when property not sold .50 For returning nulla bona .50 For summoning jury on inquest 1.00 For collecting executions issued by coroners .75 For keeping each dog per day .25 For keeping horse, mule, ox, or ass per day .50 For each head of meat cattle per day .25 For each head of sheep, goats or hogs .25

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For all sales made by him amount on sales commission .06 For attending grand jury per day 1.00 For serving warrants in criminal cases 1.25 For keeping and maintaining prisoner before examination under 24 hours .75 For serving rule to establish lost papers .35 For serving each order issued by a justice of the peace .50 For serving each additional copy .30 For following property out of county, going, returning per mile .05 For levying each distress warrant 3.00 For each advertisement .50 For taking bond in civil cases .50 For taking bond in criminal cases 1.00 For executing search warrant in house or vessel 3.00 For serving garnishment summons .50 For each additional copy .25 For summoning jury 1.00 For attending jury on appeal .50 For executing warrant against tenants and intruders 1.25 Serving possessory warrant 2.00 SEC. 2. Be it further enacted by authority of the same that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1909.

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MUNICIPAL FARMS FOR MISDEMEANOR CONVICTS. No. 249. An Act to amend an Act approved August 14th, 1908, entitled, 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 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 farms or other place of confinement and the care, custody and treatment of persons sent thereto; and for other purposes, by providing for the classification and parole of prisoners, that unruly, disturbing, habitual, repeating or confirmed offenders may be transferred by the county commissioners from the place herein provided for to another place of detention and work for the prisoners in the same county (if the inmates of the latter place are not required to wear stripes and chains) that the presiding officer of courts authorized by said Act to commit shall be furnished monthly with a list of the prisoners showing their history to which such officers shall give

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due heed in imposing sentence; that any person escaping from either of the places herein referred to shall be guilty of a misdemeanor; that unemployed persons may go voluntarily to said place or be informally committed there without being regularly sentenced to prison, and for other purposes. SECTION 1. Be it further enacted by the General Assembly of the State of Georgia, That said Act be amended by adding the following Sections: Section 7. Be it further enacted, That the authorities in charge of any place herein provided for, are empowered to classify the persons committed there according to history, merit and behavior, and to plainly distinguish such classes by dress, or by emblem thereon, so that all persons may at once be able to determinate to which grade a person belongs. Classification of prisoners. Section 8. Be it further enacted, That the authorities in charge of said place may establish a system of parole or conditional pardons for persons committed to said place; provided, that the same shall not be applied to any person committed for a State offense unless and until so recommended by the prison commission and approved by the Governor. No parole shall be granted except on the prison record of said prisoner and his history before his conviction, nor until said local authorities shall have satisfactory evidence that, if said prisoner is released on parole, he will be given and will accept honest employment or if he is unable to labor, that he will not become an object of public charity, that he is worthy of parole, that his parole will not be incompatible with the welfare of

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society and that he has the qualities of character for and the bona fide intention of reforming. That it shall be the duty of said authorities to send a copy of their order granting said parole and of its terms and conditions to the clerk of the court committing said prisoner, which terms and conditions shall be immediately recorded in a book kept for that purpose by said clerk. That the presiding officer of said authorities shall have the power to issue his order for the re-arrest of said prisoner at any time which order, when duly certified under seal of said authorities, shall have the force of 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 promptly apprehend and arrest the body of said prisoner and return him to the custody of said authorities. That when any parole prisoner is thus re-arrested he may be required by said authorities to serve the remainder of his original sentence and the time he was out on parole may or may not be considered, or calculated as a part of the original sentence in the discretion of the authorities. That it shall be the duty of said authorities to keep in touch with said paroled prisoners and require him, by suitable rules, to report himself to them, or as they direct, at such periods and places as will enable them to know his record while a paroled prisoner a parole officer may be employed and paid. The provisions of this Act shall not impair the pardoning power of the Governor. Parole or conditional pardons. Sec. 9. Be it further enacted, That unruly, disturbing, corrupting, habitual, repeating and confirmed offenders shall not be sentenced to said place a second time, nor shall they be sentenced there the first time unless the court shall be satisfied that they will be neither unruly,

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nor disturbing, nor corrupting, nor subversive of the discipline or best interest of the purposes of said place or of the prisoners thereat. That persons coming within either of the classes herein before specified may be sentenced by either of the courts herein before mentioned to imprisonment and labor at any other penal farm in said county, of more rigid discipline, if the inmates of the latter are not required to wear stripes or chains, That the authorities in charge of said place may in their discretion transfer from it to such other farm, any prisoner who shall be unruly, disturbing, corrupting or otherwise subversive of the best interests of the former place, or any habitual, repeating or confirmed offender. That said authorities shall cause to be furnished at least monthly to the presiding officer of any court authorized to sentence to said place an alphabetical list of the prisoners, thereat, containing a brief history of each prisoner and particularly the number of times and character of offenses for which he may have been sentenced by any court for any offense. Confirmed offenders, disposision of. Sec. 10. Be it further enacted, That any person convicted and sentenced hereunder who shall escape from either of the places of confinement herein referred to, shall be guilty of a misdemeanor and punishable under Section 1039 of Volume 3 of the Code of 1895. Escapes. Sec. 11. Be it further enacted, That vagrants and those temporarily out of work may go voluntarily to to said place or be informally committed there, upon their written consent without being regularly sent to prison, provided written permission or commitment is first obtained therefor from the county commissioners or their authorized representative, and provided, further,

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that the county commissioners shall have the power to fix the terms and conditions upon which such persons will be received, kept and discharged. Vagrants. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 16, 1909. DEFAMATIONS OF A VIRTUOUS FEMALE PENALIZED. No. 110. An Act to make penal the wilfully and falsely uttering or circulating any defamatory words or statements derogatory to the fair fame of any virtuous female, and for other purposes. SECTION 1. Be it enacted by the General Assembly, That from and after the passage of this Act any person or persons who shall wilfully or falsely utter or circulate any defamatory words or statements derogatory to the fair fame or reputation for virtue of any virtuous female shall be guilty of a misdemeanor and on conviction shall be punished as prescribed in Section 1039 of the Penal Code; provided, that prosecutions can only be instituted by grand juries by bill of indictment, provided this Act shall not apply to privileged communications as defined in Section 3840 of the Civil Code. Defamation of a virtuous female. 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 10, 1909.

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GEORGIA DAY, FEBRUARY 12, OBSERVANCE BY PUBLIC SCHOOLS. No. 113. An Act to provide that the twelfth day of February in each year shall be observed in the public schools of this State, under the name of Georgia Day, by appropriate exercises; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the twelfth day of February in each year shall be observed in the public schools of this State, under the name of Georgia Day, as the anniversary of the landing of the first colonists in Georgia under Oglethorpe; and it shall be the duty of the State School Commissioner through the County School Commissioners, annually to cause the teachers of the schools under their supervision to conduct on that day exercises in which the pupils shall take part, consisting of written compositions, readings, recitations, addresses, or other exercises, relating to this State and its history and to the lives of distinguished Georgians. When said day falls on Sunday, it shall be observed on the following Monday. Georgia Day observance by public schools. 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 13, 1909.

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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. ACTS. Abbeville, city court of, Act creating amended. Abbeville, city court of, Act creating amended. Barnesville, city court of abolished. Baxley, city court of, Act creating amended. Baxley, city court of, Act creating amended. Calhoun county, city court of, Act creating amended. Carrollton, city court of, Act creating amended. Columbus, city court of, Act creating amended. Dalton, city court of abolished. Danielsville, city court of, repeal of Act creating. Dawson, city court of, repeal of Act creating. Dawson, city court of, Act creating amended. Dublin, city court of, Act creating amended. Eastman, city court of, Act creating amended. Fitzgerald, city court of, Act creating amended. Hall County, city court of, Act creating amended. Hamilton, city court of abolished. Hazlehurst, city court of established. LaGrange, city court of, Act creating amended. Leesburg, city court of, Act creating amended. Lumpkin, city court of established. Miller County, city court of, Act creating amended. Moultrie, city court of, Act creating amended. Mount Vernon, city court of, abolished. Nashville, city court of, Act creating amended. Ocilla, city court of, established. Quitman, city court of, Act creating amended. Sparta, city court of, Act creating amended. St. Mary's city court of, Act creating amended. Statesboro, city court of, Act creating amended. Sylvania, city court of, Act creating amended. Sylvester, city court of, Act creating amended. Thomasville, city court of, Act creating amended. Tifton, city court of, Act creating amended. Vienna, city court of, Act creating amended. Wrightsville, city court of, Act creating amended. Zebulon, city court of, established. Irwin County, county court of, abolished. Jeff Davis County, county court of, abolished. Pike County, county court of, abolished. Stewart County, county court of, abolished.

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ABBEVILLE, CITY COURT OF, ACT CREATING AMENDED. No. 254. An Act to amend an Act entitled, An Act to establish the city court of Abbeville, in and for the county of Wilcox, 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 on August the 15th, 1906. And an Act amendatory thereof, approved August 22d, 1907. To change the jurisdiction of the said city court of Abbeville; to abolish the monthly terms thereof; to provide for the disposition of cases pending in said court returnable to the monthly terms thereof; to provide for the drawing of 28 jurors providing for a pannel of 16; regulating the number of pre-emptory strikes allowed to the State and defendant in criminal cases and to the plaintiff and defendant in civil cases; to change the term of office of the judge and solicitor when held by appointment in cases of vacancy; to change the qualifications of the judge and solicitor; to prohibit the judge of the said city court of Abbeville from practicing law in Wilcox 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 an Act approved August the 15th, 1906, establishing the city court of Abbeville, be amended as follows: That in line nine (9) in Section one (1) of said Act the word fifty be stricken and the words one hundred be substituted in lieu thereof; and that beginning at the word provided in

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line twenty-seven (27) of Section one (1) of said Act, the remainder of the Section be stricken, and in lieu thereof the following be substituted: The city court of Abbeville shall have jurisdiction in all cases whatever the amount involved where no jurisdiction is vested in the justice courts, unless exclusive jurisdiction is by law vested in some other court. Abbeville, City Court of, act creating amended. SEC. 2. Be it further enacted by the authority aforesaid, That Section ten (10) of said Act providing for monthly terms of said court be stricken in full; and that part of Section eight (8) beginning at the word and in line nine (9) and ending with $100 in line fourteen (14) also in line fifteen (15) strike the words is more than $100, but; and that part of Section eleven (11), lines four (4) and five (5) with reference to monthly term cases; also that part of Section thirteen (13) beginning at the word provided in line five (5) relating to the filing of monthly term cases be stricken; also that part of Section twenty (20) beginning at the word provided in line nine (9) striking all the remainder of said Section twenty (20). SEC. 3. Be it further enacted by the authority aforesaid, That all cases now pending and not disposed of in said city court of Abbeville filed to the monthly terms thereof, shall be tried and disposed of at the quarterly terms. SEC. 4. Be it further enacted by the authority aforesaid, That Section twenty-five (25) of said Act be amended by striking the word sixteen in line ten (10) and substituting in lieu thereof the words twenty-eight; That Section twenty-seven (27) of said Act be amended by striking the lines eight (8), nine (9), ten

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(10) and that portion of line eleven (11) preceding the word if and by adding to said Section twenty-seven (27) after the word panel and before the word the in line fifteen (15) the following words: whenever a jury shall have been selected as hereinbefore provided, a new panel of sixteen (16) shall be made from the remaining jurors, from which another jury may be stricken in the same manner as before provided. SEC. 5. Be it further enacted by the authority aforesaid, That Section two (2) be amended by striking lines six (6), seven (7), eight (8) and that part of nine (9) preceding the word the and substituting in lieu thereof, the words for the unexpired term. SEC. 6. Be it further enacted by the authority aforesaid, That Section two (2) be amended by striking five in line twenty-six (26) and substituting in lieu thereof for the first word five the word three and for the second word five the word two. SEC. 7. Be it further enacted by the authority aforesaid, That Section three (3) be amended by striking the word five in line eleven (11) of said paragraph and substituting in lieu thereof the word three (3), and striking the word five in line twelve (12) and substituting in lieu thereof the word two. SEC. 8. Be it further enacted by the authority aforesaid, That Section one (1) of an Act, amendatory of the Act creating the city court of Abbeville approved August 22d, 1907, amended by striking out at the end of said Section one (1) the words in said city court of Abbeville and inserting in lieu thereof, the words in Wilcox county.

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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 16, 1909. ABBEVILLE, CITY COURT OF, ACT CREATING AMENDED. No. 253. An Act to amend an Act entitled, An Act to establish the city court of Abbeville, in and for the county of Wilcox, 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 on August the 15th, 1906, and an Act amendatory thereof. To change the jurisdiction of the said city court of Abbeville; to abolish the monthly terms thereof; to provide for the disposition of cases pending in said court returned to the monthly terms thereof; to provide for the drawing of 28 jurors, providing for a panel of 16; regulating the number of pre-emptory strikes allowed to the State and defendant in criminal cases and to the plaintiff and defendant in civil cases; to change the term of office of the judge and solicitor when held by appointment in cases of vacancy; to change the qualifications of the judge and solicitor; to prohibit the judge of said city court of Abbeville from practicing law in Wilcox 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 an Act approved on August the 15th, 1906, establishing the city court of Abbeville,

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be amended as follows: That in line nine (9) in Section one (1) of said Act the word fifty be stricken and the word one hundred be substituted in lieu thereof; and that beginning at the word provided in line twenty-seven (27) of Section one (1) of said Act, the remainder of the Section be stricken, and in lieu thereof the following be substituted: The city court of Abbeville shall have jurisdiction in all cases, whatever the amount involved, where no jurisdiction is vested in the justice courts, unless exclusive jurisdiction is by law vested in some other court. Abbeville, City Court of, act creating amended. SEC. 2. Be it further enacted by the authority aforesaid, That Section ten (10) of said Act providing for monthly terms of said court be stricken in full; and that part of Section eight (8) beginning at the word and in line nine (9) and ending with $100 in line fourteen (14) also in line fifteen (15) strike the words is more than $100, but, and that part of Section eleven (11), lines four (4) and five (5) with reference to monthly term cases; also that part of Section thirteen (13) beginning at the word provided in line five (5) relating to the filing of monthly term cases be stricken; also that part of Section twenty (20) beginning at the word provided in line nine (9) striking all the remainder of said Section twenty (20). SEC. 3. Be it further enacted by the authority aforesaid, That all cases now pending and not disposed of in the said city court of Abbeville filed to the monthly terms thereof, shall be tried and disposed of at the quarterly terms. SEC. 4. Be it further enacted by the authority aforesaid, That Section twenty-five (25) of said Act be

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amended, by striking the word sixteen in line ten (10) and substituting in lieu thereof the words twenty-eight, that Section twenty-seven (27) of said Act be amended by striking the lines eight (8), nine (9), ten (10) and that portion of line eleven (11) preceding the word if and by adding to said Section twenty-seven (27) after the word panel and before the word the in line fifteen (15) the following words: Whenever a jury shall have been selected as hereinbefore provided, a new panel of sixteen (16) shall be made from the remaining jurors, from which another jury may be stricken in the same manner as before provided. SEC. 5. Be it further enacted by the authority aforesaid, That Section two (2) be amended by striking lines six (6), seven (7), eight (8), and that part of nine (9), preceding the word the and substituting in lieu thereof the words, for the unexpired term. SEC. 6. Be it further enacted by the authority aforesaid, That Section two (2) be amended by striking the words five in line twenty-six (26) and substituting in lieu thereof for the first word five (5) the word three (3) and for the second (2) word five (5) the word two (2). SEC. 7. Be it further enacted by the authority aforesaid, That Section three (3) be amended by striking the word five in line eleven (11) of said paragraph and substituting in lieu thereof the word three and striking the word five in line twelve (12) and substituting in lieu thereof the word two. SEC. 8. Be it further enacted by the authority aforesaid, That Section one (1) of an Act, amendatory of the Act creating the city court of Abbeville approved

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August 22nd, 1907, amended by striking out at the end of said Section one (1) the words in said city court of Abbeville, and inserting in lieu thereof the words in Wilcox county. SEC. 9. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1909. NOTE BY THE COMPILER.The foregoing Act is a duplicate of the preceding Act, No. 254. Both were regularly passed and signed and enrolled copies of same are on file in the office of the Secretary of State. BARNESVILLE, CITY COURT OF, ABOLISHED. No. 83. An Act repealing an Act, approved December 19, 1899, creating the city court of Barnesville in Pike county. Said Act beginning on page 332 and ending on page 349, and all amendments to said Act. 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 Act approved December 19th, 1899, creating the city court in the city of Barnesville, Pike county, and all Acts amending said Act are hereby repealed. Barnesville, City Court of, abolished. SEC. 2. Be it further enacted, That all judgments and executions heretofore rendered in and by said city court of Barnesville are hereby kept alive and of full force and vigor, and that all such executions and all mesne and final processes from said city court which

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have not been executed, shall be returnable to the Superior Court of the county of Pike, and all claims, illegalities and other issues arising from the execution of such processes and fi. fas., shall be returnable and determinable as though same had issued from the Superior Court of the said county of Pike. Business of transferred to Superior Court of Pike County. SEC. 3. Be it further enacted, That all such mesne and final processes and execution from said city court which have not been executed when this Act goes into effect, may be executed by the officer having the authority to execute similar processes and executions from the Superior Court of said county of Pike. SEC. 4. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1909. BAXLEY, CITY COURT OF, ACT CREATING AMENDED. No. 122. An Act to amend an Act, approved December 1, 1897, entitled, An Act to establish the city court of Baxley in Appling 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 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 authority of the same, That Section 2 of the Act approved

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December 1, 1897, entitled An Act to establish the city court of Baxley in Appling 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 pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, be and the same is hereby amended by adding thereto the following: Provided, That said city court shall not have jurisdiction over any suits in which the principal amount involved, exclusive of interests is less than (50) dollars, except trover suits, so that said Section when amended shall read as follows: Be it further enacted by the authority aforesaid, That said city court of Baxley 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 of Georgia that in all cases brought in said city court for the principal sum of one hundred ($100.00) dollars or less, the defendant shall not be liable to pay more than justice court costs, provided, that said city court shall not have jurisdiction over any suits in which the principal amount involved, exclusive of interest, is less than fifty ($50.00) dollars, except trover suits. City Court of Baxley, jurisdiction of. SEC. 2. Be it further enacted, That said Act, approved December 1, 1897, be, and the same is, hereby further amended by striking from Section 11 of said Act the words April, June, August, October, December, February, and inserting in lieu thereof the words January, April, July and October, so that said Section, when amended, shall read as follows:

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Be it further enacted by the authority aforesaid, That the regular terms of said city court of Baxley shall be held on the first Monday in January, April, July and October of each year. The judge shall have power to hold said court in session from day to day for a period of not longer than four weeks from the beginning of each term. Terms of. SEC. 3. Be it further enacted, That this Act shall go into effect on January 1st, 1910. 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 13, 1909. BAXLEY, CITY COURT OF, ACT CREATING AMENDED. No. 108. An Act to amend an Act, approved December 1, 1897, entitled An Act to establish the City Court of Baxley, in Appling 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 pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, and the Act approved August 22d, 1905, amendatory thereof, and the several Acts amendatory thereof, so as to change the term of office of the judge of 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 aforesaid Act as amended by the Act approved August 22, 1905, be and the same is

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hereby amended as follows: by striking from the fourth line of said Section as amended, the word four and inserting in lieu thereof the word one; so that said Section when amended shall read as follows: City Court of Baxley. Be it further enacted by the authority aforesaid, That there shall be a judge of the said city court of Baxley, who shall be elected by the qualified voters of the county of Appling at the last general election for county officers to be held before his term of office shall begin, whose term of office shall be one year, and all vacancies 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 then be 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. The judge of said city court of Baxley shall receive a salary of eight hundred dollars ($800) per year, 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 Appling. Judge, election and salary. SEC. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall go into effect on the first day after the expiration of the term of office of the present judge of the city court of Baxley. 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 13, 1909.

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CALHOUN COUNTY, CITY COURT OF, ACT CREATING AMENDED. No. 1. An Act to amend an Act approved August 21, 1906, entitled An Act to create a city court in and for the county of Calhoun; to define its powers, jurisdiction, procedure and practice, to provide for a judge, solicitor and other officers of said court; to provide compensation of said officers, and for other purposes; said city court to be located and held at Morgan, Ga., the county site of Calhoun county, so as to change the qualifications of the solicitor of said city court, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 6 of the Act recited in the caption be, and the same is, hereby amended by striking from said Section the following words, to-wit: Must have been a resident of said county for at least six months next preceding his appointment, and insert in lieu thereof the following words, to-wit: Must be a resident of said county at the time of his appointment, so that said Section when amended will read as follows: City Court of Calhoun county. Section 6. Be it further enacted, That the solicitor of said city court shall be at least twenty-five years old, must be a resident of said county at the time of his appointment, and must be a practicing attorney for at least one year at the time of his appointment. Before entering upon the duties of office the solicitor shall take and subscribe the following oath, to-wit: I do solemnly swear that I will support and maintain the Constitution of the United States and the Constitution and

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laws of Georgia, and that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Calhoun county; so help me God, which oath shall be filed in said court and recorded on the minutes. Solicitor; qualifications and oath. 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, 1909. CARROLLTON, CITY COURT OF, ACT CREATING AMENDED. No. 12. An Act to amend an Act entitled, An Act to establish a city court in the city of Carrollton, in the county of Carroll; to define its jurisdiction; to provide officers therefor, and to prescribe their duties and powers, and for other purposes pertaining thereto; approved December 21st, 1897, so as to provide that defendants in criminal cases in said city court shall not have the right to indictment by the grand juries of said county, and to prescribe the procedure in the trial of criminal cases in 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 the authority of the same, That An Act to establish a city court in the city of Carrollton in the county of Carroll; to define its jurisdiction; to provide officers therefor, and to prescribe their duties and powers and for

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other purposes pertaining thereto, approved December 21st, 1897 be and the same is hereby amended by striking all of Section 24 of said Act after the word, State in the 11th line of said Section, and inserting in lieu thereof the following: No defendant in criminal cases in said city court shall have the right to demand an indictment by the grand jury. Before the arraignment of the defendant, said judge shall inquire of him whether he demands a trial by jury, and his response shall be endorsed on said accusation and signed by the prosecuting officer of said court. If the defendant demands a trial by jury, the judge shall admit the defendant to bail, to appear at the next regular term and from term to term of said city court, or upon failure of defendant to give bond, shall commit him to jail; provided, that when the next regular term of said city court is held within ten days after the arrest of the defendant on warrant issued from said city court, or after the defendant is bound over to said city court, and he demands trial by jury, he shall not be tried at the next term of said city court except by consent of the accused and the State, but his trial shall be postponed to the next succeeding term of said city court. If the defendant waives trial by jury, then the said judge shall call a special session of said city court and proceed to hear and determine said case conformably to the law governing Superior Courts; provided, that a reasonable time shall be granted to the State and the accused to procure witnesses and prepare for trial, so that said Section 24 of said Act, as hereby amended, shall read as follows: SEC. 24. Be it further enacted, That defendants in criminal cases in said city court may be tried on written accusation setting forth plainly the

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offense charged, founded on affidavit made by the prosecutor before the judge of said city court, and said accusation shall be signed by the prosecutor and the prosecuting officer of said city court. Upon such affidavit and accusation being made and signed and filed in the clerk's office of the said city court, it shall be the duty of the judge of said city court to issue a warrant for the apprehension and arrest of the defendant, directed to the sheriff and his deputies of said city court, and to all and singular the sheriffs and constables of this State. No defendant in criminal cases in said city court shall have the right to demand an indictment by the grand jury of Carroll county. Before the arraignment of the defendant said judge shall inquire of him whether he demands a trial by jury, and his response shall be endorsed on said accusation and signed by the prosecuting officer of said court. If the defendant demands a trial by jury, said judge shall admit the defendant to bail, to appear at the next regular term, and from term to term, of said city court, or upon failure of the defendant to give bond, shall commit him to jail; provided, that when the next regular term of said city court is held within ten days after the arrest of the defendant on warrant issued from said city court, or after the defendant is bound over to said city court, and he demands trial by jury, he shall not be tried at the next term of said city court except by the consent of the accused and the State, but his trial shall be postponed to the next succeeding term of said city court. If the defendant waives trial by jury, then the said judge shall call a special session of said city court and proceed to hear and determine such case conformably to the law governing Superior Courts; provided, that

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a reasonable time shall be granted to the State and the accused to procure witnesses and prepare for trial. City Court of Carrollton. Trials in criminal cases. 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 2, 1909. COLUMBUS, CITY COURT OF, ACT CREATING AMENDED. No. 105. An Act to amend an Act entitled, An Act to establish a city court in the city of Columbus for Muscogee county, and to provide for the appointment of a judge and solicitor thereof, and for other purposes, approved December 20th, 1884, and the several Acts amendatory thereof; so as to change and fix the salary of the judge of said court and provide for the payment 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 Section two of the above recited Act, approved December 20th, 1884, be, and the same is hereby changed and amended as follows: By striking from said Section the words twelve hundred wherever the same occur therein, and inserting in lieu thereof the words eighteen hundred; and by striking from said Section the word quarterly whenever the same occurs therein, and inserting in lieu thereof the words monthly, in sums of one hundred and fifty dollars, per month. So that said Section as changed and amended shall be, and read as follows: City Court of Columbus.

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Sec. 2. Be it further enacted, That there shall be a judge of said city court, who shall be appointed by the Governor, by and with the advice of the Senate, who shall hold his office for the term of four years. All vacancies in said office shall be filled by appointment by the Governor, for the balance of the unexpired term; but should a vacancy occur when the Senate shall not be in session, the Governor shall appoint to fill such vacancy, and submit such appointment to the Senate which shall next thereafter convene. The judge of said city court shall receive a salary of eighteen hundred dollars per annum, which shall not be diminished during his continuance in office; which shall be paid monthly, in sums of one hundred and fifty dollars ($150) per month, by the treasurer of the county of Muscogee; and it shall be the duty of the Ordinary, or commissioners of said county or other proper officer, to make provision annually in levying taxes for this purpose, and no one shall be appointed judge of said court who is at the time of his appointment under twenty-five years of age, and who has not been a practicing lawyer six years, and who has not been a resident of said county four years, and he shall receive no other compensation for his services, except as hereinafter expressed; and before entering upon the discharge of his duties he shall take and subscribe an oath to be prescribed by the Governor, and annexed to his commission, for the faithful discharge of the duties of his office. Judge, appointment and salary. 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, 1909.

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DALTON, CITY COURT OF, ABOLISHED. No. 2. An Act to repeal an Act entitled, An Act to establish the city court 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 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 23d, 1905, and to abolish the city court of Dalton; to provide for the disposition of all books, papers, records, dockets, minutes, suits pending therein, and all matters pertaining 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 from and after the approval of this Act as hereinafter provided, an Act entitled, An Act to establish the city court 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 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 23d, 1905, be, and the same is, hereby repealed. City Court of Dalton abolished. SEC. 2. Be it further enacted, That from and after the approval of this Act, as hereinafter provided, said city court of Dalton as established under and by virtue of said Act be and the same is abolished.

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SEC. 3. Be it further enacted, That all cases pending in said city court when this Act shall become effective which as to amount and subject matter involved are within the jurisdiction of the justice courts of this State, shall be transferred to the justice courts or court in the county of Whitfield which would have had jurisdiction at the time such suit was brought, had it been brought in justice court; and that all other cases and suits of any and all kinds shall be transferred to the Superior Court of Whitfield county; and that the first term of said court after this Act shall become effective shall be trial term for all such civil cases brought to the November term, 1909, of the city court of [Illegible Text], or to some term prior thereto. All mesne and final processes from the city court of Dalton which have not been executed shall be returnable to the Superior Court of Whitfield county, except those involving matters within justice court jurisdiction, which shall be returnable to the justice court having jurisdiction thereof, and all claims, illegalities and other issues arising from the execution of said processes shall be returnable as though issued from the court having jurisdictioni thereof after this Act shall go into effect. Business transferred to Justices Courts and Superior Court of Whitfield county. SEC. 4. Be it further enacted, That all criminal causes founded upon indictment pending in the city court of Dalton when this Act shall become effective shall be transferred to the Superior Court of Whitfield county, and that all criminal causes founded upon accusation pending therein shall be at once heard by some justice of the peace of the county aforesaid, who shall have power to bind over the accused for his appearance at the next term of the Superior Court of Whitfield county, or to discharge, in the same manner as if

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brought before him upon a warrant; provided, that where the accused has been regularly bound over upon a warrant to the city court of Dalton or has given bond for his appearance before that court such committal or bond shall be considered valid to secure his presence at the next term of the Superior Court. Transfer of criminal cases. SEC. 5. Be it further enacted, That such motions for new trial as may be pending in the city court of Dalton when this Act becomes effective shall be heard by the judge of the Superior Courts of the Cherokee circuit; and that when, after this Act becomes effective, judgment is rendered by the Supreme Court of Georgia or the Court of Appeals of Georgia, in any case pending therein from the city court of Dalton, the clerk of the higher court shall send the remittitur in said case to the clerk of the Superior Court of Whitfield county, where it shall be made the judgment of said court as having jurisdiction therein. Provided, if the judgment be reversed, and suit is such as is within the jurisdiction of justice courts, said suit shall then be transferred to the proper justice court as hereinbefore provided. Motions for new trial, by whom heard. Remittiturs of Supreme Court and Court of Appeals. SEC. 6. Be it further enacted, That all dockets, minutes, recoreds, books and papers of the city court of Dalton except such as concern justice court suits, shall be held by the clerk of the Superior Court of Whitfield county as part of the records of that court. Disposition of records. SEC. 7. Be it further enacted, That the provisions of this Act shall not become operative until ratified by a majority of these voting at an election to be held on the first Tuesday in October, 1909, in the same manner, and under the same restrictions, as general elections are held. The registration lists of the county of

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Whitfield, used in the last general election, after being revised by the registrars of the county of Whitfield, shall be used in said election. Said election shall be held in and for the county of Whitfield, and at said election those favoring the abolition of said court shall have written or printed on their ballots the words, Against City Court, and those opposed to the abolition of the city court shall have written or printed on their ballots the words, For City Court. Returns of said election shall be made to the Ordinary of Whitfield county, who shall consolidate the same, and publish the result in the newspaper in which sheriff's sales are advertised in Whitfield county. If a majority of the qualified voters voting at said election shall vote Against City Court, then the provisions of this Act are to become operative January 1st, 1910. Ratification of act. 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 July 24, 1909. DANIELSVILLE, CITY COURT OF, REPEAL OF ACT CREATING. No. 68. An Act to repeal the Act entitled, An Act to establish the city court of Danielsville, in the city of Danielsville, in and for the county of Madison, approved August 17, 1908, after the repeal thereof shall have been submitted to the qualified voters of Madison county, and after a majority of said qualified voters shall have voted in favor of abolishing

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said court; to provide for the disposition of the business pending in said court, 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 to establish the city court of Danielsville in the city of Danielsville, in and for the county of Madison, approved August 17, 1908, and contained in the published Acts of the General Assembly of this State, Acts of 1908, beginning on page 119 and ending on page 134, be and the same is hereby repealed, and that the city court of Danielsville is hereby abolished; provided, that this Act shall not take effect until it has been ratified by a majority of the qualified voters of Madison county voting in an election to be held for that purpose as hereinafter provided. SEC. 2. Be it further enacted by the authority aforesaid, That an election shall be held on the first Saturday in October, 1909, at all the election precincts of Madison county, at which election there shall be submitted to the qualified voters of MAdison county the question as to whether the city court of Danielsville shall be abolished. All voters voting in favor of abolishing said city court shall have plainly written or printed on their ballots the words For abolishing the city court, and all voters voting against abolishing the said city court shall have plainly written or printed on their ballots, Against abolishing the city court. Said election shall be held by managers appointed by the Ordinary, and shall be conducted under the same rules and regulations as elections for county officers are held and conducted, and said managers shall report the ballots and the result of the election to the Ordinary, who shall

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immediately thereupon declare the result. And if the result of said election should be in favor of abolishing the said city court of Danielsville, then this Act shall go into effect on January 1st, 1910, and from and after that date, said city court of Danielsville shall cease to exist. Every person in said county who was legally qualified to vote at the last election for Governor and State House officers and all persons who have since become qualified shall be qualified to vote at the election called by this Act and a majority of the qualified voters voting in the election last named shall be necessary for the ratification of this Act. Danielsville, City Court of, repeal of act creating. SEC. 3. Be it further enacted by the authority aforesaid, That all the business now pending in the said city court, both civil and criminal, be transferred for trial and final disposition to the superior court for said county, and the judge of the city court of Danielsville or the clerk thereof is hereby directed to turn over all the papers in all the cases, civil and criminal, pending in said city court to the clerk of the Superior Court in and for said county. Transfer of business. 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 11, 1909. DAWSON, CITY COURT OF, REPEAL OF ACT CREATING. No. 53. An Act to repeal an Act of the General Assembly of Georgia, approved December 28th, 1898, creating the city court of Dawson, and all amendments thereto,

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for the county of Terrell, and to provide for the transfer of all cases pending therein to the Superior Court of said county. And further providing that the said Act abolishing the said city court of Dawson, shall not go into effect and become operative when passed, until after an election shall have been held by the people of Terrell county, and a majority of the qualified voters of said county shall have voted to abolish the same. And to provide the time of calling said election, and the manner of holding same. 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 28th, 1898, entitled, An Act creating and establishing the city court of Dawson, in and for the county of Terrell, and all amendments thereto, are hereby repealed. Provided, however, that this Act shall not go into effect, and said court shall not be abolished until the provisions hereof shall have been approved by a majority of the qualified voters of said county of Terrell, in the manner hereinafter pointed out. At the general election to be held for the election of Governor and State house officers to be held on the first Wednesday in October, 1910, the question as to whether the said court shall be abolished or not, shall be submitted to a vote of the qualified electors of said county of Terrell. Dawson, City Court of, repeal of act creating; Ratification of this act. Each person wishing to vote for the abolishment of said court shall have plainly written or printed on his ballot Against the city court of Dawson. And each person desiring to vote for maintaining said court, shall have written or printed on his ballot For the city court of Dawson. If a majority of votes cast at said

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election be For the city court of Dawson, then this bill shall be of no force or effect. If a majority of the votes cast shall be Against the city court of Dawson, then the said Act shall become operative and of full force and effect on December 10th, 1910. The managers of said election are required to certify the result, herein provided for to the Ordinary of Terrell county, Georgia, within three days after the same has been held, and he is authorized to declare the result thereof. SEC. 2. Be it enacted by authority aforesaid, That all mesne and final process, which has not been executed, and all claims and illegalities and other issues arising from the execution of such process, then pending in the said city court shall be returned to the Superior Court of Terrell county, as though it had originally issued from said Superior Court. Processes, etc., returnable to Terrell Superior Court. SEC. 3. Be it enacted by authority aforesaid, That all civil cases which may then be pending in said city court, and all criminal prosecutions, together with all papers, warrants, bonds, dockets, minutes, records, of the city court of Dawson, shall be turned over to the clerk of the Superior Court of Terrell county, and that the Superior Court of Terrell county shall have jurisdiction to dispose of the same, as though originally filed therein. Disposition of business. SEC. 4. 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 10, 1909.

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DAWSON, CITY COURT OF, ACT CREATING AMENDED. No. 109. An Act to amend an Act approved December 25, 1898, establishing the city court of Dawson. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act establishing the city court of Dawson, approved December 25, 1898, be, and the same is, hereby amended by striking the word not in the sixth line of Section thirty-second, so that said Section when amended shall read as follows: City Court of Dawson, act creating amended. That defendants in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecutor and signed by the solicitor of said city court and in all criminal cases within the jurisdiction of said city court the defendant shall have the right to demand an indictment by the grand jury of Terrell county. All proceedings after accusation shall conform to the rules governing like cases in the Superior Courts except there shall be no jury trial unless demanded by the accused as herein before provided. Trial of criminal cases. In all cases tried the accusation shall set forth the offense charged with the same particularly, both as to matter of form and substance as is required by the laws and rules of criminal proceedings to be observed in bill of indictment in the Superior Court. 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 13, 1909.

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DUBLIN, CITY COURT OF, ACT CREATING AMENDED. No. 61. An Act to amended 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 6, 1900, and the Acts amendatory thereof, so as to provide for the rendering of default judgment at the first term to which a case is brought when no answer or defense is filed, to fix a time for calling the appearance docket at the quarterly term of said court, and to fix stenographer's fees, 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 the Acts amendatory thereof, be and the same are hereby amended by adding after the sentence, All other causes and proceedings must be brought the quarterly terms, and stand for trial at the first or Section terms as similar causes would be tried in the Superior Courts and before the succeeding sentence in Section 7 of said Act, the following: Except that the first term of

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said court to which a case is brought shall be the trial and judgment term in all causes in which no answer or defense is filed prior to the calling of the appearance docket by the judge of said court. The appearance docket shall be called on the second day of the regular quarterly term of said court, but if for any reason any regular quarterly term of said court shall not be held for more than one day, then the judge of said court shall fix a time for the calling of the appearance docket of such term. In all cases in which no answer or defense is filed as hereinbefore provided, the judge on such call of the appearance docket shall mark the same `In default.' All cases so marked shall then be ripe for trial and judgment. So that when amended Section 17 of the said Act shall read as follows: City Court of Dublin, act creating amended. Sec. 17. Be it further enacted, That in said city court the same rules of procedure, service, pleadings and practice shall govern, as for the time being obtain in the Superior Court, except as otherwise provided in this Act; and whenever and in all cases where the rules of the Superior Courts can not be made applicable on account of the difference of the Constitution of said courts, then the city court judge may make and promulgate rules to govern such cases. Suits for not over one hundred dollars principal, and all issues and proceedings, when not over one hundred dollars in value is involved shall be returnable to the monthly sessions of said court, and stand for trial at the first term by the judge without the intervention of a jury; provided, that in any such case where more than fifty dollars, principal is involved, and an issuable defense is filed on oath, and a jury is demanded, such case shall be transferred to the next quarterly term of said court, and shall there stand for trial

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by a jury. Ordinary suits brought to said monthly sessions shall be filed in the clerk's office of said court at least 15 days before the term to which they are returnable, and the same shall be served at least ten days before said term. All other causes and proceedings must be brought to the quarterly terms, and stand for trial at the first or second term, as similar causes would be tried in the Superior Courts, except that the first term of said court to which a case is brought shall be the trial and judgment term in all causes in which no answer or defense is filed prior to the calling of the appearance docket by the judge of said court. The appearance docket shall be called on the second day of the regular quarterly terms of said court, but if for any reason any regular quarterly term of said court shall not be held for more than one day, then the judge of said court shall fix a time for the calling of the appearance docket of such term. In all cases in which no answer or defense is filed, as hereinbefore provided, the judge, on such call of the appearance docket shall mark the same in default. All cases so marked shall then be ripe for trial and judgment. All judgments obtained in said city court shall be a lien on all the property of the defendants throughout the State in the same manner as judgments of the Superior Courts are. All laws upon the subject of attachment and garnishment in the Superior Courts of this State shall apply to said city court so far as the nature of the city court shall 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 Courts, and all attachments returnable to the city court of Dublin shall

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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 any sheriff or constable of this State, or other officer authorized by law to levy attachments returnable to other courts. Garnishment proceedings in said city court shall be conformable to the laws in the State on the subject in the Superior Court. Procedure. SEC. 2. Be it further enacted, That Section 42 of said Act be amended by striking from the fourteenth line of said Section the words five dollars, and inserting in lieu thereof fifteen dollars, so that said Section when amended shall read: Section 42. Be it further enacted, That there shall be a stenographer of said city court of Dublin, appointed by the judge thereof, and all civil cases in said court shall be reported at the request of either the plaintiff or defendant, and the fees for reporting such cases to be the same as allowed for similar service in the Superior Courts, to be paid by the plaintiff and the defendant equally, and in final disposition of case to be taxed against losing party as other costs. And said stenographer shall have the right to enforce the payment of his fees as in the Superior Courts. Said stenographer shall also report all criminal cases when either the defendant or the State's attorney demand it, and whenever the judge, in his discretion, shall require any criminal cases reported, whether either party demands it or not. Said stenographer shall be paid for his services in reporting all criminal cases, fifteen dollars for each day's work while actually engaged in reporting and transcribing his stenographic notes. The fees of

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said stenographer to be paid out of the funds of Laurens county by the treasurer thereof. In case of acquittal of defendant, and in case no motion is made for new trial or bill of exceptions sued out to the Supreme Court or Court of Appeals, said stenographer shall receive no compensation for transcribing his notes in such cases. Stenographer. SEC. 3. 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 August 10, 1909. EASTMAN, CITY COURT OF, ACT CREATING AMENDED. No. 257. An Act to amend an Act approved August 23rd, 1905, 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. Also, to amend an Act approved August 10th, 1906, entitled An Act to amend 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, That said Act creating the city court of Eastman, approved August 23rd, 1905, be, and the same is, hereby amended as follows: By striking from Section 6 of said Act, the following language, to-wit: The

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fees of such solicitor shall be the same as is now provided for solicitors-general of the Superior Courts of this State, and to insert in lieu thereof of the words so stricken, the following: The solicitor of the said city court of Eastman shall receive a salary of one thousand dollars ($1,000.00) 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 Dodge, and the county authority shall levy a tax for the purpose of this Act. City Court of Eastman, act creating amended. Salary of the Solicitor. SEC. 2. That said Act above recited be further amended as follows: By striking Section 23 of said Act, and by inserting in lieu thereof the following, which shall be known and adopted as Section 23 of said Act, to-wit: That traverse jurors in the city court of Eastman shall be procured in the following manner: The clerk of the Superior Court shall be ex-officio clerk of the city court of Eastman, shall provide a city court jury box, similar to the traverse jury list of the Superior Court, and shall write upon separate sheets of paper or cards, the names of each person upon the grand jury list of the Superior Court, and each person upon the traverse jury list of the Superior Court, and shall place said names of all persons upon said Superior Court list in the city court jury box, from which shall be drawn traverse jurors to serve in the city court of Eastman, except the judge of said city court shall only draw twenty-four jurors out of said box to serve, which shall constitute two panels, and shall be numbered one and two, and the sheriff of said court shall receive the sum of two dollars for summoning said jurors, and the judge of said city court of Eastman shall have the power to summon as many jurors instanter, as is necessary

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for the trial of any case in said city court when one or more panels shall be out on any case when another jury case is called and parties thereto announce present. Jurors in the city court of Eastman 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 paid, or hereafter may be paid. Traverse jurors. SEC. 3. That said Act creating the said city court of Eastman be further amended as follows: By striking all of said Section 24 of said Act, and in lieu thereof, the following be inserted: That all laws with reference to the qualification, empannelling, challenging and fining of jurors now of force or hereafter enacted, regulating the same in the Superior Courts, shall apply to and be observed in said city court, except when inconsistent with this Act. In all cases where issues are to be tried by jury, the parties shall be entitled to sixteen jurors from which to strike. In civil cases each party shall be entitled to three peremptory challenges, and in criminal cases the defendant shall be entitled to five peremptory challenges, and the State three, and all laws governing the Section of jurors in the Superior Courts shall apply to the city court of Eastman, except when they are inconsistent with the provisions of said Act, and during the sessions of each quarterly term of said court, the judge presiding in said court shall in open court draw from the jury box, provided for that purpose, twenty-four jurors, who shall constitute the jury for the next quarterly term thereof; provided, if from any cause the jury shall not be drawn as aforesaid, the judge of said city court may draw them at some other time. Selection of juries.

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SEC. 4. Be it further enacted, That Section 25 of said Act creating said court be amended as follows: By striking from the seventh line of said Section, wherein it occurs, the words twelve men and inserting therein the words eight men. SEC. 5. Be it further enacted, That all portions of Section 1, of the amendatory Act, approved August 10, 1906, wherein it refers to fees to be paid the solicitor, be, and the same is, hereby stricken, and that in lieu thereof, said solicitor receive the salary of one thousand dollars ($1,000.00) as before recited in this Act. Salary of the Solicitor. SEC. 6. Be it further enacted, That Section 3 of said amendatory Act be amended as follows: By striking the following lines and the language, in all civil cases where issues are to be tried by jury, the party shall be entitled to twenty jurors from which to strike, and in both civil and criminal cases, each party shall be entitled to four peremptory challenges, so that Section, when amended, shall read as follows: Be it enacted by the authority aforesaid, In all cases which are to be tried by jury, the party shall be entitled to sixteen jurors from which to strike, and in civil cases each party shall be entitled to three peremptory challenges, and in criminal cases the defendant be entitled to five peremptory challenges, and the State three peremptory challenges. Challenges to jurors. 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 16, 1909.

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FITZGERALD, CITY COURT OF, ACT CREATING AMENDED. No. 145. An Act to amend an Act to establish the city court of Fitzgerald, in the city of Fitzgerald, in and for the county of Ben Hill; to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, to define the powers and duties of a judge and the other officers thereof, and for other purposes, aproved August 27th, 1907, by providing for the election of the judge and solicitor of said court by the voters of Ben Hill 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 the aforesaid Act be amended by striking therefrom Section 2 of said Act, and inserting in lieu thereof the following: City Court of Fitzgerald, act creating amended. 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 voters of Ben Hill county, Georgia, qualified to vote for members of the General Assembly, said elections to be held at the same time, under the same rules and regulations, and in connection with the general election of State and county officers in October of each and every alternate year. The first election under this provision shall be at the general election for State and county officers in October, 1910, and the term of office of the judge then elected shall begin on the first day of January, 1911, and shall continue for two years, and until his successor shall be elected and qualified.

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The judge of said court shall be commissioned by the Governor of the State; and all vacancies in the office of judge shall be filled by appointment by the Governor for the residue of the unexpired term, and any such appointment shall be valid and effective without being submitted to or confirmed by the Senate. The judge of said city court shall receive a salary of fifteen hundred dollars per annum, until January 1, 1911, which salary shall be paid monthly by the treasurer of Ben Hill county. After January 1, 1911, the salary of the judge of the city court of Ben Hill county shall be $1,200.00 per annum, which salary shall be paid monthly by the treasurer of Ben Hill county, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officers, to make provision annually for the payment of such salary by the levy of taxes sufficient for this purpose. The said judge shall receive no other compensation, but may practice law in any court except his own. Provided, however, that the Governor shall appoint and commission a judge of said court whose term of office shall begin at the expiration of the term of office of the present judge of said court, and shall continue until the first day of January, 1911, and such appointment shall be valid and effective whether it be made before or after the passage of this Act. Judge, election and salary. SEC. 3. Be it further enacted by the authority aforesaid, That the aforesaid Act be amended by striking therefrom Section 4 of said Act, and by inserting in lieu thereof the following: SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court who shall be elected by the voters of Ben Hill county qualified to vote for members of the General Assembly

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of Georgia, said election shall be held at the same time, under the same rules and regulations and in connection with the general election of State and county officers in October of each and every alternate year. Said solicitor shall be commissioned by the Governor, and his term of office shall be for two years, and until his successor shall be elected and qualified. The first election under this Act shall be held in connection with the general election of State and county officers in October, 1910, and the term of office of the solicitor then elected shall begin the first day of January, 1911, and shall continue for two years, and until his successor shall be elected and qualified; all vacancies in said office shall be filled by appointment by the Governor for the remainder of the unexpired term, and any such appointment shall be valid and effective without being submitted to or confirmed by the Senate. No one shall be eligible for election to the office of solicitor of said county unless at the time of such election, such person shall be at least twenty-five years old, and a resident of the territory now embraced in the county of Ben Hill, and shall have been regularly engaged in the practice of law for a period of at least two years. The duties of said solicitor shall be to prosecute in said court all persons properly brought into court for trial charged with any criminal offense coming within the jurisdiction of said court; and also to represent the State in the Court of Appeals of Georgia, or the Supreme Court of Georgia in all cases originating in said city court, or coming into the said city court for trial by transfer from the Superior Court of Ben Hill county. The said solicitor shall receive for his services a salary of twelve hundred dollars per annum until January 1st, 1911, to be paid monthly

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by the treasurer of Ben Hill county. After January 1st, 1911, the salary of the solicitor general of the city court of Ben Hill county shall be $1,000.00 per annum, and paid in the manner heretofore and hereafter described in this bill. The salary of said solicitor shall be paid from the funds arising from the fines and forfeitures of the said court, whenever and so long as there may be a sufficient amount of such funds in the hands of said treasurer. Should there at any time when said salary may become due be not enough of such funds in the hands of said treasurer to pay said salary, then the amount lacking, after such funds have been exhausted, shall be made up and paid out of any other funds in the hands of said treasurer. In the absence or disqualification of said solicitor, the judge of said court shall appoint a member of the bar in said Ben Hill county solicitor pro tem, who shall be clothed with all the powers, and perform the duties of the solicitor of said court during the time of such appointment, and he shall receive for every case finally disposed of in said court, founded upon open accusation or indictment, a fee of ten dollars, to be paid by the treasurer of Ben Hill county, upon certificate or order of the judge of said county. In addition to the above, the solicitor shall receive the same fees that are allowed solicitors of Superior Courts of this State for bond forfeitures. There shall be collected in each criminal case tried and disposed of in said court for solicitor's fees the same fees that are allowed solicitor-general for similar services in the Superior Courts of this State, which shall be paid into the treasury of said Ben Hill county. Provided, however, that the Governor shall appoint a solicitor for said city court whose term of office

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shall begin at the expiration of the term of office of the present solicitor of said court and shall continue until the first day of January, 1911, and until his successor shall be elected and qualified, and said appointment shall be valid and effective whether it be made before or after the passage of this Act. Solicitor, election, duties and salary. SEC. 3. Be it further enacted by the authority aforesaid, That section 11 of said Act be amended by striking said Section from the Act, inserting in lieu thereof the following: SEC. 11. Be it further enacted by the authority aforesaid, That the regular term of said court shall be held quarterly, beginning on the fourth Monday in August, November, February and May of every year, and the judge may, in his discretion, hold adjourned or special terms of said court whenever the business so demands. He may hold said court at other times than the regular terms for the transaction of criminal business which does not demand a jury, and it shall be his duty to try and dispose of this class of business as soon as possible, consistent with the interest of the State, and the accused, and for this purpose, said court shall always be open and without regard to terms. The city court judge shall have power to hold said court in session from day to day, and adjourn from time to time, as may be required by the business of the court. Terms of Court. 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, 1909.

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HALL COUNTY, CITY COURT FOR, ACT CREATING AMENDED. No. 36. An Act to amend an Act to establish a city court in the county of Hall, and to provide for the appointment of a judge and solicitor thereof, approved August 14, 1891, so as to change the law in regard to the salary of the judge and solicitor of said court and so as to amend and change Section 6 so as to allow the judge to draw thirty-six jurors instead of twenty-four as now provided, and so to amend said Act that all cases stand for trial at the second term after the same are filed, without regard to the amount involved. 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 14, 1891, providing for the establishment of a city court in the county of Hall, and to provide for the appointment of a judge and solicitor thereof, be, and the same is, hereby amended in the 8th, 9th and 10th lines of the second Section of said Act as contained on pages 940 of the published Acts of 1891 by striking out the words five hundred dollars per annum in the 9th and 10th lines of said Section 2, and inserting in lieu thereof the words nine hundred dollars per annum. City Court of Hall County, act creating amended. SEC. 2. Be it further enacted by the authority aforesaid, That Section nine (9) of said Act be amended by adding at the end thereof the following words: And if for any cause the judge presiding in said court shall, in his discretion, deem it proper that there should be a third panel of twelve jurors, he shall have power, either in term time or in vacation, to draw twelve additional

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names to serve as jurors, to serve either at the term at which they are drawn, or at the succeeding term of said court. Juries. SEC. 3. Be it further enacted by the authority aforesaid, That Section 21 of said printed Acts of 1891, page 944, be amended by striking out all of said Section after the words city court, in the first line, and substituting the following: The second term after the declaration is filed shall be the regular trial term. Trial term. SEC. 4. Be it further enacted by the authority aforesaid, That said Act be, and the same is hereby amended by adding the following Section: That from and after the expiration of the present term of the solicitor of said court, the solicitor of said city court shall receive a salary of one thousand ($1,000.00) dollars per annum, and in addition, such fees as he may be entitled to by law by representing the State in any case before the Court of Appeals of the State of Georgia; provided, that all fees for the solicitor, which now, under the law, would be taxed in the bill of costs in any case, shall still be taxed as costs and still be included in the insolvent list where it is now provided by law they should be so included, and shall be paid out of the fines and forfeitures in said court as now provided by law, as if the same were to be paid to the said solicitor, and all such costs and fees shall be collected as now provided by law and shall be paid into the county treasury of Hall county. Salary of the Solicitor. 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 9, 1909.

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HAMILTON, CITY COURT OF, ABOLISHED. No. 55. An Act to repeal an Act entitled An Act to establish the city court of Hamilton, in Harris county, Georgia, 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 pleading and practice and new trials therein and writs of error therefrom, and for other purposes, approved December 8th, 1902, and also to repeal all laws amendatory of or in relation to said 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 authority of the same, That from and after the passage of this Act, an Act entitled an Act to establish the city court of Hamilton, in Harris county, Georgia; 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 pleading and practice and new trials therein and writs of error therefrom, and for other purposes, approved December 8th, 1902, together with the Act approved August 6th, 1903, amending said Act creating said court by providing for the transfer of presentments and bills of indictment found in the Superior Court of said county to said city court, and providing for the disposition of insolvent costs, and for other purposes, and the Act approved July 30th, 1903, prescribing when and how said Act creating said city court shall become operative, and for other purposes, be, and the same are, hereby repealed, and said city court of Hamilton is hereby abolished.

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SEC. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That all causes, civil and criminal, and all other matters now pending in said city court, be, and the same are, hereby transferred to the Superior Court of Harris county, Georgia, and the same shall be tried, determined and disposed of by said Superior Court as like causes and matters are tried, determined and disposed of in the Superior Courts of this State. SEC. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That all dockets, minutes, books and other records, original papers, and all documents and papers of said city court shall be, by the clerk and sheriff of said city court, deposited with the clerk of the Superior Court of said county and there be kept as a part of the records. 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 10, 1909. HAZELHURST, CITY COURT OF ESTABLISHED. No. 127. An Act to establish the city court of Hazlehurst, in and for the county of Jeff Davis, to provide for the appointment or 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.

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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 Hazlehurst be, and the same is, hereby created and established, to be organized, located, and held in the city of Hazlehurst, Jeff Davis county, Georgia, with civil and criminal jurisdiction over the whole county of Jeff Davis, 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 as hereinafter provided, and 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 Jeff Davis; that the jurisdiction herein conferred, shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now, or may hereafter be in use in the Superior Courts, either under the common law or statutes, including among others, attachments and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards proceedings, intruders and tenants holding over partitions of personality, issues upon distress warrants, foreclosures of all liens and mortgages and quo warranto..Provided, that said city court shall not have jurisdiction of any suits against parties residing outside of the 1364th district, G. M., where the amount involved, inclusive of interest, is less than one hundred dollars. City Court of Hazlehurst established. Jurisdiction. SEC. 2. Be it further enacted, That said city court of Hazlehurst shall have jurisdiction of all suits, regardless of the amounts involved or claimed therein, be brought

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to recover personal property, or involving the title to personality; and any and all provisions in this Act limiting the jurisidiction of said court to such 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 for personal property. 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 accusation, ten dollars ($10.00). For every indictment or special presentment finally disposed of in said court, ten dollars ($10.00), 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. The foregoing fees are to be paid out of the funds arising from fines and forfeitures in said court, and the hire of the 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. Fees of the Solicitor. SEC. 4. Be it further enacted, That it shall be the duty of the solicitor of the said city court to represent the State in the Supreme Court or Court of Appeals 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 the solicitor-general for similar services. Fees of the Solicitor for services in the Supreme Court and Court of Appeals. SEC. 5. Be it further enacted, That the clerk of the Superior Court of Jeff Davis 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

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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 ($1,000.00) 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 upon 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 the city court is hereby authorized to appoint a clerk for said court. Clerk. SEC. 6. Be it further enacted, That the sheriff of Jeff Davis 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 dollars ($2,000.00), conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of the said city court, and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event that the sheriff of Jeff Davis county shall fail to qualify as sheriff of the said city court, the judge of said court shall appoint a sheriff for said court. The sheriff of said court shall have the power to appoint such deputies as the business of said court may require, who shall give such bonds as are required of other deputy sheriffs. Sheriff. SEC. 7. Be it further enacted, That the judge of the city court of Hazlehurst is empowered to exercise the same power and authority over the clerk and sheriff and deputy sheriffs of said court, as may be exercised

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by the judge of the Superior Court over the clerk and sheriff and deputy sheriffs in the Superior Courts of said State. Powers of the Judge. 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 receive only three dollars. In civil cases, including claim cases, illegalities and appeals where the principal amount claimed or involved 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 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 term of said court, the sheriff and the clerk each shall receive two dollars per day, to be paid in the same manner as they are now paid for similar services in the Superior Court. Fees of Clerk and Sheriff. SEC. 9. Be it further enacted, That the judge of the city court of Hazlehurst shall have the authority to issue criminal 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 writs, warrants, orders and process the power over which is not given exclusively to some other court, judge or officer by the constitution of this State, and the said judge, solicitor, clerk, sheriff and deputies shall have the power to administer all oaths and do all other official acts pertaining to their offices respectively, as the judge and

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other officers in the Superior Court may in like cases do; said judge shall also have the 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 in 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 the said judge of the city court of Hazlehurst shall have all the power and authority throughout his jurisdiction of the 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 the said city court so far as the same may be applicable, except as hereinafter provided. Powers of the Judge. SEC. 10. Be it further enacted, That the suits in said city court shall in all respects be conformable to the modes of the proceedings in the Superior Court, except as herein provided, but the process to the writs shall be annexed by the clerk of the said city court, attested in the name of the judge thereof, and be directed to, and served by the sheriff of the said city court of Hazlehurst, or his deputy, and all executions issuing from said city 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 Hazlehurst, and all and singular, the sheriffs and their deputies of the State of Georgia. Procedure. SEC. 11. Be it further enacted, That in all matters pertaining to service and pleading and practice and

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other legal procedure, the law governing in the Superior Court shall be applicable to said city court, unless otherwise provided in this Act. Practice. SEC. 12. Be it further enacted, That the judge of the 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 criminal or civil case pending in said court, shall upon demand, be entitled to a trial by jury in all cases which said parties may be entitled to a trial by jury under the Constitution and laws of this State. Trials. SEC. 13. Be it further enacted, That said city 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 cases 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. Claim cases. 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 Hazlehurst shall be directed to the sheriff of the city court of Hazlehurst, and to all and singular sheriffs and constables of this State and may be served by the sheriff of

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the city court of Hazlehurst, or his deputy, or any sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachments and garnishments. SEC. 15. Be it further enacted, That the garnishment proceedings in said city court shall be conformable to the laws on the subject applicable to the Superior Court. Garnishment. 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. 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, depositions or otherwise, witnesses and their attendance, continuance, motions for new trials 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. Practice. SEC. 18. Be it further enacted, That the said city court of Hazlehurst 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 duty of the clerk and sheriff of the Superior Court, shall apply to them in the said city court, except where they conflict with 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 the said

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city court, and executions shall issue and be levied and sales thereunder, under the same rules and laws regulating the same in the Superior Court. Enforcement of judgments. SEC. 20. Be it further enacted, That the judge of the said city court of Hazlehurst, shall have the power to enforce his orders, preserve order, punish for contempt and to enforce all of his judgments in the same manner as the judges in the Superior Courts. Contempt. SEC. 21. Be it further enacted, That the traverse jurors in the city court of Hazlehurst shall be procured in the following manner. The clerk of the city court shall provide a city court jury box, similar to the traverse jury box of the Superior Court, and shall have written upon separate pieces of paper the name of each person upon the grand jury and petit jury list of the Superior Court of Jeff Davis 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 empanelling traverse jurors in the Superior Courts, shall apply to the city court of Hazlehurst; 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 judges shall have the power to summons tales jurors for the city court the same as the judge of the Superior Courts have for the Superior Court jurors in said city courts 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, impanelling, challenging,

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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 courts unless otherwise provided in this Act. Juries. SEC. 23. Be it further enacted, That the defendant in criminal cases in said city court of Hazlehurst may be tried on written accusation founded on affidavits other than the solicitor of said court, which accusation shall 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 Jeff Davis county before the trial. Accusation. SEC. 24. Be it further enacted, That if after the hearing of 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. Commitments. SEC. 25. Be it further enacted, That the judge of the Superior Court shall be authorized to send down from the Superior Court of Jeff Davis county to said city court for trial and final disposition, any presentments

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and indictments 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 the defendant forfeited. Transfers from Superior Court. SEC. 26. 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. 27. 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 on trial term, and all laws, rules and practice in the Superior Courts with reference to the terms thereof, shall be applied to the city court of Hazlehurst, unless otherwise provided in this Act. Appearance and trial terms. SEC. 28. 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 the 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 in disqualified cases. SEC. 29. Be it further enacted, That the Ordinary or county commissioners of said county shall have the power and authority to hire convicts of said city court,

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under and subject to the laws and regulations governing the hiring out of the convicts of this State, and the money arising from such hire, shall be disposed of as follows: The cost of officers of court in the conviction of said convicts shall be paid out of said sum, and the remainder of said hire of such convicts shall be paid into the county treasury of said county, to be used upon the public roads of said Jeff Davis county, such hiring to be approved of by the prison commission of the State of Georgia under the Acts of the Legislature amending Section 1039, Volume 3, of the Code of 1895; and approved September 19th, 1908, which said Section is hereby made applicable under this provision to the city court of Hazlehurst. Hire of Convicts. SEC. 30. Be it further enacted that the Ordinary or county commissioners shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all books and stationery necessary to run said city court and that said city court shall be held in the court house of Jeff Davis county, Georgia, or other such place in the city of Hazlehurst as the Superior Court of said county may be held. Records. SEC. 31. Be it further enacted, That the several justices of the peace of Jeff Davis county 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 Hazlehurst, 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, and said defendant shall demand trial by jury instanter, before the clerk of said court. Bail in misdemeanor cases, how returnable.

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SEC. 32. Be it further enacted, That upon the failure of the defendant to appear and answer to any charge that 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 the same day of non-appearance, and the fees of said officers of said court in such cases shall be the same as are allowed by law to the officers of the Superior Court for like services, and the subsequent proceedings shall be the same as are now prescribed by law. Forfeitures. SEC. 33. Be it further enacted, That there shall be a judge of said city court, whose salary shall be the sum of five hundred dollars per year, payable quarterly out of the county treasury, and it shall be the duty of the Ordinary or county commissioner to make provision annually in levying the taxes for this purpose. Such judge may practice law in any other court except said city court. Immediately upon the approval of this Act the Governor of said State shall appoint a judge for said court, who shall hold his office till January 1st, 1911, or until his successor is qualified. At the regular election of county officers for said county in the year 1910, there shall be elected by the qualified voters of said county a judge of said court who shall hold his office for two years from January 1st, 1911, and at each of the general elections every two years thereafter a judge of said court shall be elected. Judge, salary, appointment and election. SEC. 34. Be it further enacted, That no one shall be eligible to the office of said judgeship unless he is at the time of his election at least twenty-five years old,

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and has been a resident of said county of Jeff Davis for one year immediately preceding his appointment or election. He shall before entering upon the duties of his office, take and subscribe to the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal rights 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 Hazlehurst, according to the best of my ability and understanding, agreeable 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 and oath of Judge. SEC. 35. Be it further enacted, That there shall be a solicitor of said court, appointed and elected under the same rules and manner and at the same time and place as the judge of said city court of Hazlehurst is appointed or elected, as prescribed in Section 33 of this Act. Such solicitor shall be at least twenty-one years of age, and a resident of Jeff Davis county at least six months immediately preceding his appointment or election, and shall have practiced law for at least one year immediately preceding his appointment or election. Before entering upon the discharge of his duties such solicitor shall give bond, with at least two good sureties, payable to the Governor of said State in the sum of five hundred dollars, conditioned for the faithful discharge of the duties of the office and shall take and subscribe to 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

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of the city court of Hazlehurst, so held me God, which oath shall be filed with the clerk of the city court of Hazlehurst and recorded on the minutes of said court. Solicitor, appointment, election and oath. SEC. 36. Be it further enacted, That the Governor of said State shall appoint, immediately upon the approval of this Act, a solicitor of said court who shall hold his office till January 1st, 1911, or until his successors is elected and qualified, and at the general election held in said county in the year 1910 and every two years thereafter at said general election there shall be elected a solicitor of said court, who shall hold his office for a term of two years or until his successor is elected and qualified, whose term of office shall begin January 1st, 1911, and every two years thereafter. Election of Solicitor. SEC. 37. Both election of the judge and solicitor of said court shall be under the same rules as govern the election of members of the General Assembly of Georgia. Election of Judge and Solicitor. SEC. 38. Be it further enacted, That the judge shall have the power to convene court at any time for the transaction of criminal business without a jury and no judicial business shall be transacted at any other place except at the court house in Jeff Davis 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. Criminal business. SEC. 39. Be it further enacted, That the regular terms of the said city court of Hazlehurst shall be held quarterly, beginning on the 2d Monday in January, April, July and October of each year, and that the judge of the said city court shall draw a jury for each quarterly term under the same rules and regulations as are

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now provided for the drawing of juries in the Superior Courts. The term of each quarterly session of said city court of Hazlehurst, shall be one week in January, one week in April, one week in July and one week in October, and the judge of said court shall have the power to hold said court in session at each term thereof, as long over the week provided for, as the business of said court demands it, and to adjourn said court over from day to day. Terms of Court. SEC. 40. Be it further enacted, That all civil and criminal cases pending in said court in which a jury is demanded by either party, a jury trial shall be held 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 without a jury, unless continued according to law. Trials. SEC. 41. Be it further enacted, That the judge of the city court of Hazlehurst shall have the power to hear and grant 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 judge of the Superior Courts of this State. All rules of pleadings, practice and procedure governing motions for new trials in the Superior Courts of Georgia, shall apply and govern the same in the said city court. New Trials. SEC. 42. Be it further enacted by the authority aforesaid, That all civil and criminal cases, now pending and undisposed of in the Superior Court of Jeff Davis county of which said city court of Hazlehurst has jurisdiction may be in the discretion of the judge of the

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Superior court transferred to said city court of Hazlehurst and the same shall be tried and disposed of as other cases in the city court of Hazlehurst. All final and other processes within the jurisdiction of such city court heretofore issued returnable to the Superior court of Jeff Davis county, shall be returnable to the city court of Hazlehurst. The judge and other officers of the city court of Hazlehurst, shall have the power to enforce in the name of the city court of Hazlehurst, any and all processes in any case from the Superior Court of Jeff Davis county necessary to the final disposition of the same which from any cause have not been issued and enforced by the officers of the Superior Court of Jeff Davis county. Transfers from Superior Court. SEC. 43. Be it further enacted, That the clerk of the said city court of Hazlehurst shall keep a writ record, and said clerk shall receive fifteen cents per one hundred for recording all writs, and all laws regulating the record of writs in the Superior Courts of this State, are hereby made applicable to this Act, and made a part of this Act. Writ Record. SEC. 44. Be it further enacted, That all civil and criminal cases pending and undisposed of in the county court of Jeff Davis county establish under the recommendation of the grand jury of Jeff Davis county, at the September term, 1907, as embodied in said recommendation shall be, and are hereby transferred to the city court of Hazlehurst created under this Act and the same shall be placed upon a proper docket in said city court and said city court shall have jurisdiction over all cases so transferred regardless of the amount involved. All final and other processes in the hands of the sheriff,

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bailiff, or other officer of the county court of Jeff Davis county created by the recommendation of the grand jury of Jeff Davis county at the September term, 1907, which are made returnable to the city court of Hazlehurst created under this Act, shall be by said officers, returned to the city court of Hazlehurst created under this Act. The judge and other officers of said city court, shall have the power and authority to enforce in the name of the city court created under this Act, any and all processes in any case from the county court created by the recommendation of the grand jury of Jeff Davis county at the September term, 1907, to the final disposition of the same, which from any cause has not been issued and enforced by the officers of the county court of Jeff Davis county created by the recommendation of the grand jury of Jeff Davis county at the September term, 1907, said city court shall have jurisdiction of all cases thus transferred regardless of the amount involved. All records, books, papers, fi. fas., executions, judgments and other paper or papers, or documents of file in the county court of Jeff Davis county created under the recommendation of the grand jury of Jeff Davis county at the September term, 1907, above referred to, shall be filed and deposited with the clerk of said city court of Hazlehurst created under this Act. All fi. fas. and final processes not satisfied now in the hands of the sheriff or other officer of the county court of said county created by the recommendation of the grand jury at the September term, 1907, shall be levied and enforced by the sheriff of the city court of Hazlehurst created under this Act and return thereof made in said city court. Transfers from County Court. SEC. 45. Be it further enacted by the authority aforesaid, That the solicitor of said city court, shall be the

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collecting officer of said city court of all the fines and forfeitures; and that the same shall be paid directly to him the same as provided by the statute for solicitor-generals of the Superior Courts of said State. Fines and forfeitures. SEC. 46. Be it further enacted by the authority aforesaid, That the judge of the city court of Hazlehurst shall have the power to appoint, and at pleasure remove a stenographer or stenographic reporter for the city court of Hazlehurst. Such reporter before entering upon the duties of his office, shall be duly sworn in open court, to faithfully perform all duties required of him under this provision; it shall be his duty to attend all of the regular terms of the said city court, and when directed by the judge as hereinafter set forth to exactly and truly record, or take stenographic notes of the testimony and proceedings in the cases tried except the arguments of the counsel. Stenographer. SEC. 47. Be it further enacted by the authority aforesaid that the compensation of the reporter or stenographer for recording or taking stenographic notes, and for reports of evidence and other proceedings by him furnished, shall be the same as are provided in Section 4447, 4448 of Volume 2, of the Code of 1895, which is herein made a part and applicable to the provision of this Act. Compensation of Stenographer. SEC. 48. Be it further enacted by the authority aforesaid, That in criminal cases, the same may be reported by said stenographer the same rate as provided for in civil matters and be it further enacted that the judge of said city court shall have the authority to enter up judgment, or judgments, instanter in favor of said stenographer, upon the failure of any party to pay said

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stenographer such amount due, or that may be due, as set out in the previous Sections. Reports of criminal cases. SEC. 49. Be it further enacted, That this Act shall take effect immediately upon its approval, and the Governor of this State is hereby authorized to commission the judge and solicitor of said court at once, and they shall enter upon the discharge of their duties upon complying with the requirements of this Act. Act effective from date of approval. SEC. 50. 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, 1909. LAGRANGE, CITY COURT OF, ACT CREATING AMENDED. No. 137. An Act to amend an Act amending the Act approved December 19, 1899, establishing the city court of LaGrange in Troup county, said amending Act providing for drawing juries for each week of each term of said court, and for other purposes, and approved August 23, 1905, so as to provide for the drawing and summoning of additional jurors and also to amend the said original Act approved December 19, 1899, by providing for taking verdicts and judgments in undefended cases at the first term, and for trying any case by consent at the first term, 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 amending an Act

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approved December 19, 1899, establishing the city court of LaGrange in Troup county, said amending Act providing for drawing juries for each week of each term of said court, and for other purposes, and approved August 23, 1905, be and the same is hereby amended by striking out the following words, to-wit: Twenty-four traverse jurors to serve in said court in lines twenty-four and twenty-five in Section 1 of said amending Act and inserting in lieu thereof the following words: Such number of jurors not exceeding thirty-six as in the opinion of the presiding judge of said court may be necessary to make up two panels of twelve jurors each to serve in said court, so that said Section twenty-four of said original Act approved December 19, 1899, as hereby amended shall read as follows, to-wit: SEC. 24. Be it further enacted by the authority aforesaid, That traverse jurors in said city courts 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 upon separate pieces of paper the name of each person upon the grand jury list and each person upon the traverse jury list of the Superior Court of said county, and shall place all of said names in said city court jury box from which shall be drawn for each week of each term, if any term of said court shall last longer than one week such number of jurors not exceeding thirty-six as in the opinion of the presiding judge of said court may be necessary to make up two panels of twelve jurors each to serve in said court. All laws in reference to drawing, summoning, empanelling traverse jurors in the Superior Court shall apply to the city court of LaGrange, and the said city court judge

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shall have the same power to summons tales jurors for the city court as the judges of the Superior Court have for 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 are or may be hereafter paid in the Superior Court. City Court of LaGrange, act creating amended. Traverse jurors. SEC. 2. Be it further enacted by the authority of the same, That in all cases in the city court of LaGrange wherein entries of default have been entered by the court on the docket upon the call of the appearance docket and there being no defense filed then at any time after such entry of default whether at the appearance term or thereafter verdicts and judgments may be taken by default in the same manner as now provided for verdicts and judgments in undefended suits upon default. Judgments by default. SEC. 3. Be it further enacted by the authority aforesaid, That by consent of the parties or their counsel any case may be tried at the first term and a lawful verdict and judgment rendered therein whether the same fall within any of the classes of cases now authorized to be tried at the first term or not. Trials at first term. 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, 1909.

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LEESBURG, CITY COURT OF, ACT CREATING AMENDED. An Act to alter and amend an Act entitled, An Act to establish the city court of Leesburg, in the county of Lee, to define its jurisdiction and powers, to provide for the appointment of a judge, solicitor-general, and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, writs of error therefrom, and for other purposes. Approved August 21, 1905, and acts amendatory thereof, so as to change and fix the fees and costs allowed the clerk of said court in criminal cases, and to change the time of the convening of the terms 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 an Act approved August 21, 1905, establishing the city court of Leesburg, in and for the county of Lee, to define its jurisdiction and powers, to provide for pleading and practice and new trials therein, writ of errors therefrom, and for other purposes, and acts amendatory thereof, be, and the same is, hereby altered and amended as follows: City Court of Leesburg, act creating amended. That all of Section 12 of said Act be stricken and the following be substituted in lieu thereof: SEC. 12. Be it further enacted, That the said clerk and sheriff shall receive the same fees of like officers in the Superior Court for services in criminal cases; provided, that said clerk and sheriff shall not receive per diem exceeding fifteen days a year for attendance upon said court. Fees of Clerk and Sheriff.

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SEC. 2. Be it further enacted, That Section 14 of said Act be, and the same is, hereby altered and amended by striking the words fourth Wednesday wherever they occur in said Section, and substituting therefor the words third Mondays, so that said Section when so altered and amended shall read as follows: SEC. 14. Be it further enacted, That the terms of said city court shall be monthly and quarterly. The monthly term to be held on the third Monday in each month, and the quarterly terms to be held in the third Mondays in January, April, July and October. The terms of said court shall last until the business is disposed of, or the judge may, in his discretion, hold adjourned terms and may set cases for trial at convenient times, and the same may then be tried as of term, whether court has been from day to day until said time or not. The judge of said city court may, in his discretion, hold his court at any other time than the regular term for the speedy transaction, consistent with the interest of the State and the accused, of criminal business, which does not require a jury. Terms of Court. SEC. 3. Be it further enacted, That in criminal cases where motions for new trials are filed, or the case is carried by writ of error to the Court of Appeals, or the Supreme Court of this State, that the fees of the clerk for such services, to be the same as allowed by law to clerks of the Superior Courts of this State for like service, shall be paid to the said clerk in the same manner as provided by law for the payment of other fees and costs, in criminal cases. Fees of Clerk.

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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, 1909. LUMPKIN, CITY COURT OF, ESTABLISHED. No. 272. An Act to establish the city court of Lumpkin, in and for the city of Lumpkin, in and for the county of Stewart, to define its jurisdiction and powers; to provide for the appointment of a judge and solicitor and other officers thereof, to define their duties and powers, to provide for writs of error therefrom and new trials therein, and 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 city court of Lumpkin, in the city of Lumpkin, in and for the county of Stewart, is hereby established and organized, to be held in the city of Lumpkin, with jurisdiction, civil and criminal, over the whole county of Stewart, concurrent with the Superior Court to try and dispose of all civil cases of whatever nature, except those which the Constitution of the 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 Stewart; that the jurisdiction herein conferred shall include not only the Ordinary suits by petition and process, but also all other kinds of suits and proceedings which may now, or hereafter be brought in the Superior Court, including attachment and garnishment proceedings,

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allegations, counter affidavits to any proceeding from said court, statutory award, proceedings against intruders and tenants holding over, partitions of personality, issues on distress warrants, foreclosures of all liens and mortgages. City Court of Lumpkin established. Jurisdiction. 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 Stewart 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, 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; provided, that the present judge of the county court of Stewart county, to-wit: E. T. Hickey, shall be the first judge of the city court of Lumpkin to hold said office until January 1st, 1913, when his successor as elected shall assume the duties of said office. The first election of said judge shall be held at the general election 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 first day of January, 1913, 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 first day of January after he is elected. The qualification of said judge shall be that he has been a practicing attorney for five years, and a resident of Stewart county for five years immediately preceding his

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appointment or election, and shall, before entering upon the discharge of his duties, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to person, and do equal justice alike to rich and poor, and that I will faithfully perform and discharge all duties which may be required of me as judge of the city court of Lumpkin, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God. The judge of said court shall receive a salary of six hundred ($600.00) dollars, per year, which shall not be increased or diminished during his continuance in office, except to apply to a subsequent term, and which shall be paid monthly by the treasurer of Stewart county out of any funds in his hands for paying the current expenses of said county. The judge of said court shall receive no other compensation for his services. He shall not be permitted to practice law in his own court, nor any other court where the city court is likely to have final jurisdiction of the matter. Judge, election. First judge. Election of successor. Qualifications. Oath. Salary. SEC. 3. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, who shall be elected by the qualified voters of Stewart county, in the same manner as the judge of said court, whose term shall be four years, and until his successor is elected and qualified. The first election for said solicitor shall be held in the general election in the month of October, 1912, and the term shall begin on the 1st day of January, 1913; provided, that from the time of the approval of this Act and until the 1st day of January, 1913, the present solicitor of the county court of Stewart county, B. F. Harrell, Esq., shall act as solicitor of

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the city court of Lumpkin, and from the time of the approval of this Act until his successor is elected and qualified as herein provided, said B. F. Harrell, Esq., shall perform all the duties appertaining to said office. All vacancies in the solicitors office shall be filled as vacancies in the office of the judge of said court. The qualifications of said solicitor shall be that he has been a practicing attorney for five years, and a resident of Stewart county continuously for five years immediately preceding his election or appointment. The duties of the solicitor shall be to prosecute all offenses cognizable before said city court. The said solicitor shall receive the same fees for each written accusation as are allowed the solicitor-general for a misdemeanor indictment in the Superior Court, and to represent the State in all cases in the Court of Appeals, which are criminal in their nature and to perform all other duties required of him by law, and his fees for all other services shall be the same as are allowed the solicitor-general of the Superior Court for his services in misdemeanor cases. 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 regular elected solicitor of said city court. The said solicitor shall give a bond of $1,000 for the faithful discharge of his duties with good security to be approved by the judge of said court. Solicitor. Qualifications. Fees. SEC. 4. That the clerk of the Superior Court, and sheriff of Stewart county shall be ex-officio clerk and sheriff, respectively, of said city court, with authority to appoint deputies in said city court to act for them in said court. The same duties and liabilities shall attach to their several offices in the city court as attached to

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said offices in the Superior Court, as well as the same powers, and the judge of said city court shall have the same authority over said clerk and sheriff and their deputies in the city court as the judge of the Superior Court has in the Superior Court. Clerk and sheriff. SEC. 5. Said clerk and said sheriff of said city court shall each take and subscribe to an oath well and truly to perform the duties of their respective offices as clerk and sheriff of said city court, and before entering upon the duties of their respective offices as clerk-and sheriff in said court shall each execute a bond, with good security, in the sum of one thousand dollars, to be approved by the judge of said court, for the faithful discharge of the duties of their several offices. Clerk and Sheriff. SEC. 6. In the performance of their respective duties in the city court the clerk and sheriff shall be known, respectively, as the clerk and sheriff of the city court of Lumpkin, and all processes or writs directed to, or entries, or writs signed by said officers in said city court shall be directed to or signed by said officers as clerk and sheriff, respectively, of said city court. Clerk and Sheriff. SEC. 7. That the judge of said city court shall have authority to issue writs of habeas corpus returnable to himself, or any other officer authorized to hear and determine same, and shall have power to hear and determine same in the same manner as judges of the Superior Court. SEC. 8. That the judge and other officers of said court shall have power, respectively, to administer all oaths pertaining to their offices as the judges and other officers in the Superior Court may in like cases do; and said judge shall have power to attest deeds and other

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papers, administer affidavits in all cases anywhere in the State in which by existing laws deeds and papers may be attested and affidavits administered by the justice of the peace of this State or the judges of the Superior Courts, and the judge of said city court shall have all power and authority within his jurisdiction that belongs to judges of the Superior Court, and all laws relating to and governing judges of the Superior Courts shall apply to the judges of said city court in so far as the same may be applicable, except as herein otherwise provided. Powers of judge and officers. SEC. 9. That the judge of said city court shall have the same power and authority as judges of the Superior Courts, to punish for contempt, enforce his orders and judgments and preserve order; and all laws regulating the enforcement of judgments and orders in the Superior Courts, whether in criminal or civil matters, and the levy and issuance of executions, and levies and sales thereunder, shall apply to like matters in the city court in so far as the same may be applicable, unless otherwise provided in this Act. Contempt. Enforcement of judgments. SEC. 10. That the judge of said city court or any justice of the peace, or notary public, ex-officio justice of the peace, shall have authority to issue attachments and distress warrants returnable to said city court, which shall be directed to the sheriff or his deputies of the city court of Lumpkin and attachments shall, in addition, be directed to all and singular the sheriffs, deputy sheriffs or constables of said State, and all laws relating the subsequent proceedings in said matters in the Superior Courts shall apply. Attachments and distress warrants.

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SEC. 11. That the general laws of this State with reference to the commencement of suits, defences, setoffs, affidavits of illegality, arbitration and award, examination of parties to suits, of witnesses by interrogatories and depositions, scire facias to make parties, subpoenaes to witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said city court which obtain in the Superior Courts of said State, shall apply to said city court, except as otherwise provided herein. Procedure. SEC. 12. That all laws pertaining to pleading, practice and procedure which apply to the Superior Courts shall apply to said city court, except as otherwise herein provided; and all processes and writs shall be tested in the name of the judge of said city court, signed by the clerk thereof, and be directed to the sheriff thereof or his deputies, unless otherwise provided herein. Practice. SEC. 13. The said city court of Lumpkin shall be a court of record, and have a seal, and the minutes, records, orders and other books and files that are required by law and the rules of the court 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 clerks and sheriffs of the Superior Court shall apply to them in said city court, except as otherwise herein provided. Court of record. SEC. 14. That suits against joint obligors, joint promisors, co-partners, or joint trespassers, where one of such parties resides in Stewart county and the suit is otherwise within the jurisdiction of said city court, may be brought therein, and all claims filed to property levied on under execution from said court shall be tried

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therein as such claims are tried in the Superior Court, except that claims to real property so levied on shall be returned to the Superior court of the county wherein the land lies. Jurisdiction. SEC. 15. That the sheriff of said court, with the approval of the judge thereof, is authorized to appoint at each quarterly term such bailiffs as are necessary, not exceeding two, as officers of said court, who shall receive for their services two dollars per day. Bailiffs. SEC. 16. That said clerk and sheriff shall receive the same fees for similar services as are now, or may hereafter be, allowed by law for similar services in the Superior Court, except that where cases are within the jurisdiction of county courts, of this State the fees shall be the same as are allowed by law for similar services in the county courts; and except, further, that said officers shall each receive for their attendance on the regular terms of said court the sum of three dollars per day, and the sheriff shall receive a fee of five dollars for summoning a jury for each court. Fees of clerk and sheriff. SEC. 17. That the term of said city court shall be held quarterly on the second Mondays in March, June, September and December of each year. The judge thereof shall have the right at any time to try and dispose of criminal business not requiring a jury. Quarterly terms. SEC. 18. That there shall be a return term in all cases filed wherein there is a return term in the Superior Court, except that in all cases where no issuable defense is filed by the second day of the first term a verdict may be rendered or a judgment taken at such first term, as the case may be, and in all cases a trial may be had at the first term by consent. Return term.

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SEC. 19. That it shall be the duty of the clerk of said city court to prepare and file in his office a complete copy of the traverse jury of Stewart county, as provided, from time to time for said Superior court. From said copy juries in said city court shall be drawn in the following manner: The clerk shall write upon separate tickets the name of each juror, which shall be numbered and placed in a box for that purpose, from which shall be drawn 18 jurors in the manner now required by law in the Superior Court. All laws with reference to drawing, selecting and summoning traverse jurors in the Superior Court shall apply to the city court, except that the sheriff shall be paid only five dollars for summoning said jury. All exemptions from jury duty of force in Stewart county shall apply and be of effect in said city court. All laws with reference to the qualifications, relations, empanelling and challenging of jurors of force in the Superior Courts of this State, shall apply and be of effect in said city court, except wherein otherwise provided in this Act. Traverse jurors. SEC. 20. That eighteen jurors so drawn and summoned shall be empaneled, and if less than eighteen are present the judge shall have the right to complete the panel of eighteen by having tales jurors summoned, as in the Superior Court, a jury of twelve shall constitute the trial jury when a jury of twelve is demanded in said court in either civil or criminal cases. Unless a jury of twelve shall be demanded, a jury in said court shall consist of six, but the first twelve jurors called shall constitute the panel from which the said six jurors shall be selected for trial, and when a jury of twelve is demanded the entire eighteen shall constitute the panel from which said jury shall be selected for the trial of any case. In

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either case of six or twelve jurors, in civil cases, each side shall have three strikes, in criminal cases the State shall have two, and the defendant four. The jurors shall each be paid two dollars per day for their services, in the same maner as are jurors in the Superior Court. Tales jurors. Juries. SEC. 21. That the judge of said city court shall have power and authority to hear and determine without a jury all civil cases of which said court has jurisdiction, and to give judgment 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 attorney on or before the call of the docket, at the term 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; provided, further, That it shall be the duty of the judge of said court, to sound said docket upon the opening of each term for the purpose of ascertaining in what cases, civil or criminal, demands for a trial by jury are to be made, in accordance with the provisions of this Act. Trials. SEC. 22. That all criminal cases in said court shall be tried by the judge thereof without a jury, except when a jury shall be demanded. A plea to the accusation shall be a waiver of the jury, and the accused shall not thereafter have the right to recall the waiver. Criminal cases. SEC. 23. If upon the trial of any criminal case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon be committed or bound over to the next Superior Court, and his trial shall be suspended. Commitment in felony cases. SEC. 24. That the defendant in criminal cases in said court shall be tried on written accusation, founded upon

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the affidavit of the prosecutor and signed by the solicitor of said city court, which accusation shall plainly and specifically set forth the offense charged, and with the same particularity, both as to matters of form and substance, as is required by the law and rules of criminal pleadings to be observed in bills of indictment in the Superior Court, all proceedings after accusation shall conform to the rules governing like cases in the Superior Court, except that there shall not be a trial by jury unless demanded. The accused shall in no case have the right to demand indictment by the grand jury. Accusation. SEC. 25. That the judge of the Superior Court of Stewart county shall send down from the Superior court of said county for trial and find disposition in said city court all indictments and presentments 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 upon the minutes of both courts, which order may be passed in term or vacation. In all cases so transferred the accused shall have the same notice as is now provided in the county court, and the solicitor-general of the Superior Court of Stewart county shall be entitled to his accrued costs, to be collected as provided for the collection of the costs of the solicitor of said city court. Transfers from the Superior Court. SEC. 26. That it shall be the duty of all justice of the peace and notaries public, ex-officio justice of the peace of Stewart county to bind over to said city court all persons committed for misdemeanors in said county. Appearance bonds. SEC. 27. That no criminal cases in said court in which the defendant is under bond, or shall offer good and sufficient bond, shall be tried at any term of said

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court except the March, June, September and December terms thereof, unless said defendant shall consent thereto. Trials in criminal cases. SEC. 28. That the judge of said city court shall have authority to grant new trials in all cases, civil or criminal, under the same terms, conditions, laws and regulations as govern the granting of new trials in the Superior Court; and in all criminal cases tried at a special term of said city court, the defendant may file his motion for new trial within five days from the date of the judgment complained of and in vacation. In other respects such special motions shall be governed by the ordinary rules for new trials, and the pleadings, practice and procedure which apply to motions for a new trial in the Superior Court shall apply to motions for a new trial in the city court. New trials. SEC. 29. That a writ of error shall lie directly from 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 bill of exceptions from the Superior Courts of this State. Writs of error. SEC. 30. In cases where no defense is filed, or where the defense filed is stricken, the court shall enter judgment or permit a verdict to be taken, as the case may be, upon demand of the plaintiff, on any day after the first day of the term; and in all cases the provisions of law regulating the setting aside or arresting of judgments, entering and opening defaults and reinstating cases in the Superior Court shall apply to said city court wherever applicable, unless otherwise provided herein. Judgments by default.

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SEC. 31. That whenever the judge of said city court is from any cause disqualified from presiding, then, upon the 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 in the Superior Court. Disqualified cases. SEC. 32. That when for any cause the judge of said city court is disqualified, or for any reason may be unable to preside over said court, it shall be lawful for the judge of any Constitutional city court of this State to preside in his stead. Judges of other courts. SECTION 33. That in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk thereof may adjourn the same to such time as the judge may in writing direct, or, if no direction be given, then to the next regular term; and the judge of said court shall have power to adjourn the court over to such time as in his opinion will best suit the convenience of parties, witnesses and jurors. Absence of judge. SEC. 34. That the commissioners of roads and revenues of Stewart county, or other proper officers, shall provide a suitable place in the court house in the city of Lumpkin for the holding of said court, and provide the necessary books for keeping the dockets, minutes and records of said city court, and said authorities shall provide an office in the court house for the judge of said city court, and also for the solicitor of said city court. Court house and records. SEC. 35. That all civil cases now pending in the county court of Stewart county, upon the establishment of said city court, shall be transferred to the civil docket of said city court, and stand for trial at the first quarterly

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term of said city court, unless continued for good cause, likewise all criminal cases now pending in the county court of Stewart county shall be transferred to said city 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 and issuing from said county court shall be levied and enforced by the sheriff of said city court, and returns thereof made in said city court. Transfers from county court. SEC. 36. That there shall be appointed by the judge of said court a stenographer for said court, and all laws applying to the stenographer of the Superior Court shall apply to and govern the stenographer of said city court. In civil cases, his fees shall be paid by the litigants. In all criminal cases in said court the defendant shall, upon request, have the right to have the case reported, the fees for the same to be the same as allowed for similar services in the Superior Court, to be paid by the defendant; provided, however, said fees shall be paid in advance whenever demanded by the said stenographer. Stenographer. SEC. 37. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1909. MILLER COUNTY, CITY COURT FOR, ACT CREATING AMENDED. No. 31. An Act to amend an Act approved August 8th, 1908, (Georgia Laws 1908, p. 180) creating and establishing the city court in and for the county of Miller by providing

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for the payment of the salaries of the officers of said court out of the fines and forfeitures 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 an Act entitled, An Act to establish the city court in and for the county of Miller, etc., approved August 8, 1908 (Georgia Laws 1908, p. 180) be amended by striking therefrom Section 3 of said Act and inserting in lieu thereof a new Section to be known as Section 3, to read as follows, to-wit: That for his services in said court the fees of the solicitor shall be the same as the fees of the solicitors-general for the same services in the Superior Court, to be paid only from the fines and forfeitures of said court. In the absence or disqualification of said solicitor, the said court judge shall appoint a solicitor, pro tem., who shall receive the same fees as are allowed the regularly elected solicitor of said court. City court of Miller county, Act creating amended. Fees of solicitor. SEC. 2. Be it further enacted by the authority aforesaid, That Section 21 of said Act be amended by striking from said Section the last four lines thereof, as follows: 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, and inserting in lieu thereof the following: Jurors in said city court shall receive the same pay as jurors in the Superior Courts; and shall be paid in the following manner: the solicitor of said city court shall make out a cost bill at the expiration of each quarterly term of said court for each and every case disposed of in said court, and shall have

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the same approved by the judge of said court and placed on the minutes thereof; and after paying the officers of said court the fees allowed them by law, shall turn over to the county treasurer the remainder of said fund to be credited to the fine and forfeiture fund of said court. The county treasurer shall pay the jurors from said fund in his hand; provided, that if at any time, said fund proves inadequate or shall be insufficient for that purpose, then he shall pay said jurors out of the county treasury and charge the amount taken from the treasury to said fine and forfeiture fund and the county treasurer shall be reimbursed out of the first funds paid in to said fine and forfeiture fund of said Court; so that said Section as amended will read as follows: 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 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 empanelling 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 said city court shall receive the same pay as jurors in the Superior

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Courts; and shall be paid in the following manner; the solicitor of said city court shall make out a cost bill at the expiration of each quarterly term of said court for each and every case disposed of in said court, and shall have the same approved by the judge of said court and placed on the minutes thereof; and after paying the officers of said court the fees allowed them by law, shall turn over to the county treasurer the remainder of said fund to be credited to the fine and forfeiture fund of said court. The county treasurer shall pay the jurors from said fund in his hand; provided, that if at any time, said fund proves inadequate or shall be insufficient for that purpose, then he shall pay said jurors out of the county treasury and charge the amount taken from the treasury to said fine and forfeiture fund, and the county treasurer shall be reimbursed out of the first funds paid into said fine and forfeiture fund of said Court. Payment of jurors. Traverse jurors. SEC. 3. Be it further enacted by the authority aforesaid, That Section 23 of said Act be amended by striking therefrom the following words, to-wit: beginning at the word founded in the third line of said Section and ending with the word prosecutor in the fifth line thereof, and inserting in lieu thereof the following words, to-wit: framed and signed by the solicitor of said court, so that said Section when amended will read as follows: Be it further enacted, That defendants in criminal cases in said city court of Miller county may be tried on written accusation framed and signed by the solicitor of said court. 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. Accusations.

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SEC. 4. Be it further enacted by the authority aforesaid, That Section 30 of said Act be and the same is hereby stricken and a new Section to be known as Section 30 be inserted in lieu thereof as follows: The Ordinary or county commissioners of said county shall work the convicts convicted in said court on the public highways of Miller county under and subject to the rules and regulations governing the working of misdemeanor convicts in the State of Georgia, and for each and every convict convicted in said court and who goes upon the public highway of said county as aforesaid, the county treasurer shall pay to the officers of said city court the cost of his said conviction in said court out of county funds. Convicts, how worked. SEC. 5. Be it further enacted by the authority aforesaid, That said Act be further amended by striking from Section 34 thereof the following words, to-wit: beginning in the eleventh line of said Section 34, after the word office, and ending with the word purpose, in the eighteenth line thereof, thereby striking from said Section the following words: 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, and inserting in lieu thereof the following words: The salary of said judge of said city court shall be paid out of the fines and forfeitures of said court only, together with the other officers of said court, each quarter, so that said Section as amended will read as follows: Be it further enacted,

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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, except that the result of said election shall be declared by the Ordinary of said county. 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 dollars ($600.00) per annum, which salary shall neither be increased or diminished during his term of office. The salary of said judge of said city court shall be paid out of the fines and forfeitures of said court only, together with the other officers of said court each quarter. 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. SEC. 6. Be it further enacted by the authority aforesaid, That said Act be further amended by striking therefrom Section 38 entirely, and inserting in lieu thereof a new Section to be known as Section 38 as follows, to-wit: Said city court of Miller county shall stand open for the disposition of criminal business without a jury at all times. Trial of criminal cases. 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 6, 1909.

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MOULTRIE, CITY COURT OF, ACT CREATING AMENDED. No. 30. An Act to amend the Act of the General Assembly of the State of Georgia creating the city court of Moultrie (Acts 1901, pages 136 et seq ), 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 the number of traverse jurors drawn in the city court of Moultrie shall be twenty-four, instead of eighteen, as heretofore, and that all laws with reference to drawing, summoning, empanelling and striking jurors in the Superior Courts of this State shall apply to the city court of Moultrie. City court of Moultrie, Act creating amended. Traverse jurors. 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, 1909. MOUNT VERNON, CITY COURT OF ABOLISHED. No. 32. An Act to repeal an Act entitled An Act to establish the city court of Mount Vernon, in the city of Mt. Vernon, Montgomery county, Georgia; to define its jurisdiction and powers; to provide for the election of a judge and solicitor thereof; to define their powers and duties and fix their compensation; to provide for a clerk and sheriff thereof; to prescribe their duties

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and fees; to provide for pleading and practice and new trials therein; for the carrying of cases therefrom to the Supreme Court direct by bill of exceptions on writ of error, and for other purposes, approved August 15th, 1906. To provide for the disposition of the business pending therein and the court papers, and to provide when this Act shall go into effect, 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 city court of Mount Vernon, created and organized under and by virtue of an Act entitled An Act to establish the city court of Mt. Vernon, in the city of Mount Vernon, Montgomery county, Georgia; to define its jurisdiction and powers; to provide for the election of a judge and solicitor thereof; to define their powers and duties and fix their compensation; to provide for a clerk and sheriff thereof and to prescribe their duties and fees; to provide for pleading and practice and new trials therein; for the carrying of cases therefrom to the Supreme Court direct by bill of exceptions on writ of error, and for other purposes, approved August 15th, 1906, be, and the same is hereby abolished and said Act is hereby repealed. City court of Mount Vernon abolished. SEC. 2. Be it further enacted, That all cases pending in said city court, both civil and criminal, be transferred to the Superior Court of said county of Montgomery and tried in said Superior Court as if originally filed in said Superior Court, and all illegalities, claims and answers to any garnishment proceedings, and all other proceedings growing out of any execution, decree or order of said city court, shall be returned to said Superior

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Court of said county of Montgomery, and all witnesses subp[oelig]n[aelig]d in cases pending in said city court shall attend the Superior Court of said county from time to time until said cases so transferred shall be disposed of. Business transferred to superior court. SEC. 3. Be it further enacted, That all cases pending in said city court, so transferred to said Superior Court of Montgomery county, shall stand for trial at the next term thereof said Superior Court, unless continued therein under the laws regulating continuances of cases in said Superior Court. Trial of cases transferred. SEC. 4. Be it further enacted, That the provisions of this Act shall go into force from and after the passage of this Act. 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 6, 1909. NASHVILLE, CITY COURT OF, ACT CREATING AMENDED. No. 231. An Act to amend the Act entitled An Act to establish the city court of Nashville, in and for the county of Berrien, and for other purposes, approved July 31st, 1905, so as to amend Sections 4 and 8 of said Act, by providing that all vacancies in the office of Judge and solicitor shall be filled by appointment and commissioned by the Governor, so as to amend Section 40 of said Act, by providing that all civil cases, in

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which there is no plea or defence filed, on the call of the appearance docket, or such plea or defense shall be stricken by the court, a judgment may be rendered by the court, or a verdict taken, as the case may require at said appearance term, and to amend Section 2 of said Act so as to restrict the jurisdiction of said courts to suits involving amounts of $50.00 or more, 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 4 of said Act be amended as follows: By striking out of said Section, in the 10th line thereof, beginning with the words an election, and striking all the remaining portion of said Section, and insert in lieu of the stricken portion of said Section, words as follows: Appointment and commissioned by the Governor, whose term shall be for the remainder of the unexpired term, so that Section, when amended, shall read as follows: That there shall be a judge of said city court of Nashville; that said first judge of said court shall be appointed and commissioned by the Governor, said appointment to be confirmed by the Senate, whose term shall expire January 1st, 1907, and until his successor is elected and qualified; his successor as judge of said court shall be elected by the qualified voters of Berrien county, at the regular election to be held on the first Wednesday in October, 1906, and once every four years thereafter; whose term of office shall be for four years, and all vacancies in the office of judge shall be filled by appointment of and commissioned by the Governor, whose term shall be for the remainder of the unexpired term. City court of Nashville, Act creating amended. Judge, term of office.

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SEC. 2. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That Section 8 of said Act be amended as follows: By striking out of said Section in the 10th line thereof, beginning with the words, an election, and striking all the remaining portion of said Section, and inserting in lieu thereof, words as follows: Appointment and commissioned by the Governor, whose term shall be for the remainder of the unexpired term, so that said Section, when amended, shall read as follows: That there shall be solicitor of said city court of Nashville, said first solicitor of said court shall be appointed and commissioned by the Governor, said appointment to be confirmed by the Senate, whose term shall expire on January 1st, 1907, and until his successor is elected and qualified; his successor as solicitor of said court shall be elected by the qualified voters of Berrien county, at the regular election to be held the first Wednesday in October, 1906, and once every two years thereafter, whose term of office shall be for the term of two years, and all vacancies of the office of solicitor shall be filled by appointment of and commissioned by the Governor, whose term shall be for the remainder of the unexpired term. Solicitor, tenure of office. SEC. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, That Section 40 of said Act be amended as follows: By striking all of the seventh line in said Section, and in lieu of the stricken portion of said Section, insert words as follows: All civil cases, so that said Section when amended shall read as follows: That the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall

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be the trial term, or judgment term, and all the laws, rules and practices in the Superior Court with reference to the terms thereof, shall apply to the city court of Nashville, unless otherwise provided in this Act; provided, that in all civil cases in which there is no plea [Illegible Text] defense filed, on the call of the appearance docket, or such plea or defense shall be stricken by the court, a judgment may be rendered by the court or a verdict taken, as the case may require, at said appearance term. Appearance and trial terms. SEC. 4. Be it further enacted, That said city court Act be amended by striking all the words in Section 2 of said Act, after the word court, and beginning with the word provided, in line 4, of said Section 2, and ending with the word court, in line 7, and inserting in lieu thereof, the following words: Wherein the principal sum involved or sued for is $50.00 or more, so that said Section, when thus amended, will read as follows: Section 2. Be it further enacted, That said city court of Nashville shall have jurisdiction to try and dispose of all cases of whatever nature, except over which exclusive jurisdiction is vested in other courts, wherein the principal sum involved or sued for is $50.00 or more; provided, however, this provision shall not apply in cases over which the justice court has no jurisdiction. Jurisdiction. 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 14, 1909.

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OCILLA, CITY COURT OF, ESTABLISHED. No. 21. An Act to establish the city court of Ocilla, in and for the county of Irwin, to define its jurisdiction and powers, to provide for the appointment of a judge, solicitor-general, and other officers thereof, and to define their powers and duties; to provide for pleading and practice therein, writs of error therefrom, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of the same, That the city court of Ocilla is hereby established in the city of Ocilla, in Irwin county, Georgia, and created with civil and criminal jurisdiction over the whole county of Irwin. City court of Ocilla established. SEC. 2. Be it further enacted, That the city court of Ocilla shall have jurisdiction to try and dispose of all civil cases, of whatever nature, wherein the amount claimed, inclusive of interest, or the whole of the property sued for is as much as fifty dollars, except those cases of which the constitution of the State has given to the Superior Court exclusive jurisdiction, and shall also have jurisdiction over cases when the amount involved or the value of the property claimed is less than fifty dollars, when the subject matter of the suit is not within the jurisdiction of the justice court, and with criminal jurisidiction to try and dispose of all offenses against the laws of the State, below the grade of felony, committed within the county of Irwin, or on the county lines thereof; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits, actions or proceedings

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which are now, or which hereafter may be in use in the Superior Courts of this State, either under the common law or statute, except in those cases over which exclusive jurisdiction is vested in the Superior Court, by the constitution of the State of Georgia. Jurisdiction. SEC. 3. Be it further enacted, That there shall be a judge of the city court of Ocilla, 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 until his successor is appointed and qualified, and all vacancies in the office of judge of the said city court 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 then be 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 the city court of Ocilla shall receive a salary of one thousand 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 Irwin by the person or persons charged by the law with the paying out of the money of Irwin county, and shall be paid from the funds of said county from which the expenses of courts are paid. Judge, appointment and salary. SEC. 4. Be it further enacted, That any person who shall be appointed judge of said city court must, at the time of appointment, be at least twenty-five years of age; he must also have been a resident of Irwin county at least two years immediately preceeding his appointment, and he must also have been a regular practicing attorney at law at least three years before his appointment,

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and shall, before entering upon the discharge of 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 rights to the poor and the rich, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the city court of Ocilla, of this State, according to the best of my ability and understanding agreeable to the laws and constitution of the State, and the constitution of the United States; so help me God. And said oath shall immediately thereafter be filed with the Governor and remain with the executive department. He shall have authority to issue criminal warrants, warrants to dispossess intruders and tenants holding over, distress warrants, 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. Judge, qualifications and oath. Powers. SEC. 5. Be it further enacted, That there shall be a solicitor-general of said city court of Ocilla, who shall be appointed by the Governor, by and with the consent of the Senate, whose term of office shall be for four years, and until his successor is appointed and qualified, and all vacancies shall be filled in a like manner for the unexpired term. He must, at the time of his appointment, be at least twenty-five years of age; he must also have been a resident of Irwin county at least one year preceding his appointment, and he must also have been a regular practicing attorney at law at least three years before his appointment, and he shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I do solemnly swear that I will faithfully discharge the duties imposed upon

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me by law, a solicitor of the city court of Ocilla; so help me God. And said oath shall immediately thereafter be filed with the Governor, and remain with the executive department. He shall give bond in the sum of two thousand dollars for the faithful performance of the duties of his office, such bond to be made payable to the Governor of Georgia, approved by the judge of said court, and entered upon its minutes. He shall prosecute all offenses cognizable before the court, and shall represent the State in each case carried to the Court of Appeals from said city court. The fees of the solicitor in said city court shall be the same as the fees now provided by law for the solicitor-general for services in like cases in the Superior Court, except that in all cases of prosecutions for violations of any laws prohibiting or regulating the sale of whiskey, wines, beer or intoxicating drinks he shall receive the same fees as are now allowed and provided in cases of larceny from the house or gaming, for representing the State in each case carried to the Court of Appeals from said city court, his fees shall be the same as the fees of the solicitor-general for like services in the Superior Court, for all services for which this Section does not provide, he shall receive the same fees as are now allowed solicitor-general for similar services in the Superior Court. In the absence or disqualification of the solicitor-general, the judge of said city court shall appoint a solicitor pro tem, who shall receive the same fees as are allowed the regularly appointed solicitor-general of this court. Solicitor, appointment Qualifications and oath. Bond. Fees. SEC. 6. Be it further enacted, That the solicitor-general of said city court shall, for his services in the Court of Appeals, be paid out of the treasury of the State in the same manner as the solicitor-general of the

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Superior Court is paid for like services rendered in the Supreme Court. Fees for services in Court of Appeals. SEC. 7. Be it further enacted, That the sheriff of Irwin county shall be ex-officio sheriff of said city court of Ocilla, and in his official connection with said city court shall be known as the sheriff of the city court of Ocilla. Said sheriff shall not be required to give an additional bond for the faithful discharge of his duties, but all the liabilities attached to the office of sheriff of the Superior Court of Irwin county shall attach to the office of sheriff of the city court of Ocilla, and the official bond given by him as sheriff of Irwin county shall be held liable for the faithful performance of his duties as sheriff of the city court of Ocilla. He shall have the same authority to appoint deputies as is provided in the Superior Court for the appointment of deputy sheriffs, and he shall be held liable on his official bond for their acts as such deputies. He shall receive a per diem of two dollars per day for each day actual service or attendance upon said court when it is in actual session, and when his deputy or deputies are required to be in attendance upon said court, they shall receive the regular pay of bailiffs of the Superior Court. Sheriff. SEC. 8. Be it further enacted, That the clerk of the Superior Court of Irwin county shall be ex-officio clerk of the city court of Ocilla, and in his official connection with said court, shall be known as the clerk of the city court of Ocilla. He shall have power to appoint a deputy or deputies, who, when so appointed, may perform all the duties herein prescribed for said clerk. All duties and liabilities attached to the office of the clerk of the Superior Court of Irwin county are hereby

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attached to the office of the clerk of the city court of Ocilla. He shall not be required to give bond in addition to that given as clerk of the Superior court, but the bond given as clerk of the Superior Court shall be held liable for his faithful performance of his duties as clerk of the said city court, and of his deputies of said city court. The judge of the city court of Ocilla is empowered with the same authority over said clerk and said sheriff of said city court and their deputies as is exercised by the judge of the Superior Court of this State over the clerks of the Superior Coruts and the sheriffs of the counties of Georgia. Clerk. SEC. 9. Be it further enacted, That if the sheriff of said court shall be disqualified from performing the duties of his office, or shall fail and refuse to perform the same, that then and in that event it shall be within the power of the judge of said court to appoint some fit and proper person to act as bailiff of said court, and to perform all the duties of the sheriff thereof so long as the sheriff is disqualified or refuses to act. Said bailiff shall take an oath to faithfully perform the duties of his office, and shall give bond in a sum to be fixed by the judge in the order appointing him. Bailiffs. SEC. 10. Be it further enacted, That all ministerial duties hereby given to either the judge or clerk of said city court of Ocilla, the issue of all mesne or final processes, summons, foreclosures of liens or mortgages, attachments or garnishments, or other like papers, may be done either by the judge in his own name or by the clerk or his deputy, the same bearing test in the name of the judge of said city court, provided, however, that nothing herein contained shall authorize said clerk or

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his deputy to issue any criminal warrant, writ of habeas corpus, quo warranto, or to perform any other duty of a judicial nature. Ministerial duties of judge and clerk. SEC. 11. Be it further enacted, That the sheriff of said city court shall receive as cost in criminal cases the same fees as are allowed him for service in the Superior Court. In all civil cases where the amount involved exceeds one hundred dollars, he shall receive the same fees as are allowed the sheriff of the Superior Court, where the amount claimed or involved is less than one hundred dollars, the sheriff shall receive for his services one-half the fees allowed for the same services in the Superior Courts. The fees of said sheriff for summoning each jury in said court shall be one-half the fees allowed for similar service in the Superior Court, the same to be paid out of the county treasury upon an order of the judge directed to the county commissioners, or to the person having in charge the payment of county matters. Fees of sheriff. SEC. 12. Be it further enacted, That the clerk of said city court shall, as fees in criminal cases, receive the same amount as are now or may hereafter be allowed for criminal cases in the Superior Court of Irwin county, except where no indictment has been found, the clerk shall receive only three dollars, and in all civil cases where the amount involved does not exceed one hundred dollars, the clerk of said court shall receive the same fees as are now allowed for monthly term cases in the county court; where the amount involved is more than one hundred dollars and does not exceed five hundred dollars, the clerk shall receive for his services the same fees as are now allowed for quarterly term cases in the county court. In all proceedings where

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the amount claimed or involved exceeds the sum of five hundred dollars, the said clerk shall receive as his fees the same fees as are now, or may hereafter be allowed the clerk of the Superior Court for like services in the Superior Courts, and for services rendered when no compensation is provided, he shall receive for such services rendered such an amount as the judge, in his discretion, shall allow, on an itemized bill rendered and properly sworn to. Fees of clerk. SEC. 13. 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 them in the same way and with the same power as judges of the Superior Courts. Habeas corpus. SEC. 14. Be it further enacted, That the regular terms of the said city court shall be held bi-monthly, beginning on the third Monday in August, 1909, and on the third Monday in October, December, February, April, June and August thereafter, but may be changed at any time, in the discretion of the court by an order entered on the minutes of said court providing for such change after the publication thereof, once a week for four weeks in the official gazette of Irwin county. The judge of said court shall have power to hold the same in session from day to day, or adjourn the same over to such time as in his discretion the exigencies of the business require for the trial of criminal or civil business, or both. The judge shall also have power to hold special sessions as the exigencies of the business may require, for the trial of criminal business, and for this purpose may require the attendance of jurors who have been drawn for the succeeding term, or he may hold

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special sessions thereof without a jury, the trial of criminal business, first giving the solicitor-general and the defendant reasonable notice thereof and reasonable time to prepare for trial. Terms of court. SEC. 15. Be it further enacted, That whenever the judge of said city court is from any cause disqualified in any case pending therein, any judge of the Superior Court, or any judge of any constitutional city court in this State may preside therein, and in case no qualified judge is present to preside in the case, then, upon consent of parties or upon their failure or refusal to agree, said case shall be tried by a pro hac vice, selected in the same manner as is provided in the Superior Court. Judge, disqualified. SEC. 16. Be it further enacted, That in the city court of Ocilla, the same rules of procedure, practice, pleading and service shall obtain as are now of force, or that may hereafter be provided in the Superior Courts of this State, except where the same conflicts with this Act, or is otherwise herein provided. The processes to writs shall be annexed by the clerk of said court be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Ocilla, his deputies, or the bailiff of said city court. Procedure. SEC. 17. Be it further enacted, That at each term of said city court actually held, it shall be the duty of the presiding judge to call the appearance docket on a day to be named on the first day of the term, at which time, in all cases founded upon unconditional contracts in writing, where there has been legal service perfected on the defendant and no issuable defense is filed in writing thereto, or if filed, is adjudged to be insufficient in law either in form or substance, and is stricken, then judgment

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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 on account, which is positively verified under oath by the plaintiff, his, or her, or its duly authorized agent or officer, and there has been legal service of such declaration together with such verification, and no defense is filed thereto under oath, or if such defense is filed and 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 declaration and pleas, motions to dismiss, and dilatory pleas shall be passed upon at such appearance term of the court, unless the same shall be by 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 rule of procedure and practice prevailing in the Superior Courts of this State at the time of the trial. In all cases other than those specially referred to in this Section of this Act, a jury trial may be had therein under the following rules: 1st. If the plaintiff shall, at the time of filing his suit, in writing so demand. 2nd. If the defendant at the time of filing his plea in writing, so demand. 3rd. If either party at the call of the appearance docket shall, in writing, so demand. 4th. The presiding judge shall have the right to submit any case involving any issue of fact to a jury. When a jury is demanded by

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either party, the same shall not be withdrawn without the consent of the adverse party. All criminal cases shall be tried by a jury, unless the defendant by himself or his counsel and the solicitor-general, in open court, waive a jury trial, which waiver shall be in writing and entered upon the accusation or the indictment. Practice. SEC. 18. Be it further enacted, That all judgments obtained in said city court shall be lien upon all property belonging to the defendant, or defendants throughout this State, in the same manner as judgments of the Superior Court are, and all executions issued from said city court shall be tested in the name of the judge thereof, signed by the clerk, or his deputy, and directed to the sheriff, or his deputies, or bailiff of the city court of Ocilla, and to all and singular the sheriffs, or their deputies, of the State of Georgia. Lien of judgments. SEC. 19. Be it further enacted, That said city court shall have jurisdiction of all claim cases when personal property is levied on under executions or other processes issued from said city court, and such claims shall be tried in the same manner as claims in the Superior Court, except that the execution, attachment, or other process and the levy, together with the claim affidavit, shall form the issue to be tried, and there shall be no requirement to join issue as now provided by law in the Superior Court. Claim cases. SEC. 20. Be it further enacted, That claims to realty levied on under executions or other processes from said city court shall be returnable to the Superior Court of the county where such property is situated, and then shall proceed as other claims in the Superior Court. Claim to realty.

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SEC. 21. Be it further enacted, That all laws upon the subject of attachment and garnishment as to any matter whatever in the Superior Courts of this State, except as herein provided, shall apply to said city court, so far as the nature of the said city court will permit. Attachments in said city court shall be directed to the sheriff, his deputies, or the bailiff of the city court of Ocilla, and to all and singular the sheriffs and constables of this State, and the judge of the city court may or any justice of the peace may issue attachments returnable to said city court under the same laws that govern the issuing of attachments returnable to the Superior Courts. Attachments and garnishments. SEC. 22. Be it further enacted, That garnishment proceedings in said city court shall be conformable to the laws of the State on the subject of garnishment in the Superior Court, except as herein provided. When any garnishment proceeding commenced under Sections 4715, or 4716 and 4717 of the Code of Georgia of 1895, Volume 2, based upon suits pending in said city court, or judgment obtained in said city court the person served with summons of garnishment residing in a different county from the county of Irwin shall be required to answer in the Superior Court of the county of his residence in the same manner provided in the said Sections aforesaid. Garnishments. SEC. 23. Be it further enacted, That scire facias to make parties in any case 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 in any county thereof. Parties.

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SEC. 24. Be it further enacted, That the judge of said city court shall have power to have testimony to be taken, and to be 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, he shall have power to appoint, from time to time, a regular commissioner to take testimony under the same rules and regulations as provided in the Superior Courts of this State, and the judge and all other officers of said city court shall have power to administer oaths pertaining to their offices, as the judge and other officers of the Superior Court may do in like cases, 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 law, such paper may be attested, and affidavits administered by judges of the Superior Courts or justices of the peace in this State, and the judge of the said city court shall have all the power and authority throughout his jurisdiction of judges of the Superior Courts, except where by laws exclusive jurisdiction, power and authority are vested in the judges of the Superior Courts, and all laws regulating or 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. Powers of judge. SEC. 25. Be it further enacted, That said city court of Ocilla shall be a court of record, and shall have a seal, and the minutes, records, orders and other books and files that are required by law and rules to be kept by the Superior Courts, 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 Courts shall apply to them in said city court,

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except where they conflict with the provisions of this Act. Court of record. SEC. 26. Be it further enacted, That all laws regulating the enforcements 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 Superior Courts, and the judge of said city court shall have power and authority to order sales of perishable personal property, and to property likely to deteriorate in value from keeping of the same, in all cases where the same has been levied on under process issuing from said court, and it is not replevied, under the same rules and regulations as are now provided by law, or otherwise, in his discretion, under special order of the court. Judgments, enforcement. SEC. 27. Be it further enacted, That all persons liable to serve as grand or petit jurors in the Superior Court of said county shall be liable to serve as petit jurors in said city court, and it shall be the duty of the clerk of said city court, together with the judge and sheriff of the said court, to copy into a book or list not less than two-thirds of the names of persons liable to jury service in the Superior Court of Irwin county as a petit jury list for said city court, and to make a new list as often as the said Superior Court jury list is revised, to conform to such revision, and said book or list containing the list of persons so liable to serve as jurors in said city court, as above described, shall be alphabetically arranged, and shall be kept in the office of the clerk of said city court. The said clerk shall also make out tickets equal in number to the number of names on

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said city court jury list, and write upon each ticket the name of one of such persons, and deposit the same in a box, to be provided by the authorities of Irwin county at public expense, and numbered one, until there shall be a ticket in said box bearing the name of each person on said list of city court jurors. Jurors. SEC. 28. Be it further enacted, That during each session of court held by the said city court, beginning with the first session herein provided to be held on the third Monday in August, 1909, if the business of said court, in the opinion of the judge, or if jury trial or trials have been demanded, he shall, in open court, by the assistance of the clerk and sheriff of said court, draw from said box number sixteen names of persons to serve as jurors at the next term of said court to be actually held, and shall cause the clerk to record the names of jurors so drawn, and then place them in another box, to be provided as above stated, numbered two. These boxes above mentioned shall be constructed so as to be kept under one lock and seal, and shall be kept locked and sealed, and shall not be opened by any one, except the judge of said city court, or the judge of the Superior Court when presiding in his stead, or such other judge of a city court as may be lawfully presiding in said city court, except in cases where, from failure to draw a jury at term time, or from any cause it may be necessary to draw a jury in vacation. Should it be necessary to draw a jury in vacation, the said judge of the city court, or the judge of the Superior Court of Irwin county, may at any time ten days before the next term of said court, proceed to draw jurors in the same manner as above described. The clerk shall keep said

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jury boxes and the sheriff of the city court shall keep the key. Juries. SEC. 29. Be it further enacted, That the clerk shall make out a precept containing the names of the persons so drawn, as above directed, and summons for each juror, and deliver the same to the sheriff of said city court ten days before the next term of said court, who shall serve each of said persons at least five days before the next term of said city court at which he is required to attend. Jurors. SEC. 30. Be it further enacted, That sixteen jurors shall be drawn, summoned and empanelled, and if by reason of non-attendance, disqualification, legal excuse or discharge by the court of any regular panel the same is not full, the presiding judge shall direct the same to be filled by tales jurors in the same manner as done in the Superior Court. In all civil cases each side shall have two strikes from said panel of sixteen, and in criminal cases the defendant shall have three, and the State one, from said panel; provided, however, that at any time when, in the discretion of the presiding judge, it will expediate the public business, he may cause tales jurors to be summoned or caught up so there will be in attendance upon the court any number of jurors not to exceed thirty-two jurors, from which panels of sixteen shall be made up in each case to be tried; provided, further, that in any case, where juries are out, for any cause there are not as many as sixteen jurors in open court, so that a full panel of sixteen can be made up for trial of any case, then by consent of both parties to any civil cause, or of the defendant and the solicitor-general in any criminal case, a panel of any number

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less than sixteen may be made up for the trial of any case as such consent is made in, in all cases where such consent is entered into, each side shall have an equal number of strikes in civil cases, and in criminal cases the strikes shall be likewise agreed upon; and, provided, further, that by like agreement a trial jury of any number not less than five may be made up from the jurors present not engaged in the trial of other business, to try such case, civil or criminal, but in all cases if either party desires it, a full panel of sixteen shall be furnished by the court from which to select a jury of twelve. The sheriff shall be allowed a fee of five dollars for summoning the said city court jury for each term of court, the same to be paid in the same manner as the sheriff of the Superior Court is paid for similar services. Jury panels. SEC. 31. Be it further enacted, That defendants in criminal cases in said city court of Ocilla shall be tried on written accusations, setting forth plainly the offense charged, founded upon affidavit of the prosecutor, and signed by the solicitor-general of said city court in all cases within the jurisdiction of said city court, except in cases where indictments have been transferred from the Superior Court, and there shall be no right to demand indictment by the grand jury of Irwin county. All proceedings as to accusations shall conform to the rules governing like cases in the Superior Court, except that there shall be no jury trials unless the same shall be demanded by the accused or the solicitor-general at the proper time according to law and the rules of the court. In all cases the accusation shall set forth the offense charged with the same particularity, both as to the matter of form and substance, as is required by the laws and rules of criminal pleading to be observed after

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the same manner of indictment in the Superior Courts. Upon accusation being filed, the judge shall issue a bench warrant in the same way, and to the same effect, as if done by the judge of the Superior Court upon indictment being filed, all laws with reference to indictment in the Superior Court being hereby made applicable to accusations in said city court. Accusation. SEC. 32. Be it further enacted, That the judge of the Superior Court of Irwin county shall send down from said Superior Court all presentments and bills of indictment for misdemeanors that are untried in said Superior Court, for trial. Such order of transfer to be granted either in term time or in vacation, and to be entered upon the minutes of both said courts. Transfers from Superior Court. SEC. 33. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public who are ex-officio justices of the peace of Irwin county, and all mayors and recorders of incorporated towns and cities in said county to bind over to said city court all persons for offenses committed within the limits of Irwin county, over which said court has jurisdiction, to answer for said offenses. Appearance bonds. SEC. 34. Be it further enacted, That before the arraignment of the defendant, either on indictment, presentment, or accusation, the judge of said city court shall inquire of him or his counsel whether he demands a trial by jury, and the response of the defendant shall be entered on the back of the accusation, indictment, or presentment, and signed by the prosecuting officer of said city court. If the defendant demands a trial by jury, the same shall be granted him or her, and if the court is not sitting at a regular term so that a jury trial

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can be had, then 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 until the next regular term of the court, unless there be sooner an adjourned term, at which a jury can be empanelled. If the defendant waives trial by jury, then the judge shall proceed to try him, hearing and determining such criminal case conformably to the law governing the Superior Court, as the same may be applicable, unless the judge should, of his own motion, or upon demand of the solicitor-general, refer the same to a jury for trial. If upon the trial of any criminal case it should appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend trial and commit or bail over the defendant to the next term of the Superior Court as in preliminary examinations; provided, always, that reasonable time shall be granted to the defendant and the State to procure witnesses. Trial of criminal cases. SEC. 35. Be it further enacted, That in all cases in said city court the same powers and the same rights of parties as to waiver in pleadings and procedure, or other matters pertaining to the same, shall be allowed and upheld as in the Superior Courts of this State Waivers. SEC. 36. Be it further enacted, That the judge of said city court shall have power to grant or refuse a new trial in any case, civil or criminal, in his court upon the same terms and condition, in every respect, governing the granting or refusing new trials in the Superior Court. All rules of practice, pleading and procedure governing motions, amendments thereto, rule nisi, briefs of evidence, and the charge of the court, if any, and all

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other proceedings in new trials in the Superior Courts shall apply and govern in said city court. New trials. SEC. 37. Be it further enacted, That a writ of error shall lie from said city court to the Court of Appeals of this State upon a bill of exceptions filed, under the same rules and regulations or govern and control the issue of writs of error and filing of bills of exceptions in the Superior Courts of this State. Writs of error. SEC. 38. Be it further enacted, That all cases, civil and criminal, pending and undisposed of in the county court of Irwin county at the time this Act goes into effect and the city court of Ocilla is organized and ready for the transaction of business, including all civil cases filed in said county court, whether the parties have been served or not, shall be, and are, hereby transferred to the city court of Ocilla, created and to be organized by this Act, and the same including claims and illegalities hereafter filed shall be placed upon the proper docket in the said city court, created and to be organized by this Act, to be there disposed of as if originally filed in said court. All fi. fas. and other processes now in the hands of the sheriff, bailiff, and other officers, or that may hereafter come into their hands which are made returnable to the county court of Irwin county shall be by them returned to the city court of Ocilla, created and to be organized by this Act, when the same is organized and ready for business. The judge and officers of said city court created and to be organized by this Act shall have power and authority to issue and enforce in the name of said city court of Ocilla any and all processes in any case from the county court of said county. All records, books and papers disposed of and

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of file in the county court of Irwin county shall be filed and deposited with the clerk of the city court of Ocilla. Transfers from county court. SEC. 39. Be it further enacted, That all jurors in said city court of Ocilla shall each receive the same pay for their actual attendance and service in said court, and the same shall be paid in the same manner as in the Superior Court of Irwin county. Pay of jurors. SEC. 40. Be it further enacted, That all suits against joint obligors, joint promissors, co-partners, or joint trespassers in which any one or more reside in the county of Irwin, may be brought in said city court, if 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 suits. Jurisdiction. SEC. 41. Be it further enacted, That all rules of the Superior Court regulating continuances, motions, pleas and practice, except as herein specified, shall be applicable to said city court, and shall obtain therein; provided, that the judge of said city court shall have power to adopt and enforce rules limiting argument in cases of justice or county court jurisdiction. Practice. SEC. 42. Be it further enacted, That at the close of each term of the court, and from time to time during vacation, as occasion may require, the solicitor of said city court shall distribute the fines and forfeitures arising from the cases tried in said city court as follows: All bills due the solicitor-general of said city court, the sheriff and the clerk thereof, justices of the peace and notaries public who are ex-officio justices of the peace, constables and bailiffs, which shall be approved by the

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judge and entered upon the minutes, and shall be a lien upon all fines and forfeitures raised in the court superior to all other liens or claims for insolvent and other costs, and when the solicitor distributes such fines and forfeitures, he shall pay the same to the solicitor-general of said court, the sheriff, and the clerk thereof, the justices of the peace and the notaries public aforesaid, constables and bailiffs, taking their receipt therefor, the same to be provided by the commissioner of said county at public expense, and when all of the bills are fully paid, he shall order the surplus paid to the treasurer of said county, who shall place it to the credit of fines and forfeitures funds of said city court, and it shall be distributed according to law. The solicitor-general and clerk of the Superior Court and sheriff of the Superior Court shall share pro rata in the fines and forfeitures arising from cases transferred from the Superior Court before any surplus is paid to the county treasurer. When a justice of the peace, or notary public who is ex-officio justice of the peace, has bound over any such offender whose case is transferred, such officer, as well as the constables, shall share on the same terms with the sheriff, clerk, and solicitor-general of the Superior Court, in any fund, fine or forfeiture arising in the case; provided, however, that the insolvent cost due the solicitor-general, the sheriff and the clerk of the Superior Court shall be paid only from monies arising from fines and forfeitures in cases transferred from the Superior Court. Fines and forfeitures. SEC. 43. Be it further enacted, That the same laws and rules governing hire of misdemeanor convicts that now or may hereafter obtain and govern in the Superior Court of Irwin county shall obtain and govern as to

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convicts from the city court of Ocilla, unless herein otherwise directed. Money arising from the hire of convicts from said city court after the payment of fees and costs of the officers of the court entitled thereto, shall be disposed of in the same manner as that arising from the fines and forfeitures in the said city court. Hire of convicts. SEC. 44. Be it further enacted, That in the event that the convicts from the said city court shall hereafter be taken charge of by the ordinary, or other county authorities of Irwin county, and by them put to work on the roads of said county, or other public works of any kind, it shall be their duty, and they are hereby directed to pay over to the solicitor-general of said city court for distribution the full amount of cost and fees due the officers of the court in each case, and also the amounts due the justices of the peace, notaries public who are ex-officio justices of the peace, constables and bailiffs that they may be entitled to in each case. Court costs. SEC. 45. Be it further enacted, That there may be an official stenographer of said city court of Ocilla, appointed by the judge thereof, to hold office during the pleasure of the court, and all civil cases in said court shall be reported at the request of the parties, or upon order of the court; the fees for reporting and transcribing the testimony in each case shall be such an amount per hundred words, as may be contracted by the parties to the cause, but in no case will the stenographer be allowed to charge a fee in excess of one-half of the amount allowed for similar services in the Superior Court of Irwin county, same to be paid by the defendant and plaintiff equally, and in final disposition, to be taxed against the losing party, as other cost. Said

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stenographer shall have the same right to enforce the payment of his fees as in the Superior Court. Said stenographer shall also report all criminal cases, together with the charge of the court. His fees in thus reporting criminal cases are to be such an amount per hundred words as may be contracted by the judge and said official stenographer, such contract to be entered on the minutes of the court, and in no event to be more than five dollars per day for such services, the same to be paid out of the county treasury, as now paid in the Superior Court in felony cases, and in case any defendant or a motion for a new trial or bill of exceptions may desire a transcript of the evidence and charge of the court in any criminal case so reported, then it shall be the duty of said official stenographer to furnish the same. It shall be the duty of the official stenographer to attend each session of the city court, or to furnish a competent deputy to perform his duties and services. Stenographer. SEC. 46. Be it further enacted, That said city court shall be held at the court house of Irwin county, in the city of Ocilla, or at such place as the regular term of the Superior Court of Irwin are held, or such other place as the Ordinary or other county authorities of Irwin county shall designate from time to time, and the Ordinary or other county authorities shall provide the necessary books and files for keeping the dockets, minutes and records and papers belonging to said city court. Court house and records. SEC. 47. Be it further enacted, That this Act shall go into effect immediately upon its passage, and courts held thereunder as provided in Section 14 hereof.

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SEC. 48. 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, 1909. QUITMAN, CITY COURT OF, ACT CREATING AMENDED. No. 260. An Act to amend an Act approved August 11, 1904, establishing the city court of Quitman and as amended August 21st, 1905, so as to change the quarterly terms of said court; also, so that the defendant shall have the right to demand an indictment by the grand jury of Brooks county; so that in civil suits for not over $100.00, and of issues and proceedings when not over $100.00 in value is involved shall be tried by the judge of said court without the intervention of a jury, and to abolish the right by trial by jury in such cases; and so that said court shall not have jurisdiction in civil suits and of issues and proceedings when the amount involved is under $50.00; and so that in all cases returnable to the quarterly term of said court when there has been no defense filed on the first day of the first term, or when the defense is stricken on motion, judgment may be taken at any subsequent day of the term upon the call of the case in open court. 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 an Act approved August 11, 1904, establishing the city court of Quitman,

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in and for the county of Brooks, be amended as follows: By striking therefrom the words in the second and third lines thereof shall have jurisdiction to try and dispose of all civil cases of whatever amount, and by inserting in lieu thereof the words shall have jurisdiction to try and dispose of all civil cases of whatever amount, provided, the amount involved is $50.00 or over, so that said Section, when amended, shall read as follows: Section 2. Be it further enacted, That said city court of Quitman shall have jurisdiction to try and dispose of all civil cases of whatever amount, provided the amount involved is $50.00 or over, except in those cases over which exclusive jurisdiction is vested in the Superior Court by the constitution and the laws of the State of Georgia; always provided, that said city court of Quitman 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. City court of Quitman, Act creating amended. Jurisdiction. SEC. 2. Be it further enacted by authority aforesaid, and it is hereby enacted by said authority, That Section 14 of an Act approved August 11, 1904, and as amended and approved August 21, 1905, establishing the city court of Quitman, in and for the county of Brooks, be amended as follows: By striking therefrom the words in the 15th and 16th lines of said amended Act, approved August 21, 1905, And the quarterly term to be held on the second Wednesday in March, June, September and December, and by inserting in lieu thereof the words and the quarterly terms to be held on the second Monday in January, April, July and October, so that said Section, when amended, shall read as follows: Section 14. Be it further enacted, That the terms of

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said city court of Quitman shall be monthly and quarterly. The monthly terms to be held on the third Wednesday in each month, and the quarterly terms to be held on the second Monday in January, April, July and October; the terms of such court shall last until the business is disposed of, or the judge may, in his discretion, hold adjourned terms, and may set cases for trial at convenient times and the same then may be tried as of term whether court has been from day to day until said time or not; provided, that said court shall be finally adjourned at least five days before the next succeeding term, either monthly or quarterly. The judge of said city court shall in his court at any other time than the regular term for the speedy transaction consistent with the interest of the State and the accused all criminal business which does not require a jury. Terms of court. SEC. 3. Be it further enacted, That Section 15 of the Act approved August 11, 1904, be amended as follows: By striking therefrom the words in the 12th, 13th and 14th lines thereof, Provided, that in any cases where a jury is demanded as herein provided, such cases shall be transferred to the next quarterly term of said court, and shall there stand for trial by a jury. And that said Section be further amended by inserting in line 26 of said Section, after the words defense, and before the word in, the following: Provided, the amount involved in the said cause shall be $100.00 in value or more, and that said Section shall be further amended by adding at the end of the same the following: That in all cases returnable to the quarterly term of said court when there has been no defense filed on the first day of the first term, or when the defense is stricken on motion, judgment may be taken at any subsequent day

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of the term upon the call of the case in open court, so that said Section, when amended, shall read as follows: SECTION 15. Be it further enacted, That in said city court the same rules of proceedings, service, pleading and practice shall govern as for the time being obtained in the Superior Courts, except as otherwise provided in this Act. The process to writs be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Quitman, or his deputies. Suits for not over $100.00 principal, and all issues and proceedings when not over $100.00 in value is involved, shall be returnable to the monthly session of said court and stand for trial at the first term by the court without the intervention of a jury. Ordinary suits brought to said monthly sessions shall be filed in the clerk's office of said court at least fifteen days before the term to which they are returnable, and the same shall be served at least ten days before the said term; and all other causes and proceedings must be brought to the quarterly term and stand for trial at the first or second term as similar causes would be tried in Superior Courts. The plaintiff in any cause shall be entitled to a trial by jury in said court by making a demand therefor in writing by himself or his attorney at the time of filing his defense, provided the amount involved in said cause shall be $100.00 in value or more, in all cases where, under the constitution and laws of the State of Georgia, such party is entitled to a trial by jury; provided, further, that it shall be the duty of the judge of said city court to sound the docket upon the opening of each term for the purpose of ascertaining in what cases, either civil or criminal,

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demands by a jury are to be made in accordance with the provisions of this Act. Procedure and practice. SEC. 4. Be it further enacted, That Section 16 of said Act be amended as follows: By inserting at the end of said Section the following: Provided, the amount involved in said cause shall be $100.00 or more in value, so that said Section, when amended, shall read as follows: Section 16. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases of which said court has jurisdiction, and give judgments and executions 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, as is provided for in Section 15; provided, the amount involved in said cause shall be $100.00 or more in value. Trials. 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 16, 1909. SPARTA, CITY COURT OF, ACT CREATING AMENDED. No. 8. An Act to amend an Act creating 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

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officers, and for other purposes, approved Aug 17th, 1905, so as to provide for the appointment of a judge to preside in said court in cases where the judge thereof is disqualified, for the payment of costs of the justice of the peace, notaries public and constables in 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 from and after the passage of this Act Section 36 of an Act of the General Assembly of the State of Georgia, approved August 17th, 1905, 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, be, and the same is, hereby amended, by striking all of the words after the word presiding in the third line of said Section 36, and insert in lieu thereof the following: The judge of the Superior Court, or the judge of any city court in this State, may preside in said city court, and in case of such disqualification should the presiding judge fail to procure the services of a judge to try said case, and the parties litigant fail to agree upon an attorney to preside in said case, as now provided by law, then, in that event, when said case is reached in its order on the docket, it shall be the duty of the clerk of said city court of Sparta to select some experienced attorney practicing in that court who shall likewise have authority to preside in said case, so that said Paragraph of said Act when so amended shall read as follows: City court of Sparta, Act creating amended. SEC. 36. Be it further enacted by authority aforesaid, That whenever the judge of said city court is, from

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any cause, disqualified from presiding, the judge of the Superior Court, or the judge of any city court in this State, may preside in said city court, and in case of such disqualification should the presiding judge fail to procure the services of a judge to try said case, and the parties litigant fail to agree upon an attorney to preside in said case, as now provided by law, then, in that event, when said case is reached in its order on the docket, it shall be the duty of the clerk of said city court of Sparta to select some experienced attorney practicing in said court who shall likewise have authority to preside in said case. Judge, disqualified. 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 Act Section 39 of said Act be, and the same is, hereby amended by striking all of the words between the words city court in the 5th line and the words said costs in the 6th line of said Section 39 and by inserting in lieu thereof the following: And to the justices of the peace or notaries public who are ex-officio justices of the peace and to the constables of said county, all costs due them respectively which have accrued in the particular case in which said defendant is convicted and sentenced, so that said Section when so amended shall read as follows: SEC. 39. Be it further enacted by the authority aforesaid, That in each case in said city court in which the defendant is sentenced by the judge of said city court to the county chaingang, the county commissioners of Hancock county, shall pay to the officers of said city court and to the justices of the peace or notaries

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public who are ex-officio justices of the peace and to the constables of said county all costs due them respectively which have accrued in the particular case in which said defendant is convicted and sentenced, said costs to be due and payable upon the receipt of said convict by said county authorities. Fees of officers. SEC. 3. 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 July 29, 1909. ST. MARYS, CITY COURT OF, ACT CREATING AMENDED. No. 19. An Act to amend an Act entitled, An Act to establish the city court of St. Marys, in and for the county of Camden; 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 August 17th, 1908. 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 four of said Act be amended by striking from said Section the words and figures one thousand (1,000) wherever the same appears, and substituting therefor the words and figures five hundred (500), so that said Section as amended shall read as follows: City court of St. Marys, Act creating amended. SEC. 4. Be it further enacted, That there shall be a judge of said city court of St. Marys, who shall be

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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 by 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 the appointment, then subject to the approval of the Senate at the next session thereafter. The judge of said city court of St. Marys shall receive a salary of five hundred 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 term of the judge first appointed under this Act shall expire January 1st, 1913. Judge, appointment. Salary. SEC. 2. Be it further enacted, That Section five of said Act be amended by striking from said Section the following words: He must also have been a resident of Camden county at least four years immediately preceding his appointment, so that said Section when amended shall read as follows: SEC. 5. Be it further enacted, That any person who shall be appointed judge of said court must at the time of said appointment be at least twenty-three years of age, 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: Qualifications of judge.

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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 a 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 the Constitution of this State and 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. Oath. SEC. 3. Be it further enacted, That Section nine of said Act be amended by striking all of said Section and substituting therefor the following: SEC. 9. Be it further enacted, That the terms of said city court of St. Marys shall be held as follows: On the second Mondays in February, May, August and November of each year. The judge of said court shall have power to hold said court in session and adjourn from time to time; provided, that such court shall be finally adjourned at least five days before the next succeeding term. Terms of court. 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 4, 1909.

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STATESBORO, CITY COURT OF, ACT CREATING AMENDED. No. 203. An Act amending an Act establishing the city court of Statesboro, in Bulloch county, approved August 10th, 1903, and the several Acts amendatory thereof, so as to limit the jurisdiction in civil cases in said court to suits where the principal sum claimed is forty dollars or more. Also, to amend said Act, so as to not require the sounding of the docket in said court for the the purpose of ascertaining what cases demand jury trials. Also, to amend said Act, so as to regulate the filing of pleas in said court in suits where the principal sum claimed is one hundred dollars or more, 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 1 of the above recited Act approved August 23d, 1905, amending the Act, approved August 10th, 1903, be, and the same is, hereby amended by adding the words: Is not less than forty dollars and, between the word claimed and the word does in the 21st line of said Section 1 of said Act, and by adding the words above forty dollars between the word amount and the word the in the 23d line of said Section 1 of said Act, so that said Section 1 when thus amended shall read as follows: City court of Statesboro. SECTION 1. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly; the monthly terms for the trial and disposition of criminal business, and such civil business in which the principal sum claimed is not less than

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forty dollars and does not exceed one hundred dollars, and the quarterly terms for the trial and disposition of criminal business and all civil business of whatever amount above forty dollars. The time of holding the monthly terms of said court shall be the first Wednesday in each month and the terms of said court held in January, April, July and October shall also be the quarterly terms of said court. The terms of such court shall be held at the court house in the city of Statesboro, in said county of Bulloch; for which, when necessary, juries shall be drawn as hereinafter directed and shall last until the business is disposed of unless sooner adjourned for good cause. The judge of said city court shall, in his discretion, hold his court at the same place, at any other time than the regular term for the transaction of criminal business which does not require a jury as speedily as possible consistent with the interest of the State and accused, and may also hold adjourned terms of said city court, for which he may draw new juries and require the attendance of the same as in his sound legal discretion may seem best. Said city court judge may also, in his discretion, set cases for trial at convenient times and the same may be tried as of the terms, whether court has been held from day to day until said time or not. Terms of court. SEC. 2. Be it further enacted by the authority aforesaid, That Section 14 of the said Act approved August 10th, 1903, be amended by striking from the last of said Section the following words: Provided, further, that it shall be the duty of the city court judge to sound the docket upon the opening of each term for the purpose of ascertaining in what cases, either civil or criminal, demands for trial by jury are to be made in accordance

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with the provisions of this Act, so that said Section 14, when amended, shall read as follows: SEC. 14. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power and authority to hear and determine, without a jury, all civil causes of which the said court has jurisdiction, and to give judgment and execution therein; provided, always, that the plaintiff in any cause shall be entitled to a trial by a jury in said court by entering a demand by himself or his attorneys in writing at the time of filing his suit, and that the defendant in any cause shall likewise be entitled to a trial by jury in said court by making a demand therefor in writing by himself or his attorney at the time of filing his defense in all cases whereunder the Constitution and laws of the State of Georgia, such party is entitled to a trial by jury. Trials. SEC. 3. Be it further enacted by the authority aforesaid, That Section 38 of said Act, approved August 10, 1903, be further amended by striking from the fourteenth, fifteenth and sixteenth lines of said section, the following words: Upon the first day of the term to which the same is returnable, and unless defense be made upon the first day of the term, and inserting in lieu of the words so stricken, the following words: At the term to which the same is returnable and unless defense be made at the first term, so that said Section when amended shall read as follows: SEC. 38. Be it further enacted by authority aforesaid, That all civil cases within the jurisdiction of the monthly terms of said court shall be tried at the term to which the same was returned unless by reason of a demand of a trial by a jury by either party in such cases, it shall be necessary

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under the provisions of this Act for said case or cases to go over until another term of said court. In suits returnable to the monthly terms, defense must be made, as such defenses are required to be made in the Superior Courts of this State, upon the first day of the term to which they are made returnable; and unless such defense be made as herein provided said cases shall be considered in default, and such default shall not be opened except in the manner provided by law for opening defaults in the Superior Courts of this State. In suits returnable to the quarterly term of said court, defense must be made at the term to which the same is returnable, and unless defense be made at the first term, said case or cases shall be considered in default, and such default shall not be opened except in the manner provided by law for opening defaults in the Superior Courts of this State. Procedure and practice. 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, 1909. SYLVANIA, CITY COURT OF, ACT CREATING AMENDED. No. 201. An Act to amend an Act to establish the city court of Sylvania, approved December 15th, 1902, so as to provide for thirty jurors in said court, payment of two dollars per day to said jurors for their services, to pay the sheriff of said court for the time he is in actual attendance upon said court, to prohibit the

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demanding of indictments in said court in misdemeanor cases, and to provide for a stenographer for said court, and to fix his salary, fees, and 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 an Act of the General Assembly of the State of Georgia, approved December 15th, 1902, entitled 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 a judge, solicitor and other officers thereof, and to define their powers and duties; to provide for pleading, practicing and new trials therein; for the carrying of cases direct from said city court to the Supreme Court by bill of exceptions or writ of error, and for other purposes, be, and the same is, hereby amended by striking from the tenth line of Section 27 of said Act the word eighteen and inserting in lieu thereof the word thirty, so that said Section, when so amended, shall read as follows: Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Sylvania to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Screven county, as 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 Sylvania shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same in a box prepared for the purpose, from which shall be drawn thirty traverse jurors in the manner as now required by law in the Superior

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Courts. All laws with reference to the drawing, selecting and summoning traverse and tales traverse jurors in the Superior Courts shall apply to the city court, except that the sheriff shall be paid three dollars for summoning said jurors. All exemptions from jury duty now in force in the county of Screven shall apply and be of effect in the said city court. City court of Sylvania, Act creating amended. Traverse jurors. SEC. 2. Be it further enacted by the authority aforesaid, That the above recited Act establishing the city court of Sylvania, in and for the county of Screven, approved December 15th, 1902, be amended by striking from said Act all of Section 29, and inserting in lieu thereof, the following: Be it further enacted by the authority aforesaid, That from the thirty jurors drawn and summoned as above provided, a jury of eighteen shall be empanelled, and in all cases, civil or criminal, trial by a jury of twelve shall be had in said court, unless the same shall be waived, but a trial by a jury of twelve may be waived, and, in that event, a jury shall be selected, as follows: In civil cases, each side shall have five strikes, and, in criminal cases, the defendant shall have six strikes and the State four strikes; eight shall thus constitute a jury. If either party in a civil case, or the defendant or the State in a criminal case, declines to waive trial by a jury of twelve, then in civil cases each side shall be allowed three strikes, and in criminal cases the defendant shall be allowed four strikes and the State two strikes from said panel. The jurors, those drawn on the regular panel, and likewise those talesmen which the judge of said court is hereby empowered to have summoned instanter at any term of said court, whenever necessary to complete a panel, shall each receive the sum of two dollars per day while

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serving as jurors in said court, the same to be paid under rules governing the payment of Superior Court jurors. All laws in regard to empanelling and summoning jurors in the superior courts of this State, not inconsistent with this Act, shall be of effect and apply to said city court. Juries. SEC. 3. Be it further enacted by the authority aforesaid, That the above recited Act establishing the city court of Sylvania in and for the county of Screven, approved December 15th, 1902, be amended by adding another Section to said Act, to be known as Section 46, which shall read as follows: It shall be within the discretion of the judge of said court to summon jurors for such terms of said city court as the dispatch of business may require, and also within his discretion to summon either a jury of thirty jurors, or a jury of eighteen jurors for said court. Juries. SEC. 4. Be it further enacted by the authority aforesaid, That the above recited Act establishing the city court of Sylvania, in and for the county of Screven, approved December 15th, 1902, be amended by striking from Section 9 of said Act everything appearing after the words similar services in the ninth line of said Section, and inserting in lieu thereof the following: Said sheriff shall also be entitled to a fee of two dollars per day for the time said sheriff is in actual attendance upon said court, not exceeding three days at any one term, which fee shall be paid monthly by the treasurer of Screven county, Georgia, so that said Section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That the fees of the sheriff of said city court shall be as follows: In criminal cases the fee shall be the same as those allowed the

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sheriff of the Superior Court for similar services, and, in civil cases, where the principal amount involved is more than one hundred dollars, the fee shall be the same as those allowed the sheriff of the Superior Court; where the principal amount does not exceed one hundred dollars, the fee shall be one-half the amount allowed the sheriff of the Superior Court for similar services. Said sheriff shall also be entitled to a fee of two dollars per day for the time said sheriff is in actual attendance upon said court, not exceeding three days at any one term, which fee shall be paid monthly by the treasurer of Screven county, Georgia. Fees of sheriff. SEC. 5. Be it further enacted by the authority aforesaid, That the above recited Act establishing the city court of Sylvania, in and for the county of Screven, approved December 15th, 1902, be amended by striking from said Act all of Section 15 thereof, and inserting in lieu thereof, as Section 15, the following: Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by a jury of twelve, except when the accused shall waive a full panel of twelve, or trial by jury, and in case of waiver of the latter by the accused, a trial shall be had by the judge of said court without the intervention of a jury. A plea to the accusation or indictment shall be a waiver of the right to trial by a jury of any number, 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 presiding that the evidence makes the case a felony against the accused, the judge shall thereupon suspend trial and commit or bind over the defendant to the next term of the Superior Court, as in preliminary examination. Trials in criminal cases.

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SEC. 6. Be it further enacted by the authority aforesaid, That the above recited Act establishing the city court of Sylvania, in and for the county of Screven, approved December 15th, 1902, be amended by striking from said Act all of Section 31 thereof, and inserting in lieu thereof, as Section 31, the following: Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court shall be tried on a written accusation, except in those cases transferred from the Superior Court, which accusation shall set forth plainly the offense charged, found upon an affidavit of the prosecutor and signed by the solicitor of said city court. That in all criminal cases within the jurisdiction of the city court of Sylvania, the defendant shall not have the right to demand an indictment by the grand jury of Screven county, Georgia, but, if at the first term after accusation shall have been found, and any criminal case shall have been called for trial, the defendant or his counsel should state in his place that a sufficient time has not been given to prepare such case for trial, it shall be the duty of the judge presiding, as a matter of right to the defendant, to continue such criminal case until the next regular term of said court. Furthermore, should it appear to the court on the call of any criminal case for the first time after accusation has been found, that any defendant is without counsel, and unable to procure counsel, and a sufficient time has not been given the defendant to prepare his case for trial, it shall be the duty of the court to grant the continuance as in this Section provided, after first appointing counsel for such defendant. All proceedings after accusations shall conform to the rules governing like cases in the Superior Courts. In all

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cases for trial, the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleadings to be observed in bills of indictment in the Superior Courts of this State. Accusation. SEC. 7. Be it further enacted by the authority aforesaid, That the above recited Act establishing the city court of Sylvania, in and for the county of Screven, approved December 15th, 1902, be, and the same is, hereby amended by adding another Section to said Act, to be known as Section 47, which shall read as follows: There shall be a stenographer for the city court of Sylvania, appointed by the judge thereof, whose term shall be two years from the date of his appointment, and until his successor is appointed and qualified, and all civil cases in said court may be reported at the request of either plaintiff or defendant, or other party to any cause, and the fee for reporting such cases shall be at the rate of seven and one-half cents per hundred words for transcribing, the fee to be paid by the plaintiff and defendant equally. It shall be the duty of said stenographer to take down the testimony and charge of the court in all criminal cases tried in said court, and for this service he shall be paid the sum of ten dollars per day while so engaged, this sum to be paid from the county treasury on the warrant or order drawn by the judge of said city court, but no criminal case shall be reported except upon the request of the defendant or his counsel or State's counsel. When a motion for a new trial has been made in any case, civil or criminal, said stenographer shall furnish a typewritten transcript of the testimony and charge of the court at the rate of seven and one-half cents per hundred words, to be paid

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for by the movant. Said stenographer shall have the same right to enforce the payment of his fees in civil cases, and all other rights not inconsistent with this Act, as is provided by law for the stenographers of the Superior Courts of this State. Stenographer. SEC. 8. 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 24, 1909. SYLVESTER, CITY COURT OF, ACT CREATING AMENDED. No. 23. An Act to amend an Act approved August 11th, 1904, entitled An Act to establish the city court of Sylvester, in and for the county of Worth, to define its jurisdictions and powers; to provide for the election of a judge and solicitor and other officers thereof; to define their powers and duties; to provide for pleadings and practice, and new trials in said court, and writs of error therefrom to the Supreme Court, and for other purposes, so as to add to the twenty-eighth Section of said Act, which Section authorizes persons to be accused of misdemeanors and put on trial in said court upon such accusation, a proviso entitling all such accused persons to demand an indictment by the grand jury before being required to plead. SECTION 1. Be it enacted, That the twenty-eighth Section of the above described Act approved August 11th, 1904, establishing the city court of Sylvester, be and the same is hereby amended by adding to said Section a

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proviso in the words following, to-wit: Provided, however, That whenever any person shall be arraigned in said city court of Sylvester upon any written accusation setting forth a charge that said person is guilty of any misdemeanor, and called upon to plead thereto, such person so accused may as matter of right then and there demand indictment or presentment by the grand jury of the county, and upon such demand being made, shall be excused for trial at that time. But the judge of said court shall in such event make such order or hold such preliminary investigation as may in his judgment be needful to secure the presence of such accused person to answer to such indictment or presentment, and which may be conformable to the laws and Constitution of Georgia. But if upon such demand being made, the solicitor of said city court or the person acting in such capacity shall make it appear that he had given written notice to such accused person, as much as twenty-four hours before arraignment, of his purpose to arraign upon said accusation, and have in said written notice called upon said accused person to say whether he would demand indictment for presentment, and that said accused person had failed after said notice to demand indictment or presentment and to take said demand in writing, then such accused person shall be held and deemed to have waived his right under this Act or otherwise to demand indictment or presentment, and shall forthwith be required to plead to the accusation. City court of Sylvester, Act creating amended. Trials in criminal cases. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict to the provisions of this Act be, and the same are, hereby repealed. Approved August 6, 1909.

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THOMASVILLE, CITY COURT OF, ACT CREATING AMENDED. No. 42. An Act to amend An Act to establish the City Court of Thomasville, in and for the county of Thomas; to define its jurisdiction and powers; to provide for the election of a judge and other officers thereof; to define their powers and duties, and for other purposes, approved August 18, 1905, so as to change date of term and limit fees of solicitor-general. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above named Act be amended by striking the word first in the third line of Section 6 and inserting in lieu thereof the word third. City court of Thomasville, Act creating amended. SEC. 2. Be it further enacted by the authority aforesaid, That the above named Act be further amended by adding at the end of Section sixteen of said Act the following words, to-wit: Provided, That after the expiration of the term beginning January 1st, 1909, the solicitor-general of said court shall keep an accurate account of all fees collected by him, and after he has appropriated to himself the sum of two thousand dollars in each fiscal year, he shall turn over the excess of said sum to Thomas county, taking the receipt of the treasurer of said county for his statement of account and the amount turned over. In no case shall said solicitor-general receive more than he has collected in fees, even though the amount be less than two thousand dollars. Fees of solicitor. Approved August 9, 1909.

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TIFTON, CITY COURT OF, ACT CREATING AMENDED. No. 57. An Act to amend Sections 1, 2, and 17, of an Act approved August 21st, 1906, entitled An Act to create and establish the city court of Tifton, etc. 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, 1910, the Act approved August 21st, 1906, entitled An Act to create and establish the city court of Tifton, etc., shall stand amended in the following particulars: City court of Tifton, Act creating amended. SEC. 2. By striking from Section 4 of the Act approved August 22nd, 1907, same being an Act to amend Section 1 of the Act creating the city court of Tifton, all of said Section following civil cases, in the 4th line and inserting in lieu thereof the following: unless the principal sum involved shall equal one hundred dollars or more, so that such Section as amended shall read as follows: Provided, that such court shall not entertain jurisdiction of any civil case unless the principal sum involved shall equal one hundred dollars or more. Provided, however, that this amendment shall not apply to actions in trover. Jurisdiction. SEC. 3. By striking from Section 2 of the Act approved August 21st, 1906, beginning with the words bi-monthly in the fifth line and running through the words November, in the 8th line, the following: bi-monthly for the trial of all business, civil and criminal, commencing on the second Monday in January, 1907,

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the sessions thereof shall be held on the second Mondays in January, March, May, July, September and November, and inserting in lieu thereof the following: as follows: The regular jury terms of said court shall be held on the first Monday in February, May, August and November. Terms of court. SEC. 4. In addition to the above sessions there shall be held terms for which no juries shall be drawn on the first Monday in January, March, April, June, July, September, October and December. Terms of court. SEC. 5. Any and all cases now within the jurisdiction of the city court of Tifton may be made returnable either to the monthly or quarterly terms, under the same conditions and requirements as to filing, service, pleas, demurrers, and defaults as are now of force by virtue of the Act creating the city court of Tifton. Upon the call of any case upon the issue docket either at a monthly or quarterly term, either party shall have the right, orally or in writing, to demand a trial by jury; when this demand is made at a monthly term, the judge shall make an entry of same upon his docket, and the case shall stand continued to the next term thereafter for which a jury has been drawn. At the monthly terms the judge may hear and dispose of all demurrers and special pleas, make entries of In Default, and render final judgment on defaults; try and dispose of all cases civil and criminal, ripe for trial, where a jury has not been demanded, and perform any and all judicial acts not inconsistent with the provisions of this amendment, it being the intent and purpose of this Act that all matters of jurisdiction, rights and remedies now provided for by the Act creating the city court of Tifton, excepting

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that of trial by jury, and those incident thereto, shall be the same at all of the terms, monthly and quarterly. Procedure and practice. SEC. 6. Be it further enacted, That Section 17 of said Act be amended by adding thereto the following: Provided, however, that in all cases where the principal sum sued for is less than the sum named the sheriff shall receive for every service by him of petition, process or writ the sum of $1.00, and for every levy $2.00. Fees of sheriff. SEC. 7. Be it further enacted by the authority aforesaid, That the solicitor of said city court from and after the passage of this Act, shall provide himself with a docket, in which docket said solicitor shall enter all criminal cases disposed of in said city court, whether by settlement, acquittal, or conviction. In said docket said solicitor shall enter the legal cost in each case, properly itemized; said solicitor shall also enter in said docket a statement showing the disposition of each case, the amount of fine and costs collected in each case, the disposition of said fine and costs, how distributed and to whom paid, and if a fine is not imposed, or if imposed and not paid, an entry shall be made on said docket showing this fact. Solicitors' docket. SEC. 8. Be it further enacted, That said solicitor shall keep said docket in his office, open to the inspection of the public at all times, and shall publish on January 1st and June 1st of each year, in the county Gazette, a complete statement from said docket showing cases disposed of, how disposed of, and fines in each of said cases, and the disposition of said fines and costs. Publication by solicitor.

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SEC. 9. Be it further enacted, That all laws and parts of laws in conflict be, and the same are, hereby repealed. Approved August 10, 1909. VIENNA, CITY COURT OF, FEES OF OFFICERS. No. 76. An Act to amend an Act establishing the City Court of Vienna in and for the county of Dooly, approved December 16th, 1901, by providing for the payment of the fees of the officers of the said city court of Vienna, in and for the county of Dooly, 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 Act creating the city court of Vienna in and for the county of Dooly, approved December 16th, 1901, be, and the same is, hereby amended as follows: In all criminal cases tried in the said city court of Vienna, in which a defendant is convicted, and is confined upon the chaingang, or otherwise as is provided by law, the proper county authorities of Dooly county shall pay to the officers of the said city court of Vienna their fees in each case, out of the treasury of Dooly county. City court of Vienna, Act creating amended. Fees of officers in criminal cases. SEC. 2. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from the business transacted in said court shall be paid into the treasury of Dooly county. Fines and forfeitures.

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SEC. 3. Be it further enacted by authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1909. WRIGHTSVILLE, CITY COURT OF, ACT CREATING AMENDED. No. 204. An Act to amend 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 therein, 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, approved August 11, 1908, so as to repeal all of Section five of said Act, and re-enacting in lieu thereof a new Section five, prescribing the qualification, duties, powers, compensation and fees of the solicitor of the city court of Wrightsville; so as to repeal all of Section six of said Act, and re-enacting in lieu thereof a new Section six, providing that the Clerk of the Superior Court of Johnson county shall be by virtue of his office clerk of the city court of Wrightsvile, and prescribing his duties, powers, fees and compensation as such officer; so as to repeal all of Section

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seven of said Act, and re-enacting in lieu thereof a new Section seven, providing that the sheriff of the county of Johnson, shall be by virtue of his office sheriff of the city court of Wrightsville, prescribing his duties, powers, fees and compensation as such officer; so as to repeal all of Section eight of said Act, and re-enacting in lieu thereof a new Section eight, providing for a deputy sheriff of the city court of Wrightsville, and prescribing his duties, powers, fees and compensation as such officer, and for other purposes. SECTION 1. Be it enacted, and it is hereby enacted by the General Assembly of Georgia, That an Act approved August 11th, 1908, establishing the city court of Wrightsville, in and for the county of Johnson, be and the same is, hereby amended by repealing all of Section five of said Act, and re-enacting in lieu thereof a new Section five, which shall read as follows: Section 5. Be it further enacted by the authority aforesaid, That there shall be a solicitor of the said city court of Wrightsville, who shall be elected by the qualified voters of said county on the first Wednesday in October, 1910, and whose term of office shall be for two years, beginning on the first day of January, 1911. The present incumbent, B. B. Blount, having been appointed by the Governor under the provisions of the Act as originally passed shall hold said office until the first day of January, 1911, and he shall be governed by the provisions of this Section as amended. The fees of said solicitor shall be as follows: For every case finally disposed of in said court, founded upon accusation, ten dollars ($10.00); for every indictment or special presentment finally disposed of in said

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court, five dollars ($5.00); for representing the State in cases carried to the Supreme Court or the Court of Appeals from said city court, fifteen dollars ($15.00); said solicitor shall, for his services in the Supreme Court or Court of Appeals, be paid out of the treasury of the State, by warrant drawn by the Governor, or upon the certificate of the Clerk of the Supreme Court, or of the Court of Appeals as to the performance of said services, and upon the affidavit of the party and the certificate of the clerk of said city court as to the insolvency of the defendant. For all services for which this Act does not provide, said solicitor shall receive the same fees as are now allowed by law for similar service in the Superior Courts to Solicitors-General. The solicitor of the city court of Wrightsville must be at the time of the beginning of his term of office at least 25 years of age; he must also have been a resident of Johnson county for two years preceding the beginning of his term of office, and must also have been a practicing attorney at law for at least four years preceding the beginning of his term of office, and before entering upon the discharge of his office shall give bond payable to the Governor and his successors in office with good security, to be approved by the judge of said court, in the sum of one thousand dollars, conditioned to account for all monies which may come into his hands as solicitor, and for the faithful discharge of the duties of said office, and shall, in addition to the oath required of all civil officers, 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 Wrightsville, so help me God. Said bond and oath shall be entered on

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the minutes of said court by the clerk, and may be sued upon by any person interested. If, for any reason, said solicitor shall fail or be disqualified to act in any case, the court shall have power to appoint a solicitor pro tem. City court of Wrightsville, Act creating amended. Solicitor. SEC. 2. Be it further enacted by the authority aforesaid, That an Act approved August 11th, 1908, establishing the city court of Wrightsville, in and for the county of Johnson, be and the same is, hereby amended, by repealing all of Section six of said Act, and re-enecting in lieu thereof a new Section six, which shall read as follows: Section 6. Be it further enacted by the authority aforesaid, That the clerk of the Superior Court of Johnson county shall be by virtue of his office clerk of the city court of Wrightsville. The fees of the clerk of said city court shall be the same that are now, or may hereafter be allowed by law to the clerk of the Superior Court, except in criminal cases founded upon accusation; for these, he shall receive three dollars, ($3.00), and except further that his fees in such cases as justice's courts has jurisdiction in, that are brought to said city court, then said clerk's fees shall be the same as the justice of the peace are entitled to by law for such cases, and for his services at the regular terms of said court he shall receive two dollars per diem. Clerk. SEC. 3. Be it enacted by the authority aforesaid, That an Act approved August 11, 1908, establishing the city court of Wrightsville, in and for the county of Johnson, be and the same is hereby amended, by repealing all of Section seven of said Act and re-enacting in lieu thereof a new Section seven, which shall read as follows: Section 7. Be it further enacted by the authority

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aforesaid, That the sheriff of Johnson county, by virtue of his office, shall be sheriff of the city court of Wrightsville. He shall receive the same fees as are now allowed or may hereafter be allowed by law to the sheriff of Johnson county, except as herein provided, and for his attendance upon the court at the regular terms of the same, he shall receive two dollars per day, and for summoning the jury at each term of said court he shall receive the sum of five dollars ($5.00), said compensation to be paid him in the manner as now or may hereafter be provided for similar services in the Superior Court of Johnson county, except that his fees in all cases in which justice courts have jurisdiction of and which are brought to said city court he shall only have such fees as are allowed constables in such cases. The duties and powers of the sheriff of said city court shall in all respects and so far as the same pertains to the business of the court be the same as is by law prescribed for the sheriff of Johnson county. Sheriff. SEC. 4. Be it enacted by the authority aforesaid, That an Act approved August 11th, 1908, establishing the city court of Wrightsville, in and for the county of Johnson, be and the same is, hereby amended by repealing all of Section eight of said Act, and re-enacting in lieu thereof a new Section eight, which shall read as follows: Section 8. Be it further enacted by the authority aforesaid, That the sheriff of the city court of Wrightsville shall have power, with the consent of the judge of said court, to appoint a deputy, who shall before entering upon the duties of the office, make and subscribe the oath prescribed by law for the deputy sheriffs of this State, and he shall give bond in the sum of two thousand dollars, conditioned as the bonds of

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other deputy sheriffs. Or if the sheriff of Johnson county has a deputy sheriff to his office as sheriff of the county, then by and with the consent of the judge of the city court of Wrightsville, the said consent to be put in writing and an order to follow said consent be made by said judge and spread upon the minutes of said court, the deputy sheriff of Johnson county can act with all the power and authority in the execution of the duties of the office of sheriff of said city court in as full and as complete a manner as the sheriff might, without making and subscribing the oath, and the giving of the bond as aforesaid, provided, that the oath and bond have been made and approved as prescribed by law for deputy sheriffs of the State. Deputy sheriff. SEC. 5. Be it further enacted by the authoirty aforesaid, That this Act amending the Act approved August 11th, 1908, establishing the city court of Wrightsville, in and for the county of Johnson, shall not become effective and of force until it has been submitted to a vote of the people at an election to be held in the county of Johnson on the first Wednesday in October, 1909, next, and if a majority of the votes cast at said election is for the amendments as provided for in this Act, it shall become immediately in effect and operation, if not this Act shall be lost. Those voting at said election favoring the amendments as set out in this Act, shall write or have printed on their ballots For amendments to Act creating City Court, those voting at said election opposing the amendments as set out in this Act, shall write or have printed on their ballots, Against amendments to Act creating City Court. Ratification of Act.

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SEC. 6. 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 August 14, 1909. ZEBULON, CITY COURT OF ESTABLISHED. No. 100. An Act to create and establish the city court of Zebulon, in and for Pike county, Georgia, to be held in the city of Zebulon in said county; to define its jurisdictions and powers, to regulate proceedings 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 and approval of this Act, the city court of Zebulon, in and for Pike county, Georgia, be and the same is hereby created and established, to be organized, located and held in the court house in the city of Zebulon in said county, with jurisdiction, civil and criminal, and quasicivil and quasi criminal, in and over the entire county of Pike. City court of Zebulon established. SEC. 2. Be it further enacted by the authority aforesaid, That said city court of Zebulon shall have jurisdiction concurrent with the Superior Court in and over the entire county of Pike, to try and dispose of all civil cases of whatever kind, character or nature, except such cases as the Constitution and laws fix exclusive jurisdiction in the Superior or other courts of said county. Provided, however, that in all cases brought in said city court, wherein the principal sum claimed, or

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the value of the property involved, is one hundred dollars or less, the defendant shall not be liable to pay more than justice court cost. The jurisdiction herein conferred upon said city court shall include not only the ordinary actions rounding in tort or on contract, but also all other kinds of suits and proceedings of which the Superior Court now has or may hereafter have jurisdiction under the common law or by statute, including among others attachments, garnishments, and all proceedings thereon, illegalities, proceedings against intruders and tenants holding over, and all issues and proceedings thereon, partition of personalty, trover suits and actions for the recovery of or damage to personal property, or for the conversion thereof, distress warrants and all issues upon the same, counter-affidavits to all proceedings or processes from said court, the foreclosure of mortgages and liens of all kinds, except such mortgages and liens as are by law required to be foreclosed and enforced in the Superior court, statutory awards, claims to personal property, habeas corpus, and possessory warrants and all proceedings thereon. Jurisdiction. It is the purpose and intention of this Act to grant to said city court general jurisdiction, concurrent with the Superior Court, in all kinds of suits and procedures, except those over which exclusive jurisdiction is vested by law in the Superior or other courts. SEC. 3. Be it further enacted by the authority aforesaid, That said city court of Zebulon shall have jurisdiction to try and dispose of all criminal cases for crimes and offenses committed in Pike county, Georgia, where the offense is a misdemeanor or below the grade of felony. Jurisdiction in criminal cases.

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SEC. 4. Be it further enacted by the authority aforesaid, That said city court shall be a court of record and shall have a seal and minutes kept, civil and criminal dockets, writ records, and all such records as may be necessary in which to record and preserve all the records and proceedings of said city court, and all such records shall be kept in the same manner as such records are kept in the Superior Courts of this State. Court of record. SEC. 5. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of Zebulon, who shall be appointed and commissioned by the Governor of Georgia, subject to the confirmation and approval of the Senate, who shall hold his office for a term of four years, and until his successor is appointed and qualified as required by law. All vacancies in the office of judge of said court shall be filled by appointment by the Governor for the residue of such unexpired term, and shall be subject to the approval and confirmation of the Senate, if then in session, but if the Senate be not then in session, or shall fail to act thereon, then said appointment shall be subject to the approval and confirmation of the Senate at its next or any session thereafter. Said judge shall receive a salary of one thousand dollars per annum, which shall not be increased or diminished during any term of office for which he was appointed, except to apply to a succeeding term, and said salary shall be paid monthly out of the treasury of Pike county, Georgia, by the person or persons authorized and charged by law with the duty of paying out the funds and money of said county, and shall be paid out of the funds or money of said county provided for and from which the expenses of courts are paid. Judge, appointment and salary.

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SEC. 6. Be it further enacted by the authority aforesaid, That any person to be eligible to the judgeship of said court must be an attorney at law, of good standing, and at least twenty-five years of age, and must have practiced law in the State of Georgia at least three years, and at the time of his appointment must have been a bonafide resident of Pike county for at least two years immediately preceding such appointment. Before entering upon the duties of his office said judge 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 incumbent on me as judge of the city court of Zebulon, according to the best of my ability and understanding, agreeably to the Constitution and laws of this State and the Constitution of the United States. So help me God. Said oath shall be forwarded to the Governor and shall be filed in the executive department of this State. Judge, qualifications and oath. SEC. 7. Be it further enacted by the authority aforesaid, That the judge of said city court of Zebulon shall preside in and over said court, and shall be clothed with and shall exercise all the powers and authority which are by law vested in and exercised by judges of the Superior courts of this State, where the same are not inconsistent with the provisions of this Act, or inapplicable to city courts. Powers of judge. SEC. 8. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power and authority to try and determine, without a jury, any and all civil cases brought in said court, and of which said court has jurisdiction, and to render judgment

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therein and grant execution thereon. Provided, always, That in all cases, where there is an issuable defense filed, or a question of fact is raised by the pleadings, either party thereto shall be entitled to a trial by a jury in said court by entering a demand therefor in writing on or before the call of the appearance docket at the term of said court to which said case is returnable. Said judge shall also have authority to issue criminal warrants and to issue warrants upon accusations filed in said court, to issue distress warrants returnable to said city court and to issue attachments and garnishments, to issue warrants to dispossess tenants holding and against intruders. Said judge shall also have authority to attest deeds and mortgages and all other papers and contracts which are by law required to be attested by an officer, and to make affidavits and administer oaths, anywhere in the State of Georgia. Such judge shall also have power and authority to grant writs of habeas corpus, and to hear and determine the same as judges of the Superior Court may do, to cause testimony to be taken de bene esse and for the purpose of perpetuating testimony, and generally to do all acts and exercise the same powers and authority which judges of the Superior Courts of this State are authorized and empowered to do, unless otherwise provided in this Act, or unless same is inconsistent and inapplicable to city courts. The judge of said city court of Zebulon shall have the right to practice law in all the courts of this State except his own. Powers of judge. SEC. 9. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court of Zebulon, who shall be appointed and commissioned by the Governor, by and with the advice and consent

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of the Senate, whose term of office, except unexpired terms, shall be for four years, or until his successor is appointed and qualified. All vacancies in said office shall be filled by appointment by the Governor for the unexpired term, subject to the consent and approval of the Senate, and should the Senate be not in session when such appointment is made, or shall fail to act thereon, then such appointment shall be subject to the approval of the Senate at any session thereafter. Before entering upon the duties of his office, said solicitor shall 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 Zebulon, and will take only my lawful fees. So help me God. Said oath shall be forwarded to the Governor, and shall be filed in the Executive department of this State. Solicitor, appointment and oath. SEC. 10. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of solicitor of said city court who has not been a resident of this State at least two years just preceding his appointment, and who has not resided in Pike county at least one year immediately preceding his appointment, and who has not attained the age of twenty-two years, and who has not been duly admitted to the bar and practiced law in the State of Georgia at least one year. Qualifications of solicitor. SEC. 11. Be it enacted by the authority aforesaid, That it shall be the duty of the solicitor of the city court of Zebulon to prosecute all offenses cognizable before said court, and he shall represent the State in all cases carried from said court to the Supreme Court, or to the Court of Appeals of the State of Georgia. The fees of said solicitor in the city court of Zebulon, and

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for all cases appealed to the Supreme Court or the Court of Appeals, shall be the same as are now, or may hereafter be prescribed by law for solicitors general for like services in such cases. In case of the absence or disqualification of said solicitor the judge of said city court of Zebulon shall have the power to appoint a solicitor pro tem., whose duty and authority shall be the same as the solicitor, and he shall receive the same fees as the regular solicitor of said court. Duties and fees of solicitor. SEC. 12. Be it enacted by the authority aforesaid, That the Clerk of the Superior Court of Pike county, Georgia, shall, by virtue of his office, be clerk of said city court of Zebulon, and the laws, rules and regulations governing him as clerk of the Superior Court, in so far as the same are applicable, shall apply and govern him as clerk of said city court of Zebulon. Before entering upon his duties as clerk of the city court of Zebulon he shall execute a bond with good security in the sum of five hundred dollars, payable to the Governor of Georgia, and condition for the faithful performance and discharge of the duties of the office of clerk of the city court of Zebulon, which bond shall be approved by the judge of the city court of Zebulon, and shall be entered upon the minutes of said city court of Zebulon, and may be sued upon at any time by any person or persons interested. In the event the clerk of the Superior Court shall fail, for any cause, to qualify as such clerk as herein provided, the judge of said city court of Zebulon is hereby authorized and empowered to appoint a clerk for said court, who shall give bond as above required, and shall hold said office at the pleasure of said judge, or until the clerk of the Superior

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Court shall qualify as herein provided. The fees of said clerk in said city court shall be the same as in the Superior Court for like services, and may be collected as may be done in the Superior Court. Clerk. SEC. 13. Be it further enacted by the authority aforesaid, That the sheriff of Pike county, Georgia, shall, by virtue of his office, be sheriff of the city court of Zebulon, and in his official connection with said city court of Zebulon shall be known and designated as sheriff of Pike county. Before entering upon the discharge of his duties of said office he shall execute a bond with security in the sum of one thousand dollars, payable to the Governor, and conditioned upon his faithful discharge of his duties as related to the city court of Zebulon. All the duties of said sheriff of Pike county in his relation to said city court of Zebulon may be performed by his deputy or deputies, in the same manner as said deputies may act in the Superior Courts, and with the same rights, powers and liabilities attaching thereto. The said sheriff shall receive the same fees and compensation for services in said city court of Zebulon as are by law allowed for like services in the Superior Court, and such fees and compensation shall be paid, and may be collected, in the same manner and from the same sources as provided by law for like services in the Superior court. In the event the sheriff of Pike county shall fail for any cause to qualify and act as sheriff of said city court of Zebulon as herein provided, the judge of said city court shall have the power and authority to appoint a sheriff for said city court of Zebulon, who shall hold said office at the pleasure of said judge, or until said sheriff shall qualify and act as herein provided. Sheriff.

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SEC. 14. Be it further enacted by the authority aforesaid, That the judge of said city court of Zebulon shall have and is hereby authorized to exercise the same power and authority over the clerk and sheriff and all other officers of said city court as may be done by the judges of the Superior Courts of this State over such officers, and said officers shall be amenable to the same processes and penalties as like officers of the Superior Courts, and shall be entitled to the same remedies for the enforecment of their rights and for the collection of their fees and costs in said city court of Zebulon as are by law provided for the same in the Superior Courts of this State. Powers of judge. SEC. 15. Be it further enacted by the authority aforesaid, That the regular terms of said city court of Zebulon shall be held quarterly on the second Mondays in March, June, September and December of each year, the first term to be held on the second Monday in September, 1909. Said court shall be open at all times, without regard to regular terms, for the trial and disposition of criminal cases in which a trial by jury is not demanded, or in which the same is waived. The judge of said court shall have authority to hold said court in session from day to day at any regular term thereof so long as may be necessary to dispose of the business therein, provided no term shall be held longer than two weeks. Said judge shall also have power and authority to call and hold adjourned and special terms of said court whenever the business of said court demands same, and for said purpose he may require the attendance of jurors who served at the last term, or those drawn for the succeeding term, or he may draw a special

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jury for such adjourned or special term and may require their attendance at such term. Terms of court. SEC. 16. Be it further enacted by the authority aforesaid, That whenever the judge of said city court of Zebulon is from any cause disqualified to preside in any case in said court, or for any reason or cause can not preside in said court, any judge of the Superior Courts, or of any Constitutional city court in this State, may preside therein in his stead. In the event no qualified judge is present to preside in such disqualified case or cases, then by consent of parties, or upon failure of parties to consent thereto, such disqualified case or cases may be tried by a judge pro hac vice, to be selected and appointed in the same manner as provided by law for such cases in the Superior Courts. Judge, disqualified. SEC. 17. Be it further enacted by the authority aforesaid, That the rules of practice and procedure in said city court of Zebulon shall be the same as in the Superior Courts of this State, and all laws, rules and regulations governing the practice and procedure in the Superior Courts of this State shall apply to and are hereby made the law of practice and procedure in said City Court of Zebulon. The general law in regard to the commencement of suits and the service of same in the Superior Courts of this State, the making of parties to suits pending, filing pleas, and defenses thereto and the hearing of motions and demurers to pleading, shall be governed by the same rules and laws which govern the same in the Superior Courts of this State, except in so far as the same are clearly inapplicable, or as in this Act otherwise provided. Procedure and practice.

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SEC. 18. Be it further enacted by the authority aforesaid, That at each regular term of said City Court of Zebulon which is held, it shall be the duty of the presiding judge to call the appearance docket on a day previously fixed by said judge, at which time, in all cases founded upon unconditional contract in writing, in which there has been personal service on the defendant, and wherein no issuable defense has been filed thereto in writing, or is then offered to be filed, under oath, or if filed or thus tendered to be filed, the same is adjudged by the court to be insufficient in law, either in form or substance, and the same shall be stricken, then judgement shall be rendered by the court of such appearance term, without the intervention of a jury. In all cases where suit is brought for a liquidated demand, or upon an open account which is verified by the oath of the plaintiff, his agent or attorney, and there has been personal service upon the defendant and no defense thereto is filed under oath on or before the call of the appearance docket, or if such defense has been filed and by the court adjudged to be insufficient in law, either in form or substance, then it shall be the duty of the court at such appearance term to give judgment in such case without the intervention of a jury. All other cases and proceedings in said city court of Zebulon shall be governed, as to the trial and disposition of same, by the same rules and laws which govern such proceedings in the Superior Courts of this State, except as hereinbefore provided that the judge of said court may try all cases and determine the same and give judgment therein, where a jury is not demanded by either party. In all civil cases either party thereto may demand a trial by jury, and if such demand is made

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the same must be made in writing on or before the call of such case at the appearance term or the day fixed for the call of the appearance docket. If no demand for trial by jury is entered by either party as herein provided, the presiding judge shall, nevertheless, have the right and authority in his discretion to submit any case, involving issues of fact, to a jury in said court. If trial by jury is demanded by either party as herein provided such demand shall not be withdrawn without the consent of the adverse party and the approval of the court. Procedure and practice. SEC. 19. Be it further enacted by the authority aforesaid, That all judgments obtained in said city court of Zebulon shall be a lien upon all property belonging to the defendant or defendants, and shall run throughout the State as judgments from the Superior Courts, and all executions, attachments, scire facias and other writs issuing issuing from said city court of Zebulon shall bear test in the name of the judge of said court, and shall be signed by the clerk thereof, and directed to the sheriff or his deputies of Pike county, and to all and singular the sheriff or their deputies of the State of Georgia. All processes issuing from said city court of Zebulon shall be tested in the name of the judge of said court and signed by the clerk of said court. All judgments and orders rendered by or obtained in said city court of Zebulon shall have the same dignity and binding force and effect as judgments and orders from the Superior Courts of said State, and all laws governing the enforcement of judgments and orders from the Superior Courts, in both civil and criminal cases, shall obtain in and govern the enforcement of judgments and orders from said city court of Zebulon. Lien of judgments.

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SEC. 20. Be it further enacted by the authority aforesaid, That the judge of said city court of Zebulon shall have the same power and authority over the various officers of said city court, and shall have the same authority to enforce the orders of said court and of the judge thereof, and to punish for contempt, as the judges of the Superior Court have or may have in the Superior Courts. Said court and the judge thereof shall have the same power and authority over witnesses and parties, and over jurors in said court, to impose fines, or to punish for contempt, as may be exercised by judges of the Superior Courts of this State. Contempt. SEC. 21. Be it further enacted by the authority aforesaid, That said city court shall have jurisdiction to try and dispose of all claim cases where property is levied on under execution or other process from said city court, and the general law governing the interposition, returning, filing and trial of claim cases in the Superior Courts of this State shall apply to and govern such cases in said city court. Claims. SEC. 22. Be it further enacted by the authority aforesaid, That the judge of said city court of Zebulon shall have power and authority to issue attachments returnable to said city court of Zebulon, and said court shall have jurisdiction to try all issues arising thereunder and all laws governing the enforcement of attachments in the Superior Courts of this State are hereby made applicable to the enforcement of the same in the said city court of Zebulon. Attachments. SEC. 23. Be it further enacted by the authority aforesaid, That said city court of Zebulon shall have jurisdiction in all matters of garnishment, and parties having

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suits pending in said city court, or holding judgments obtained therein, may by himself, his agent, or his attorney at law, go before some officer of this State who is authorized by law to administer oaths, and make affidavit stating therein the amount claimed to be due in such action or on such judgment, and that he has reason to apprehend the loss thereof, or some part thereof, unless process of garnishment do issue, and shall give bond with good security in a sum double the amount sworn to be due, payable to the defendant in the suit or judgment and conditioned to pay said defendant all cost and damages which he may sustain in consequence of suing out such process of garnishment, in event plaintiff fails to recover in the suit, or it should appear that the amount sworn to be due on such judgment was not due, or that the property or money sought to be garnisheed was not subject to process of garnishment. When the affidavit and bond are made as aforesaid, and the same shall be filed with the Clerk of the city court of Zebulon, it shall be the duty of said clerk upon the request of said plaintiff, or his attorney at law, to issue a summons of garnishment directed to the person or persons sought to be garnished, requiring him to be and appear at the next term of said city court of Zebulon, if to be held not less than ten days thereafter, but if less than ten days thereafter, then such garnishee shall be required to appear and answer at the next succeeding term thereafter; and to depose on oath what he is indebted to, or what property or effects he has in his hands or control belonging to the defendant, or what he had at the time of the service of the summons of garnishment; and also what has become indebted or

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in possession of between the time of the service of said summons and the making of answer thereto. Garnishments. SEC. 24. Be it further enacted by the authority aforesaid, That when any garnishment proceedings shall be commenced under the provisions of Sections 4715 or 4716 and 4717 of the Code of Georgia of 1895, Vol. 2, based upon suits pending in said city court of Zebulon, or judgment obtained therein, the person or persons served with summons of garnishment who reside in a different county from the county of Pike, such garnishee shall be required to answer in the city court of the county of his residence, if there be a city court therein, and if not then he shall answer in the Superior Court of his county, as provided in the Section of the Code aforesaid. Answer of garnishee. SEC. 25. Be it further enacted by the authority aforesaid, That scire facias to make parties to any case in said city court of Zebulon shall be had as in the Superior Courts of this State, and such scire facias shall run throughout the State, and may be served by any city court sheriff or his deputy, or any sheriff or deputy sheriff of any county in this State. Scire facias. SEC. 26. Be it further enacted by the authority aforesaid, That all criminal cases in said city court of Zebulon, whether upon accusation, indictment, or presentment of the grand jury, shall be tried by the judge thereof without the intervention of a jury, except when the accused himself, or by his attorney at law, shall demand a jury as hereinbefore provided. A plea to the accusation, indictment or presentment, shall be a waiver of the right of trial by jury, and the accused shall not thereafter have the right to withdraw or recall said waiver, without permission of the court and the consent

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of the solicitor or prosecuting attorney. If upon the trial of any case, at any stage of such trial, it shall appear to the judge presiding that the evidence makes the case a felony against the accused, he shall thereupon suspend such trial and commit or bail the defendant over to the Superior Court of Pike county, or to the Superior Court of the county wherein such felony may appear to have been committed, to answer such charge as may be preferred against him by the grand jury of such county. Trials in criminal cases. SEC. 27. Be it further enacted by the authority aforesaid, That any person who is charged with a criminal offense which is within the jurisdiction of said city court of Zebulon, may be tried in said court upon a written accusation, which shall plainly and distinctly set forth the offense charged against the defendant, and shall be based upon the affidavit of the prosecutor, which accusation shall be signed by the solicitor or prosecuting attorney of said city court. Provided, however, That in any case where a penal statute of the State shall have been violated by any person or persons within the jurisdiction of said city court of Zebulon, and there is no prosecutor, or the prosecutor fails or refuses for any cause, to make the affidavit as basis for the accusation, then in such case it shall be unnecessary to have an affidavit as a basis for such accusation, but the solicitor or presecuting attorney of said court shall prepare and sign such accusation, and file the same in said city court and may put the defendant on trial upon such accusation as though the same were based on the affidavit of the prosecutor. Accusation. SEC. 28. Be it further enacted by the authority aforesaid, That when any criminal case in said city court of

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Zebulon shall be called for trial either upon accusation, indictment or presentment, and before the arraignment of the defendant, the judge presiding in said court shall inquire of such defendant whether a trial by jury is demanded, and the response of the defendant shall be entered on accusation, indictment or presentment, and shall be signed by the solicitor or prosecuting officer of said court. If the defendant demands trial by a jury, and there is no jury present to try the same, such case shall be postponed to the next term of the court, or until a qualified jury can be empanelled to try same, and the judge of said court, or the presiding judge, shall admit the defendant to bail for his appearance at the next term of said court, or whenever said case may be tried. On the failure of the defendant to give bond with security, said judge shall commit such defendant to jail until such trial can be had. If the defendant waives trial by jury, then the judge of said city court or the judge presiding therein, shall proceed to try such case and shall hear the evidence and determine the case upon the law and the facts, and render his judgment therein, provided, however, said presiding judge shall have the authority in any and all cases where a trial by jury is waived or not demanded by the defendant, to submit such case to a jury in his discretion. The defendant shall in no case have the right to demand indictment by the grand jury as a condition precedent to trial in said city court. Jury trials in criminal cases. SEC. 29. Be it further enacted by the authority aforesaid, That the presiding judge at each term of the Superior Court of Pike county shall transfer and send down from the Superior Court of said county to said city court of Zebulon for trial all bills of indictment

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and presentments for misdemeanors which are pending and untried in said Superior Court at the close of each term thereof. Such transfer may be made by the judge of the Superior Court of Pike county, either at term time or in vacation, by an order passed therefor, which order shall be entered upon the minutes of both of said courts. Transfers from Superior Court. SEC. 30. Be it further enacted by the authority aforesaid, That all justices of the peace and notaries public who are ex-officio justices of the peace in and for said county of Pike, and all mayors and recorders of towns and cities in said county, are hereby authorized and required to bind over to said city court of Zebulon all persons charged with offenses committed within the limits of Pike county, where such offense is below the grade of felony. Appearance bonds. SEC. 31. Be it further enacted by the authority aforesaid, That all cases, both civil and criminal, which may be pending and undisposed of in the county court of Pike county, and also all cases, civil and criminal, which may be pending and undisposed of in the city court of Barnesville at the time this Act shall go into effect, and when the city court of Zebulon is established and organized, including all cases in said county court and in said city court of Barnesville, whether the parties thereto have been served or not, shall be, and the same are hereby referred to the city court of Zebulon created and organized by this Act, and all said cases shall be entered upon the proper docket of the said city court of Zebulon, and shall be tried and disposed of therein. All execution and all final or other processes issued from said county court of Pike county and from the said city county of Barnesville, which shall be pending and unsettled

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and unsatisfied at that time this Act shall go into effect, whether the same be in the hands of the sheriff, or his deputies or other officer of the city court of Barnesville, or in the hands of the sheriff or other officer of Pike county, the same shall be and are hereby made returnable to the city court of Zebulon, and the same shall be turned over to and shall be executed by the sheriff or proper officer of said city court of Zebulon. All liens and the binding force and effect of all judgments and orders rendered by or obtained in said county court of Pike county, and in said city court of Barnesville, shall be and the same are hereby preserved, and shall remain in full force and effect; and all executions and other final processes issued from the said county court of Pike county and from the said city court of Barnesville, which are not fully satisfied, whether the same be now in the hands of the sheriff of said county, or in the hands of the sheriff or other officer of the city court of Barnesville, or other officer or officers of said county of Pike, or of the State of Georgia, the shall be and are hereby made returnable to the city court of Zebulon, and the same may be levied and enforced by the sheriff or other officer of Pike county, who shall make return thereof to said city court of Zebulon. The judge and other officers of said city court of Zebulon shall have power and authority to issue and enforce in the name of the city court of Zebulon any and all processes in all such cases as shall be transferred from said county court of Pike county and also from said city court of Barnesville, as fully as the same could be done had such cases been brought originally in said city court of Zebulon. Transfers from county court.

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SEC. 32. Be it further enacted by the authority aforesaid, That all books, records, files and papers, disposed of or undisposed of in said county court of Pike county and in the city court of Barnesville, shall be turned over to the clerk of the city court of Zebulon and the same shall be filed and deposited in the office of the clerk of said city court. Records of county court. SEC. 33. Be it further enacted by the authority aforesaid, That all persons subject to duty in the Superior Court of Pike county shall be subject to serve as jurors in the city court of Zebulon, and it shall be the duty of the clerk of said city court of Zebulon to copy into a book to be provided for that purpose, a full and complete list of all the names of persons liable to serve as grand or petit jurors in the Superior Court of Pike county, and the same shall be revised and a new list made as often as said Superior Court jury list is revised, so that said city court jury list shall at all times be the same as the Superior Court jury list. The names of such jurors shall be entered in said book in alphabetical order, and said book shall be kept in the office of the clerk of said city court. Said clerk shall also make out tickets equal in number to the number of names in said jury list and shall write upon each ticket the name of one of said jurors, and shall deposit said tickets in a jury box to be provided by the county authorities of Pike county for that purpose, so that there shall be a ticket in said jury box bearing the name of each person on said jury list. Jurors. Said jury box shall have two separate apartments numbered one and two, and all the tickets bearing the names of jurors as aforesaid shall be deposited in apartment number one, and when juries are drawn

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as hereinafter provided the same shall be drawn from that apartment, and the tickets so drawn shall be deposited as they are drawn in apartment number two, and when all the names of jurors shall have been drawn out of apartment number one, then the drawing shall commence from apartment number two, and the tickets as they are drawn returned to number one and so on alternately. SEC. 34. Be it further enacted by the authority aforesaid, That at each term of said city court the presiding judge shall in open court, draw from said jury box twenty-four names of persons to serve as jurors at the next term of said court, and shall cause the clerk of said court to record the names of the jurors so drawn and shall then place the tickets containing the names thus drawn in the other apartment of said jury box, and shall continue each time a jury is drawn to take the names from the same apartment of said box until that apartment is exhausted, and then in like manner he shall begin drawing and continue drawing from the other apartment until it is exhausted. Said jury box shall be so constructed as to be kept under one lock and seal, and shall be kept locked and sealed, and shall not be opened by any person, except the judge of said city court, or some other judge presiding in said court, or acting for him, for the purpose of drawing juries in open court. Provided, however, if for any reason a jury is not drawn at any regular term of said city court, then the judge of said court or other judge acting in his stead may at any time, not less than ten days before the term of said court, proceed to draw a jury in the manner above prescribed. The clerk of said city court of Zebulon shall keep said jury box, and the sheriff of said court shall

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keep the key. Said box shall be sealed after each jury is drawn, and such seal shall bear the name or initials of the judge who drew the jury. Juries. SEC. 35. Be it further enacted by the authority aforesaid, That when a jury is drawn to serve at any term of said city court, it shall be the duty of the clerk of said court to make out a precept containing the names of the jurors so drawn, and shall issue a summons for each juror and deliver the same to the sheriff of said city court at least ten days before the term of the court at which they are required to attend and serve, and said sheriff shall cause each of said jurors to be served in the same manner as jurors in the Superior Courts are served. Summons of jurors. SEC. 36. Be it further enacted by the authority aforesaid, That when a panel of twenty-four jurors shall be drawn and summoned to attend and serve at any term of said city court, and it shall appear that by reason of non-attendance, disqualification, or for any other cause, a full panel is not present, the presiding judge may direct the panel to be filled by tales jurors in the same manner as may be done in the Superior Courts of said State. In all civil cases in said city court each side shall have six strikes from the panel of twenty-four, and in criminal cases the defendant shall have seven strikes and the State shall have five strikes from said panel of twenty-four Provided, however, That in any case and at any time where a jury or juries may be out on a case or cases, or for any other cause there is not a panel of twenty-four qualified jurors in open court, then by consent of both parties in any case, a panel of any number less than twenty-four jurors may be made up for the trial of such case or cases, and the strikes in

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such case to be agreed upon between the parties thereto, or the presiding judge may fill the panel by tales jurors and direct the parties to strike from the panel so made up. Jury panels. SEC. 37. Be it further enacted by the authority aforesaid, That the judge of said city court of Zebulon shall have power and authority, upon motions filed therein, to grant and refuse new trials in any and all cases both civil and criminal which shall be tried in said city court. All motions for new trial, the hearing of the same, and the filing of briefs of evidence, and all other proceedings in the same, or relating thereto, shall be conformable to and governed by the general laws, rules and regulations which obtain and govern such matters in the Superior Courts of this State. New trials. SEC. 38. Be it further enacted by the authority aforesaid, That in all cases tried in said city court, a writ of error shall lie direct from said city court to the Supreme Court and to the Court of Appeals of Georgia, upon bills of exceptions filed therein, and all laws, rules and regulations which govern same, as to time and manner of presenting and filing bills of exceptions and the issuing of writs of error, in the Superior courts of this State shall be and are hereby made applicable to such matters in said city court of Zebulon. Writs of error. SEC. 39. Be it further enacted by the authority aforesaid, That all jurors in said city court of Zebulon shall receive the same pay, and shall be paid in the same manner and from the same source and under the same rules and regulations as jurors in the Superior Court of Pike county are or may hereafter be paid. Pay of jurors.

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SEC. 40. Be it further enacted by the authority aforesaid, That all fines and forefeitures arising in said city court shall first be applied to the payment of the costs in each particular case, and the remainder, if any, shall constitute an insolvent fund in said city court, and shall be paid out only on the order of the judge of said city court as provided in the Code of Georgia, Volume three, Section 788. Fines and forfeitures. SEC. 41. Be it further enacted by the authority aforesaid, That when any criminal case is pending in the city court of Zebulon, in which the judge of said city court is disqualified to preside, such case may be transferred to the Superior Court of Pike county for trial, and for the purpose of such transferring the judge of said city court may pass an order which shall be entered upon the minutes of both courts. Transfer of criminal cases to Superior court. SEC. 42. Be it further enacted by the authority aforesaid, That the judge of said city court, or any other judge who may be presiding therein, shall have power and authority to appoint special bailiffs if the business of the court, in his discretion, demands or the same shall be necessary at any time, under the same authority as such bailiffs may be appointed by the judge of the Superior Courts of this State. And said judge shall also have authority to appoint a stenographer or reporter of said city court, under the same authority and as judges of the superior courts of this State may do. Bailiffs. Stenographer. SEC. 43. Be it further enacted by the authority aforesaid, That all cases brought in said city court, involving matters of account, if the case shall require it, the judge of said city court shall have the power and authority, in term time or vacation, upon the application

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of either party and after notice to the opposite party or upon his own motion, when in his judgment the facts and circumstances of any such case require it, to appoint an auditor to investigate such matter of account and require him to report the result to said city court. Such auditor shall have the same power and authority as auditors appointed by judges of the Superior Courts in like cases, and his duties shall be the same, and all laws now existing or which may hereafter be provided, governing the powers, duties and liabilities of such auditors in the Superior Courts of this State, in like cases shall be applicable to auditors appointed hereunder in said city court of Zebulon. Auditors. SEC. 44. Be it further enacted by the authority aforesaid, That this Act shall take effect and shall become operative on and after the first day of September, 1909. 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 12, 1909. IRWIN COUNTY, COUNTY COURT OF ABOLISHED. No. 20. An Act to abolish the county court of Irwin 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 authority of the same, That from and after the passage

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of this Act, as hereinafter provided, the county court of Irwin county, in and for said county be, and the same is, hereby abolished. County court of Irwin county abolished. SEC. 2. Be it further enacted, That all business now pending in the said county court of Irwin county shall be and is hereby transferred to the city court of Ocilla, in and for the county of Irwin, and all books, papers, and all processes and records of whatsoever kind, either civil or criminal belonging to or connected with said county court of Irwin county, shall be turned over to the clerk of the city court of Ocilla, to be disposed of by said clerk as provided for in the Act establishing the same. Disposition of business. SEC. 3. Be it further enacted, That this Act shall not take effect until the Act establishing the city court of Ocilla shall become a law. SEC. 4. Be it further enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Approved August 6, 1909. JEFF DAVIS COUNTY, COUNTY COURT OF ABOLISHED. No. 106. An Act to abolish the county court of Jeff Davis county, as recommended by the grand jury of the Superior Court of Jeff Davis county at the September term, 1907, to provide for the disposition of matters therein pending, and all papers, fi. fas. and other papers therein pending, 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 the authority of the same, That from and after the passing of this Act, the above recited court be, and the same is hereby repealed: and the city court of Hazlehurst established under the laws of the State of Georgia. County Court of Jeff Davis county abolished. SEC. 2. Be it further enacted, That all mesne and final process from the county court of Jeff Davis county which had not been executed at the time that this Act takes effect, shall be returnable to the city court of Hazlehurst established under Act of 1909, 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 county court of Jeff Davis county shall be returned to the city court of Hazlehurst, established under this Act. Processes, etc., returnable to city court of Hazlehurst. SEC. 3. Be it further enacted, That all dockets, minutes and records and papers of the county court of Jeff Davis county established by the recommendation of the grand jury of Jeff Davis county at the September term, 1907, shall be turned over to the clerk of the city court of Hazlehurst established under the laws of 1909. Disposition of records. SEC. 4. Be it further enacted, That this Act shall take effect on the date upon which the Act creating the city court of Hazlehurst is approved. There shall be a judge and solicitor for the city court of Hazlehurst, which said judge and solicitor shall be provided for by the Act of 1909, and to go into effect as soon as approved by the Governor. Act effective when city court of Hazlehurst is established.

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SEC. 5. Be it further enacted, That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1909. PIKE COUNTY, COUNTY COURT OF, ABOLISHED. No. 91. 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 Pike. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the above recited Act and all amendments thereto as now embodied in the Code of Georgia of 1895, from Section 4170 to 4217, inclusive, be, and same are, hereby repealed, so far as the same apply to the county of Pike, and the county court of said county of Pike is hereby abolished; provided, however, that this Act shall not go into effect and become operative until the passage and approval of an Act creating and establishing the city court of Zebulon in said county of Pike. County court of Pike county abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all cases, civil and criminal and all business now pending in said county court shall be transferred to the city court of Zebulon when the same is organized and ready for business; and all books, papers and processes, civil and criminal, shall be turned over to the

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clerk of the city court of Zebulon, to be disposed of by said city court as provided by in the Act creating and establishing said city court. And all records and papers appertaining to said county court of Pike shall be delivered and turned over to the clerk of said city court, and all cases, civil and criminal, appearing upon the dockets of said county court shall be transferred and entered upon the proper dockets of the city court of Zebulon. Disposition of business. 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 11, 1909. STEWART COUNTY, COUNTY COURT OF, ABOLISHED. No. 156. An Act to repeal an Act to create a county court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19th, 1872, and all Acts amendatory thereto, so far as the same applies to the county of Stewart, and to provide for the disposition of business therein pending. 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 and all Acts amendatory thereof, as now embodied in the Code of 1895, from Section 4170 to 4217, inclusive, be, and the same are, hereby repealed, so far as they apply to the county of Stewart, and the county court of said county of Stewart is hereby abolished. County court of Stewart county abolished.

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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 Stewart county be, and the same are, hereby transferred to the city court of Lumpkin for trial and final disposition; provided, that this Act shall not go into effect until the passage and approval of an Act creating the city court of Lumpkin in the said county of Stewart. Disposition of business. 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, 1909.

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TITLE II. MISCELLANEOUS. ACTS. Bartow county, automobiles etc., running of regulated. Bibb county, public libraries. Bibb county, directed to pay counsel fees. Chatham county, county police force established. Coffee county, commissioner of roads and revenues for. Coffee county, board of commissioners abolished. Colquitt county, road commissioners and districts. Dooly county, road in municipalities, how worked. Dooly county, commissioners of, election of. Douglas county, bonds of commissioners. Glascock county, warrants on treasurer, how signed. Glynn county, bonds of for roads and bridges. Gordon county, compensation of commissioners. Hall county, board of commissioners, Act creating amended. Heard county, special road law repealed. Irwin county, board of commissioners created. Johnson county, board of commissioners abolished. Johnson county, administration of county affairs. Johnson county, sale of near-beer, etc., prohibited. Laurens county, road laws. Madison county, board of commissioners created. McIntosh county, bonds of for roads and bridges. Mitchell and Thomas counties, slaughtering cattle, etc. Putnam county, board of commissioners abolished. Putnam county, a commissioner of roads and revenues. Rabun county, fishing in Little Tennessee river. Spalding county, removal of sand, etc., from roads of. Stephens county, compensation of ordinary. Stewart county, board of commissioners, Act creating amended. Stewart county, compensation of officers of court. Telfair county board of commissioners abolished. Telfair county, a commissioner of roads and revenues. Telfair county, sale of near-beer, etc., prohibited. Toombs county, roads and bridges. Turner county, board of commissioners, vice-chairman. Ware county, bonds of for roads, etc. Ware county, sale of near-beer, etc., prohibited. Walton county, removal of obstruction from streams. Webster county, board of commissioners, Act creating amended. Wilkinson county, board of commissioners abolished. Wilkinson county, board of commissioners created.

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BARTOW COUNTY, AUTOMOBILES, ETC., RUNNING OF REGULATED. No. 244. An Act to regulate the running of automobiles, locomobiles and other vehicles and conveyances of like character propelled by steam, gas, gasoline, electricity and any other power other than muscular, upon the public and private roads of the county of Bartow; to provide for the registration and numbering of same; to provide for and regulate the use of lights thereon; to provide uniform rules and regulations regulating the running and speed thereof; to prohibit intoxicated persons from operating them; to provide penalties for the violation of any 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 authority of the same, That from and after September 1st, 1909, it shall be unlawful for any person or persons, except in accordance with the provisions of this Act to run, drive or operate any automobile, locomobile or other vehicle or conveyance of like character, propelled by steam, gasoline, gas, electricity or any power other than muscular power and which said vehicle shall here-after be called machines in this Act, upon or along any public road, street, alley, highway, avenue, turnpike or any private road or ways generally used by the public of this county, except under the provisions of this Act. Automobiles, etc., running of in Bartow county regulated. SEC. 2. Be it further enacted by the authority aforesaid, That no person shall be allowed to run any of the vehicles described in Section 1 of this Act upon any of

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the public roads of said county of Bartow without first having registered his machine and received a number from the clerk of the Superior Court of said county of Bartow and pay said clerk fifty cents for registering said machine and receiving said number; said number shall be displayed at some conspicuous place on the rear of machine as indicated by said clerk, and that each figure in said number shall measure at least one and a half by two and a half inches. Provided, That nothing in this Section shall apply to non-residents. Registration of machines. SEC. 3. Be it further enacted by the authority aforesaid, That from sunset to sunrise, there shall be displayed on the front of every machine while being operated or driven along upon any of the highways named in this Act, at least one white light, throwing a bright light at least two hundred feet in the direction of which the machine is going, and shall also exhibit on the rear of each machine at least one red light, which shall effectually illuminate the number tag on the rear. White lights at night. SEC. 4. Be it further enacted by the authority aforesaid, That no person shall operate a machine on any of the highways of this county as described in this Act at a rate of speed greater than is reasonable and proper having regard to the traffic and use of such highway, or so as to endanger the life and limb of any person or the safety of any property, and upon approaching a bridge, dam, high embankment, curve, descent, or crossing of intersecting highways, the person operating a machine shall have it under control and operate it at a speed not greater than six miles per hour. Speed. SEC. 5. Be it further enacted by the authority aforesaid, That upon approaching a pedestrian in a roadway

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or lighway as described in this Act, or a horse or horses or other draft animals being ridden or driven thereon, the persons operating the machine shall give warning of its approach by the use of a bell, horn, gong, or other signal and use every precaution to insure the safety of such person or animal and in the case of horses or other draft animals to prevent frightening the same. Warnings. SEC. 6. Be it further enacted by the authority aforesaid, That a person operating a machine, shall, at request or on signal by putting up the hand or other sign of distress from a person riding, leading or driving a restive horse or other draft animal, bring such machine immediately to a stop, shut off all noise and stop all noise, and if traveling in the opposite direction, remain stationary to allow such horse or animal to pass, and if traveling in the same direction, use every caution in passing such horse or animal and in case such horse or animal appears frightened, or the person operating such machine is requested so to do, such person shall cause the motor of the machine to cease running so long as shall be necessary to insure the safety of others. Meetings. SEC. 7. Be it further enacted, That this Act shall not become operative till the same has been published in the public press of said county once a week for three weeks next succeeding its passage. Publication of Act. SEC. 8. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person who is intoxicated at the time, to propel or operate a machine on any of the highways described in this Act of this county. Operators. SEC. 9. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to curtail

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or abridge the right of any person to prosecute a civil action for damages by reason of injuries to person or property resulting from the negligent use of the highways described in this Act by a machine or its owner or his employees or agent. Damages. SEC. 10. Be it further enacted by the authority aforesaid, That any one violating any one of the provisions of this Act shall, upon conviction thereof, be punished as described in Section 1039 of Volume 3 of the Code of Georgia of 1895. Violations of Act punishable. 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 16, 1909. BIBB COUNTY, PUBLIC LIBRARIES. No. 213. An Act to amend an Act approved August 13th, 1904, concerning the county's appropriation to the two libraries in the city of Macon, by adding to the proviso to the first Section of said amending Act after the word repairing the following words: insuring, storing and properly caring for books herein authorized to be purchased, 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 passing of this Act, that the Act entitled, An Act to amend an Act approved August 13th, 1904, concerning the county's appropriation to the two libraries in the city of

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Macon, be, and the same is, hereby amended by adding to the proviso to the first Section of said amending Act after the word repairing the following words: Insuring, storing and properly caring for the books herein authorized to be purchased, and for other purposes, so that said proviso to said Section 1 when so amended will read as follows: Provided, that the said board of directors or managers shall be authorized to use any portion of said fund for the purpose of repairing, insuring, storing and properly caring for the books herein authorized to be purchased, and for other purposes. Care of books in Bibb county Library. SEC. 2. 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 August 14, 1909. BIBB COUNTY DIRECTED TO PAY COUNSEL FEES. No. 96. An Act to authorize and direct Bibb county to pay to John P. Ross the attorney's fee incurred by the road board of Bibb county in the case of John C. Green and T. B. West vs. The Road Board of Bibb county, petition for mandamus, in the Superior Court of Bibb county, and costs incurred by said road board on a cross bill of exceptions in said case. 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 Bibb county be, and hereby is, authorized and directed to pay to John P. Ross, of said county, the sum of seven hundred and fifty ($750)

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dollars for attorney's fee incurred by the road board of Bibb county in the case of John C. Green and T. B. West vs. The Road Board of Bibb county, petition for mandamus, in the Superior Court of Bibb county, and fourteen dollars and seventy-five cents ($14.75) for costs incurred by said road board and advanced by him on a cross bill of exceptions in said case. Counsel fees and costs in case against Road Board of Bibb county. 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, 1909. CHATHAM COUNTY, COUNTY POLICE FORCE ESTABLISHED. No. 102. 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 to create, organize and maintain a county police force in and for the county of Chatham, which county police force shall

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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 of 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 county police force in Chatham county jail. Police force for Chatham county. SEC. 2. Be it further enacted by the authority aforesaid, That the commissioners of Chatham county and ex-officio judges are authorized and empowered to appoint all members of said county police force; to create one member of said 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 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. Organization and maintenance of police force. 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

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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 laws 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 their duties. Qualifications and oath of policemen. 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 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

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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 and duties of policemen. 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, 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 of policemen. SEC. 6. Be it further enacted by the authority aforesaid 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. Resisting policemen punishable. SEC. 7. Be it further 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 9, 1909.

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COFFEE COUNTY, COMMISSIONER OF ROADS AND REVENUES FOR. No. 65. An Act to create the office of commissioner of roads and revenues in and for Coffee county, provide the methods of election of such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in case of a vacancy in the 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 authority of the same, That the office of commissioner of roads and revenues in and for Coffee county, 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, 1910, and every second year thereafter in the same manner as other county officers are elected; and said commissioner so elected at said election shall, after qualification, enter immediately upon the discharge of his duties, and shall hold said office for a term of two years from January 1st, 1911, 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, which said special election shall be called by the Ordinary of said county immediately and held within thirty days from the date of the vacancy, and be governed by the same rules and regulations and qualifications as to voters as applied to the election of other county officers. In the interim the Ordinary of said county shall perform all the duties of said office

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and assume all the responsibilities of the said commissioner, and receive the same compensation, at the same rate of said commissioner, to be prorated as to the length of time he shall serve. A commissioner of roads and revenues for Coffee county; election, term, etc. SEC. 2. Be it further enacted by the authority aforesaid, That the commissioner as herein provided, shall be commissioned by the Governor of said State for the term of office for which he is elected, and before entering upon the discharge of the duties of said officer, he shall take and subscribe to, before some officer legally authorized to administer oaths, an oath to faithfully and to the best of his knowledge and ability, discharge all the duties of said office, and he shall also give a 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 ten thousand ($10,000) dollars, conditioned for the faithful performance of his duties as such commissioner. Oath and bond. SEC. 3. Be it further enacted by the authority aforesaid, That said commissioner shall have exclusive jurisdiction over all county matters, and shall be invested with all the powers and duties as to the revenues of Coffee county in levying and collecting taxes, and other revenues of the county, and in disposing of said taxes and revenues which have heretofore been exercised by the board of commissioners of roads and revenues for said county. Said commissioner shall have exclusive jurisdiction and control over all county property, and all roads and bridges in said county, and shall be charged with the duty of maintaining and keeping the same in proper condition, and shall be vested with all the powers and charged with all the duties as required

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by county authorities, as prescribed by law in reference thereto. He shall have exclusive jurisdiction over all subject matter enumerated in Section 4238 and Section 679 of the Code of the State of Georgia, 1895, and shall be vested with all other powers and duties conferred by the laws of this State upon Ordinaries when sitting for county purposes, and such as is conferred generally upon county authorities. Powers of Commissioner. SEC. 4. Be it further enacted by the authority aforesaid, That said commissioner shall have his office at the court house in said county at Douglas, Ga. Office. SEC. 5. Be it further enacted by the authority aforesaid, That said commissioner shall hold a regular court for the transaction of the public business of the county connected with the county matters in the court house in Douglas in said county on the first Monday in each month, and at such other times as he may fix and determine by proper order passed and entered upon his minutes. He shall keep accurate minutes of all county matters transacted by him, and shall keep proper and correct books of accounts of all public monies received and expended under his direction, showing sources from which all such monies are received, and for what purpose expended. Such books shall be at all times subject to inspection by any citizen as other public books and records. Said commissioner shall have power to administer oaths and bear testimony as to all matters over which he has jurisdiction and when sitting as a court shall have power to punish for contempt under the same rules and regulations as provided for other courts. Said commissioner shall sign all certificates for the payment of all monies, which shall be a sufficient voucher

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for the county treasurer, who is authorized and required to pay all legal demands made upon him by said commissioner. Commissioner's court. Minutes and books of accounts. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioner is hereby authorized to employ and retain a competent attorney-at-law who shall be a resident of said county to advise him concerning all matters which may come up pertaining to the duties of said office, and to provide for the compensation of said attorney for his services, and agree upon the same, which compensation shall not exceed the sum of three hundred dollars per annum, and which shall be paid out of the county treasury. Attorney for Commissioner. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of fifteen hundred dollars per annum for his services, to be paid monthly at the end of each month's services. He is authorized to employ a clerk or stenographer to assist him in keeping his books and minutes, but in no event shall the said county be liable for a clerk's or stenographer's compensation, but said commissioner shall be liable for the same. Compensation of commissioner. Clerk. SEC. 8. Be it further enacted by the authority aforesaid, That said commissioner shall submit to the respective grand juries at each term of the Superior Court of said county, all the records of said office showing the receipts and expenditures of the county's revenues. Reports to Grand juries. 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 9, 1909.

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COFFEE COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 50. An Act to repeal an Act creating a board of commissioners of roads and revenues for Coffee county, approved December 16th, 1895, and the Act amendatory thereof, approved August 22d, 1905. 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 entitled, An Act to create a board of commissioners of roads and revenues for the county of Coffee, approved December 16th, 1895, and the Act amendatory thereof entitled, An Act to amend an Act entitled an Act to create a Board of commissioners of roads and revenues for the county of Coffee, approved December 16th, 1895, by repealing Section II thereof and inserting in lieu thereof a Section providing for the election of said commissioners by the direct vote of the qualified voters of said county; and by amending Section (4) by providing for the filling of vacancies on said board by the remaining members thereof until the next general election, and for other purposes, approved August 22d, 1905, be, and the same are, hereby repealed. Board of commissioners for Coffee county abolished. SEC. 2. Be it enacted by the authority aforesaid, That this Act shall become operative on the first (1st) day of January in the year one thousand, nine hundred and eleven (1911). Act effective January 1st, 1911. 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 9, 1909.

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COLQUITT COUNTY, ROAD COMMISSIONERS AND DISTRICTS. No. 227. An Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues for the county of Colquitt, and to define their powers and duties, approved March 2d, 1875, Acts of 1875, page 248, so as to provide that the county of Colquitt shall be divided into five commissioners districts and to provide further that one commissioner shall be elected from each district, 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 create a board of commissioners of roads and revenues for the county of Colquitt, and to define their powers and duties, approved March 2d, 1875, and found in Acts of 1875, page 248, be, and the same is, hereby amended by adding at the conclusion of Section one of said Act the following words, to-wit: Provided, That the county of Colquitt shall be divided into five commissioner's districts, as follows: District No. One to be composed of the Moultrie Militia District; District No. Two to be composed of Hartsfield, Bridge Creek and Hamilton Militia Districts; District No. Three to be composed of Thigpen, Doerun and Mill Creek Militia Districts; District No. Four to be composed of Autryville, Robinson and Warrior Militia Districts; District No. Five to be composed of Monk, Crossland, Ty Ty and Norman Park Militia Districts and that one commissioner shall be elected from each of said districts

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to be voted for by all of the qualified voters of said county, so that said Section of said Act when amended, shall read as follows: Board of commissioners for Colquitt county, Act creating amended. SECTION 1. The General Assembly of the State of Georgia do enact, That there shall be established a board of commissioners of roads and revenue for the county of Colquitt in this State which board shall consist of five persons to be elected by the qualified voters of said county at an election to be held at the several election precincts therein, on the first Monday in May next, after the passage of the Act, under the laws governing the election of other county officers, and now of force in this State; the managers of which election shall consolidate the returns thereof, at the county site of said county, commencing at 12 o'clock of the day succeeding the day of such election, and shall certify the same together with the result thereof, to the clerk of the Superior Court of said county, who shall record such certificate in his office, on the minutes of the Superior Court and said clerk shall furnish to each of the commissioners so elected, a copy of such certificate, and the same shall authorize the commissioners named therein to enter upon the discharge of their duties as hereinafter set forth. And the commissioners so elected, shall hold their office until the next regular election of county officers, or until their successors have been elected and received the certificate of the clerk of the Superior Court as above provided for, and the terms of office of the commissioners elected at all subsequent elections shall be the same as other county officers; provided, that the county of Colquitt shall be divided into five commissioners districts as follows: District No. One to be composed of the Moultrie Militia District; District No.

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Two to be composed of Hartsfield, Bridge Creek and Hamilton Militia Districts; District No. Three to be composed of Thigpen, Doerun and Mill Creek Militia Districts; District No. Four to be composed of Autryville, Robinson and Marion Militia Districts; District No. Five shall be composed of Monk, Crossland, Ty Ty and Norman Park Militia Districts, and that one commissioner shall be elected from each of said districts, to be voted for by all qualified voters of said county. County divided into five commissioners districts. SEC. 2. Be it further enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Approved August 14, 1909. DOOLY COUNTY, ROADS IN MUNICIPALITIES, HOW WORKED. No. 211. An Act to require the commissioners of roads and revenues for the county of Dooly to work on the public roads and thoroughfares within the corporate limits of the municipalities of said county, and for other purposes, etc. 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 commissioners of roads and revenues of the county of Dooly to work all the public roads and thoroughfares leading to and through the municipalities of said county within the corporate limits of said municipalities the same as the said public roads and thoroughfares are now worked outside of the corporate limits of said municipalities. Dooly county to work its public roads in and through municipalities.

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SEC. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. DOOLY COUNTY, COMMISSIONERS OF ROADS AND REVENUES, ACT CREATING AMENDED. No. 177. An Act to amend an Act approved July 30, 1908, amending an Act to create a board of commissioners of roads and revenues, providing for the election of said board by the people, so as to provide for the time of said election and the terms of office of said commissioners, and for other purposes, etc. 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 one of an Act approved July 30th, 1908, providing for the election of the members of the board of commissioners of roads and revenues of Dooly county be, and the same is, hereby amended by striking out the numerals, 1909 in line twenty-four, and inserting in lieu thereof the numerals 1910, also by striking out the numerals, 1909 in line twenty-eight and inserting in lieu thereof the numerals 1911; also by striking the numerals 1908 from the thirty-fourth line thereof and inserting in lieu thereof the numerals, 1910; also by striking out the numerals, 1908 in line thirty-nine thereof and inserting in lieu thereof the numerals 1910; also by striking out the numerals, 1908 in line forty-four thereof, and inserting in lieu thereof the numerals 1911; also by striking out the numerals, 1908 in line forty-nine thereof and inserting in lieu

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thereof 1910, so that said Section when so amended shall read as follows: Board of commissioners for Dooly county, Act creating amended. 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 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 one 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 grand 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 word and figures that at the next regular election on the first Wednesday in October, 1910, 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, 1911, and shall continue in office until their successors shall be elected and qualified, and that the successor to said board

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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, 1910, 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 the authority of the same, That at the next regular election on the first Wednesday in October, 1910, 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 in January, 1911, and shall continue in office until their successors are elected and qualified, and 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, 1910. Election of commissioners. 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, 1909. DOUGLAS COUNTY, BONDS OF COMMISSIONERS. No. 71. An Act to amend an Act approved July 30, 1903, as amended, creating a board of county commissioners for Douglas county, defining their duties, etc., by requiring said board to give bond to the Ordinary of Douglas county, 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 the Act amending an Act creating a board of commissioners for the county of Douglas, approved July 30th, 1903, be, and the same is hereby amended by adding at the end of Section 12, the following words: And the chairman of said board of commissioners and his successors in office shall, on the passage of this Act, give bond to the Ordinary of Douglas county in the sum of two thousand dollars, and the other members of said board and their successors in office shall give bond to the Ordinary of said county in the sum of one thousand dollars for the faithful performance of their duties as county officers. And it shall also be the duty of said board of commissioners if they shall at any time allow their clerk or any other person to become the custodian of the road funds and to issue warrants or orders on the same, to require him to give a bond equal to that of the chairman of said board. Commissioners of Dooly county required to give bond. 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, 1909. GLASCOCK COUNTY, WARRANTS ON TREASURER, HOW SIGNED. No. 265. An Act to amend an Act creating a board of commissioners of roads and revenues for Glascock county, approved July the 23rd, 1908, so as to provide that all orders or warrants drawn on the county treasurer

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shall be signed officially by the chairman of said commissioners, or by their duly elected clerk. 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 eleven (11) of an Act entitled An Act to amend an Act to create a board of commissioners of roads and revenues for Glascock county, approved August 21st, 1906, 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, be, and the same is, hereby amended by striking the words signature of and from the second line of said Section eleven, and by adding to said Section at the end thereof and after the word commissioners the following: All orders or warrants drawn for money so ordered paid shall be signed officially by the chairman of said commissioners or by their duly elected clerk, so that the said Section eleven of the above entitled Act, when amended, shall read as follows: No money shall be paid out or used except upon the authority of at least three of the commissioners; all orders or warrants drawn for money so ordered paid shall be signed officially by the chairman of said commissioners or by their duly elected clerk. Warrants on treasury of Glascock county, how signed. 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 16, 1909.

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GLYNN COUNTY, BONDS OF, FOR ROADS AND BRIDGES. No. 62. An Act to authorize the county of Glynn to issue bonds in a sum not exceeding one hundred thousand dollars for the construction and improvement of public roads and bridges in said county, providing for an election for such purpose, 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 county of Glynn, in said State, be, and it is hereby authorized and empowered to issue bonds in a sum not exceeding one hundred thousand dollars for the construction and improvement of the public roads and bridges of said county, and for this purpose the commissioners of roads and revenues of said county are hereby authorized and empowered to order an election to determine the question of issuing such bonds. Bonds of Glynn county for roads and bridges. SEC. 2. Be it further enacted by the authority aforesaid, That in the event the result of such election should be in favor of the issuing of such bonds, then the said commissioners of roads and revenues are fully empowered and directed to provide for the levy and collection of an annual tax on all of the taxable property in said county sufficient in amount to pay the principal and interest on said debt within thirty years from the date of incurring said indebtedness. Tax to pay bonds. SEC. 3. Be it further enacted by the authority aforesaid, That all laws of said State now of force and applicable to elections by counties to determine the question of issuing bonds for any purpose by said counties shall

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be applicable to and govern the election to be called and ordered under this Act, and as well the issue, validation and sale of such bonds. And if said election is held during the year 1909, the provisions of the Act approved December 17, 1894, entitled An Act to provide for the registration of voters in this State, etc., and the Act amendatory thereof, approved December 20th, 1897, shall be applicable to and determine the qualifications of those who shall be entitled to vote at said election, provided, that no person shall be entitled to vote at said election who is not qualified to vote under the provisions of the Act approved August 1, 1908, entitled 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. If the result of such election should be against the issue of such bonds, then such commissioners of roads and revenue shall be authorized to order another election at which the question may be again voted upon; provided, that such election shall not be called for a vote which shall be less than thirty days from the date of the first election. Provided, that if the General Assembly should, prior to the date of holding such election, enact a general law fixing the qualifications of voters for special elections, such as herein authorized, then the provisions of such general law shall be held applicable to the election for which provision is herein made, and said election shall be held in conformity to such general law. Election for bonds. SEC. 4. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of

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said county be, and they are, hereby authorized in the event the result of said election is in favor of the issuance of such bonds, to join with any railroad company in the construction of a bridge across the South branch of the Altamaha River, said bridge to be suitable for a highway bridge as well as a railroad bridge. Bridge across Altamaha River. 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 10, 1909. GORDON COUNTY, COMPENSATION OF COMMISSIONERS. No. 3. An Act to provide compensation for the commissioners of roads and revenues of Gordon county, Ga., for services rendered on other than regular monthly court days, and not to include the chairman. 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 commissioners of roads and revenues of Gordon county, except the chairman thereof, shall severally be paid two dollars per diem for services rendered the county on other than regular monthly court days, compensation for which is already provided for. Per diem of commissioners of Gordon county. SEC. 2. Provided, further, That the several commissioners shall not be paid for more than fifty days services altogether, during each year, not including

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regular monthly court days. That it shall be the duty of each commissioner to make out an itemized account of all services rendered, and turn it over to the chairman of the board. Each account must be approved by the chairman of the board, before said accounts shall be paid by the county treasurer. Accounts of commissioners. 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 24, 1909. HALL COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 25. An Act to amend An Act to create a board of commissioners of roads and revenues in the county of Hall; to define their powers and duties, and for other purposes, approved December 23rd, 1886, and so as to repeal An Act to amend an Act to create a board of commissioners of roads and revenue in the county of Hall, and for other purposes, approved July 30th, 1903, as shown in printed Act of 1903, pages 338 and 339, and so as to amend and change said original Act as approved December 23rd, 1886, so as to increase the number constituting said board of commissioners of roads and revenue in said county, paying said commissioners a salary, changing the mode of their election, and dividing said Hall county into road districts. 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 the Act of the General Assembly entitled An Act to amend an Act to create a board of commissioners of roads and revenue in the county of Hall, and for other purposes, approved July 30th, 1903, of the printed Acts of 1903, pages 338 and 339 be, and the same is, hereby repealed. Board of commissioners of Hall county, Act creating amended. 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 Section 1 of the printed Act of 1886, page 265, entitled An Act to create a board of commissioners of roads and revenue in the county of Hall; to define their powers and duties, and for other purposes, be, and the same is, hereby amended as follows: 1. By striking out all of the first Section of said Act after the enacting clause, and substituting the following: That at the regular session of the Superior Court in and for Hall county on the third Monday in January, 1910, next after the passage of this Act, the grand jury on the first day of said session, shall elect by a two-thirds vote by ballot, three citizens of said county who shall, together with the two members now in office, not including the Ordinary of said Hall county, after taking the oath hereinafter prescribed, constitute a board of commissioners of roads and revenue for said county. Election of commissioners. SEC. 3. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 2 of said printed Act of 1886, page 265, creating the board of commissioners of roads and revenues for Hall county be, and the same is, hereby amended as follows. 1. By striking out all of said Section 2 after the enacting clause and substituting the following: That the terms of office

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of the board of commissioners shall be two years. Three members shall be elected on the first day of the regular session of Hall Superior Court on the third Monday in January, 1910, and every two years thereafter by the grand jury, and the successors to the two members of the board of roads and revenues now in office not including the Ordinary of Hall county, shall be elected by the grand jury on the first day of the regular session of Hall Superior Court on the third Monday in January, 1911, one of which members so elected at said term of the court being designated as chairman of said board of commissioners to succeed the present chairman, it being the intention of this Act that the term of office of three of said commissioners shall expire at one time and two the next, their term of office to commence immediately after their election by said grand jury and upon their taking the oath of office. All vacancies which shall occur by reason of the expiration of a term of office shall be filled by the grand jury and all vacancies which shall occur in any other way than by the regular term, shall be filled by appointment by the Ordinary of Hall county to fill the unexpired term. Terms of office of commissioners. SEC. 4. Be it further enacted by the authority aforesaid, That Section 5 of said original Act as approved December 23rd, 1886, be amended by striking the word two in the first and second lines of said Section five (5) and inserting in lieu thereof the word four (4), so that said Section, as amended, will read as follows: That four of said board will be a quorum, and four must concur to pass an order, or let any contract, pledge the county credit, or grant or allow any claim against the county, or levy any tax. Quorum of board.

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SEC. 5. Be it further enacted by the authority aforesaid, That Section 7 of said original Act, approved December 23rd, 1886, be, and the same is, hereby amended as follows: By striking out all of the last paragraph of said Section 7, which refers to the clerk of said board of commissioners, and his compensation, and substituting the following: The said board shall have the right to appoint a clerk of said board at such compensation as they may decide, not to exceed two hundred dollars per annum, and to remove said clerk at their pleasure, and it shall be the duty of said clerk to keep a full minute of all proceedings of the board, to keep on file and preserve all papers relating to the business of the board; to keep in a special book a statement of all taxes levied and for what purpose levied, and a separate and detailed statement of each order drawn on the fund for which any tax is levied, so as to show the amount drawn on each fund, and shall prepare and submit to the grand jury of the county on the first day of each regular term of the Superior Court a balance sheet showing the amount to the credit of each fund and the amounts drawn on said fund, and shall, in addition, keep such other books and perform such other duties as are or may be required by law or by order of said board. Clerk of board. SEC. 6. Be it further enacted by the authority aforesaid, That Section 8 of said original Act as approved December 23rd, 1886, be amended by striking out all of said Section 8, after the enacting clause, and substituting the following: That the members of said board shall be paid the sum of two hundred dollars ($200.00) per annum for their services as Commissioners of roads and revenues, this amount being the only amount they

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shall receive directly from said county in connection with their pay for services rendered; each of said commissioners so elected defraying all expenses incurred by him for livery bills and traveling expenses incurred while in office. The salaries of said commissioners shall be paid monthly by the county treasurer upon the order of said board. Salary of commissioners. SEC. 7. Be it further enacted by the authority aforesaid, That said Act as approved December 23rd, 1886, be, and the same is, hereby amended by adding the following Sections: (a) 11. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That for the purposes of this Act, the said county of Hall shall be divided into four parts, sections, or road districts, to be constituted as follows: That the 411th Gainesville district, G. M., shall form road district number one (1), in which said district the chairman of said board of commissioners of roads and revenues shall reside. The second road district shall include and be composed of 1605th Oakwood district, G. M., 565th Wilson's district, G. M., 1270th Flowery Branch district, G. M., 413th Roberts district, G. M., 1419th Friendship district, G. M., and the 329th Clinchem district, G. M. The third road district shall include and be composed of 285th Morgan's district, G. M., 1385th Candler district, G. M., 268th Tadmore district, G. M., 1557th Gillsville district, G. M., 403rd The Glade district, G. M., and 410th Narramore district, G. M. The fourth road district shall include and be composed of the following named districts: 810th Polkville district, G. M., 434th Quillian's district, G. M., 803rd Big Hickory district, G. M., 569th Bark Camp district, G. M., 570th Whelchel's district, G. M., and

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575th Fork district, G. M., of said county. (b) 12. Be if further enacted by the authority aforesaid, That the five commissioners composing the board of roads and revenues for Hall county shall be discreet and upright citizens, who are resident freeholders of said county, and further provided, that in the election of said commissioners by the grand jury one for each road district is hereby prescribed and one to be chosen or elected by the grand jury from the county at large. All the provisions of this Act to become operative on and after the third Monday in January, 1910. The chairman of said board of commissioners shall preside at all meetings of the board, his duties to be prescribed by said body. (c) 13. Be it further enacted by the authority aforesaid, That the chairman of the board of roads and revenues for Hall county under this Act shall be chosen and elected by the grand jury on the third Monday in January, 1911, after the expiration of the term of office of the present chairman, and every two years thereafter, and in addition to the duties already prescribed. Said chairman now in office and his successors in office shall publish monthly in the paper in which legal advertisements are published an itemized statement of all monies received and expended by said board during the month past preceding such publication, and the sources from which received and prposes for which expended, the expenses for each publication to be paid out of the county treasury. Each member constituting the board of roads and revenues for said county shall be required to give a solvent bond in the sum of $1,000.00, payable to the Governor of said State and his successors in office, conditioned for the faithful performance of their duties as

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such commissioners, each of said bonds so given to be approved by the Ordinary of Hall county. Road districts. Qualifications of commissioners. Chairman of board. Bonds of commissioners. SEC. 8. It shall not be lawful for said board to pay any salary or compensation to overseers of roads for any work or attention to roads for the time which, under the law, they would be required to work on the roads if not overseers, or to employ or pay any overseer or superintendent or guard for any time or work except when engaged under the direction of the board in controlling or superintending work done by convicts or force of hired laborers disconnected with the regular work of road hands in the various districts. Overseers of road work. SEC. 9. Be it further enacted, That it shall be the duty of the board of commissioners of roads and revenues of said county to provide for the payment, as soon as possible, of all the floating debt of said county for money borrowed or advanced to pay current expenses, said provision to be made by levy of taxes or from other receipts, and not by further borrowing, and it shall be unlawful, after the passage of this Act, for said board to borrow any money or pledge the credit of the county, or receive any advance of money to pay current expenses by any device whatever, or to use for county purposes any money hereafter so obtained, but it shall be the duty of said board to provide by levy of taxes within the limits allowed by law for the necessary expenditures of the county from the time of said levy until provision can be made for collection of the necessary taxes in the year following, so as to avoid having to borrow money for current expenses. Provided, nothing in this Section shall prohibit the exercise of any right under the constitution to incur a debt to meet casual deficiencies of the revenue. Floating debt.

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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 August 6, 1909. HEARD COUNTY, SPECIAL ROAD LAW REPEALED. No. 166. An Act to repeal, so far as the same affects Heard county, Georgia, an Act approved December 24th, 1896, and as amended in 1898 and 1903 and 1908, entitled An Act to give commissioners of roads and revenues, county judge, as the case may be, of each county the power and authority to lay out, change, or discontinue the public roads, and to work and have worked the same; to provide for levying a tax for road purposes; to prescribe who shall be subject to road duty; for the appointment of a superintendent of roads and other necessary officers; to provide how said roads shall be worked; to provide for the punishment of defaulters, and how and when this Act shall go into effect in any 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 on and after January 1, 1910, after the passage of this Act, the Act and amendments referred to in the foregoing caption of this bill, said Act and amendments being known and commonly termed the Yates or Four Days Law, shall be, and the same are, hereby repealed so far as said Act and amendments affect Heard county, Ga. Heard county road law repealed.

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SEC. 2. All laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Approved August 14, 1909. IRWIN COUNTY, BOARD OF COMMISSIONERS CREATED. No. 250. An Act to amend an Act entitled 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 for the election of their successors in office by the qualified voters of said county; to fix their salary, and for other purposes, approved August 11th, 1908, so as to reduce the number of the members of said board, 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 entitled 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, approved August 11th, 1908, be, and the same is, hereby amended by striking out from the fifth line of Section 1 of said Act the word ten and inserting in lieu thereof the word nine, so that said Section, when so amended, will read as follows: Be it enacted by the General Assembly of the State of Georgia, and it

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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 nine 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. Board of commissioners for Irwin county, consisting of nine members. SEC. 2. Be it further enacted by the authority aforesaid, That Section 2 of said Act be, and the same is, hereby amended by striking therefrom all of said Section after the word established in the sixth line of said Section, so that when so amended, said Section will read as follows: 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 said county of Irwin, one member shall be chosen from each militia district in said county, as now laid off and established. One commissioner from each militia district. SEC. 3. Be it further enacted by the authority aforesaid, That Section 7 of said Act be, and the same is, hereby amended by striking all of said Section beginning with the word who in the sixth line thereof down to and including the word county, in the thirteenth line thereof; also by adding after the word body in the fifteenth line of said Section the words who by virtue of said pro tem. 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 conditional for the faithful performance of his duties as clerk of said

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board, which bond shall be approved, recorded and filed by the Ordinary of said county in his office, so that said Section, when so amended, will read as follows: Be it further enacted by the authority aforesaid, That as soon as said commissioners herein appointed shall have qualified, given bond and received their commission, they shall meet and organize by the election of one of their members chairman of said board. Said board shall also at the same time elect one of their number chairman pro tem, who, by virtue of said pro tem 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, recorded and filed by the Ordinary of said county in his office. The reorganization of said board in like manner shall occur upon the qualification of all successors 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 in said board occurring between regular elections herein provided for. Organization of board. SEC. 4. Be it further enacted by the authority aforesaid, That Section 8 of said Act be, and the same is, hereby amended by inserting after the word chairman, in the second, twenty-fourth, twenty-ninth and thirty-seventh lines of said Section the words pro tem; also by inserting the words at the request, absence or disability of the chairman, after the word same, in the third line of said Section; also by striking therefrom the words and ex-officio clerk, in the

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thirty-first, thirty-second, thirty-fifth and thirty-seventh lines of said Section, so that said Section, when so amended, will read as follows: Be it further enacted by authority aforesaid, That the chairman pro tem and ex-officio clerk of said board shall preside over the meeting of the same at the request, absence or disability of the chairman, 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 account of all 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 the said board. He shall also prepare and have published in suitable manner one month before the convening of the spring and fall term of the Superior Court in 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 pro tem and ex-officio clerk shall furnish the foreman of each grand jury on the first day of each term of said Superior Court with a copy of said statement for the information of that body in the investigation of county matters, and such statement shall be sworn to by said chairman pro tem and ex-officio clerk. It shall be the duty of the

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chairman pro tem., and he is hereby clothed with that authority, in the absence of the chairman of the board from any cause or at the request of said chairman, when present and serving, to discharge any and all duties imposed upon said chairman by this Act, at such request, or during such absence or disability. Said chairman pro tem 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 pro tem. SEC. 5. Be it further enacted by the authority aforesaid, That Section 13 of said Act be, and the same is, hereby amended by adding after the word board, in the fifty-fifth line of said Section, the words except the chairman and the chairman pro tem and ex-officio clerk of said board. The chairman pro tem and ex-officio clerk of said board shall receive a salary of six hundred ($600.00) dollars per annum. Also, by adding after the word chairman, in the twelfth line of said Section, the words pro tem and ex-officio clerk. Also, by striking all of said Section beginning with the word and in the fifth line thereof, down to and including the word meetings in the seventh and eighth lines thereof. Also by striking the word six in the eighth line of said Section and inserting in lieu thereof the words two hundred and fifty, and by striking the figure six in the eighth Section and inserting in lieu thereof the figures 250, so that said Section, when so amended, will read as follows: Be it further enacted by authority aforesaid, That said commissioners each shall receive as their compensation the sum of three

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dollars per day for each day of actual service rendered by them in attendance upon meetings of said board, except the chairman of said board shall receive a salary of two hundred and fifty dollars ($250.00) per annum. The chairman pro tem and ex-officio clerk of said board shall receive a salary of six hundred ($600.00) dollars per annum. All the above provided compensation to be paid monthly upon presentation of properly itemized accounts by the members to whom it is due to the chairman pro tem and ex-officio clerk, who is hereby authorized to draw his warrants upon the county treasurer for the same, which shall be paid by said treasurer out of the county funds in his hands, and designated in said warrant. Compensation of members of board. SEC. 6. Be it further enacted by the authority aforesaid, That Section 14 of said Act be, and the same is, hereby amended by adding after the word chairman, in the second and sixth lines of said Section, the words pro tem; and also by striking all of said Section beginning with the word provided, in the thirteenth line thereof, so that when so amended, said Section will read as follows: Be it further enacted by authority aforesaid, That the chairman pro tem 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 pro tem and ex-officio clerk is hereby further empowered to sign and issue warrants upon 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 board, as shown by the

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minutes thereof, at any time between the regular meetings of said board. Warrants on the treasury, how signed. SEC. 7. Be it further enacted by the authority aforesaid, In the absence of the chairman pro tem and ex-officio clerk of said board, or in the event of his removal from office by resignation or otherwise, all of the duties of his office shall be performed by the chairman of said board. Absence of chairman pro tem. 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 16, 1909. JOHNSON COUNTY, BOARD OF COMMISSIONERS OF, ABOLISHED. No. 33. An Act to repeal an Act approved August 11th, 1908, creating a board of roads and revenues for the county of Johnson, defining their duties and powers, and fixing their compensation, and for other purposes. SECTION 1. Be it enacted, and it is hereby enacted by the General Assembly of the State of Georgia, That an Act approved August 11th, 1908, creating a board of roads and revenue commissioners for the county of Johnson, defining their duties and powers, and fixing their compensation, and for other purposes, be and the same is, hereby repealed. Board of commissioners of Johnson county, repeal of Act creating. SEC. 2. Be it further enacted, That this Act shall not become effective and of force until it has been submitted

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to a vote of the people at an election to be held in the county of Johnson on the first Wednesday in October, 1909, next, and if a majority of the votes cast at said election is for the repeal of the Act creating said Board of roads and revenue commissioners, this Act shall become immediately in effect and operative; if not, this Act shall be lost. Those voting at said election favoring the repeal of the Act creating the board of roads and revenue commissioners in said county shall write or have printed on the ballot against commissioners, and those against the Act to repeal the Act creating the board of roads and revenue commissioners in said county shall have written or printed on their ballots for commissioners. Ratification of Act. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same is, hereby repealed. Approved August 6, 1909. JOHNSON COUNTY, ADMINISTRATION OF COUNTY AFFAIRS. No. 77. An Act to prescribe the duties and powers of the Ordinary of Johnson county, when sitting for county purposes; to provide for his compensation; to provide for the appointment of a clerk to the Ordinary for county purposes; to provide for the compensation of such clerk; to provide for the equal distribution of the taxes levied for the payment of the expenses of working the roads, bridges and causeways in said county, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of Georgia, That the Ordinary of Johnson county, State of Georgia, shall, when sitting for county purposes, have in addition to the jurisdiction and powers conferred upon the Ordinaries in this State by law, the power to levy and collect road taxes, commutation taxes, the working of public roads, to lay out, open, change or discontinue public roads in the county of Johnson, as is now by law made and provided by the Code of the State of Georgia, 1895, Volume 1, Sections 573 to 582, inclusive, and all amendments thereto, as well as the building of bridges and causeways, the power to appoint or employ such persons for specific purposes appertaining to roads, bridges and causeways 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. Provided, however, that said Ordinary of said county of Johnson shall not purchase materials, supplies or other articles of necessity for any department of said county from any relative of his, either by blood or marriage, within the second degree, nor from any person in his employ either directly or indirectly as Ordinary or otherwise, nor shall said Ordinary appoint, employ or contract with, either directly or indirectly, any person to do or to perform any labor, building or other thing for the county of Johnson who shall be either related to him by blood or marriage within the second degree, or who shall be in his employ, directly or indirectly, as Ordinary or otherwise. Ordinary of Johnson county, jurisdiction over county matters. SEC. 2. Be it further enacted by the authority aforesaid, That said Ordinary shall sit for county purposes on the first Tuesdays in each month, and for the exercise

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of such other powers as he has as a quasi corporation, contradistinguished from his power as a court, and he shall also keep his office open on 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, bridges and causeways of said county, and he shall ride over and personally inspect all the public roads, bridges and causeways in the county at least once in every six months. He shall supervise and, so far as practical, superintend and direct the work on, and those in charge of the working of the public roads, bridges and causeways, the building of and all repairing of any building or structure of any kind for the use and benefit of said county. Administration of county matters. SEC. 3. Be it further enacted by the authority aforesaid, That said Ordinary shall keep such records of county matters as are now by law required to be kept, and to make such reports to the grand juries as he is by law required to make. He shall also keep a book in which he shall record in itemized form, all articles and things of whatever kind purchased by him for the use and consumption by any department of the county government, recording the name of the article or thing so purchased and the price paid therefor, the date when purchased, and the department for which it was purchased, and the name of the party from whom purchased. He shall also keep a cash book in which he shall enter any and all items of cash collected or received by him for any department of the county, the name of the party from whom collected or received, and he shall also enter the date of any and all payments of such monies collected

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or received by him to the county treasurer; said cash book to be by him balanced monthly; and he shall at least once in every three months make up an itemized report of all his expenditures and disbursements for each and every department of the county's government, separating the same in a manner that each department expense shall stand to itself, so as that the expense of each department may be readily ascertained; and he shall publish this quarterly statement in said itemized form in some newspaper in the county, the expense of which shall be paid for out of the county funds raised for printing. He shall also in every three months publish a detailed report of all work done for the county, either on the public roads, bridges or causeways, or for any other department of the county government. He shall, in said report, accurately describe the kind, quality, and the amount of work done, and he shall describe the roads worked, where worked, and how many miles worked, the quality and description of said work, which report shall, in like manner, be published in some newspaper in said county. Books to be kept by the Ordinary. Publication of reports. SEC. 4. Be it further enacted by the authority aforesaid, That the taxes advalorem, and the commutation taxes levied and collected in each year for the county of Johnson for road purposes shall be pro rated among the several districts in said county, each district to have said tax money levied and collected from the property and from those subject to road duty or commutation taxes in such district and to be annually applied to and for the public roads in such districts, same to be worked by the chaingangs or otherwise as all other districts are worked, and that the taxes advalorem levied and collected in said county shall be used indiscriminately upon

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all the bridges or causeways to be repaired or built in the county, and to the best advantage from the standpoint of prices for lumber, or from the times when the chaingang shall be at or near any such bridge or causeway to be built or repaired. Taxes prorated to districts. SEC. 5. Be it further enacted by the authority aforesaid, That said Ordinary in said county shall receive for his services when acting for county purposes, the sum of forty dollars per month, to be paid monthly out of the treasury of the county of Johnson upon his warrant drawn for that purpose, and he shall not be allowed anything more for such services in the way of fees. But if such Ordinary shall have to go to any expense for the county in the performance of or the execution of his duties which are not provided for in this Act, he shall be allowed remuneration for such expense after the same has been submitted to the judge of the Superior Court of the county at each term of his court for examination and approval of a proper and legal charge for such expense and not otherwise, same to be paid by the treasurer out of the treasury of the county on the order of the said judge of the Superior Court. Compensation of Ordinary. SEC. 6. Be it further enacted by the authority aforesaid, That the Ordinary of said county of Johnson shall if in his discretion it is found to be necessary, have the power and authority to appoint a clerk, who shall be a qualified bookkeeper, to his court for county purposes, whose duties it shall be to keep all the records pertaining to the county's business in charge of said Ordinary in a business-like, clear, concise and correct manner, and in accordance with the requirements of the provisions of this Act. Said Ordinary shall have the power and authority to discharge said clerk at any time for cause,

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and to appoint another in his stead when the duties of the office for county purposes shall require. Such clerk of the court of Ordinary for county purposes shall receive a salary of twenty-five dollars per month, to be paid monthly out of the treasury of the county on the warrant of the Ordinary. The powers of the said clerk shall be restricted to clerical work of the court, and not otherwise; the Ordinary shall personally sign all orders, judgments and warrants. Clerk of Ordinary. SEC. 7. Be it further enacted by the authority aforesaid, That this bill shall not be of effect unless the board of commissioners in the county of Johnson shall be abolished by an election to be held as provided for by local bill abolishing the same, at the present session of the General Assembly. Act effective, when. SEC. 8. 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 11, 1909. JOHNSON COUNTY, SALE OF NEAR BEER, ETC., PROHIBITED. No. 173. An Act to make unlawful the sale of near beer, and all imitations, or imitations of beer, or malt, or any similar beverage, or tonic, within the limits of the county of Johnson, and to fix the penalty therefor, 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 the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person, firm, or for any agent or employe of any corporation to sell near beer, malt tonic, Malt Mead, Acme Brew, Bud, White Top, Augusta Brew, Red Buck Ale, Wurtzberger Malt Tonic, Malt, or any similar drink or beverage of like kind, or any substitute for any imitation of beer, or intoxicating liquors within the limits of the county of Johnson. Provided, however, that neither the fact of the passage of this Act, nor anything herein contained shall ever be taken or construed to mean or imply that the sale of any malt or alcoholic drink is now lawful in Georgia. Sale of near beer, etc. in Johnson county prohibited. SEC. 2. Be it further enacted by the authority aforesaid, 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 Georgia, 1895. Violation of Act punishable. SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall not become of force and of effect unless a majority of the votes [Illegible Text] at an election to be held in and for the county of Johnson on the first Wednesday in October, 1909, shall be for this Act. Those voting at said election on this Act, shall have written or printed on their ballots the words against the sale of near beer, or for the sale of near beer, and the votes against the sale of near beer will be counted as favoring this Act, and the votes for the sale of near beer shall be counted against this Act. Ratification of Act.

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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 14, 1909. LAURENS COUNTY, ROAD LAW OF. No. 128. An Act to amend an Act approved December 1st, 1893, and amendatory Acts thereof approved August 1st, 1906, and August 17th, 1908; and to provide for establishing eight road districts in Laurens county; to provide for a commissioner to be elected from each road district; to provide for a superintendent of roads; to provide for his compensation, the compensation of the board of roads and revenues; to provide for the election of a chairman and secretary of said board; to provide their compensation, and for other purposes. SECTION 1. Be it further 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, that an Act approved August 1st, 1906, and an Act approved August 17th, 1908, amending an Act approved December 1st, 1893, be, and the same are hereby repealed. Board of commissioners of Laurens county, Act creating amended. SEC. 2. Be it further enacted, That Section 1 of an Act approved December 1st, 1893, be amended by striking the word five in the fifth line of said Section, and inserting in lieu thereof the word eight, so that when said Section is amended it shall read as follows: Be it enacted by the General Assembly of the State of

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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 and for the county of Laurens a board of commissioners of roads and revenues to consist of eight persons citizens of said county. Board consisting of eight members. SEC. 3. Be it further enacted, That there shall be in the county of Laurens eight road districts, composed of the following militia districts: District No. 1, Dublin; district No. 2, Buckeye, Jackson and Carter; district No. 3, Smith and Oconee; district No. 4, Lowery and Pinetucky; district No. 5, Burch and Cadwell; district No. 6, Reedy Spring and Hampton Mill; district No. 7, Harvard and Dudley; district No. 8, Burgamy and Bailey. Road districts. SEC. 4. Be it further enacted, That there shall be elected from each road district a commissioner of roads and revenues for Laurens county, whose term of office shall be for four years beginning after the term of office of the board of commissioners of roads and revenues named herein. Said commissioners shall each receive $10.00 per month for all services performed by them of every kind, and shall not receive or be employed to perform any duties for said county for extra compensation from said board, and should any commissioner fail to attend any regular meeting of said board or any call meeting of said board of which he has had notice, he shall forfeit $2.00 per day of said salary for each day he is absent from said meeting, same to be deducted from the amount of his salary to be paid each month out of the funds of Laurens county. A commissioner from each district. SEC. 5. Be it further enacted, That the following named citizens are hereby named members of said

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board: District No. 1, William Kea; district No. 2, J. J. Wynne; district No. 3, J. S. Drew; district No. 4, Thomas Walden; district No. 5, H. C. Burch; district No. 6, W. B. Taylor; district No. 7, John W. Guest; district No. 8, J. J. Barven. That said William Kea, W. B. Taylor, J. S. Drew and Thomas Walden [Illegible Text] serve until January 1st, 1911, or until their successors are elected and qualified at the regular election for county officers in 1910; and that H. C. Burch, J. J. Wynne, John W. Guest and J. J. Bowen shall serve until January 1st, 1913, or until their successors are elected and qualified at the regular election for county officers in the year 1912. The term of each commissioner thereafter to be for four years, or until their successors are elected and qualified. Commissioners appointed. SEC. 6. Be it further enacted, That it shall be the duty of said board of commissioners at their first regular meeting after the passage of this Act, to elect a superintendent of roads and revenues of said county, said superintendent to be a competent road builder whose duty it shall be to work the roads of said county, and to have entire charge and direction of working the roads of said county under the supervision of the said commissioners, and shall make a report at each regular meeting of said board showing what roads he has worked and the number of miles of road worked during the month. Superintendent of roads. SEC. 7. Be it further enacted, That it shall be the duty of the commissioners from each road district as above named to give direction to said superintendent as to what road he shall work in said district and on what roads he shall first begin, taking into consideration

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the most advantageous method of handling the chaingang in said road district, and that said superintendent shall work said roads as directed by the member of said board in whose district he is located. That said superintendent shall receive for said services such sum as the board of county commissioners may fix, payable out of the treasury of Laurens county. That said superintendent shall be amenable to the board of road and revenues for the faithful performance of his duties as said superintendent, and said board shall have the right to suspend or discharge said superintendent at any time when a majority of said board, in their discretion, believes that he has failed to faithfully and efficiently to perform his duties as said superintendent. That it shall be the duty of said board and superintendent under the direction of said board to rotate the road gang of said county so as to keep in good repair as near as possible all the roads of said county. Supervision of commissioners. SEC. 8. Be it further enacted, That said board of commissioners shall elect from their body a committee to be known as the finance committee, whose duty it shall be to pass upon all bills chargeable to the county, and which shall be approved by them before the same shall be paid. That said board, through their chairman, shall have a right to appoint such other committees from their body as they may deem proper for the more efficient carrying on of the work of said board. That after any bill has been approved by the finance committee of said board, a voucher shall issue for the amount of said bill, which shall be signed by the chairman and counter signed by the secretary of said board. Finance committee.

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SEC. 9. Be it further enacted, That said board shall have the right to make contracts for the purpose of building or repairing or keeping in repair any of the bridges and roads of said county, and to contract with any person to keep any portion of any road, bridge or ferry in good repair after same has been placed in good condition by said superintendent of roads, and to this end may require of any person contracting to perform any of the duties above set forth, a bond with good security in such sum as they may deem proper for the faithful performance of his contract, said bond to be payable to the county of Laurens. Contracts for work on roads and bridges. SEC. 10. Be it further enacted, That the secretary of said board shall have his office in the court house of said county; that he shall keep said office open to the public during such reasonable office hours each day in the week as the board may direct. That said secretary under the direction of said board, shall purchase all supplies for the use of the county under the direction of said board, and shall furnish to the board at each regular meeting once a month an itemized statement of all goods purchased by him during the month, showing from whom said goods were purchased and the price to be paid therefor, which statement shall be sworn to by the secretary before an officer authorized to administer oaths. That said secretary shall at all times be amenable to the board for the faithful performance of his duty, and upon his failure to perform his duty, may be removed at any time by a majority vote of said board. Secretary of board. SEC. 11. Be it further enacted, That any commissioner of said board who shall accept or receive any extra compensation from any source for his services

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as county commissioner, other than the salary named above, shall be guilty of a misdemeanor, and upon conviction therefor shall be punished as for a misdemeanor. Extra compensation forbidden. SEC. 12. Be it further enacted, That this Act shall take effect on the 1st day of September, 1909. 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. MADISON COUNTY, BOARD OF COMMISSIONERS CREATED. No. 241. An Act to create a Board of commissioners of roads and revenues for the county of Madison; to provide for the election of the commissioners who shall continue such board, and to prescribe their duties, fix their salaries, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by said authority, That a board of commissioners of roads and revenues in and for Madison county, to consist of three members, is hereby created. These three commissioners shall be elected by the people at an election to be held in said county on the fourth Wednesday in October, 1909, and the commissioners who are then elected shall hold their offices as follows: The one receiving the largest number of votes shall hold for a term of three years, and the other two for terms of one year each, and until their successors are elected and qualified, and the commissioners elected under this Act shall enter upon the discharge of their duties on January 1, 1910, and the

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election for the said commissioners shall thereafter be held on the same day as the general State election for Governor and other State officers. All persons qualified to vote for commissioners of roads and revenues, and all persons eligible to hold other county offices shall be eligible to hold the office of commissioner of roads and revenues for said county. Should a vacancy occur on said board by death, resignation or otherwise, the same shall be filled by a special election called and held in the same manner as special elections to fill vacancies in other county offices are called and held. Board of commissioners for Madison county created consisting of three members. SEC. 2. Be it further enacted, That each of the persons so elected shall, before entering upon the performance of his duties, take and subscribe before the judge of the Superior Court of said county, or the Ordinary of said county, an oath to faithfully perform the duties of commissioner of roads and revenues under this Act and under the laws of this State, which oath when taken and signed, shall be recorded in the book of minutes required to be kept by the clerk of the board and each of said commissioners, before entering upon the duties of his office, shall give a solvent bond in a solvent surety or guaranty company to be approved by the Ordinary of the county payable to the Governor of the State and his successors in office in the sum of $5,000 conditioned for the faithful performance of his duties as commissioner, and the commissioners elected under this Act shall be commissioned by the Governor of the State for the terms of office for which they are elected as in the case of other county officers. Oath and bond of commissioners. SEC. 3. Be it further enacted by the authority aforesaid, That said board of commissioners shall hold their

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regular meetings on the first Tuesday in each month at the court house; and provided, further, that said commissioners may hold special sessions at any time they may see fit and proper, or may be called together by a majority of the county board for county purposes. Meetings of board. SEC. 4. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues shall have power to exercise exclusive and original jurisdiction and control in Madison county over all county matters that are now vested by law in the Ordinary of said county, or in the commissioner of roads and revenues for Madison county under the provisions of the Act of the Legislature creating such office, approved August 20, 1906, so far as relates to [Illegible Text] bridges public buildings, county property, 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 shall have exclusive jurisdiction over all subject matter enumerated in page 4238 of the Civil Code of this State of 1895, and all duties conferred by the laws of this State upon Ordinaries, when sitting for county purposes and such as are conferred generally upon county authorities. Jurisdiction of county matters. SEC. 5. Be it further enacted by the authority aforesaid, That the majority of the commissioners shall constitute a quorum to transact business or exercise any power herein delegated pertaining to the duties of said commissioners. Quorum of board. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners at their first meeting in

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each year shall elect one of their members as chairman, and shall then elect a manager or superintendent of roads either from their number or elsewhere. The chairman shall preside at all meetings, approve and sign the minutes of all the meetings, sign in his name as chairman all orders, warrants and processes issued by said commission. The commissioners shall be paid $3.00 per day each out of the county treasury every day actually employed by them in the transaction of the business appertaining to their office. The superintendent or manager of roads shall give his entire time and attention to his duties as such superintendent or manager, shall be paid $3.00 per day and shall hold his office at the discretion of the board. Chairman and superintendent. SEC. 7. Be it further enacted by the authority aforesaid, That the board of commissioners shall elect a clerk with such pay as the board may allow, not to exceed $500 per annum, and it shall be the duty of such clerk to attend the meetings of the commissioners and to keep in a well bound book, to be provided at the expense of the county, a full and accurate record of the minutes of all transactions of the board, and to file in order of their date all original orders and to arrange and keep in order of their filing all petitions and applications and other papers addressed to the commissioners, and to record in a separate book that is given or provided by the commissioners the payment of money out of the county treasury, and all books, files and records required to be used or kept shall always be open in the office of the board of commissioners for the inspection of any tax payer of the county. The clerk shall also act as commissary to the board. He shall before beginning the discharge of his duties, take the same oath

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as that taken by the commissioners and shall be required to give a bond in the sum of $1,000 for the faithful performance of his duties, payable to said board. Clerk. SEC. 8. Be it further enacted by the authority aforesaid, That the treasurer of said county of Madison shall not disburse, or pay out of its funds from the county treasury, any money on any order unless the same shall have been signed by the chairman of the board and the clerk, provided, this shall not apply to the jury script and orders drawn by the judge of the Superior Court. Treasurer. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners shall, at each term of the Superior Court, prepare and present to the grand jury a complete statement in writing of the condition of the county property, paupers, finances, public roads and buildings and shall whenever called on by the grand jury, furnish full information concerning the public business of the county. Reports of board. SEC. 10. Be it further enacted by the authority aforesaid, That the present county commissioner and the Ordinary of said county shall deliver to said commissioners all books and papers relating to the jurisdiction and powers herein conferred, and neither said commissioner nor said Ordinary shall have any power to exercise any of the powers herein conferred upon the board of commissioners created by this Act after their election and qualification. Exclusive jurisdiction of board. SEC. 11. Be it further enacted by the authority aforesaid, That the [Illegible Text] of commissioners of roads and revenues created by this Act shall, at their first meeting in each year, appoint a suitable person in each of the

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militia districts of the county to act as district commissioner, who shall be notified of his appointment by the chairman of the board, and upon his acceptance of such appointment, shall make a bond payable to said board in the sum of $500, conditioned for the faithful performance of his duties in having all the public roads in his district properly worked and kept in good condition, and also for proper disbursements of all monies collected in lieu for labor due on the road of his district and the said district commissioner shall be required to furnish the 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. The district commissioner shall hold his office at the discretion of the board. District commissioners. SEC. 12. Be it further enacted by the authority aforesaid, That each district commissioner 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 district, and shall allot the hands to various roads or sections of roads in his charge and issue and serve written summons on each person in his district subject to road duty and collect the commutation tax 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 the spring working and the amount due for summer working, by each hand so summoned, and when the tax so assessed shall be

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paid; provided, however, no person shall be required to pay or work the summer assessment before July 15th. Overseers and hands. SEC. 13. Be it further enacted by the authority aforesaid, That 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 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, and in that event the nearest and most accessible road hands shall do the repair and shall have credit for the time so spent at the next working. Road work. SEC. 14. Be it further enacted by the authority aforesaid, That no one shall be required to work the roads of said county or to pay any commutation tax until he has reached the age of twenty-one years. Road hands. SEC. 15. Be it further enacted by the authority aforesaid, That the chairman of the board of county commissioners shall furnish each district commissioner a sufficient quantity of blank road summonses and shall provide also suitable blank bonds as required by this Act. Road summonses. SEC. 16. Be it further enacted by the authority aforesaid, That each district commissioner shall receive $1.50 per day, and each road overseer, $1.25 per day, for actual services rendered in the discharge of their duties upon the presentation by them to the chairman of the county commissioners of an itemized statement of the

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number of days' services rendered and sworn to before some judicial officer of the county; said statement shall be rendered not earlier than the first of July and the first of October in each year for payment and if such claims are deemed just by a majority of the board of commissioners, they shall be ordered paid out of the county treasury; otherwise they shall disapprove the claim and notify the claimant of such fact and shall proceed not earlier than five days after such notice, to hear evidence and to determine the justness or unjustness of such claim, and if found to be unjust in whole or in part, the claimant shall be liable for all cost that has accrued in the case. Compensation of commissioners and overseers. SEC. 17. Be it further enacted by the authority aforesaid, That 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 board of commissioners not later than the first day of February in each year which time shall be divided between the spring and summer workings; and all hands so summoned shall be required to pay for work, as stated in his summons, for time required for spring working and for time required for summer working. All commutation tax shall be expended in the district where paid and on the roads of said district. Work days and commutation tax. SEC. 18. Be it further enacted by the authority aforesaid, That it shall be the duty of each overseer to keep the time of the hands in his charge and to report the same to the 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

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to proceed at once to have said defaulter or defaulters summoned to appear before him to show cause why he or they should not be fined or imprisoned, the fine to be in such amount as the board may deem proper or the imprisonment to be in the common jail of the county for such time as the board may deem proper; provided, the defaulter shall have the right to appeal to the board of commissioners of roads and revenues for the county, in which event the district commissioner shall turn over all the papers and names of all witnesses against the defaulter to the board of commissioners who shall proceed to set a time for the hearing, summons witnesses, and to proceed under the law now in force in the trial of road defaulters. Overseers and district commissioners. SEC. 19. Be it further enacted by the authority aforesaid, That it shall be the duty of the commissioners of roads and revenues created by this Act to use all the convicts' labor on the public roads of the county, distributing said labor as equitably and justly over the county as possible. Convict labor. SEC. 20. Be it further enacted by the authority aforesaid, That this Act shall not become operative until it has been submitted to a vote of the people on the first Saturday of October next, the election to be called by the Ordinary of the county and to be held by managers appointed by the Ordinary, and said managers shall hold the election under the same rules as apply to regular county elections and report the ballots cast in the election and the result thereof to the Ordinary, who shall immediately declare the result. Ratification of Act. SEC. 21. Be it further enacted by the authority aforesaid, That in the elections called by this Act all persons

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eligible to vote in the last general election for Governor and other State officers, shall be eligible to vote in these elections. Electors. SEC. 22. 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 August 16, 1909. McINTOSH COUNTY, BONDS OF, FOR ROADS AND BRIDGES. No. 89. An Act to authorize the county of McIntosh to issue bonds in a sum not exceeding sixty thousand dollars for the construction and improvement of public roads and bridges in said county, providing for an election for such 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 county of McIntosh in said State be, and it is hereby authorized and empowered, to issue bonds in a sum not exceeding sixty thousand dollars for the construction and improvement of the public roads and bridges of said county, and for this purpose the commissioners of roads and revenues of said county are hereby authorized and empowered to order an election to determine the question of issuing such bonds. Bonds of McIntosh county for roads and bridges. SEC. 2. Be it further enacted by the authority aforesaid, that in the event the result of such election should be in favor of the issuing of such bonds then said commissioners

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of roads and revenues are fully empowered and directed to provide for the levy and collection of an annual tax on all of the taxable property in said county sufficient in amount to pay the principal and interest on said debt within thirty years from the date of incurring said indebtedness. Tax to pay bonds. SEC. 3. Be it further enacted by the authority aforesaid, That all laws of said State now of force and applicable to elections by counties to determine the question of issuing bonds for any purpose by said counties shall be applicable to and govern the election to be called and ordered under this Act, and as well, the issue, validation and sale of such bonds. And if said election is held during the year 1909, the provisions of the Act approved December 17, 1894, entitled, An Act to provide for the registration of voters in this State, etc.., and the Act amendatory thereto approved December 20, 1897, shall be applicable to and determine the qualifications of those who shall be entitled to vote at said election; provided, that no person shall be entitled to vote at said election who is not qualified to vote under the provisions of the Act approved August 1, 1908, entitled, 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. If the result of such election should be against the issue of such bonds, then said commissioners of roads and revenues shall be authorized to order another election at which the question may be again voted upon; provided, that such election

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shall not be called for a date which shall be less than thirty days from the date of the first election. Ratification of Act. SECTION 4. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenue of said county be, and they are hereby authorized, in the event the result of said election is in favor of the issuance of such bonds, to join with any railroad company in the construction of a bridge across the north branch of the Altamaha River, said bridge to be suitable for a highway bridge as well as a railroad bridge. Bridge across Altamaha River. SEC. 5. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1909. MITCHELL AND THOMAS COUNTIES, SLAUGHTERING CATTLE, ETC. No. 28. An Act to regulate the butchering, dressing and otherwise preparing for market any cattle, goats or sheep in Mitchell county or Thomas 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 authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons to butcher, skin, dress or otherwise prepare for market and consumption any cattle, goats and sheep, within the county of Mitchell or the county of Thomas, said State, unless such butchering, skinning, dressing

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or otherwise preparing such cattle, goats and sheep for market and consumption shall be within an enclosure, or within the curtilage of a dwelling house, the purpose of this Act being to prohibit the slaying, butchering and skinning, dressing and otherwise preparing for market and consumption any cattle, goats and sheep upon the open common or range, within the limits of said counties. Slaughtering cattle, etc., in Mitchell and Thomas counties. SECTION 2. Be it further enacted, That any person who shall violate the provisions of the above Section of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Violation of Act punishable. 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 6, 1909. PUTNAM COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 26. An Act to abolish the board of county commissioners of roads and revenues for the county of Putnam, created by an Act of the General Assembly of Georgia, approved September 8th, 1879, 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 first day of January, 1910, at noon, the board of county commissioners of roads and revenues in and for the county of

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Putnam created by the Act of the General Assembly of Georgia, approved September 8th, 1879 be, and the same is, hereby abolished, and said Act creating the same is hereby repealed. Board of commissioners of Putnam county, repeal of Act creating. That before said Act shall become operative, it shall first be submitted to the qualified voters of Putnam county at an election to be called by the Ordinary of said county, at some date between the first and fifteenth day of September, 1909, and if a majority of votes at said election are cast in favor of said Act, the same shall become operative on and after the first day of January, 1910, at noon. At said election those desiring to vote for said Act shall have written or printed on their votes, To abolish the board of county commissioners, and those desiring to vote against the Act, shall have written or printed on their votes, Not to abolish the board of county commissioners. Said election shall be held as now provided by law except that the returns thereof shall be made to the Ordinary of said county and said Ordinary shall declare the result of said election. Ratification of this Act. 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, 1909. PUTNAM COUNTY, COMMISSIONER OF ROADS AND REVENUES FOR. No. 58. An Act to create the office of commissioner of roads and revenues in and for Putnam county; provide the methods of the election of such officer; prescribe his

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duties and powers; fix his salary and term of office; 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 the authority of the same, That the office of commissioner of roads and revenues in and for Putnam county, said State, is hereby created. Said commissioner shall be elected at an election to be held on the first Wednesday in November, 1909, and thereafter at the regular election for county officers in October, 1910, and at the regular election for county officers every two years thereafter, and said election shall be conducted in the same manner as elections for other county officers are held; and the said commissioner so elected shall after qualification enter upon the discharge of his duties on january 1, 1910, and shall hold said office for the term of one (1) year, and until his successor is elected and qualified. Persons eligible to 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 be governed by the same rules and regulations and qualifications, as to voters, as apply to the election of clerks of the Superior Courts. In the interim the Ordinary of said county shall perform all the duties of said office and assume all of the responsibilities of the said commissioner, and receive the same compensation, at the same rate as said commissioner, to be pro rated as to the length of time he shall serve. A commissioner of roads and revenues for Putnam county. SEC. 2. Be it further enacted by the authority aforesaid, That the commissioner, as herein provided, shall be commissioned by the Governor of said State for the

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term of office 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 a solvent bond in a solvent surety or guarantee company, 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 ten thousand ($10,000.00) dollars, conditioned for the faithful performance of his duties as such commissioner. Oath and bond. SEC. 3. Be it further enacted by the authority aforesaid, That said commissioner shall have exclusive jurisdiction over all county matters, and shall be invested with all powers and duties as to the revenues of Putnam county in levying and collecting taxes, over revenues of the county, and in disposing of said taxes and revenues, which have been heretofore legally exercised by said board of commissioners of roads and revenues of the county of Putnam. Said commissioner shall have exclusive jurisdiction and control over all county property and all roads and bridges in the county, and shall be charged with the duty of maintaining and keeping the same in proper condition, and shall be vested with all the powers and charged with all the duties required of county authorities as prescribed by law in reference thereto. He shall have exclusive jurisdiction over all subject matters enumerated in Section 4238 of the Civil Code of this State of 1895, and shall be vested with all other powers and duties conferred by the laws of this State upon Ordinaries, when sitting for county purposes, and such as are conferred generally upon county authorities. Jurisdiction. SEC. 4. Be it further enacted by the authority aforesaid, That said commissioner shall hold a regular court

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for the transaction of the public business of the county connected with the county matters in the court house in Eatonton, in said county, on the first Tuesday in each month, or at such other times as he may fix and determine by proper order passed and entered upon his minutes. He shall keep or have kept, accurate minutes of all county matters transacted by him, and shall keep or have kept, proper and correct books of accounts of all public money received and expended under his direction, showing sources from which all such monies are received and for what purposes expended. Such books shall be at all times subject to inspection by any citizen as other public books and records. He shall publish monthly in the newspaper published in said county in which the legal advertisements are published an itemied statement of all money received and expended by him during the month just preceding publication and the sources from which received and the purposes for which expended, the expenses for such publication to be paid out of the county treasury. He shall have power to administer oaths and hear testimony as to matters over which he has jurisdiction, and when sitting as a court shall have power to punish for contempt under the same rules and regulations as are provided for other courts. Commissioner's court. SEC. 5. Be it further enacted by the authority aforesaid, That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $1,500.00 per annum for his services, to be paid monthly at the end of each month's service. He is authorized to employ a superintendent of roads, bridges and labor, who understands drainage and road building, and such overseers and other employees as may be necessary for the best interest of the county, for the purpose

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of maintaining and working the roads and public property of the county, and shall fix the compensation of such persons at such reasonable sum as he may think proper, except as otherwise provided by law. This commissioner shall be required to give his undivided attention and his time to the duties of his office. Salary of commissioner. Superintendent. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioner shall make a report to the grand jury at each regular session of the Superior Court of Putnam county, and shall accompany such report with an itemized statement of his receipts and expenditures, and the sources from which received, and the purposes for which expended and the vouchers therefor and also the number of persons who have paid the commutation tax, and the amount of money received from all persons as commutation tax, and the number of persons subject to road duty who have worked out their time on the roads, and the number of persons subject to road duty who have neither worked their time on the road nor paid the commutation tax, and what steps, if any, are taken to enforce these duties. Reports of commissioner. SEC. 7. Be it further enacted by the authority aforesaid, That all duties heretofore imposed upon the board of commissioners of roads and revenues in the county of Putnam, and all of the privileges granted to said board, shall be, and the same are, hereby conferred upon the said commissioner. Duties and powers. SEC. 8. Be it further enacted by the authority aforesaid, That before said Act shall become operative it shall first be submitted to the qualified voters of Putnam county, at an election to be called by the Ordinary of said county at some date between the first and fifteenth

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day of September, 1909, and if a majority of the votes at said election are cast in favor of said Act the same shall become operative from the date of said election. At said election those desiring to vote for said Act shall have written or printed on their votes, For one commissioner, and those desiring to vote against said Act shall have written or printed upon their ballots, For three commissioners. Said election shall be held as now provided by law except that the returns thereof shall be made to the Ordinary of said county, and said Ordinary shall declare the result of said election. Ratification of this Act. SEC. 9. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1909. RABUN COUNTY, FISHING IN LITTLE TENNESSEE RIVER. No. 210. An Act to prohibit fishing in Little Tennessee River and its tributaries in Rabun county, Georgia, in any other way than with hook and line; to prescribe the penalty for the 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 from and after the passage of this Act it shall be unlawful for any person or persons to fish in Little Tennessee River and its tributaries in Rabun county, Georgia, in any other way than with hook and line. Fishing in Little Tennessee River.

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SEC. 2. Be it further enacted by the authority aforesaid, That any person or persons violating his Act shall be guilty of a misdemeanor and shall be punished as prescribed in Section 1039 of the Penal Code of Georgia of 1895. Violation of Act punishable. 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 is, hereby repealed. Approved August 14, 1909. STEPHENS COUNTY, COMPENSATION OF ORDINARY. No. 51. An Act to fix the compensation of the Ordinary of Stephens county for attending to matters pertaining to roads and revenues in said county, to provide for the payment of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the Ordinary of the county of Stephens shall be, and he is, hereby made county road superintendent. As such, in addition to the duties already required of him by law in connection with roads and revenues, he shall superintend the working, repairing and building of roads by the convicts. As full compensation for his services as road superintendent, and his services in connection with roads and revenues, he shall be paid the sum of eight hundred dollars per annum from the county treasury of said county in monthly payments. Ordinary of Stephens county made road superintendent.

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SEC. 2. Be it further enacted, That the treasurer of said county shall pay said compensation on warrants drawn by said Ordinary on said treasurer from funds raised for said purposes as herein provided. Compensation, how paid. SEC. 3. Be it further enacted, That the said Ordinary when levying county taxes shall assess so much with the other county taxes as will pay the said compensation for said Ordinary as provided by this Act. Tax assessment. SEC. 4. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved August 9, 1909. SPALDING COUNTY, REMOVAL OF SAND, ETC., FROM ROADS OF. No. 162. An Act to prohibit the removal of any sand or dirt from the public roads of Spalding county, or drain ditches along the side thereof, except by express authority of the board of county commissioners of said county, to provide a penalty for violation 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 from and after the passage of this Act, it shall be unlawful for any person to remove any sand or dirt from the public roads of Spalding county, or the drain ditches along the sides thereof, except by express authority of the board of county commissioners of Spalding county. Removal of sand etc. from roads in Spalding county.

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SEC. 2. Be it further enacted by the authority of the same, That any person who shall violate the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction, shall be punished as prescribed in Section 1039 of Volume 3 of the Code of 1895. Violation of this Act punishable. 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, 1909. STEWART COUNTY, COMPENSATION OF OFFICERS OF COURT. No. 160. An Act to require the board of commissioners of roads and revenues of Stewart county to pay to the officers of the Superior Court of Stewart county and the city court of Lumpkin a reasonable compensation for convicts turned over by said officers from said courts to work on the public roads of said county, to provide for the payment of costs to officers of 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 from and after the passage of this Act, the board of commissioners of roads and revenues of Stewart county, shall pay the officers of the Superior Court of said county of Stewart and the officers of the city court of Lumpkin, in all criminal cases where bills of indictments are drawn or accusations

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drawn in the city court, their legal costs, out of any funds in the hands of the treasurer of said county of Stewart for the General fund of the county. Court costs in criminal cases in Stewart county, how paid. SEC. 2. Be it further enacted by the authority aforesaid, That all the money arising from fines and forfeitures be paid by the sheriff or solicitor immediately over to the treasurer of the county of Stewart, and that said officers, including the sheriff, the clerk of the said Superior and city courts the solicitor of the city court of Lumpkin, the solicitor of the Superior Court of said county of Stewart, and also the constables and justices of the peace of said county of Stewart, shall not share or have any pro rata in the insolvent costs arising from fines and forfeitures, but that they shall be paid their actual cost in each case, where any bill of indictment is drawn in the Superior Court or accusation drawn in the city court of Lumpkin, when the person indicted or accused is convicted. Fines and forfeitures. 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, 1909. STEWART COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 142. An Act to amend an Act entitled, An Act to create a board of commissioners of roads and revenues in the county of Stewart, approved December 18, 1888, by changing the existing method of electing such commissioners by the qualified voters of said county, and

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to prescribe their term of office and qualification, the time and manner of electing such commissioners; and to provide for the election of successors to the present members of the board of commissioners of roads and revenues and to provide for the filling of vacancies on said board of commissioners, by appointment of the judge of the Superior Court of the Southwestern Circuit, to fill any and all vacancies until the next general election in this State, after said vacancy occurs, and to require said board of commissioners of roads and revenues to publish in the months of June and December of every year in the paper in which the legal advertisements for said county of Stewart are published, an itemized statement of all monies received and expended by said board of commissioners during the months preceding said publication, the sources from which received and the purpose for which expended, 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 Georgia, and it is hereby enacted by authority of the same, That an Act to create a board of commissioners of roads and revenues in the county of Stewart, approved December 18th, 1888, be amended by striking out all of Section one and two of said Act, and substituting therefor, the following words: 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 the county of Stewart in this State, a board of commissioners of roads and revenues to consist of five persons, to be elected as follows:

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At the next general election in this State there shall be elected two commissioners of roads and revenues, to succeed the present encumbents, T. F. Carter and W. E. Fitzgerald, and whose term of office shall be four years from the time of the election and qualifications, and every four years thereafter, two commissioners shall be elected, as hereinafter provided, for a term of four years. At the general election in 1912, three commissioners of roads and revenues shall be elected for a term of four years, and until their successors are elected and qualified, and every four years thereafter three commissioners shall be elected, as herein provided, so as to prevent the terms of office of all of said commissioners from expiring at the same time. It shall be the duty of the election managers of the general election, when said commissioners by the terms of this Act are to be elected, to certify to the Ordinary of said county of Stewart, the results of such election, and the name of the candidate for commissioner securing a majority of all the votes cast at such election and thereupon, each of the candidates shall qualify by taking and subscribing before the Ordinary of Stewart county, in addition to the oath required of all civil officers, an oath that he will well and faithfully, to the best of his skill, knowledge and ability, discharge the duties of said office, and said term of office of such commissioner so elected shall commence from the time of taking said oath of office, and whose term of office shall expire when his successor is elected and qualified by taking the oath of office as herein provided. Said commissioners are exempt from militia and road duty, and shall not be competent as a juror in any court during their term of office. Should a vacancy occur in said

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board, the judge of the Superior Court of the South-western Circuit shall fill said vacancy by appointing a suitable person to fill the vacancy in said board of commissioners to hold said office until the next general election after said vacancy occurs. 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 Stewart county. Stewart county, board of commissioners, Act creating amended. Election of Commissioners. SEC. 2. Be it further enacted, That said board of commissioners of roads and revenue shall publish in the months of June and December of every year in the newspaper in which the legal advertisements for said county of Stewart are published, an itemized statement of all monies received and expended by said board of commissioners during the months preceding the last publication, the sources from which received and the purpose for which the said monies were expended. And it shall also be the duty of said Board of Commissioners to keep their books properly indexed, and said books shall at all times be subject to inspection by any citizen of said county, and for a violation of this Act the members of said board shall be guilty of a misdemeanor, and upon indictment and conviction, shall be fined not less than fifty dollars, not more than two hundred dollars. Publications by commissioners. 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, 1909.

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TELFAIR COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 10. An Act to repeal an Act approved October 21st, 1889, and the amendment thereto, Georgia Laws 1908, providing for the creation of a 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. 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 approved October 21st, 1889, and the Acts amendatory thereof, Georgia Laws 1908, providing for the creation of a 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 to pay the officers employed by them, as well as the Acts amendatory thereof, Georgia Laws 1908, be, and the same is, hereby repealed. Telfair county, board of commissioners 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 is, hereby repealed. Approved July 31, 1909. TELFAIR COUNTY, COMMISSIONER OF ROADS AND REVENUES FOR. No. 11. An Act to create the office of commissioner of roads and revenues for the county of Telfair, this State, to provide for an appointment to fill said office until

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January 1st, 1911, and to provide for an election to fill said office thereafter, to prescribe the qualifications, duties and powers of such officer, to 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 Telfair shall be, and is, hereby created. Telfair county, a commissioner of roads and revenues for. SEC. 2. Be it further enacted by the authority aforesaid, That A. L. Ryals, a citizen of said county, be and he is hereby appointed the commissioner of roads and revenues in and for said county, his term of office to begin on and after the passage of this Act, and to continue until January the first, 1911, or until his successor in office shall be elected and qualified as hereinafter provided. That from the qualified voters of said county there shall be elected every four years a commissioner of roads and revenues for said county, the first election for such officer to be held at the next general election held for the election of county officers for said county on the first Wednesday in October, 1910, and whose term of office shall begin on the first day of January, 1911, continue for four years and until his successor shall be elected and qualified. That the term of office for such officer shall be four years. Appointment. Election of successor. SEC. 3. Be it further enacted by the authority aforesaid, That should there be a vacancy in said office at any time from death, resignation, removal from the county, or other cause, the Ordinary or said county shall order an election to fill such vacancy for the unexpired term, notice of which election shall be given twenty days prior

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to the date set for the same to be held, in the newspaper wherein the sheriff's advertisements are published, which election shall be held as elections for county officers, and until the vacancy is filled, said Ordinary shall perform the duties of such commissioner. Election to fill vacancy. SEC. 4. Be it further enacted by the authority aforesaid, That before entering upon the discharge of his duties, said Commissioner shall give bond and surety, same to be approved by the Ordinary of said county, payable to the Governor of Georgia and his successors in office the sum of five thousand dollars, conditioned for the faithful discharge of the duties of his office and to account for all monies 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, truly and faithfully discharge the duties of commissioner of roads and revenues for the county of Telfair, during my continuance in office, according to law, to the best of my knowledge and ability, without favor or affection to any person, firm or corporation. So help me God. Bond of commissioner. Oath. SEC. 5. Be it further enacted by the authority aforesaid, That said commissioner of roads and revenues for the county of Telfair, shall have original and exclusive jurisdiction over all the subject matter 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 levying and collection of road taxes, commutation taxes, and the working of public roads, and the building of bridges, and the appointment and employment of such persons for specific purposes appertaining

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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. Provided, however, that such commissioner of roads and revenues shall not purchase materials, supplies or other articles of necessity from any relative of his either by blood or marriage either within the fourth degree of consanguinity or affinity, and he shall not appoint, employ, or contract with any person to do or perform labor, building or other thing, who shall be related to him within the fourth degree of consanguinity or affinity. Jurisdiction. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioner of roads and revenues shall sit specially as a court for county purposes on the first Mondays and first Tuesdays in each month and for the exercise of such other powers as he has a quasicorporation, contra-distinguished from his power as a court, and he shall also keep his office open on 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, and ride over and personally inspect all the public roads and bridges in the county at least once in every six months; he shall supervise and, so far as practical, superintend and direct the work on, and those in charge of the working of, the public roads and bridges, building and repairing in said county. Commissioners' Court. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioner of roads and revenues

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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. He shall also keep a book in which he shall record in itemized form all articles or things of whatever kind purchased by him for the use and consumption of by any department of the county government, giving the name of the article, from whom purchased, and the price paid therefor, date when purchased, and for the department purchased and used. He shall also keep a cash book in which he shall daily enter any item of cash received by him, from whom received, and for what purpose received, and he shall enter item by item, all amounts of cash paid out by him, to whom paid, and for what purpose paid, which book shall be by said commissioner of roads and revenues balanced monthly. And he shall at least once in every three months make up an itemized report of all his receipts and disbursements for each and every department of the county's government showing the expense of each department, and publish the same in the official organ of the county, unless some other paper in the county, or having a general circulation in the county, will do the publishing cheaper, that the people of the county may see just what expense the county has to pay. He shall also at least once in every three months publish a detailed report of the amount of work, its quality, and on what roads the same was done on, done on the public roads in the county. Books, how kept. Publication of reports. SEC. 8. Be it further enacted by the authority aforesaid, That the taxes ad valorem, and the commutation

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taxes levied and collected in the county of Telfair, for road purposes shall annually be prorated among the several militia districts in said county, each district to have the money raised in such district, and same to be appropriated for work on the public roads of said district the full amount of the taxes ad valorem levied, and commutation collected in each district for the purpose of working, opening and repairing the roads of said district in each year hereafter. That work shall be done on the roads of each district in said county in accordance with the monies raised for such district and for such purposes, and shall not be otherwise appropriated. Distribution of taxes to districts. SEC. 9. Be it further enacted by the authority aforesaid, That in case of the disqualification of said commissioner in any manner or matter that may come before him, the Ordinary of said county shall have power and authority to act in his place and stead. Disqualification of commissioner. SEC. 10. Be it further enacted by the authority aforesaid, That said commissioner of roads and revenues shall receive for his services as such the sum of twelve hundred dollars per annum, to be paid monthly out of the treasury of said county. Salary of commissioner. 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 July 31, 1909.

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TELFAIR COUNTY, SALE OF NEAR BEER, ETC., PROHIBITED. No. 174. An Act to make unlawful the sale of near beer, and all imitations of beer, or malt, or any similar beverage or tonic within the limits of the county of Telfair, and to fix the penalty therefor, 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, it shall be unlawful for any person, firm, or for any agent or employee of any corporation to sell Near Beer, Malt Tonic, Malt Mead, Acme Brew, Bud, White Top, Augusta Brew, Red Buck Ale, Wurtzburger Malt Tonic. Malt, or any similar drink or beverage, of like kind, or any substitute for any imitation beer, or intoxicating liquors within the limits of the county of Telfair. Provided, that neither the fact of the passage of this Act nor anything herein contained shall ever be held or construed to mean or imply that any alcoholic or malt liquor can now be lawfully sold in Georgia. Telfair county, sale of nearbeer, etc., prohibited. SEC. 2. Be it further enacted by the authority aforesaid, 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 Georgia Code of 1895. Penalty. 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, 1909.

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TOOMBS COUNTY, ROADS AND BRIDGES. No. 209. An Act to amend An Act to provide for the working of public roads, and the building and repairing of bridges in the county of Toombs; to authorize the Ordinary, county commissioners, or whoever may have charge of the county affairs of said county, to appoint a road superintendent of public roads and bridges, and overseers, and to fix their qualifications, compensation, and define their power and duties; to provide who shall be subject to road duty and commutation tax in lieu of work; and to provide for the punishment of defaulters and delinquent officers; to provide for levying a tax for road purposes, to authorize the proper authorities to purchase, hire or rent all machinery, implements, stock, tools and other things necessary for the working of said public roads and bridges, and repairing the same, and for other purposes, approved August 19, 1907, so as to provide for the exercise of the powers now exercised by the Ordinary of said county by a board of commissioners of roads and revenues, payment of salaries to certain officers herein specified, deposit of monies in bank and statements to be made by the board of commissioners of roads and revenues, Ordinary or others in authority, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That Section 1 of said Act shall be amended by inserting after the word the in the second line of Section 1 of said Act, and before the word Commissioners in the third line of said Section the word board, so that said Section when amended shall read

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as follows: Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the board of commissioners of roads and revenues, or the Ordinary, or the county judge, as the case may be, or such other officer as now has control of the county matters, or may hereafter have control of the county matters, of the county of Toombs, shall have the sole right, power and authority to lay out, open, change or discontinue public roads, and sole management of the working of said roads; and said authorities shall have the right and authority to appoint a superintendent of the public roads, and also to appoint any and all overseers, guards and officers that may be required to carry out the provisions of this Act. Toombs county, public roads, how opened and maintained. SEC. 2. Be it further enacted by the General Assembly of the State of Georgia, That Section 2 of the Act above referred to, approved August 19th, 1907, be amended by striking out the words to the superintendent in the last line of Section 2 of said Act, and insert in lieu thereof: to the Ordinary or other authorities, as the case may be. Also strike the word his in the last line of Section 2 of the above recited Act and insert in lieu thereof, the word their, so that said Section when amended shall read as follows: Be it further enacted by the General Assembly of the State of Georgia, That it shall be the duty of the superintendents so appointed as above provided, to superintend and have a general supervision of all the public roads and bridges in said county of Toombs, and to assist the Ordinary, or whoever may have charge of the county affairs of said county of Toombs, in the management of said public roads and bridges, and he shall be subject to the direction of the

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Ordinary or county authorities in the management of the building and repairing of public roads and bridges of said county. It shall be the duty of the Ordinary or county authorities, with the assistance of said superintendent so appointed, to appoint a road overseer in each militia district, whose duty it shall be to give notice to all persons subject to road duty, and to oversee the work of the public roads and to collect the commutation tax as hereinafter set forth, to pay the same over to the Ordinary or other county authorities, and to take their receipt therefor. Road superintendents and overseers. SEC. 3. Be it further enacted, That the above recited Act, known as the Public Road Law of Toombs County, approved August 19, 1907, be amended by striking from said Act all of Section 3 of said Act, and inserting in lieu thereof the following: That every male citizen of the county of Toombs between the ages of twenty-one and fifty years of age, shall be subject to road duty; except those who are physically or mentally disabled, also ministers of the Gospel who are serving regularly one or more churches, or those citizens residing within the corporate limits of a town or city, and they shall be required to work on the public roads of Toombs county for the term of six days of each year, or pay to the overseer or other person designated by the county authorities, the sum of 50 cents per day for each day they are required to work. The board of commissioners of roads and revenues of Toombs county, or Ordinary, shall give notice of the date appointed for the collection of the commutation tax, in which notice they shall specify the time, place and party to whom it shall be paid, which notice shall be inserted in the official organ or county paper of the county of Toombs, at least four

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times before the date on which the time shall expire for the payment of said tax. The payment of said tax shall be divided into two payments, the first to be collected on or before the second and fourth Saturdays in March of each year, and the second payment on or before the second and fourth Saturdays in September of each year. Road work or commutation tax. SEC. 4. Be it further enacted, That the above recited Act known as the Public Road Law of Toombs County, approved August 19th, 1907, be amended by striking from said Act, all of Section 4 of said Act, and inserting in lieu thereof, the following: It shall be the duty of the superintendent of the public roads of Toombs county, with the assistance of the county commissioners or other authorities and road overseers to secure a list of all persons subject to road duty in each district in the county of Toombs, and furnish a copy of said list to the overseers of their respective districts on or by the first day of March and September of each year. It shall be the duty of each overseer in each district in the county of Toombs to summon all parties who have failed to pay the commutation tax, and who are subject to road duty, to appear and work said roads at such time and place as may be designated by the overseer in each district, at least three days in the spring and three days in the fall of each year. Said hands shall be required to perform a faithful day's work of at least ten hours, and on failure so to do, shall be regarded as a defaulter, just as if he had not appeared to work at all. The party collecting the commutation tax from any citizen shall issue to him a receipt for same and the overseer working the hands after the performance of labor shall deliver to the party a

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receipt for the number of days worked, and shall also file with the county commissioners or ordinary, a list of all the hands worked by him every six months. The party collecting the commutation tax shall keep a stub of all receipts issued, in which shall be kept the name of the party from whom the tax is collected, and the date on which it was collected, the amount collected, the militia district in which the party resides, and designate whether the party is white or colored, and shall file said stub with the board of commissioners of roads and revenues, Ordinary or other authorities. No person subject to road duty shall be required to work or pay any further commutation tax, except in cases of emergency, in which event the overseer under the direction of the board of commissioners of roads and revenues or other authority, is hereby authorized to summon hands living in the vicinity or district in which such emergencies do arise, and do such work as is necessary to repair the same, and put the roads or bridges in suitable condition for travel; provided, however, that if there be any road funds to the credit of the particular district where such emergencies arise, the board of commissioners of roads and revenues is hereby authorized to contract said work to the lowest bidder. All bids shall be submitted in writing to the board of commissioners of roads and revenues, Ordinary or other authorities, who shall keep them on file, and upon the payment of said contract, said county authorities shall require the proper receipt from the contractors, which receipt shall remain on file with the bid. Road hands. Contract work. SEC. 5. Be it further enacted by the authority aforesaid, That the above recited Act, known as the Public Road Law of Toombs County, approved August 19th,

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1907, be amended by striking all of Section 5 of said Act, and inserting in lieu thereof the following: That the board of commissioners of roads and revenues, or whoever may have charge of the county affairs, shall fix and levy a tax, additional to any now authorized by law, which shall be denominated a road tax, which shall not exceed 25 cents on the $100.00, on all the taxable property of the county of Toombs, which fund so raised, with the commutation tax heretofore provided for, shall be known as the Public Road and Bridge Fund of the county of Toombs, and shall be used and expended for the purpose of paying salaries, wages and other necessary expenses thereto attached, as hereinafter provided, and for working, building, improving and repairing the public roads and bridges, and hiring, purchasing and renting all necessary machinery, implements, tools and stock necessary for the building, working and repairing of said roads and bridges. Said public road fund shall be paid over to the board of commissioners of roads and revenues or other authorities in charge of the county affairs, by the tax collector, and any person that may be designated by the board of commissioners of roads and revenues, Ordinary or other authorities, to collect commutation tax, and they shall take receipt for same. They shall furnish said board of commissioners of roads and revenues or other authorities at the time of paying in said fund, a statement showing the amount collected from each militia district in the county of Toombs. And it shall be the duty of said board of commissioners of roads and revenues or others in authority of the county matters, to keep a book showing the amounts received, from what sources received, and from what district; and they shall also keep a book of

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accounts of all money paid out by them, and to whom paid, and in what district was expended, and for what purpose. It shall be the duty of said board of commissioners of roads and revenues or whoever may have charge of the county affairs, to have published in the paper publishing the legal advertisements of the county, semi-annual statements of receipts and disbursements up to the first day of January and July of each year. Said statements of receipts and disbursements shall be full and complete, showing from what sources received and for what expended, from what district received and in what district expended; and the balance on hand to the credit of each district. Said statement shall be sworn to by the chairman of the board of county commissioners or county authorities in charge of the county affairs, before an officer authorized to administer oaths, which statement shall be by the chairman of the board of commissioners or other parties in charge of the county affairs placed in the hands of the foreman of the grand jury of the Superior Court of Toombs county at the convening of each session in August and February of each year. And it shall be the duty of the grand jury of the county of Toombs to examine the condition of the roads and bridges of the county, and to investigate the correctness of the statement submitted by the board of commissioners of roads and revenues, Ordinary, or other authorities, and the books kept by them, and the receipts taken by the different officials having charge of said county affairs, and shall make a report of their findings. Road tax. Publication of receipts and disbursements. SEC. 6. Be it further enacted, That the above recited Acts known as the Public Road Law of Toombs county, approved August 19, 1907, be amended by striking

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from said Act all of Section 6 of said Act, and inserting in lieu thereof the following: That the public road fund accruing from the special road tax and from the commutation tax shall be expended by the Ordinary, board of commissioners or other county authorities in charge of said funds in each militia district of said county in proportion to the amount received from each militia district, and not otherwise, and the work of the convicts shall be apportioned in each district in proportion to the taxes paid by each district, so that each district shall have the benefit of its pro rata part of the public road fund and convict labor. Where and how said roads shall be worked in each district shall be entirely in the discretion of said authorities. Said authorities shall have the further authority to hire or purchase all stock, tools, machinery or other implements necessary for the working, building or repairing of said bridges and roads, and to pay for the same. Road fund, how distributed. SEC. 7. Be it further enacted by the General Assembly of the State of Georgia, That Section 9 of the Acts approved August 19th, 1907, above referred to, be amended by striking out all of Section 9 of said Act and inserting in lieu thereof the following: The compensation to be paid to the superintendent of the public roads of Toombs county shall be such an amount as agreed to by the Ordinary, board of county commissioners of roads and revenues, or other authorities as have charge of the county's affairs; but in no case shall said amount exceed the sum of nine hundred dollars ($900) per annum, or seventy-five dollars ($75.00) per month. Each overseer appointed for each militia district in said county shall receive as compensation the sum of two dollars ($2.00) per day for the time actually used

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in collecting the commutation tax, and work done in summoning road hands and overseeing work on public roads. It shall be the duty of each overseer in each militia district to summon all parties who have failed, neglected or refused to pay their commutation tax immediately after the time for paying said tax has expired, and work them, in not more than two squads in each militia district, so that there will not be more than six days consumed by the overseer working defaulters in each district. Provided, however, that all overseers working less than four hands, shall be required to work themselves, the same as other hands do. Compensation of superintendent and overseers. SEC. 8. Be it further enacted, That the above recited Act approved August 19, 1907, be amended by striking out all of Section 10 of said Act and inserting in lieu thereof the following: The terms of office of superintendent of public roads of said county shall be two years, unless removed sooner by the authority making the appointment, who are hereby authorized to do so for cause. The term of each overseer in each district shall be for two years, unless sooner removed by the county authorities for cause. The superintendent of public roads is hereby required to give a good and sufficient bond to the Ordinary, board of county commissioners of roads and revenues or other authorities having charge of the county's affairs, and their successors in office in the sum of one thousand dollars ($1,000) for the faithful discharge of his duties, which bond shall be approved by the county authorities, before he enters upon the discharge of his duties; and each road overseer in each district shall give bond in the sum of two hundred and fifty dollars ($250) for the faithful discharge of his duties as road overseer, which bonds shall be

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approved by the county authorities appointing said parties; all of which bonds shall be recorded in the Ordinary's office of said county. Terms of office and bonds of superintendent and overseers. The Ordinary, board of commissioners of roads and revenues, or other authorities into whose hands the road funds come, shall give a good and sufficient bond in the sum of five thousand dollars ($5,000) for the faithful accounting for all funds coming into his or their hands, which bond shall be approved by the clerk of the Superior Court of the county of Toombs, or the grand jury of said county, and filed in the clerk's office of said county and recorded. Bonds of commissioners. SEC. 9. 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 known as the Toombs County Public Road Law, approved August 19, 1907, be amended by striking from said Act all of Section 11, and inserting in lieu thereof the following:. It shall be the duty of the board of commissioners of roads and revenues, the Ordinary or other parties in charge of the county's affairs, to keep all the public road funds belonging to Toombs county deposited in whichever bank in Toombs county that will pay the best rate of interest on the daily balances of said county funds; said board of commissioners or other authorities having charge of the county's affairs shall be the sole judge of the responsibility of said depository, provided, however, that said authorities can receive bids for said deposits from banks without the county. Road fund, custody of. SEC. 10. 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 the above recited Act approved August 19, 1907, be amended by striking from said Act all of Section 13 of said Act and inserting in lieu thereof the following: That the superintendent of public roads of Toombs county shall with the assistance and approval of the board of commissioners of roads and revenues, Ordinary or other authorities who may have charge of the county's affairs, be authorized to hire hands to work the public roads and let out by contract to the lowest bidder, work upon the public roads and bridges of said county, either by day or contract labor; if by contract, bids shall be received in writing after sufficient notice has been given in the official organ of said county or otherwise, notifying the public that after a stated time bids would close for such contract; said bids shall be filed with the Ordinary or other county authorities, together with the contract. Said officials shall have the further authority, and it shall be their duty to employ a civil engineer to survey public roads, make maps and profiles and estimates of the work of building and repairing roads, and pay for same. Roads, how worked. SEC. 11. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act approved August 19, 1907, be amended by adding another Section, to be known and designated as Section 14, and that Section 14 shall be changed to Section 15, which Section shall read as follows: It shall be the duty of the superintendent of public roads and bridges of Toombs county to make a monthly report to the authorities having charge of the county affairs; in which report he shall state fully what roads have been worked in each district in the county during

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that month; what has been the cost of the same; what bridges have been repaired or built and the cost of same; what supplies and materials have been purchased, who from and what price paid. It shall be the duty of superintendent or county authorities in purchasing the material or supplies, to use their best judgment and purchase them at the lowest price possible, and whenever it is possible, to advertise for bids and purchase said material and supplies from the parties making the lowest bid. It shall be the further duty of the county authorities having charge of the county matters, that whenever for any reason they have failed to have the public roads or bridges repaired or worked in any district in said county within six months, it shall be their duty to let out by contract the repairing of said roads and bridges to the lowest bidder, whenever there is any funds to the credit of said district. It shall be the further duty of the county commissioners, or other authorities to spend at least four days in each month inspecting the said public roads and bridges of said county, for which service he or they, as the case may be, shall be paid the sum of three dollars ($3.00) per day, provided, however, that this service shall only be rendered in the district where the road machine or convicts are at work, or work is being done in a district by contract; provided, further, that if the Ordinary has the general control of roads and revenues, he shall be paid the sum of $120.00 per annum for keeping the records, making semi-annual reports and other services not herein mentioned. Reports of superintendent. Inspection. SEC. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with

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the provisions of this Act shall be, and the same are, hereby repealed. Approved August 14, 1909. TURNER COUNTY, COMMISSIONERS OF ROADS AND REVENUES. No. 82. An Act to amend an Act approved August 14th, 1908, entitled An Act to create a board of commissioners of roads and revenues for Turner county, so as to provide for a vice chairman of said board. 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 approved August 14, 1908, be, and the same is, hereby amended by adding another Section to said Act to be known as Section 10, said Section to read as follows: That said board of commissioners shall elect from their body a vice chairman, whose duty it shall be to preside over said board in the absence of the permanent chairman at any meeting of said board, and to exercise all the powers conferred on the chairman in the original Act, during his absence from the State or county. Turner county; vice chairman of board of commissioners. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 11, 1909.

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WARE COUNTY, BONDS OF, FOR ROADS, ETC., AUTHORIZED. No. 54. An Act to authorize the county of Ware to issue bonds for the purpose of building public roads, bridges, drains, canals, school buildings, and a jail, in the said county, and for other public purposes; to assess, levy and collect taxes upon all the property in said county, for the purpose of paying the principal and interest upon said bonds; to provide for the sinking fund, 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 county of Ware in the said State be, and it is hereby authorized and empowered to issue bonds for any of the following purposes, to-wit: For building public roads, bridges, drains, canals, school buildings, and a jail, in said county, and for any other public purpose. Ware county; bonds for county purposes. SEC. 2. Be it further enacted, That before any bonds of said county shall be issued for any of the foregoing purposes, the board of commissioners of roads and revenues of said county shall by appropriate order entered upon its minutes, direct and order that such bonds shall be issued, and shall specify the purpose and amount of such series or issue of bonds, the rate of interest they are to bear, how much principal and interest to be paid annually, when to be fully paid off, and place of payment, and other terms, provisions and details thereof, (all of which matters said board shall have the right to fix and determine according to their best discretion), and shall also in said order call and provide for the

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holding of an election on the subject and for published notice thereof, as provided by the Constitution and laws of the State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one, or more, or all of the above stated purposes, as deemed expedient by said board; provided, always, that the limit of the total bonded indebtedness of said county as fixed by the Constitution of the State shall never be exceeded. How issued. SEC. 3. Be it further enacted, That should two-thirds of the qualified voters of said county vote in favor of issuing bonds at any election called by said board as hereinbefore provided, then and in such event said board of commissioners shall, at and before the time of issuing the bonds authorized by said election, provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all the property of said county subject to taxation sufficient in amount to pay the principal and interest of such bonds, and shall also provide a sinking fund and for the proper handling and disposition of same so as to pay off the principal of such bonds at their maturity, should such sinking fund be necessary in view of the time of the maturity of the bonds so issued. Tax to pay bonds. SEC. 4. Be it further enacted, That when all the provisions of this Act and of the laws and Constitution of the State upon the subject of the issuance of bonds shall have been complied with, any and all of the bonds and issues and series of bonds issued under the provisions of this Act shall become obligatory and binding upon said county and its tax payers, with all the qualities of commercial paper. Lien of bonds.

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SEC. 5. Be it further enacted, That said board of commissioners of roads and revenues of said county of Ware are hereby authorized to negotiate and sell any of the bonds or series of bonds issued under the provisions of this Act, and to use the proceeds of such bonds when sold for the purpose of constructing the public works or accomplishing the public purposes for which they are issued respectively, and it shall be unlawful for such proceeds to be used for any other purpose. Sale of bond and application of proceeds. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and same are, hereby repealed. Approved August 9, 1909. WARE COUNTY, SALE OF NEAR BEER, ETC., PROHIBITED. No. 198. An Act to make unlawful the sale of Near Beer and similar beverages within the limits of the county of Ware, to fix the penalties 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, firm or corporation to sell Near Beer, Malt Mead, Acme Brew, Bud, or Red Buck Ale, or any similar drink or beverage, or any substitute for or imitation of beer or intoxicating liquors, within the limits of the county of Ware; provided, however, that neither the

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fact of the passage of this Act nor anything herein contained shall ever be taken or construed to mean or imply that the sale of any malt or alcoholic drink is now lawful in Georgia. Ware County; sale of near-beer, etc. 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. Penalty. 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, 1909. WALTON COUNTY, REMOVAL OF OBSTRUCTIONS FROM STREAMS. No. 197. An Act to provide for the removal of obstructions of all kinds, other than rock and sand-bars and dams used for operating mills or machinery of any kind, from the creeks and other running streams, except rivers, in Walton county, Georgia, to compel the owners of land in said county, over which said streams may flow, to remove said obstructions; to provide in what manner the same may be removed, when said land owners 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 may flow, and the extension of drains or ditches through the lands of another, and to provide for the payment of all damages

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which may be sustained by such land-owners through whose lands such drains or ditches shall be cut or extended, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That, as hereinafter provided, all land owners in Walton county, Georgia, shall, during the months of July and August in each year, remove from the running streams of water, except rivers, upon their respective lands, all obstructions, including trash, trees, timber, rafts and other obstructions of every description, except rock and sand-bars, or dams erected for the purpose of running mills or machinery of every kind, which are excepted from the operation of this Act. Walton county; drainage. SEC. 2. Be it further enacted by the authority aforesaid, That should any landowner in said county fail or refuse to remove the obstruction provided for in the first Section of this Act by the first day of September in each year, then and in that event it shall be lawful for any adjoining landowner, or any other person or persons owning lands on such streams who may be injured or affected by such obstructions, after first giving said landowners 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 or refusing to do so, and to remove such obstructions, or have the same removed, and the owners of such lands shall be liable to the party removing or having such obstructions removed reasonable compensation for such labor, for which he shall have a lien on all the property of the party so failing or refusing, to rank as and be in force as other laborer's liens now rank and are now in force under the law and to be enforced in the same way. Landowners' liability for cost of drainage.

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SEC. 3. Be it further enacted by the authority aforesaid, That when a running stream, except a river, is the dividing line between two landowners, and either of said landowners shall fail or refuse to join the other in removing the obstructions provided for in the first Section of this Act, and 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 he 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 he shall have the same lien as is herein provided for. Where a running stream is a dividing line. SEC. 4. Be it further enacted by the authority aforesaid, That when the owner of any land in said county of Walton shall cut or dig any ditch or drain to the line of an adjoining landowner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining landowner to a proper outlet in order to drain the lands of the first mentioned owner, and such adjoining landowner refuses or fails 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 first mentioned owner to extend such ditch or drain through the lands of such adjoining landowner to a proper outlet, at the expense of the first-mentioned owner, and if the lands of such adjoining landowner be injured or decreased in value by reason of such ditch or drain, the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount to be determined by three freeholders of said county to be appointed

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by the Ordinary thereof, and the amount of compensation for removing obstructions from streams as hereinbefore provided, shall be determined in like manner. Extension of drains through adjoining lands. SEC. 5. Be it further enacted by the authority aforesaid, That this Act shall not apply to any stream where it is the dividing line between Walton and another county. County lines. 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. Repealing clause. SEC. 7. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until ratified by a majority of those voting at an election to be held in said county of Walton within six months from the approval of this Act, the date of such election to be fixed by the Ordinary of said county, who shall give at least four weeks' notice of such election by publication in the official newspaper of said county, and which election shall be held as elections for members of the General Assembly, and all persons qualified to vote for members of the General Assembly shall be entitled to vote at said election. Those voting for ratification of this Act shall have on their ballots the words For Drainage, and those opposed to the ratification of this Act shall have on their ballots the words Against Drainage. The managers shall consolidate the votes as in other elections and declare the result, and if a majority of the legal votes cast at said election be For Drainage, then this Act shall become operative. Ratification of this Act. Approved August 14, 1909.

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WEBSTER COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 27. An Act to amend an Act to create a board of commissioners of Roads and Revenues for the county of Webster, to define their duties and powers, and for other purposes, approved August 3d, 1872, and an Act amendatory thereof approved February 14th, 1873, and an Act amendatory thereof approved August 18th, 1881, and an Act amendatory thereof approved November 25th, 1893, and an Act amendatory thereof approved December 5th, 1895. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That Section 1 of the above recited Act as approved November 25th, 1893, be amended by striking out the word forty, in the fourth line of said Section, and inserting in lieu thereof the words seventy-five; so that said Section when amended will read as follows: That said commissioners shall receive the sum of seventy-five dollars per annum as compensation for the duties of their office; said compensation to be paid by the treasurer of said county. Webster county; compensation of commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That Section 1 of above recited Act, as approved December 5th, 1895, be amended by striking out the words seventy-five in the sixth line of said Section, and inserting in lieu thereof the words one hundred; so that said Section when amended will read as follows: The clerk of the Superior Court shall act as clerk of the Board of Commissioners, and shall receive the sum of one hundred dollars per annum for his compensation,

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to be paid by the treasurer of said county, upon the order of said commissioners. Clerk of commissioners. 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, 1909. WILKINSON COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 152. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenue for the county of Wilkinson, and to define their powers, approved February 13th, 1873. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Act approved February 13th, 1873, entitled an Act to create a board of commissioners of roads and revenue for the county of Wilkinson, and to define their powers, be, and the same is, hereby repealed; provided, that this repealing Act shall not take effect until January 1st, 1911. Wilkinson county; board of commissioners abolished after January 1st, 1911. 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, 1909.

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WILKINSON COUNTY, BOARD OF COMMISSIONERS CREATED. No. 246. An Act to create a board of commissioners of roads and revenue for the county of Wilkinson; to provide for the election of members thereof; to provide for their removal from office; to define their powers and duties; to provide for 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 same, That from and after the first day of January, 1911, there shall be established in and for the county of Wilkinson, a board of commissioners of roads and revenue, consisting of three members. Wilkinson county; board of commissioners established. SEC. 2. Be it further enacted, That at the election to be held for members of the General Assembly and county officers, and in the same manner as members of the General Assembly are elected, there shall be elected three members for said board of commissioners of roads and revenues, whose terms of office shall begin on first day of January, 1911; one of the commissioners thus elected shall be commissioned for the term of two years, from January 1st, 1911, one shall be commissioned for a term of four years from January 1st, 1911, and one shall be commissioned for a term of six years from January first, 1911; the said three members shall determine by lot, prior to the issuance of said commission, the term of office of each for which commissions shall be issued. That at the general election for members of the General Assembly and county officers held biennially after the election in October, 1910, there shall

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be elected one member for said Board, whose term of office shall be six years, and until his successor is elected and qualified, and shall commence on January 1st, following his election. Election of commissioners. SEC. 3. That all vacancies occurring on such Board shall be immediately filled by the Ordinary of Wilkinson county, said appointment to be for the balance of the unexpired term of said member or members. Vacancies. SEC. 4. Be it further enacted, That said members, whether elected or appointed, shall be commissioned by the Governor of the State of Georgia, and shall before entering upon the discharge of any of the duties of said office, take and subscribe the following oath of office before the Ordinary of Wilkinson county, which oath shall be recorded on the minutes of the court of Ordinary (which oath shall be in addition to the oath provided by law for all civil officers of this State) to-wit: I do solemnly swear that I will well and truly discharge the duties of commissioners of roads and revenues of Wilkinson county, and in all matters which require my official action, to the best of my knowledge and skill; I will so act as in my judgment will be most conducive to the welfare and best interest of the entire county; so help me God. Commission. Oath. SEC. 5. That said board shall have exclusive jurisdiction, when sitting for county purposes, over all matters concerning county property, county taxes, general and special; in establishing and changing militia districts and election precincts; in examining, auditing and allowing all claims against the county; in examining, auditing and settling the accounts of all officers having the care, management, collection, keeping, and the disbursement

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of money belonging to the county or appropriated to its use and benefit; in making rules and regulations for the support of the poor of the county, in establishing, altering and abolishing roads, bridges and ferries; in carrying out any and all of its details and enforcement of the road laws. Jurisdiction. SEC. 6. Be it further enacted, That said commissioners shall organize at their first meeting by electing one of its members chairman, and said chairman shall be ex-officio superintendent of the public roads of Wilkinson county, and shall superintend and direct the workings of the public roads of Wilkinson county; said chairman shall give bond payable to and to be approved by the Ordinary of Wilkinson county, in the sum of two thousand dollars for the faithful discharge of the duties of this office. Organization of board. SEC. 7. That the salary of the chairman of said board shall be fixed by said board, but in no event shall it exeed the sum of seventy-five dollars per month, unless an increase is authorized by a majority of the grand jury of any spring term of Wilkinson Superior Court; that the salary of the other two members of said Board shall not exceed the sum of five dollars per month each. Salaries. SEC. 8. That said commissioners shall hold monthly meetings at the court house in said county on the first Tuesday in each month; that a majority of such commissioners shall be necessary to constitute a quorum of said Board, and the concurrence of such majority shall be necessary to pass any order or decree. Meetings. SEC. 9. That said board shall keep or cause to be kept, a record of all its acts and doings, that it shall publish

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in the official newspaper of said county, or by posting before the court house door, a monthly statement, fully itemized, showing the exact amount of county funds on hand, and the amount disbursed, giving name of each party in whose favor each order was passed, and the amount thereof. Should said board fail or refuse to comply with this Section for as many as two months, their office shall be declared vacant when twenty-five freeholders of said county present the facts to judge of Superior Court and he finds that said facts are true. Reports of receipts and disbursements. SEC. 10. That said board shall not hire or employ, or contract with for any work to be done, or supplies to be furnished said county, any member of said board, or any person related to any member of said board. And the penalty for so doing shall be as provided for in Section 9 of this Act. Personal contracts. 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 16, 1909.

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PART IIICorporations. TITLE 1MUNICIPAL CORPORATIONS. TITLE 2MISCELLANEOUS.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS Adairsville, public school system established. [Illegible Text], town of, incorporated. Arcade, town of, incorporated. Athens, public hospital established. Atlanta, corporate limits extended. Atlanta, charter amended. Atlanta, charter amended. Augusta, charter amended. Augusta, river and canal commission. Austell, town of, charter amended. Avalon, town of incorporated. Blakely, dispensary abolished. [Illegible Text], town of, charter amended. [Illegible Text], town of, charter amended. Brownwood, town of, charter amended. Brunswick, city of, charter amended. Cadwell, town of, charter amended. Calhoun, town of, charter amended. Calhoun, town of, charter amended. Calhoun, town of, charter amended. Calhoun, town of, charter amended. Calhoun, town of, charter amended. Cairo, city of, charter amended. Chipley, town of, charter amended. Clarkesvil'e, city of, charter amended. Clayton, city of, incorporated. Clayton, town of, charter repealed. [Illegible Text], city of, charter amended. [Illegible Text], city of, charter amended. Commerce, city of, incorporated. Dallas, town of, public school system. Da'ton, city of, charter amended. Darrien, city of, public school system. Darrien, city of, new charter. Dawson, city of, new charter. Decatur, town of, new charter. Demorest, city of, charter amended. Dublin, city of, charter amended. Eastman, city of, charter amended. Fast Thomaston, village of, charter repealed. East Thomaston, village of, incorporated. Edison, city of, charter amended.

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Ellijay, city of, incorporated. Eton, town of, new charter for. Fairburn, town of, charter amended. Fairburn, town of, charter amended. Five Forks, town of, name changed to Colbert and charter amended. Forsyth, city of, charter amended. Fort Valley, city of, charter amended. Fry, town of, incorporated. [Illegible Text], town of, charter amended. Glennville, city of, charter amended. Grantville, town of, charter amended. Greenville, city of, charter amended. Griffin, city of, charter amended. Griffin, city of, charter amended. Griffin, city of, charter amended. Grovetown, town of, new charter. Grovania, town of, incorporated. Harmony Grove, charter repealed. Helena, city of, public school system. [Illegible Text], town of, public school system. Jackson, city of, corporate limits extended. Jefferson, city of, charter amended. Jeffersonville, city of, new charter. LaFayette, city of, charter amended. Lawrenceville, city of, charter amended. Lawrenceville, city of, corporate limits extended: Lithonia, town of, charter amended. Logansville, town of, charter amended. Lumber City, town of, new charter. Lumber City, town of, public school system amended. Lumpkin, town of, made city of. Macon, city of, charter amended. Macon, city of, charter amended. Manchester, city of, incorporated. Marietta, city of, charter amended. Marietta, city of, charter amended. Martin, town of, public school system established. Martin, town of, corporate limits extended. Maysville, town of, new charter. McDonough, city of, charter amended. McRae, city of, new charter. Milledgeville, city of, charter amended. Millwood, town of, charter repealed. Mitchell's District, town of, incorporated. Monroe, city of, charter amended. Mou'trie, city of, charter amended. Newnan, city of, charter amended. Oakland City, charter repealed. Ocilla, city of, corporate limits extended. Palmetto, town of, charter amended. Palmetto, town of, charter amended. Patten, town of, corporate limits extended. Piedmont, town of, charter repealed. Pepperton, town of, charter amended. Poulan, city of, charter amended. Rays Mill, city of, incorporated.

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Rochelle, city of, new charter. Rockmart, city of, charter amended. Rome, city of, new charter. Roswell, town of, charter amended. Rutledge, town of, new charter. Shellman, city of, charter amended. Shellman, town of, sale of near-beer in prohibited. Sparks, town of, charter amended. Springfield, Effingham Academy located in. Summerville, town of, incorporated as city. Summerville, village of, corporate limits extended. Swords, town of, incorporated. Sylvania, city of, new charter. Sylvester, city of, charter amended. Sylvester, city of, charter amended. Sylvester, city of, charter amended. Tennga, town of, new charter. Tennille, city of, mayor's court established. Thomasville, city of, charter amended. Tifton, city of, charter amended. Toccoa, city of, charter amended. Toccoa, city of, charter amended. Ty Ty, town of, charter amended. Unadilla, town of, charter amended. Wadley, town of, charter amended. Waresboro, school district abolished. Waycross, city of, new charter. Waynesboro, city of, charter amended. Williamsville, town of, name changed to Bold Springs. Woodbury, school district of abolished. Woolsey, town of, charter amended. Wrens, town of, charter amended. Wrightsville, city of, charter amended. Wrightsville, city of, public school system abolished. Yonker, town of, charter repealed. Zebulon, town of, old charter revised. Zebulon, city of, charter for. ADAIRSVILLE, TOWN OF, PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 278. An Act to amend the charter of the town of Adairsville in Bartow county, so as to provide for establishing a system of public schools for said town, to empower the corporate authority of said town to levy and collect a special tax for the support and maintenance thereof; to provide for a board of education to

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manage said schools; to authorize the county school commissioner of Bartow county to pay over to the board of education of said public schools such part of the state school fund as may be just pro rata share of said town; to provide for a system of sewers and lights for said town; to enlarge the powers of the mayor and council, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, (the corporate authorities of the town of Adairsville having so recommended), That the mayor and council of the town of Adairsville in Bartow county, Georgia, be, and are, hereby authorized to levy a tax annually in addition to that now authorized by law, not to exceed thirty-five cents on the one hundred dollars, on all the taxable property in said town, for the purpose of establishing and maintaining a system of public schools in said town; provided, the monies raised by such taxation shall be used only for school purposes. Adairsville; school tax. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Adairsville, so soon as the provisions of this Act providing for said schools, by proper vote, as hereinafter provided, shall be declared of force, shall elect a board of education, to consist of five members, two of whom shall be elected for a term ending the first Monday in April, 1911, and three for a term ending the first Monday in April, 1912. After said first election by the mayor and council, all vacancies occurring on said board by expiration of term of office, removal or otherwise, shall be filled by the mayor and council, and election to fill vacancies caused by the expiration of the terms of members

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of said board shall be for the term of three years, and such election shall be held on the first Monday in April, or as soon as practicable thereafter. All members of said board shall hold their offices until their successors are elected and qualified. The members of said board shall be male citizens of Adairsville, over twenty-one years of age, of good moral character and qualified voters of said town. Board of education. SEC. 3. Be it further 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 the town of Adairsville. Said board shall have authority to purchase and rent buildings, appurtenances and furniture for school purposes, to employ a superintendent or principal and other teachers, to suspend or discharge them for good causes; to prescribe the terms upon which students are to be received into said schools; with power to expel or suspend them for good cause and to establish such rules, regulations and by-laws from time to time as they may deem right and proper in maintaining a system of public schools in said town; provided, the same are not inconsistent with the Constitution and laws of this State; provided, further, that the money raised by this Act shall only be used in giving instruction in the English branches of an education. Said board of education shall have authority to provide for a course of instruction for students who desire to engage in studies other than those usually included in an English education, but students who pursue such studies must pay such fees for tuition and incidentals as said board may determine in addition to amounts paid under the system of public schools established by this Act. Said schools shall be

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open not less than six nor longer than ten scholastic months in each year. Powers and duties of board. SEC. 4. Be it further enacted, by the authority aforesaid, That the officers of said board of education shall consist of a president, vice-president and secretary. The treasurer of the town of Adairsville shall be exofficio treasurer of said board and he may be required to give such additional bond as the board may determine. Said officers, except the treasurer, shall be elected in such manner and at such time as said board of education may determine, and said board shall prescribe the duties of its officers. No officer or member of said board shall receive any compensation, except the secretary, whose salary shall not exceed twenty-five dollars per annum. Said board shall cause a complete record to be kept of all its Acts, which shall be open to inspection by any tax payer of said town. Organization of board. SEC. 5. Be it further enacted by the authority aforesaid, That so long as public schools are maintained in the town of Adairsville, the school commissioner of the county of Bartow is hereby authorized and required to pay over to the treasurer of said board of education, for the use of said public schools under such rules and regulations as said board may prescribe the just pro rata share of the common school fund arising from any source, belonging to said town, to be by said board expended in the establishment and maintenance of said public schools as provided by law. Pro rata share of county school fund. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council of said town of Adairsville, to levy and collect the taxes hereinbefore provided and keep a separate account

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of the same to the credit of the public school fund, which fund shall be subject to the order of said board of education for the support and maintenance of public schools. Said taxes shall be levied and collected and enforced as the other taxes of said town are levied and collected and no persons shall have the benefit of said schools who fails or refuses to pay all taxes assessed against them by said town authorities. Tax, how levied and collected. SEC. 7. Be it further enacted by the authority aforesaid, That all children between the ages of six and eighteen years whose parents, guardians or natural protectors are bona fide residents of said town and have so resided in the corporate limits of said town for at least thirty days shall be entitled to the benefit of said schools. The board may also admit children into said schools whose parents, guardians or natural protectors do not reside within the corporate limits of said town and persons over the age of eighteen years upon the payment of such tuition fees and charges as the board may deem reasonable and proper. Said board of education shall have the power to charge and collect from all pupils such matriculation and incidental fees as they may deem advisable and consistent with the Constitution and laws of the State; provided, that all sums arising from these sources shall be used only for the purpose of maintaining said schools. Said board may in its discretion require the vaccination of all pupils before admitting them to said school. School children. SEC. 8. Be it further enacted by the authority aforesaid, That said board of education shall make an annual report, on or before the first Monday in July to the mayor and council showing receipts and disbursements

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of the board, the condition of the schools, the number of pupils attending same and an estimate of the funds required for said schools to be levied and collected as by this Act provided. The treasurer of said board shall make an annual report on the first day of January to be submitted to the board of education and the mayor and council. Reports of board and treasurer. SEC. 9. Be it further enacted by the authority aforesaid, That said board of education shall provide separate schools in which the white and colored children must be taught separately and may locate said schools at any point in the territory over which the municipal authorities of the town of Adairsville have police jurisdiction and authority to change such locations whenever the interests of the schools require. Said board is authorized to receive all gifts and donations and appropriate the same to the support and maintenance of the public schools in said town. Separate schools for white and colored children. Gifts. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Adairsville shall have power to appropriate, from time to time, such sums of money not otherwise appropriated in the treasury and all or any portion of the taxes collected from licenses and vocation taxes for the purpose of building or purchasing school houses, equipment or other school uses as will best promote the welfare and efficiency of said schools. The title to all property purchased, or held under this Act, shall vest in the town of Adairsville, subject to the control of the board of education and may be sold upon the recommendation of said board for reinvestment for public school purposes. School buildings.

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SEC. 11. Be it further enacted by the authority aforesaid, That the board of education of Bartow county shall not establish or maintain a public school within the municipal limits of said town of Adairsville or within two miles of the corporate limits of said town, without the written consent of the board of education of said town. County schools. SEC. 12. Be it further enacted by the authority aforesaid, That before the provisions of Section one to twelve, inclusive, of this Act, providing for a system of public schools shall take effect and be of force in said town of Adairsville the mayor and council shall order an election, giving at least twenty days notice, by publication in a newspaper published in said town or posted in three public places in said town, to ascertain the will of the qualified voters under this Act, whether a system of public schools shall be established or not in said town. All persons voting in said election shall have written or printed on their ballots the words, For Public Schools, or Against Public Schools. Should the question be decided in favor of public schools by the necessary Constitutional majority, it shall be the duty of the mayor and council of said town to so declare and proceed to levy and collect the tax provided for in Section 1 of this Act and otherwise proceed to organize said schools as herein provided; but should said question be decided against public schools, said mayor and council are authorized to order other elections upon the same question, when as many as ten legal voters shall by petition so request; provided, at least six months shall elapse between elections. Ratification of this Act.

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SEC. 13. Be it further enacted by the authority aforesaid, That any election held under this Act shall be governed by the same rules and regulations held for mayor and aldermen of the town of Adairsville are conducted and the managers shall certify the result to the mayor and council who shall declare the result. Elections. SEC. 14. Be it further enacted by the authority aforesaid, That the charter of said town of Adairsville be, and is hereby further amended as follows: That the mayor and council of said town be and are hereby authorized and empowered to establish and maintain an electric light plant for said town, to furnish light for its streets and public places and for sale to consumers within or without its corporate limits. Also to establish a system of sewerage with the right to contract for or condemn land or premises within or without the corporate limits of said town, for the purpose of establishing and maintaining such electric plant and sewerage system or either of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be had under the provisions of Sections 4657-4689, inclusive, of Volume 2 of the Code of Georgia of 1895, and Acts amendatory thereof; provided, further, that the authorities of said town may abandon the condemnation proceedings at any time upon payment of the accrued costs. Said mayor and council are empowered to make all rules and regulations they may deem proper for the control and management of said light and sewerage system or either of them. Lights and sewers. SEC. 15. Be it further enacted by the authority aforesaid, That it shall be lawful for the marshal or any policeman of said city to arrest without warrant any

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person or persons within the corporate limits of said town who at the time of said arrest or before that time have been guilty of violating any of the ordinances of said town and to hold such person so arrested until a hearing of the matter before the proper officers can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the town prison for a reasonable length of time. The marshal and policeman of said town 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 policeman of said town are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the town of Adairsville; 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 or acting mayor. The marshal or any policeman may take bonds for the appearance of persons arrested by them for appearance before the police court for trial and all such bonds may be forfeited and enforced in such manner as the mayor and town council may by ordinance prescribe. Arrests. Appearance bonds. SEC. 16. Be it further enacted by the authority aforesaid, That said mayor and council 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 to punish for violating any of the quarantine regulations of the said town. They shall have the

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power to build or establish a pest-house inside or outside of the corporate 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 the small-pox or other contagious diseases, when in their judgment it is best for the welfare and health of the town. They shall have the 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 town, to vaccinate all persons who are unable to procure said vaccination; and may provide by ordinance punishment for persons failing or refusing to be vaccinated. Sanitation and quarantine. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have power to grant franchises, easements and right-of-ways, over, in, under and on the public streets, lanes, alleys, side-walks, parks and other property of said city, on such terms and conditions as they may prescribe. Franchises. SEC. 18. Be it further enacted by the authority aforesaid, That in case the mayor or alderman or any member of the board of education of said town while in office shall be guilty of malpractice, any wilful neglect of official duty, 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. Malpractice. SEC. 19. Be it further enacted by the authority aforesaid, That on and after the passage of this Act any ordinance or by-laws adopted by the mayor and council

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of said town of Adairsville shall be of force and take effect after the same shall have been published one time in a newspaper published in said town or posted in two public places in said corporation. Publication of ordinances. SEC. 20. 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, 1909. ALAMO, TOWN OF, INCORPORATED. No. 264. An Act to incorporate the town of Alamo in the county of Montgomery, State of Georgia; to define the corporate limits of said town; to provide for a mayor and aldermen and other officers for said town; to prescribe their powers and duties; to confer upon the mayor and aldermen of said town the power to enact municipal ordinances for said town, and to provide for the enforcement of said ordinances, and for penalties for the violation of the same; to provide for all matters of municipal concern of said town, and for other purposes. SECTION 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Alamo in the county of Montgomery in said State, be, and the same is, hereby incorporated, and that the corporate limits of said town shall extend one-half mile in a northerly, easterly, southerly and westerly direction from the depot of the Seaboard Air Line Railway at the station

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known as Alamo on said railway in said county, so as to embrace a circle within a diameter of one mile with its center the place where said depot is now located; that the said territory and the inhabitants therein be, and the same is, hereby incorporated under the name and style of Alamo. Alamo; corporate limits. SEC. 2. Be it further enacted, That the government of said town shall be vested in a mayor and six aldermen, to be known as the mayor and council of said town, and to be elected as hereinafter provided, and who shall hold their office until their successors are elected and qualified. Mayor and aldermen. SEC. 3. Be it further enacted, That after the passage of this Act, an election shall be held in said town for the election of a mayor and aldermen after notice of the time and place of holding such election shall have been given in writing by posting the same at the Sea-board Depot, and at the post office by any ten citizens residing in said town at least twenty days before such election, and that thereafter on the first Tuesday in December, 1909, and on the first Tuesday in each succeeding December there shall be held an election in said town to elect a mayor and aldermen thereof. If any such election should not be held at the time and place herein designated, the same shall thereafter be ordered held by the mayor and council of said town after giving twenty days' notice in writing by posting the same at one or more public places in said town of the time and place of such election. Elections. SEC. 4. Be it further enacted, That the term of office of the mayor and aldermen of said town shall be for one year, and all persons shall be eligible to the office of

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mayor and aldermen of said town who has been a resident of said State twelve months, and a resident of said town six months, and who are qualified under the laws of the State to vote for members of the General Assembly. Terms of mayor and aldermen. SEC. 5. Be it further enacted, That the mayor and council shall provide for the registration of the voters of said town prior to each annual election or special election that may be held in said town, and all persons who have been residents of said State twelve months and residents of said town six months next preceding the day of holding such election, and who are qualified under the laws of the State to vote for members of the General Assembly, shall be entitled to register and vote in any election held in said town. Such elections shall be held and conducted in the same manner as elections for county officers in this State, and the certificates of the managers of such elections 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 the duties, after taking and subscribing to an oath to faithfully perform and discharge all the duties of the office to which they have been elected. Registration of voters. SEC. 6. Be it further enacted, That said town shall have and use a common seal, shall be capable of taking, purchasing, holding and selling real or personal property for any municipal purpose, and by and in the name of The Mayor and Council of Alamo, have perpetual succession, and by that name may contract, and be contracted with, and may sue and be sued. They shall have power to lay out and open streets, and for this purpose to condemn private property, and shall also have the

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power to condemn private property for public purposes, all to be done under the general laws of the State, and the mayor and council of said town is hereby authorized to condemn private property for public uses, and to compensate the owners thereof for the same. Powers of mayor and council. SEC. 7. Be it further enacted, That the mayor and council of said town shall have all power necessary to pass ordinances not in conflict with the Constitution and laws of the State for the maintenance of good order, and for the suppression of disorder and vice of all kinds whatsoever, in said town, and for the proper police protection of the citizens of said town, and for the government of the same and to appoint a marshal and such other police and town officers as may be necessary, and to remove them from office at any time in their discretion. Ordinances. SEC. 8. Be it further enacted, That all male citizens or residents of said town between the years of sixteen and fifty residing within said town shall be liable to pay an annual street tax, to be fixed by the mayor and council, and that the person so taxed shall be given the privilege of working said taxes out on the streets of said town under the supervision of the town authorities at the price of fifty cents per day. That the mayor and council shall have the power to prescribe the method of collecting and enforcing the collections of such street tax, and may provide ordinances making it a penal offense against the town to violate such ordinance. Street tax. SEC. 9. Be it further enacted, That the mayor and council shall have the power to provide for the assessment of all property within the corporate limits of said town, and to levy such annual ad valorem tax on the

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same for public purposes and for the government of said town as in their discretion would be for the betterment of the town and the citizens thereof. Ad valorem tax. SEC. 10. Be it further enacted, That the mayor and council shall have the power to tax all shows, auctioneers, slight of hand performers, gift enterprises and businesses, and to levy such other privilege and occupation tax as in their discretion may seem just and proper for public uses and the support of the town government. Specific taxes. SEC. 11. Be it further enacted, That the Mayor and council of said town shall have the power to define a public nuisance, abate the same, and punish those maintaining same. Nuisances. SEC. 12. Be it further enacted, That the mayor and council shall have the power to prescribe the fire limits for said town, and to prescribe the plan of buildings, and to prescribe the kind of material to be used in said buildings within the said fire limits. Fire limits. SEC. 13. Be it further enacted, That the sale of spirituous, malt or other intoxicating liquors shall never be licensed in said town, and the sale thereof forever be prohibited. Sale of intoxicants prohibited. SEC. 14. Be it further enacted, That the mayor and council shall have the power to establish a mayor's court for the trial and punishment of offenders against the ordinances of said town, and shall have power to prescribe that any violations against the ordinances of said town by any person, shall be punished bya fine not exceeding one hundred dollars or imprisonment at hard labor on the streets or public works of said town not exceeding thirty days, or either imprisonment not exceeding

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thirty days, either or both, in the discretion of the mayor. The defendant shall have the right of appeal from any decision of the mayor to the council. Mayor's court. SEC. 15. Be it further enacted, That the mayor and council of said town shall have the authority to establish a town prison or guard house for the confinement and detention of all offenders against the town, or such other persons as may be under arrest in said town, and shall have the power to establish in said town a street gang or chaingang wherein all offenders against the town who shall be legally sentenced thereto shall be forced to work, and said mayor and council is hereby given the authority to elect a town marshal who shall be the superintendent of said chaingang, and who shall Act as the whipping boss of said chaingang, for the enforcement of the rules and regulations thereof to be prescribed by the mayor and council of said town. Prison, chaingang and marshal. SEC. 16. Be it further enacted, That the mayor and council have authority to elect a mayor pro tem of their number, who shall in the absence or disqualification of the mayor preside and be empowered with all the authority and duties herein vested in the mayor of said town and vested in him by any ordinance passed hereunder. Mayor pro tem. SEC. 17. Be it further enacted, That the mayor of said town 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 into them, to admit any offender to bail, or to commit him to jail for the violation of the laws of the State, and to admit to bail or commit to the guard house

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for the violation of the ordinances of said town, and to punish for contempt of the mayor's court, orders or the orders of the mayor and council by fine not exceeding one hundred dollars or imprisonment thirty days. Mayor, ex-officio, a justice of the peace. SEC. 18. Be it further enacted, That all vacancies occurring in the offices of said town shall be filled at any time by the mayor and council excepting vacancies in the office of mayor and aldermen which shall be filled by an election ordered by the mayor and council for that purpose. Vacancies. SEC. 19. Be it further enacted, That the officers of said town elected or appointed by the mayor and council shall receive such compensation for their services as shall be fixed by said mayor and council. Compensation of officers. SEC. 20. Be it further enacted, That the said mayor and aldermen of said town shall be exempt from street tax and street duty, and the aldermen shall receive no other compensation for their services, but the mayor may receive such other and additional compensation by way of salary as may be fixed by the mayor and council, excepting as to the first mayor elected hereunder. The mayor's salary, if any, shall be fixed by the preceding mayor and council, and the salary of such mayor shall not be increased or diminished during his term of office. Compensation of mayor and aldermen. SEC. 21. Be it further enacted, That the mayor and council shall have the power to enact any and all such other ordinances within their discretion for the good of said town, and not inconsistent with the Constitution and laws of this State. General welfare. SEC. 22. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed.

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ARCADE, TOWN OF, INCORPORATED. No. 286. An Act to incorporate the town of Arcade in the county of Jackson, to define the limits thereof; to appoint a mayor and councilmen therefor, and to provide for the election of their successors; to grant power and privileges to the same; to provide for working streets and sidewalks in said town; to provide for a system of sanitary sewerage; to provide for a system of water works; to provide for a board of health; to declare and define police powers of said town; to provide for the condemnation of private, public or semi-public property for the use of said town, and to define a method of arriving at the value of such property and compensating the owner therefor; to authorize the town of Arcade to establish a system of water works and a system of electric lights, under such restrictions as are provided for by the State law, whenever in the judgment of the mayor and council of said town such course may be deemed advisable, and to issue bonds for any one or all the purposes under such restrictions as are provided for by the State law; to provide for the taxation and granting license to all kinds of business, trades, callings, professions; to provide for the prevention of the delivery and receiving of intoxicating liquors and whiskies within the incorporate limits of said town; to provide for seizure and disposition of said intoxicants; to provide for the fixing of the fiscal year; and to grant a charter to said town under the corporate name of the town of Arcade; to provide a system of public schools for said town; to provide for a levy

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of taxes to meet the expenses of the town and school system, and 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 Arcade, in the county of Jackson, be, and the same is, hereby incorporated as a town, under the name of the town of Arcade. Arcade, town of. incorporated. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of mayor and council of the town of Arcade they may sue and be sued, plea and be impleaded, have a seal and exercise all the corporate powers that may be necessary in performing their duties. Mayor and councilmen. SEC. 2. Be it further enacted, That the corporate limits of said town shall be as follows: One-half of one mile in all directions from the Arcade schoolhouse, in said town, making said corporate limits a circle one mile in diameter, with said school building in the center thereof. Corporate limits. SEC. 3. Be it further enacted, That B. F. Guest be, and he is, hereby appointed mayor and said town until his successor is elected, and that George C. Williamson, George W. Mitchell, James B. Williamson and J. R. Anglin and W. P. Frosbe, and they are, hereby appointed councilmen of said town of Arcade to their office until first annual election as hereinafter provided. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That on the first Monday in January, 1910, and every two years thereafter on the same date an election shall be held in the council of said town for a mayor and five councilmen, who shall

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hold their offices for two years, and until their successors are elected and qualified; but none shall vote or be eligible to office of mayor and council 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 officers in this State and a certificate of the managers shall be sufficient authority to the persons elected to enter into 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 the board of councilmen shall become vacant by death, resignation or removal or other cause, the mayor, or in case his seat is vacant, the majority of the councilmen shall order a new election, notice of which shall be given at least twenty days before said election is held, the same to be conducted as provided in this Act. Elections. SEC. 5. Be it further enected, That before entering on the discharge of their duties the mayor and the councilmen shall subscribe to an oath to faithfully discharge such duties as shall devolve upon them as officials of the town of Arcade. The following oath shall be administered to and taken by the mayor and councilmen, before some officer authorized by the laws of Georgia to administer oath, 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 town of Arcade for the ensuing term, and that I will faithfully enforce the charter and ordinances of said town to the best of my ability without fear or favor, so help me God. Should the mayor or any councilman be absent when the officers qualify, he or they shall take the oath of office as soon as possible thereafter. Oath of mayor and councilmen.

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SEC. 6. Be it further enacted, That the mayor or mayor pro tem, and three councilmen or four councilmen, (who may elect one of their number to preside) shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day; provided, however, that when there are no more than four members present it shall require at least three affirmative votes to pass any resolution or ordinance; but a quorum, as above provided, shall be sufficient to try any and all cases pending before said council on appeal from the police or mayor's court and in all such cases an appeal of the majority of the members present shall be sufficient to find a verdict either for or against the defendant. Said mayor and council shall hold their meetings within the limits of said town, and at such time and places as they see proper. Quorum. SEC. 7. Be it further enacted, That said mayor and council shall have power to pass all such ordinances, by-laws, rules and regulations as may in their discretion be necessary to enforce all of 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 thereof, and to provide penalties for their violation. Powers of mayor and council. They shall have power and authority to lay off, open, close, alter, vacate, curb, pave and keep in good order and repair all streets, alleys, sidewalks, crosswalks, 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

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them; and to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owners and occupants thereof, or the owners or occupants of the real property next adjacent thereto; to establish and regulate the markets; to prescribe the time of holding same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle and other animals or fowls of all kinds from going at large in said town, to protect places of divine worship in and about the premises; 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 dynamite and other 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 alcoholic drinks by whatever name or names the same may be called; to provide in or near said town places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures and for the making of division fences by the owner of adjacent premises, and a drainage of lots by proper drains and ditches, to make regulations against danger by fire and to provide limits in which no wooden buildings shall be erected; to protect the property and persons of the citizens of said town, to preserve peace and 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 such duties;

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to prescribe the powers and define the duties of all officers appointed or elected by the mayor and council and to fix their terms of office and compensation, require and take from them bonds, when necessary, payable to the town of Arcade in its incorporate name, with such security and with such penalty as the mayor and council may see fit, conditioned for the faithful discharge of their duty, to erect or authorize or prohibit the erection of waterworks, gas works, or electric lights in said town; to prevent injury to or pollution of same or to the same, or to the water or healthfulness of said town, to make such rules and regulations as they may deem proper regulating the running of locomotives or cars, whether run by steam, electricity or other power; to enact ordinances preventing the delivery within the incorporate 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 penalty for so doing. Said town is further authorized and empowered to enact ordinances to provide for the seizure and forfeiture to town of such intoxicants within the incorporate 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 town is further authorized and empowered in the exercise of its police powers to provide for and enact any other ordinance looking to the regulation, restriction, suppression or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said town; provided, however, that the provisions of this Act shall be held and construed to apply to domestic commerce and intrastate shipments as distinguished from shipments

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from beyond State and interstate commerce; to regulate and provide for the weighing of hay, coal and other articles sold, or for sale, in said town, and to provide a revenue for said town, and to appropriate same for expenses of said town; to pass all laws, ordinances and regulations for the protection of the inhabitants of said town against small-pox and other contagious or infectious diseases, or for the care of those who may have such diseases or are suspected of having them. SEC. 8. Be it further enacted, That for the purpose of raising revenues to defray the ordinary expenses incident to the proper support and maintenance of town government, that said mayor and council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal in the corporate limits of said town, and which is not exempt by State law, not to exceed one-half of one per cent., but when that amount is deemed insufficient, said mayor and council shall have power and authority to levy an additional tax in the mode and manner prescribed by the Constitution and laws of the State of Georgia. Ad valorem tax. SEC. 9. Be it further enacted, That every male person between the ages of sixteen and fifty years, who has resided in said town thirty days, shall be liable and subject to work on the streets of said town, not to exceed fifteen days in each year, at such time or times as the mayor and council may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars in any one year, as said mayor and council may determine. Should any person liable to work the streets under this Section fail or refuse to do so, or to pay the said tax assessed in lieu thereof, having received due notice to

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do so, as said mayor and council may require, shall be deemed guilty of a violation of this Section, and on conviction in the police court of said town, shall be fined in a sum not exceeding five dollars nor less than the amount of street tax so assessed, or by imprisonment in the guardhouse, or by labor in the chaingang of said town, not exceeding thirty days. Said mayor and council may pass such ordinance as they may deem proper for the enforcing of this Section. Street tax. SEC. 10. Be it further enacted, That the mayor and council of the town of Arcade shall have power to establish a guardhouse and work gang in said town and to confine at labor there any persons who have been sentenced by the court of said town to work upon the streets, sidewalks or other public works of said town, and shall have power to make all rules and regulations that may seem necessary for the control or government of such work gangs and enforce the same through its proper authorities. Prison and chaingang. SEC. 11. Be it further enacted, That the mayor and council of said town shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, saloons for the sale of ice cream and other ices, etc., livery stables and lots, hacks, drays and other vehicles, auctioneers, venduemasters, itinerant traders, theaters and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, water works, shows, circuses, exhibitions of all kinds, itinerant lightning rod dealers, emigrant agents, peddlers of clocks, stoves, machines, or any other article of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise

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or other things, pool and bagatelle tables kept for public playing, every table, device or stand or place for the performance of any game or play, whether played with sticks, balls, rings upon flying horses or contrivance, bicycles, vehicles or skating rinks; insurance agents, life, fire, accident or other insurance companies, loan agents for any and all kinds of business, real estate agents, banks and bankers, brokers and commission merchants of all kinds, keepers of slaughter-houses, beef markets, green grocers, dealers in fresh oysters, or fish, vegetables, fruits, breads and other articles of food, contractors and builders and all machinists or artisans, barber shops, junk shops, pawnbrokers, and upon all and every other establishment, business, calling, trade, or avocation not heretofore mentioned, and which, under the constitution and laws of Georgia, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business, trade, profession or calling in said town, for which a license is required. Should any person engage or continue in any business, trade, profession, or calling for which any specific tax or license is required by said town by ordinance, and shall fail or refuse to pay the same on demand of the proper authority of said town, he shall be liable to prosecution in the police court of said town, and may be fined or imprisoned, in the discretion of the court. The provisions of this Section shall apply to all persons, natural or artificial. Specific taxes. SEC. 12. Be it further enacted, That the mayor and council of said town shall have power and authority to make and establish, by ordinance, a fiscal year from which and to which all licenses shall date. Should any person apply for license in said town for any business

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for which license is required, at any time after the fiscal year has begun, the mayor and council shall have authority to require of such person the same amount as required for license for the whole year; provided, that no change in the fiscal year shall operate to the injury of any person who has once paid the amount of license required of him. Fiscal year. SEC. 13. Be it further enacted, That the mayor and council shall have full power and authority to enforce by execution the collection of any debt or claim due said town for taxes, licenses, rents, impounding fees, forfeitures for laying sewers or drains, for cleaning or repairing privies, for abating nuisances, and for any and all levies, assessments, debts and demands due said town. Said execution to be issued by the clerk of said town and to bear test in the name of the mayor against the property, person, corporation, or firm against which or from whom any such debt or demand is owing, such execution to be directed to all and singular the marshal, deputy marshal and policemen of the town of Arcade, who are authorized to levy the same upon the property against whom it issued, or on the property of the person against whom such execution shall have been issued, and the same shall be sold in the following manner, towit: The property levied upon shall be sold by the marshal or his deputy at public outcry, under the laws for sheriff's sales, to the highest bidder, before the council chamber, or at such other place as the mayor may determine, notice of which place shall be stated in the advertisement of the sale of such property. If said property so levied on shall be personal, it shall be advertised by posting notices at two or more public and conspicuous places in said town for ten days before the

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day of sale, and if the property levied upon shall be real estate, he shall advertise the same once a week for four weeks in public gazette wherein the sheriff's sales are advertised for the county of Jackson, or in some newspaper published in town of Arcade, before selling the same. All sales as above provided shall be at public outcry, to the highest bidder, and for cash. Said marshal or deputy marshal making such sales shall execute title to the purchaser, and shall have the same power to place the purchaser in possession as sheriffs of State have. Municipal claims, how collected. SEC. 14. Be it further enacted, That when any execution shall be sued and levied as provided in the preceding Section, claim or illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas. for State and county taxes, such claim of illegality to be returned to and heard at Superior Court of Jackson county. Claims and illegalities. SEC. 15. Be it further enacted, That the mayor and council of the town of Arcade shall elect, at their first or second meeting in each calendar year, three upright, discreet and intelligent persons, who shall be freeholders and residents of said town, as tax assessors, who shall hold their office one year, or until their successors are elected and qualified. Said tax assessors may be elected from among the members of the town council, or from among other persons, and should any vacancy occur in said board of assessors by death, resignation, removal, or refusal to serve, such vacancy shall be immediately filled by said mayor and council. Said mayor and council shall be exclusive judges of the necessity of

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declaring a vacancy in said board of assessors. Before entering upon the duty of the office of assessors, each assessor shall take and subscribe the following: I,....., do solemnly swear that I will faithfully perform the duties of tax assessor of the town of Arcade, and will make a true and just valuation of all property therein subject to taxation, according to fair market value, so help me God. Tax assessors. SEC. 16. Be it further enacted, That the tax assessors may hear, during the progress of their investigation, such evidence as to value of property in said town as they may deem advisable. If any person is dissatisfied with the valuation of his or her property, as fixed by the assessors, he shall have the right to appeal to the mayor and council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereafter provided for has been mailed by the clerk of said town. Said appeal shall be substantially as follows, to-wit: The undersigned being dissatisfied with the action of the town tax assessors with reference to the valuation of his or her property subject to taxation in said town, comes within ten days from date on which notice of action of said assessors was mailed to him and demands an investigation of the value of said property by the mayor and council of the said town. (Signature)...... Upon the filing of said appeal with the clerk of said town, it shall be the duty of the mayor to fix a day upon which said hearing will be had and give the appellant five days notice in writing of said hearing; notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing said mayor and council shall hear all legal and competent testimony, and enter judgment accordingly.

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The appeal hereinbefore provided for shall be signed by the tax payer, his agent or attorney at law. Appeals. SEC. 17. Be it further enacted, That immediately after the report of said assessors is filed with the town clerk, it shall be his duty to mail a written or printed notice to each and every person the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the action of the assessors and specifying the property the valuation of which has been increased. Notice to property owners of assessments. SEC. 18. Be it further enacted, That the said mayor and council shall have power to prohibit, by ordinance, the keeping for unlawful sale any amount of whiskey, beer or intoxicating drinks, by whatever name or names the same may be called; the keeping and maintaining of lewd women, or lewd houses; the keeping of any room or rooms for gambling; the having of any whiskey, beer, or other intoxicating drink for the purpose of sale or giving away on election days; the pursuing of one's ordinary avocation or labor on the Sabbath; from loitering or idling within the jurisdiction of said town. Police court of said town shall have jurisdiction to try persons for the commission of any of said offenses committed within the limits of said town, and upon conviction, punish offenders as hereinafter provided. Penalties prescribed by ordinances. SEC. 19. Be it further enacted, That there shall be in the town of Arcade a court known as the police court of the town of Arcade. Jurisdiction of said court shall extend to all offenses herein provided for, and all other of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses

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are committed within the corporate limits of said town. Said police court shall be held by the mayor at such times and such places in the said town as in his judgment may be necessary. Said police court, upon conviction of any person or persons, may punish offenders by a fine of not more than one hundred dollars, by confinement in the guard-house or chaingang of said town for a term of not more than sixty days, either or all, in the discretion of said police court; that it shall not be necessary in the officers of said town in making arrests for an affidavit to be made or warrant to be issued to authorize any arrest for any violation of the ordinances of said town. Police court. SEC. 20. Be it further enacted, That all trials in the police court of said town shall be held under and by virtue of an affidavit and warrant, which affidavit may be made by any person before the court of said town and warrant issued by the mayor or the presiding officer of said police court. Said affidavit shall conform to the law prescribed for criminal warrants and affidavits in the Code of Georgia, and shall be directed: To all and singular the marshal, deputy marshal, or any policeman of the town of Arcade. Upon said affidavit issue shall be joined and plea of guilty or not guilty entered. Should the warrant be dismissed on account of informality in any affidavit, it shall be the duty of the court to order another drawn, and another, until the requirements of the law are met. Affidavits and warrants. SEC. 21. Be it further enacted, That the said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise; to issue summons for witnesses, books, papers, in

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as full and complete a manner as the courts in this State may now do; to punish as for contempt failure to obey its legal summons; to grant continuances under rules of law; to take bonds and recognizances for appearances at its session, and to forfeit the same under rules and regulations as are now applicable in like procedure in Superior Courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a court; provided, that no fine for contempt shall exceed the sum of ten ($10.00) dollars, or imprisonment in the guard-house for more than five days. Contempt, etc. SEC. 22. Be it further enacted, That any persons convicted in the police court of said town for a violation of any of the ordinances or by-laws thereof shall have right of certiorari to the Superior Court of Jackson county, or he may have the right to appeal to the mayor and council of said town if the said mayor and council shall see fit by ordinance to provide for such appeal, otherwise, certiorari, as aforesaid, shall be the only remedy. Certiorari and appeal. SEC. 23. Be it further enacted, That the mayor and mayor pro tem of said town shall have, in addition to the jurisdiction of justices of the peace over all, the territory embraced in their jurisdiction or municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of the said town's police jurisdiction, it shall be the duty of the mayor or mayor pro tem, as the case may be, after investigation, to commit the offender or offenders to jail, or bail, to answer to the court having jurisdiction of the offense. Commitments.

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SEC. 24. Be it further enacted, That said mayor and council shall have authority, in their discretion, to establish and put into operation a board of health, and to pass all ordinances and regulations, prescribing penalties for violation of the same necessary for the purposes of maintaining such board of health, and providing penalties for such violations, to prevent the spread of any contagious or infectious diseases; also, to have complete control of persons who have been exposed to contagious or infectious diseases; and to make any and all necessary arrangements for their protection and the protection of the inhabitants of said town. Board of Health. SEC. 25. Be it further enacted, That said mayor and council shall have the right to exercise supervision over all buildings within the corporate limits of said town, and they shall have power to prevent the erection of any building within said town without the person or persons wishing to build first appealing to the mayor and council and obtaining a special permit; said permit shall specify the kind of building to be erected and the kind of material to be used in its construction, and the place where the same shall be erected; this applies to all buildings or structures, however small the cost of erecting the same may be, or however insignificant the value of the building or structure may be when completed, and whenever in the judgment of the mayor and council any structure or building is dangerous to the life or health of the citizens, on proper case made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance, and call on the owner or tenant in possession to immediately abate the same; and in the event the owner or tenant in possession fails or refuses to abate such

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nuisance within a reasonable time, such a time to be determined by the mayor and council, then said mayor and council may cause the same to be done, and issue execution against said premises for the cost of abating such nuisance. Said mayor and council may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same. Building permits. SEC. 26. Be it further enacted, That the mayor and council shall have power to build, maintain and operate, should they see proper, street railways, waterworks, gas works, electric light wires, lines or systems, or they shall have the power to grant right of way to railroads, street railways, waterworks, gas works, electric lights, telephone wires or lines throughout the streets and alleys of said town upon such terms, conditions and restrictions as said mayor and council may prescribe. Said mayor and council shall have power to issue bonds for the purpose of erecting, maintaining and operating any of said public utilities in the manner hereinafter provided, and whenever said mayor and council shall, in the exercise of their authority conferred in this charter, find it necessary to take private property and they cannot agree with the owner or owners thereof as to compensation to be paid, they may take such property upon the following terms: Public utilities and franchises. Municipal bonds. SEC. 27. Said mayor and council shall cause to be served on such owner or owners, or his or their agents, written notice of their intention to condemn such property, which notice must describe the property sought to be used, the time and place, when and where the proceedings

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to condemn such property will be held, which shall not be less than five days from the date of the service of such notice. Condemnation proceedings. SEC. 28. It shall be the duty of the mayor and council to appoint one freeholder in said town, and the owner or owners of the property sought to be condemned, or his or their agents, shall appoint another freeholder; provided, that said owner or owners, or his or their agents, shall fail or refuse such freeholder, then the mayor and council shall appoint a second freeholder and the freeholders appointed in either of the above ways shall elect a third freeholder, and the three freeholders shall, after taking an oath to faithfully discharge their duties, hear all legal evidence offered by the parties and assess the damage or compensation to be paid to the owner or owners of such land, and under their award, which must be signed by at least two of such freeholders. Said award shall then be filed with the town clerk; should the first two freeholders, as above provided for, be unable to agree upon a third, mayor and council shall likewise appoint the third freeholder. SEC. 29. Provided, That either party dissatisfied with the award of the assessors may, within four days after the same is filed, enter an appeal to the Superior Court of Jackson county. The mayor and council may, after payment to owner or owners, or his or their agents, of the sum found by the assessors, proceed to appoint, lay off, straighten, or otherwise change said street, ward, alley or lane, pending an appeal by the owner or owners of any land sought to be condemned for such purposes. Appeals.

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SEC. 30. Be it further enacted, That said mayor and council shall have authority to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious or infectious diseases in said town. Quarantine. SEC. 31. Be it further enacted, That should any person violating any of the ordinances of said town flee from the jurisdiction thereof, he may be apprehended whenever he may be found in this State, and the warrant of the mayor or mayor pro tem of said town shall be sufficient authority for his return and trial upon the charge resting, and all persons escaping from custody of said town may be tried again for such escape and punished not exceeding penalties hereinbefore provided. Fugitives. SEC. 32. Be it further enacted, That said mayor and council shall have power and authority to elect the town marshal, who shall be the chief of police of the town, and as many policemen as in their judgment, street overseer, attorney, town physician, and such other officers as the necessities of the town may demand; they may, by ordinance, prescribe the term of office and the duties of such officers and fix their salaries. Municipal officers. SEC. 33. Be it further enacted, That said mayor and council shall have full power and authority to require the owner of any improved property, his agent or tenant in possession, to provide suitable privy or watercloset accommodations upon such premises as may be prescribed by ordinance by the said mayor and council. Sanitation. SEC. 34. Be it further enacted, That said mayor and council shall have power and authority, by ordinance, to provide suitable regulations on the subject of drainage,

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sewerage and plumbing and all and everything else that may be necessary for the improving of the sanitary condition of said town. Said mayor and council are authorized to lay down sewerage through private property in said town, or outside corporate limits of said town, if such be necessary to the public welfare; provided, before so doing they shall regularly condemn such private property by the method hereinbefore laid down for the taking of private property by the State. Sanitation. SEC. 35. Be it further enacted, That said mayor and council have power and authority to issue bonds of said town in such sums and at such times as they shall see proper, not to exceed in the aggregate at any time the sum of five thousand ($5,000) dollars, and of such denominations and in such amount as they see fit; said bonds not to bear interest at a rate in excess of five per centum per annum, and to run for a greater period than thirty years from their date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue, in the discretion of the mayor and council. Said bonds to be issued, hypothecated and sold for the purpose of maintaining and operating a system of waterworks, system of sanitary sewerage, system of street railways, a system of public schools and the erection and furnishing of the necessary buildings for such school and for street paving. Said bonds shall be signed by the mayor and countersigned by the clerk under the corporate seal of the town, and shall be negotiable in such manner as said mayor and council may determine to be for the best interest of the town; provided, however, that said bonds shall not be issued for the above said purposes until the same shall have been submitted to a vote of the qualified voters of said

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town and approved by two-thirds majority of the qualified voters of said town voting in such election. Municipal bonds. SEC. 36. Be it further enacted, That whenever it is deemed expedient by the mayor and council, they shall order an election to be held in said town for the purpose of determining whether or not there shall be an issue of bonds for any purposes hereinbefore provided, of which election there shall be given thirty days notice by a publication in the organ in which legal advertisements of Jackson are published, or in some paper published in the town of Arcade, and also by publishing a written or printed notice in three public or conspicuous places in said town, stating the day of election, the amount of bonds to be issued, for what purpose they are to be issued, what rate of interest they are to bear, whether the interest is to be paid annually or semi-annually, and when bonds shall be finally paid off. Said election shall be held on the day published in said notice, at such place as may be determined by the mayor and council, which place must be designated in the notice of said election, and shall be held by the same person and in the same manner and under same rules and regulations as for mayor and council; same qualifications of voters of said election shall be required at said election for mayor and council. That the ballots cast at said election shall contain the words for bonds or against bonds, and unless for bonds shall receive a two-thirds majority of all the voters voting at said election, said bonds shall not be issued; but if for bonds shall receive a two-thirds majority, said bonds may be issued. Elections for bonds. SEC. 37. Be it further enacted, That the mayor and council of said town shall provide, by ordinance, such

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rules and regulations as to them may be proper in order to establish and maintain a system of free schools in said town of Arcade, that all fees, forfeitures and costs arising from the police court of said town be used for school purposes. Public schools. SEC. 38. Be it further enacted, That it shall be the duty of the Ordinary of Jackson county to order an election in the town of Arcade within six months after the approval of this Act, or at any time upon a petition of one-fourth of the qualified voters of said town, in reference to the establishing of a free school system as provided for in the foregoing Section of this Act. All persons voting at said election shall have written or printed on their ballots for free schools or against free schools, and if the question shall be decided affirmatively by a two-thirds majority, this Act shall become operative and the mayor and council shall proceed to establish said schools in accordance with the same. Elections for schools. SEC. 39. Be it further enacted, That mayor and council of said town shall have power and authority to grade, pave, macadamize, cover, or otherwise improve the streets and sidewalks, squares, public roads, lanes or alleys in said city with rock, brick, asphalt, or such other material as in the judgment of the mayor and council is most economical and durable. In order to carry into effect the above, said mayor and council shall have the power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary on the real estate abutting on such a street or sidewalks. Said mayor and council

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shall have power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing side drains, crossings, or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved, and one-third on the real estate 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 council, and any street railroad company or other railroad having tracks running through or across the streets of said city shall be required to pave or macadamize or otherwise improve streets in such proportion as the mayor and council may prescribe. Said mayor and council shall have full power and authority to equalize by an ordinance passed for that purpose, the assessments against all real estate for the above purposes as to them seem just and proper, estimating the total cost of each improvement made and prorating the cost thereon on the real estate according to its frontage on the street or portion of the street so improved, or according to the area of said property, either or all, as may be determined by ordinance passed for that purpose. The amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessments. The mayor and council shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate improved and assessed for the amount assessed against the owner at the date of the ordinance making such assessments, which execution may be levied by the marshal

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or any policeman of said town on such real estate, and after advertising and other proceedings, as in case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal, policeman acting for him, shall have authority to eject occupants and put purchaser in possession, provided, the owner of such 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, together with all cost, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Jackson county and there tried and the issue determined, as in cases of illegality filed for the purposes of delay only. The mayor and council shal have power and authority to pave the whole surface of the streets, without giving any railroad or street railroad company, or other property holder occupant of the street the option of having the space to be paved by themselves or by contract at his or her instance, the object being to prevent delay and secure uniformity. The lien for assessments on abutting and on street railroads and other railroad companies for street or sidewalk paving, curbing, macadamizing, gradings 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 work in each instance. Said mayor and council shall have power and authority to prescribe, by ordinance, such other rules as they, in their discretion, think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks and alleys of said city and to collect the cost thereof by execution

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against the adjacent property owner and railroad companies or other occupants of the streets or alleys of said town. Assessments for street improvements. SEC. 40. Be it further enacted, That should the mayor and council determine, in accordance with the provision hereinbefore made, to issue bonds for any of the purposes hereinbefore set out, then they shall have power and authority in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax not to exceed one per centum per annum sufficient to pay off said bonds, with all interest and charges on the same within the period which said bonds have to run, and it shall be the duty of said mayor and council, in the published notice of any election for the issuance of any bonds for any of the purposes herein provided, to state the amount of annual tax it will be necessary to levy and collect to pay the same. Tax to pay bonds. SEC. 41. Be it further enacted, That any officer of the said corporation of the town of Arcade who may be sued for any act or thing done in his official capacity may be justified under this charter, and that the provision of this charter may be pleaded and shall be a full defense to any action brought against the mayor and council of said town, or either of them, for any act or acts done by them, under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Protection of officers. 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, 1909.

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ATHENS, CITY OF, PUBLIC HOSPITAL ESTABLISHED. No. 261. An Act to amend an Act establishing a charter for the city of Athens, approved August 24, 1872, and the several Acts amendatory thereof, so as to provide for the establishment in said city of a public hospital; to provide a method for raising funds with which to establish and maintain the same, by the issuance of city bonds or otherwise; to provide for the rules and regulations under which the same shall be governed; to provide for the passage of all needful ordinances relating to the establishment, maintenance, equipment and conduct of said hospital; to confer additional powers upon the authorities of the city of Athens, 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 entitled An Act to amend the charter of the town of Athens and the various Acts amendatory thereof, approved August 24, 1872 (Acts of 1872, page 127) and the several Acts amendatory thereof be, and the same is, hereby amended so as to confer upon the mayor and council of the city of Athens the power and authority hereinafter set forth, and to add to the charter of Athens the several Sections herein contained. Athens. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Athens shall have full power and authority to establish and maintain a hospital or sanitarium in or near the city for the purpose of receiving patients afflicted with any

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disease or complaint, and for the purpose of treating said patients and performing such surgical operations as may be necessary, and to maintain and support the same at the public expense. Hospital. SEC. 3. Be it further enacted by the authority aforesaid, That the said mayor and council shall have full power and authority to acquire by gift, purchase or otherwise any and all lands that may be necessary for the purpose of establishing said hospital or sanitarium, and said lands may be acquired either within or without the corporate limits of the city of Athens; provided, said hospital or sanitarium shall not be established or maintained at a distance exceeding five (5) miles from the city hall of said city. Lands for hospital. SEC. 4. Be it further enacted by the authority aforesaid, That the said mayor and council shall appropriate no money whatever for establishing or maintaining said hospital or sanitarium without first submitting the question to a vote of the qualified voters of the city of Athens at an election to be held for such purpose, and it shall be necessary for a majority of the qualified voters of the city of Athens whose names appear on the registration list and who were entitled to vote at the last regular election held in said city, to vote in favor of a hospital before the said mayor and council shall be empowered to make any appropriation for such purpose. Election for hospital. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to vest the government and conduct of said hospital or sanitarium in a board of trustees to consist of the mayor of said city, the chairman of the health committee of said council, represented for the

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time being, and six citizens of said city to be selected by the said mayor and council for such terms as they shall determine. Board of trustees. SEC. 6. Be it further enacted by the authority aforesaid, That the said board of trustees shall have full power and authority to make all rules and regulations that may be necessary and proper for the government and conduct of said hospital or sanitarium, subject to the approval of said mayor and council. Powers of board. SEC. 7. Be it further enacted by the authority aforesaid, That the said mayor and council are hereby authorized to issue bonds of said city to the amount not exceeding $50,000 for the purpose of establishing and equipping said hospital or sanitarium, provided that the consent of the qualified voters of said city to the issuance of said bonds is first obtained in the manner provided by the constitution and laws of this State. Bonds. SEC. 8. Be it further enacted by the authority aforesaid, That the said mayor and council shall have full power and authority to enact all ordinances that may seem to them necessary, reasonable and proper for the establishment, maintenance and equipment of said hospital or sanitarium. Ordinances. SEC. 9. Be it further enacted by the authority aforesaid, That the said board of trustees may by rules declare what patients shall be admitted into said hospital or sanitarium and treated therein free of charge, and also what patients shall be admitted and treated therein and charged for the admission and service therein rendered, and to fix the amount of the charge so made. Patients.

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SEC. 10. Be it further enacted by the authority aforesaid, That there is hereby conferred upon the mayor and council of the city of Athens all the power and authority necessary and proper for the establishment of a hospital or sanitarium for the treatment of patients afflicted with any and all diseases, and for the performing of any and all surgical operations upon patients, and said mayor and council shall have full authority and power to do and perform any and all acts necessary and proper to that end, and to provide for the establishment, maintenance and support of said hospital or sanitarium by a tax levied upon the property and avocations carried on in said city; provided, that said mayor and council may provide different hospital or sanitarium for the treatment of contagious diseases whenever, in their discretion, it is best to separate such patients from other patients, and authority is hereby conferred to establish and maintain one or more hospitals for the purpose aforesaid; provided, further, that nothing in this Act contained shall ever be construed to authorize the mayor and council of the city of Athens to levy an advalorem tax on the property in said city at any greater rate per cent. than that authorized by the present charter of said city. Maintenance and control of hospital. 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 16, 1909.

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ATLANTA, CITY OF, LIMITS EXTENDED. No. 228. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 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 of Southern 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 line 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 Northern lines of land lots 241 and 242 of the 15th district of DeKalb county to the East line of land lot 242 of said district; thence South along the East line of said land lot 242 to the Northwest corner of land lot 238 of said district; thence East along the North line of said land lot 238 to a point directly North of a point on the South line of the right of way of the Georgia Railroad and Banking Company, which point

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is immediately opposite and South of the line between the land of M. H. Hayes and Mrs. S. A. Hull, being a point fixing the boundaries of the town of Edgewood under Act approved August 27, 1906; thence directly South, in a straight line to said point on said right of way; thence Westerly along the South line of said right of way to the center of Clay street; thence South along the center of Clay street to the North line of the right of way of Georgia Railway and Electric Company; thence in a Westerly and Southerly direction along the North line of said right of way to a point 200 feet South of Boulevard, DeKalb; thence West in a line parallel with Boulevard DeKalb and 200 feet South thereof to the East land lot line of land lot 208 of said 15th district; thence South along the East land lot lines of land lots 208, 177, 176, of said 15th district to the Southeast corner of said land lot 176; thence West along the South land lot line of said land lot 176 to the Southwest corner thereof; thence North along the West land lot lines of said land lots 176 and 177 to a point 200 feet South of Glenwood avenue; thence Westerly in a line 200 feet South of and parallel with said Glenwood avenue to the East line of the right of way of Atlanta and West Point Railroad Company; thence in a Southwesterly direction along the Southeast line of said right of way to a point 500 feet East of Hill street; thence South in a line parallel with Hill street to the North line of the right of way of the Southern Railroad Company; thence Northwesterly along the North line of said right of way to a point opposite the South line of Milton Reed avenue; thence Westerly to and along the South line of Milton Reed avenue to its terminus;

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thence Westerly to the South line of Brown street at its Eastern terminus; thence Westerly along the South side of Brown street to West land lot line of land lot 56, 14th district of Fulton county; thence North along said West land lot line to the corporate limits of the city of Atlanta as fixed by the Acts of 1908, or the South line of the right of way of the Atlanta and West Point Belt Line Railroad Company; thence in a Westerly direction along the South line of said right of way to the corporate limits of Oakland City; thence Southwesterly along said limits to the East line of land lot 120 of the 14th district; thence extending South along the East land lot line of land lots 120, 121 and 122 to a point exactly East of the Southeast corner of Oakland City; thence extending in a straight line in a Westerly direction to said Southeast corner; thence along the corporate limits of Oakland City, being the South and West boundaries thereof to their intersection with the East line of land lot 138, said 14th district; thence North along said East line to the Northeast corner of said land lot 138; thence West along the North line of said land lot 138 to the Northwest corner thereof; thence North along the West land lot lines of land lots 139 and 140, said district, to Gordon street; thence Northwesterly along Gordon street to West Hunter street, and Westerly along West Hunter Street to West land lot line of land lot 148, said 14th district; thence North along the West land lot lines of land lots 148 and 147 to the Northern boundary line of Battle Hill; thence East along said Northern boundary line to the terminus thereof, and thence in a line projecting East in line with said Northern boundary to the West line of

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the right of way of the L. N. Railway Company; thence Northerly along the West line of said right of way to its intersection with the West land lot line of land lot 113, said 14th district; thence North along the West land lot line of land lots 113 and 189, said 14th district, to the South line of the right of way of the Western and Atlantic railroad; thence Southeasterly along the South line of said right of way to Marietta road; thence Easterly along Marietta road to Brown street; thence Northerly along Brown street to Emmett street; thence East along Emmett street to Howell mill road; thence Northerly along Howell Mill road to the South line of right of way of Southern Railway Company; thence Northeasterly along the South line of said right of way to a point 200 feet North of 14th street; thence Easterly in a line two hundred feet North of and parallel with 14th street to a point 200 feet West from the West side of East street; thence North in line parallel with East street and two hundred feet West thereof to a point West of East street, and in line with the North line of Woods avenue of 16th street if extended thereto; thence East along said projected line and the North line of Woods avenue or 16th street to a point of 600 feet East of the West line of land lot 108, 17th district of Fulton county; thence due North to the North line of land lot 109, said 17th district; thence due East to the beginning point. To extend the jurisdiction of the city of Atlanta over all of said territory and make all the ordinances thereof binding upon persons and property in said territory; to authorize the mayor and general council to re-district the city so as to include all of said territory in one or more of the wards

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thereof; and to make such changes and pass such ordinances as may be necessary or advisable in readjusting the city limits as herein extended, 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 the limits of the city of Atlanta be extended beyond the limits as now defined, or added to, so as to take in new territory between the present limits and the following boundary lines, and to incorporate all the inhabitants within the following territory within the limits of the city of Atlanta: Commencing at a point on the Northern line of land lot No. 109, of the 17th district of Fulton county, where 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 of the Southern 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 the same crosses the North line of land lot No. 17; thence due East along the North line 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 241 and 242, of the 15th district of DeKalb county, to the East line of land lot 242, of said district; thence South along

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the East line of said land lot 242 to the Northwest corner of land lot 238 of said district; thence East along the North line of said land lot 238 to a point directly North of a point on the South line of the right of way of the Georgia Railroad and Banking Company, which point is immediately opposite and South of the line between the land of M. H. Hayes and Mrs. S. A. Hull, being a point fixing the boundaries of the town of Edgewood under Act approved August 27, 1906; thence directly South in a straight line to said point on said right of way; thence Westerly along the South line of said right of way to the center of Clay street; thence South along the center of Clay street to the North line of the right of way of Georgia Railway and Electric Company; thence in a Westerly and Southerly direction along the North line of said right of way to a point 200 feet South of Boulevard DeKalb; thence West in a line parallel with Boulevard DeKalb and 200 feet South thereof to the East land lot line of land lot 208 of said 15th district; thence South along the East land lot lines of land lots 208, 177, 176, of said 15th district, to the Southeast corner of said land lot 176; thence West along the South land lot line of said land lot 176 to the Southwest corner thereof; thence North along the West land lot lines of said land lots 176 and 177 to a point 200 feet South of Glenwood avenue; thence Westerly in a line 200 feet South of and parallel with said Glenwood avenue to the East line of the right of way of Atlanta and West Point Railroad Company; thence in a Southwesterly direction along the Southeast line of said right of way to a point 500 feet east of Hill street; thence South in a line parallel with Hill street to the North line of the right of way of the Southern Railroad Company;

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thence Northwesterly along the North line of said right of way to a point opposite the South line of Milton Reed avenue; thence Westerly to and along the South line of Milton Reed avenue to its terminus; thence Westerly to the South line of Brown street at its Eastern terminus; thence Westerly along the South side of Brown street to West land lot line of land lot 56, 14th district of Fulton county; thence North along said West land lot line to the corporate limits of the city of Atlanta, as fixed by the Acts of 1908, or the South line of the right of way of the Atlanta and West Point Belt Line Railroad Company; thence in a Westerly direction along the South line of said right of way to the corporate limits of Oakland City; thence Southwesterly along said limits to the East line of land lot 120, of the 14th district; thence extending South along the East land lot line of land lots 120, 121 and 122 to a point exactly East of the Southeast corner of Oakland City; thence extending in a straight line in a Westerly direction to said Southeast corner; thence along the corporate limits of Oakland City, being the South and West boundaries thereof to their intersection with the East line of land lot 138, said 14th district; thence North along said East line to the Northeast corner of said land lot 138; thence West along the North line of said land lot 138 to the Northwest corner thereof; thence North along the West land lot lines of land lots 139 and 140, said district, to Gordon street; thence Northwesterly along Gordon street to West Hunter street, and Westerly along West Hunter street to West land lot line of land lot 148, said 14th district; thence North along the West land lot lines of land lots 148 and 147 to the Northern boundary line of Battle Hill; thence East

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along said Northern boundary line to the terminus thereof, and thence in a line projecting East in line with said Northern boundary to the West line of the right of way of the L. N. Railway Company; thence Northerly along the West line of said right of way to its intersection with the West land lot line of land lot 113, said 14th district; thence North along the West land lot line of land lots 113 and 189, said 14th district, to the South line of the right of way of the Western and Atlantic railroad, thence Southeasterly along the South line of said right of way to Marietta road; thence Easterly along Marietta road to Brown street; thence Northerly along Brown street to Emmett street; thence East along Emmett street to Howell Mill road; thence Northerly along Howell Mill road to the South line of right of way of Southern Railway Company; thence Northeasterly along the South line of said right of way to a point 200 feet North of 14th street; thence Easterly in a line two hundred feet North of and parallel with 14th street to a point 200 feet West from the West side of East street; thence North in a line parallel with East street and two hundred feet West thereof to a point West of East street, and in line with the North line of Woods avenue, or 16th street, if extended thereto; thence East along said projected line and the North line of Woods avenue, or 16th street, to a point of 600 feet East of the West line of land lot 108, 17th district of Fulton county; thence due North to the North line of land lot 109, said 17th district; thence due East to the beginning point. Atlanta; corporate limits. SEC. 2. 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

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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. Act effective January 1, 1910. SEC. 3. That the mayor and general council of the city of Atlanta shall, during the year 1909, re-district 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 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 boards and commissions of the 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 fire, sanitation, schools, and any and all other public purposes served or to be served by the city of Atlanta. Municipal wards. SEC. 4. 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 effective 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

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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. Municipal jurisdiction. SEC. 5. 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 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. Jurisdiction of justice courts. SEC. 6. That an election shall be held, during the year 1909, at which one alderman and two councilmen shall be elected from each ward, if vacancies exist, as redistricted under charter amendments of 1908; and this amendment provided that no alderman or councilman now serving shall be deprived of the full term of service which he is now serving; provided, further, that each alderman and councilman shall continue to serve the city, during the balance of his term from the ward from which he was originally elected in the re-districting of the city, unless this method gives such ward more than

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one alderman and two councilmen, in which event, the alderman or councilman shall continue to represent such ward as may be provided by ordinance of mayor and general council, to the end of his present term. The purpose of this amendment is to provide one alderman and two councilmen for each of the wards of the city, to serve for the terms provided by the existing charter, except that in the re-districting of the city the foregoing provisions shall be observed as to representation so as to preserve the present terms of alderman and councilmen. In said election, the citizens from any of the territory annexed under the foregoing provisions shall be eligible to be voted for any positions to be filled in said elections, aldermen, councilmen, or any other city officer, subject to the restrictions applying to other citizens. Election of aldermen and councilmen. SEC. 7. That the city of Atlanta, in taking over the territory and property of the town of Oakland City, shall be bound to the following terms and conditions: 1st. All the indebtedness of Oakland City, existing on January 1st, 1910, shall be assumed by the city of Atlanta, and all the property, real and personal, money, choses in action, belonging to Oakland City, or any interest it has in such property, shall pass to and vest in the city of Atlanta on Jaunary 1st, 1910. Oakland city. SEC. 8. The police officer now serving Oakland City shall, and by virtue of this Act is made a part of, and a member of, the department of police of the city of Atlanta, on and after January 1st, 1910, at the same pay as the other patrolmen of the said department, and he shall not be required to stand the examination or otherwise conform to the rules, ordinances or charter provisions governing eligibility or membership in said

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department, and, after said annexation, he shall be recognized as a regular member thereof, and shall, also, be credited with the years of service heretofore rendered in Oakland City, as if rendered in Atlanta, and shall receive such honors, positions, pensions, and other privileges attending long service, same being based upon his former service in Oakland City, provided, that except as hereinbefore provided, said police officer shall be subject to all laws, now in force or which may hereafter be enacted with reference to the police department of the city of Atlanta, and to all rules and regulations of said department. Police officer of Oakland City. SEC. 9. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1909. ATLANTA, CITY OF, CHARTER AMENDED. No. 13. An Act to amend an Act to establish a new charter for the city of Atlanta, approved February 28th, 1874, and the 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 February 28th, 1874, and the several Acts amendatory thereof, be, and the same are, hereby amended as follows: SECTION 1. Councilmen or members of the board of council of the city of Atlanta are hereby declared to be eligible to succeed themselves for one term; in such

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event, such councilmen shall be ineligible to succeed such service by serving in the position of aldermen. Councilmen may now succeed themselves by election to the position of alderman, and aldermen are likewise eligible to succeed themselves by election to the position of councilmen, but the added service provided by this amendment shall not secure to any one alderman a longer term of continual service than five years. Atlanta. Terms of service of aldermen and councilmen. SEC. 2. The mayor and general council of the city of Atlanta are hereby authorized and empowered, in their discretion, to pave or re-pave any of the streets or portions of streets or public places of the city with broken stone and chert, or chert and macadam, or similar pavement, provided the assessment upon abutting property owners will not exceed the sum of thirty (30) cents per front foot on streets thirty feet in width; forty (40) cents per front foot on streets forty feet in width, and fifty (50) cents per front foot on streets fifty feet in width, without petition therefor by said abutting property owners, the laying of this character of street pavement being left entirely to the discretion of the mayor and general council, provided, that any resolution seeking to pave a street or public place with the pavement above described shall not be passed when first introduced, but shall thereupon be referred to the committee on streets, and the clerk of council shall advertise same, one time in one of the daily newspapers of the city, at least ten days before the final passage of such resolution, such advertisement giving notice of the intention of such resolution, the street, public place or portion thereof, proposed to be paved, the probable cost per front foot, and the property owners or others interested shall therein be notified to appear at the regular

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meeting of the General Council to be held following said advertisement and make such objections as they may desire to urge. Any property owner or other person interested desiring to make objections shall arise in the council chamber, State his name and residence, the cause of his presence, and shall thereupon be recognized and permitted to State his objections to the proposed pavement, observing all appropriate rules of the general council. If no objections are made, then the general council shall have the right, in their discretion, to pass such resolution; if objections are made, the General council shall have the right, in their discretion, to adjudge same sufficient or insufficient, and if they find same insufficient, they are hereby empowered and authorized to order such pavement laid. When laid an ordinance shall be passed assessing the cost thereof in accordance with the provisions of this Section, and the amount thereof shall thereupon become a lien on the property of abutting property owners to the amount of the sum named in said ordinance, according to the front feet of such property owners, the total cost of such pavement shall not exceed the sums above named. The city shall pay one-third of the cost of all pavement laid under the provisions of this amendment and the remainder of the cost thereof shall be assessed against the abutting property owners, as above prescribed; provided, that any street railway company having tracks running through any street, public place or portion thereof paved under the provisions of this Section shall be required to pay the whole cost of paving or repaving or otherwise improving the street, under the provisions of this amendment, for the full distance of eleven feet in width of any street, portion of street, paved or repaved

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under the provisions of this Section, and the assessing ordinance shall so assert the lien and declare same at the time other assessments are made, and, in case the street railway company shall construct a track in any street, public place or portion of street after same has been paved under the provisions of this Section it shall likewise pay for the paving, eleven feet in width of such street, public place or portion of street occupied by its tracks, according to the value of the pavement at the time, to be adjudged alone by the mayor and general council. Such payment shall be distributed between the owners of property abutting thereon at the time such pavements are laid, in proportion to the amounts originally paid by the owners of property at the time the pavement was laid. In all cases where streets, public places or portions of streets are paved on which street railway companies have tracks and the foregoing provisions with reference to the payment of the cost of paving or improving such street, public place or portion of street are applied and the cost of paving or repaving eleven feet thereof assessed against the street railway company, then and in such event, the total cost of pavement of such street, public place or portion thereof, shall not be assessed against the abutting property owners but such abutting property owners shall only be assessed for the cost of such pavement after deducting the cost of paving, repaving or improving assessed against the street railway company, as heretofore provided, less also the sum paid thereon by the city, to-wit: One-third of such balance, that is to say, when such pavement is laid or re-laid the street railway company shall be assessed for eleven feet thereof, the city will pay one-third of the remaining

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cost and the balance thereof shall be assessed against the owners of property abutting thereon according to frontage, but shall in no avent exceed the sums above named. Street improvements. SEC. 3. That the provisions of the present charter providing for the position of commissioner of public works and city engineer, found in Section 163 of the charter of the city as published in the city Code of 1899, and all provisions in the other Sections of the city charter referring to office of commissioner of public works, to-wit: 164, 165, 166, 167 and 168 of said Code and the city engineer, to-wit: 208 of said Code and any other Sections not being enumerated, be amended by striking the names of commissioner of public works and city engineer therefrom and inserting in lieu thereof the name of chief of construction. The position of chief of construction is hereby created, and this office shall have all the power and authority heretofore given the offices of city engineer and commissioner of public works, and all such work as paving, sewers, curbing, sidewalks, repairing of same, engineering work, grades and any and all work of authority now vested in either commissioner of public works or department of engineering shall hereafter be vested and exercised by the chief of construction; no one shall be eligible therefore unless he be a competent civil engineer, of ten years practical experience and the mayor and general council are hereby authorized to fix the salary of said office for a sum not exceeding five thousand dollars per annum. Chief of construction. Said chief of construction shall have authority to appoint his assistants, but the mayor and general council

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have authority to decide how many assistants he shall have and the salaries of such assistants, but at least the following assistants are hereby created for said chief of construction, to-wit: One in charge of sewers, one in charge of streets, one in charge of sidewalks, one in charge of repairs, one in charge of stockade. Assistants. SEC. 4. The mayor and general council shall, by appropriate amendments to existing ordinances, provide for the consolidation of all the duties now divided, by ordinances, to the two departments of commissioner of public works and city engineer, and same are consolidated into one department thereby creating chief of construction department, and the offices of commissioner of public works and city engineer of the city of Atlanta are hereby abolished. Departments of commissioner of public works and city engineer consolidated. SEC. 5. That Sections 3, 4, 5, and 6, of the amendment to the charter of the city of Atlanta, approved August 17, 1908, published in the Georgia Laws of 1908 on pages 397, 398, and 399, providing for the issuance of sewer bonds, water bonds, school bonds, naming the amount of each, their term interest, etc., and a bond commission to handle the proceeds thereof be, and the same are, hereby repealed. Said city shall hereafter issue and sell bonds under the provisions of the general laws of the State, and where an issue of bonds is desired and the purposes thereof are legal and the amount proposed is not in excess of the Constitutional limit the mayor and general council shall call an election therefor by ordinance, observing, as to notice, time, place and manner of election, voting and declaring of result and all other formalities as provided by law, the general laws governing same. Bonds.

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SEC. 6. The mayor of the city of Atlanta is hereby made eligible to succeed himself in the office of mayor for one term only and shall be ineligible to succeed himself after serving two terms and the following language: That he shall be ineligible for the succeeding term, found in Section twenty of the charter of the city of Atlanta, published in the city Code of 1899, and all other provisions in said charter in conflict with this amendment be, and the same are, hereby repealed. Terms of mayor. SEC. 7. The mayor and general council of the city of Atlanta are hereby authorized and empowered in their discretion, to increase the salaries of the city tax assessors and receivers beginning with July 1st, 1909, from $2,400.00 to $3,000.00, per annum, payable monthly. This authority is especially given because of general prohibition in the present charter of the city against increasing any salary of any officers during his term of office and providing that all salaries must be fixed during the year preceding the election of such officer and the general council desire to increase the salaries of the above officers and some of them must be elected during the present year and therefore this amendment is authorized. Salaries of tax assessors and receivers. SEC. 8. That all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Approved August 2, 1909. ATLANTA, CITY OF, CHARTER AMENDED. No. 159. An Act to amend an Act establishing a new charter of the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof by extending the

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limits of said city, so as to annex the following territory: Commencing at the northwest corner of land lot 138 of the 14th district of originally Henry, now Fulton, county, Georgia, and running thence west and along the north line of land lot 151 of said district, one thousand feet, thence in a straight line northerly to the southeast corner of the Westview Cemetery property, near Gordon street; thence northerly and along the line of Westview cemetery property to the center of Gordon street; thence southeasterly along the center of Gordon street to the east line of land lot 149 of said district; thence south and along the east line of land lots 149 and 150 to the point of beginning: To extend the jurisdiction of the city of Atlanta over all of said territory and make all the ordinances thereof binding upon persons and property in said territory; to authorize the mayor and general council to redistrict the city so as to include all of said territory in one or more of the words thereof; and to make such changes and pass such ordinances as may be necessary or advisable in readjusting the city limits as herein extended; to ratify the franchises and privileges heretofore granted by the city of Atlanta to the Piedmont Power Company, 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 February 28, 1874, and the several Acts amendatory thereof be, and the same are, hereby amended as follows: SECTION 1. That the limits of said city be extended beyond the limits as now defined, so as to include and

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annex thereto the territory included in the following boundary: Commencing at a point on the south line of the West Wood Park Company's property where said south line crosses the west line of land lot 139 of the 14th district of originally Henry, now Fulton, county, Georgia, and running thence west along said south line one thousand feet; thence in a northerly direction and in a straight line to the southeast corner of the Westview Cemetery Company's property near Gordon street; thence northerly and along the line of Westview Cemetery Company's property to the center of Gordon street, thence southeasterly and along the center of Gordon street to the west line of land lot 140 of said district; thence south to the point of beginning. Atlanta. Corporate limits. SEC. 2. That the power and authority of the city of Atlanta under its present charter and ordinance and all laws appertaining to the city of Atlanta as a municipality are hereby extended over and made effective 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 execution 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

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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 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. Municipal jurisdiction. SEC. 3. Be it further enacted by the authority aforesaid, That the franchises and privileges heretofore granted by the city of Atlanta to the Piedmont Power Company, of Atlanta, are hereby ratified. Franchises to the Piedmont Power Company. SEC. 4. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1909. AUGUSTA, CITY OF, CHARTER AMENDED. No. 5. An Act to authorize the city council of Augusta to acquire by condemnation or other proceedings fee simple title to any real property in the city of Augusta, or the county of Richmond, which may be necessary for the laying of water pipes, or for enlarging, extending or improving the water system of said city, or for the protection of said city or county from damage by floods and freshets, 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 city council of Augusta be, and it is, hereby authorized to acquire by condemnation or other

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proceedings fee simple title to any real property in the city of Augusta, or county of Richmond, which may be necessary for the laying of water pipes, or for enlarging, extending or improving the water system of said city, or for the protection of said city or county from damage by floods and freshets, and for other purposes. Augusta: Protection against floods. SEC. 2. Be it further enacted by the authority aforesaid, That said city council of Augusta is hereby authorized and empowered to condemn any private property that may be necessary for the purpose of laying water pipes, or for enlarging, extending or improving the water system of said city, or for the protection of said city or county from damage by floods and freshets, and for other purposes as provided in the first Section of this Act; provided, however, that said condemnation or taking of private property for the purposes aforesaid, shall be done in accordance with the Act of the General Assembly of Georgia, approved December 18th, 1894, entitled, An Act to provide a uniform method of exercising the right of condemning and taking or damaging of private property, and Acts amendatory thereof. Condemnation proceedings. SEC. 3. Be it further enacted by the authority aforesaid, That nothing contained in the Act hereinabove set forth shall be construed to repeal the Act approved March 2d, 1875, entitled, An Act to authorize the city council of Augusta to enter upon and use the ground, or soil under any railroad, road, highway, street, lane, alley, or private lot or premises, for the purpose of laying water pipes, or enlarging, extending, or improving the water works of the city of Augusta, and providing for the assessment of damage to the same, and for other purposes. Highways, streets and railroads.

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SEC. 4. Be it further enacted, That all laws and parts of laws, except as hereinabove set forth, militating against this Act be, and the same are, hereby repealed. Approved July 27, 1909. AUGUSTA, RIVER AND CANAL COMMISSION, FOR PROTECTION OF. No. 6. An Act to create a river and canal commission for the protection of the city of Augusta, to define its powers, duties, and authority, and to provide for the election of members of said 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 authority of the same, That there shall be established a flood commission in the city of Augusta, in this State, with full power and authority to adopt plans for the protection of the city of Augusta, from damage by floods and freshets, and to execute such plans in such manner and on such terms as may seem proper and advantageous to said commission. Atlanta. Flood commission established. SEC. 2. That said commission is hereby invested with power and authority, forthwith to provide for the construction of any embankments, levees or other means of protection to said city and county from floods and freshets, at and along the river front of said city, and at and along the banks of the canal now owned and operated by the city council of Augusta, in said city

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and county; to raise and strengthen the banks of said canal, and generally to adopt and execute such plan or plans of protection against floods as may be advantageous and feasible. Powers of commission. SEC. 3. The first commissioners under this Act shall be F. B. Pope, Thomas Barrett, Thos. S. Gray, Chas. Estes, Wm. B. Young, E. G. Kalbfleisch, Austin Branch and James T. Bathwell, ex-officio the mayor of the city of Augusta, and ex-officio the city attorney of the city of Augusta, and ex-officio the commissioner of public works of the city of Augusta. Commissioner appointed. SEC. 4. The mayor, the city attorney and the commissioner of public works shall hold as ex-officio, and upon the expiration of their terms of office their membership on the commission shall cease as soon as their successors in office shall have been chosen, and the other named members of said commission shall hold during the life of this commission. Ex-officio commissioners. SEC. 5. That upon the death or resignation of any member of said commission, the mayor shall have authority, and it shall be his duty, to appoint a successor to fill the vacancy. Vacancies. SEC. 6. That said commission, composed as hereinabove set forth, shall have full power and authority to adopt any plan or scheme looking to the most ample protection of the city of Augusta from floods and freshets, at and along the river front of said city, and at and along the banks of the canal now owned and operated by the city council of Augusta, in said State and county, and generally to adopt such mode of protecting said city, as in their judgment they may deem most feasible. Plans for protection of city.

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SEC. 7. That said commission shall have the power after adopting such plan or scheme as their judgment may suggest for the most ample protection of the city of Augusta as aforesaid from the recurrence of flood or freshet, to recommend to the city council the passage of an Act appropriating funds to carry out such plan or scheme; said commission being invested further with the power to recommend to the city council of Augusta, a plan for financing such scheme, as they may determine to the best interest of the city of Augusta to adopt. Recommendations of commission. SEC. 8. That such portions of the charter of the said city, and such portions of the ordinances of said city, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1909. AUSTELL, TOWN OF, CHARTER AMENDED. No. 251. An Act to amend an Act entitled, An Act to amend, consolidate and supersede the several Acts incorporating the town of Austell in the county of Cobb, to create a new charter for said town, to create a municipal government therefor, and to declare the rights and powers of such corporation and for other purposes, Act of 1905, page 620, et sequor, approved August 24th, 1905, by dividing the tax of fifty cents on each one hundred dollars worth of property in Section 12 of said Act into sub-divisions, and by striking for general purposes of said town in ninth and tenth lines of Section 12 and by changing the bonds authorized in Section thirty from two thousand

Page 559

($2,000) dollars to twenty-five thousand ($25,000) dollars and adding to the purpose for which said bonds are to be issued, the purposes a sewerage system and waterworks, and by changing the denomination of said bonds from one hundred ($100) dollars to one thousand ($1,000) dollars each, 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 Act of the General Assembly of 1905, page 620, et sequor, consolidating and superseding the Acts incorporating the town of Austell in Cobb county, Georgia, be, and the same is, hereby amended as follows: After the word cents and before the word on in the fifth line of Section 12, insert the words ten cents for sanitary purposes, thirty cents for street purposes and ten cents for general purposes, making not more than a total levy of fifty cents, so that said Section when amended shall read as follows: Austell: SEC. 12. Be it further enacted, That the mayor and council shall have authority to make such contracts as they may deem necessary for said town; to purchase, hold and sell real and personal property. They shall have authority to levy and collect a tax of not exceeding fifty cents, ten cents for sanitary purposes, thirty cents for street purposes and ten cents for general purposes, making not more than a total levy of fifty cents on one hundred dollars upon all property real and personal, within the corporate limits of said town and upon all money and choses in action, whose owner resides within the corporate limits of said town which are subject to

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taxation by the laws of said State, and in addition thereto, they are authorized to levy and collect a tax for school purposes, and to pay the interest on school bonds, and create a sinking fund for the redemption of said bonds equal to the taxes authorized to be levied for said purposes under this Act. All expenditures of the mayor and council including the salaries of the town officers shall be paid out of the general fund of said town, upon the order of the mayor and council by warrant drawn by the clerk of council upon the town treasurer, and countersigned by the mayor or in his absence by the mayor pro tem. The councilmen shall each receive a salary of not more than six ($6.00) dollars per annum, payable annually. Taxes. SEC. 2. Be it further enacted by the authority aforesaid, That Section 30, page 634 of said Act, be amended and the same is hereby amended by adding after the word same in the seventh line of said Section and before the word and in said line, the words and for water works, and a sewerage system and by striking the expression two thousand ($2,000) dollars in the ninth line, and substituting therefor the words and figures twenty-five thousand ($25,000) dollars, and by striking the expression one hundred ($100) dollars in the tenth line of said Section, and inserting in lieu thereof the words and figures one thousand ($1,000) dollars, so that said Section when amended shall read as follows: SEC. 30. Be it further enacted, That the mayor and council of said town be, and they are, hereby authorized and empowered to hold an election as soon after the passage of this Act as they may

Page 561

decide, to determine the question of creating a bonded debt for the purpose of organizing and maintaining a fire department, and the improvement of the streets and sidewalks of said town, and to lay out, open, alter or change the same, and for waterworks and a sewerage system, and for the permanent improvement of said town, not to exceed in the aggregate twenty-five thousand ($25,000) dollars, the bonds to be of the denomination of one thousand ($1,000) dollars each, to be due and payable as follows: Five (5) of said bonds shall become due at any time within ten years after issue, and annually thereafter one of the remaining shall become due until all of said bonds shall have matured. Said bonds when issued shall bear interest not to exceed six per cent. per annum payable annually. Said mayor and council is hereby authorized to provide at or before the incurring of said indebtedness for the assessment and collection, an annual tax sufficient in amount to pay the principal and interest of said debt as the same falls due, such portion as may be necessary to be set apart as a sinking fund with which to pay said bonds at their maturity. The tax hereby authorized and required to be levied shall be in addition to that levied under this Act for public school bonds and for general purposes. Bonds for municipal improvements. 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 16, 1909.

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AVALON, TOWN OF, INCORPORATED. No. 40. An Act to incorporate the town of Avalon, in the county of Stephens, 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 Avalon, in the county of Stephens, be, and the same is, hereby incorporated under the name of Avalon, by which name it may sue and be sued, plead and be impleaded. Avalon, 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 Elberton Southern Railway, as now located in said town, the said depot being made the center of said town. Corporate limits. SEC. 3. Be it further amended, That said town shall be officered and its corporate affairs directed and controlled by the Mayor and five councilmen, whose terms of office shall be two years, and who shall serve until their successors are elected and qualify, and who shall be elected by the qualified voters of said town. Any person residing in 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, and eligible to hold any office of said town. The first election under this Act for mayor and councilmen shall be held on the first Saturday in January, 1910, and regular elections for officers of said town shall be held on the first Saturday in January each two years thereafterwards. Said elections shall be held and conducted as are elections for members of the General Assembly. Mayor and councilmen. Elections.

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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 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 by the residents of said town subject to road duty, and to levy such a road tax as they may deem for the best interest of said 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 Constitution of this State; to punish by fine or imprisonment, or both, in the discretion of the mayor, or by any member of council in the absence of the mayor, and they are hereby clothed with authority to try offenders against the ordinances of said town, and are hereby empowered to punish such offenders by a fine not more than $50.00, to imprison in the town prison not more than thirty days, or by work on the public roads of said town for not more than thirty days, or any one or more of said punishments. The mayor and council shall have the power to fix the costs in all cases of violation of the ordinances of said town, and upon conviction, said cost shall be taxed against the offender so convicted. Municipal powers. SEC. 6. The mayor, and in his absence a member of the council, shall preside over the council, and the presiding officer shall vote only in case of a tie vote.

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SEC. 7. The said mayor and council shall have power and authority to levy taxes for the support of the government of said town not to exceed one-half of one mill, and they shall fix the compensation of the mayor, councilmen, and all other employees of said town. Taxing power. 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 9, 1909. BLAKELY, DISPENSARY IN ABOLISHED. No. 7. An Act to wind up the affairs of the dispensary in Blakely; to abolish the board of commissioners formerly created for said dispensary; to provide for the transfer and disposition of the property held in connection with said dispensary, 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 body corporate hitherto known as the board of commissioners of dispensary in Blakely be and the same is hereby dissolved; that the title to all property, real, personal, or mixed, standing in the name of said board of commissioners is hereby transferred to to the board of county commissioners of Early county. Said board of county commissioners of Early county shall proceed as speedily as may be reasonably practical to wind up the business affairs of said dispensary board. They shall convert into cash by sale or collection all property or other assets of said board of commissioners, shall pay the expenses of doing so, and whatever

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debts are legally chargeable against said dispensary board or the property which has hitherto stood in their name and possession, and shall divide the proceeds according to the plan provided in the original Act creating said board, to-wit, one-half to the public school fund of Early county and one-half into the general fund in the county treasury. Said board of county commissioners, or a majority of them, are hereby empowered to execute all deeds or other conveyances necessary to pass title to the purchasers of said property. They may sell said property either at public or private sale; but any sale of real estate must be advertised not less than four insertions in some newspaper published in Early county. Blakely. Dispensary abolished. SEC. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act are hereby repealed. Approved July 29, 1909. BLAIRSVILLE, TOWN OF, CHARTER AMENDED. No. 38. An Act to amend an Act entitled an Act to incorporate the town of Blairsville, in Union county, to define the limits, to provide for a mayor and council and all other officers, and to provide for all matters of municipal concern, and for other purposes, approved August 17th, 1908, by adding to Section eight of said Act a proviso authorizing and empowering said mayor and council to collect by execution and sale all taxes past due or to become due, levied for the support of said town government for any and all purposes, and

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to provide a mode for collecting the same, also to provide a mode for the return of all property both real and personal by the tax payers of said town, also to declare and make legal the tenure of office of the present mayor and councilmen of said town of Blairsville for the term for which they have been elected, 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 proviso be added to Section eight of the original Act incorporating the town of Blairsville, approved August 17, 1908, to-wit: Blairsville. Provided, That said mayor and councilmen are hereby authorized to collect all taxes due or hereafter to become due, levied for the support of said town government, if not paid by December 1st of the year in which said tax is levied by issuing execution therefor in default against the person liable for same after demand for the payment of the same has been made by said mayor and councilmen or the marshal of said town, said execution shall bear test in the name of the mayor and be signed by the clerk of council and directed to the marshal of said town. Said execution shall be, when so issued turned over to the marshal of said town, who shall have authority to levy and collect the same from any property of the defendant in said execution, or from any property liable to said tax, and to sell the property levied upon as now provided by law for sheriff's sales, for State and county taxes. That all tax payers within the corporate limits of said town of Blairsville, when making returns for taxation therein, shall answer under oath what is the value

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of their personal property of every kind they own, whether in said town or not, and the value of the real estate located within said town. That C. H. Nuite, mayor, and L. T. Christopher, T. J. Gutt and V. C. Ledford, councilmen, be and the same are declared to be the mayor and councilmen of said town of Blairsville until the first Monday in September, 1910, and until their successors are elected and qualified. So that when said Section eight is amended it shall read as follows, to-wit: That the mayor and council shall be empowered to levy taxes for the support of the government of said town, and to fix the compensation of all employees thereof. Provided, that said mayor and council are hereby authorized to collect all taxes due or hereafter to become due, levied for the support of said town government if not paid by December 1st of the year in which said tax is levied by issuing execution therefor when in default against the person liable for same after demand for the payment of the same has been made by said mayor and councilmen or the marshal of said town. Said execution shall bear test in the name of the mayor and be signed by the clerk of council and directed to the marshal of said town. Said executions shall be, when so issued, turned over to the marshal of said town, who shall have authority to levy and collect the same from any property of the defendant in said execution, or from any property liable to said tax, and to sell the property levied upon as now provided by law for sheriff's sales for State and county taxes. Taxing power. That all tax payers within the corporate limits of said town of Blairsville, when making returns for taxation therein shall answer under oath what is the value

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of their personal property of every kind they own, whether in said town or not, and the value of the real estate located within said town. That C. H. Nuite, mayor, and L. T. Christopher, T. J. Butt, and V. C. Ledford, councilmen, be and the same are hereby declared to be the mayor and councilmen of said town of Blairsville, until the first Monday in September, 1910, and until their successors are elected and qualified. Municipal officers. 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 9, 1909. BRINSON, TOWN OF, CHARTER AMENDED. No. 72. An Act, to amend an Act incorporating the town of Brinson, in the county of Decatur, relative to qualifications for marshal; said Act, passed by the General Assembly, 1909, 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, on Act entitled An Act to incorporate the town of Brinson, in Decatur county, to provide for the election of a mayor and council of said town; to define the corporate limits of said town; to provide for a system of revenue by taxation or otherwise; and for other purposes therein enacted, approved August 22, 1907, be, and the same is, hereby amended by striking all of Section 9 of said Act, and inserting in lieu thereof the following: Section 9. Be it further enacted, That it shall be the duty of the

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marshal of said town to levy all executions in favor of said town and sell property levied upon, after advertising same in accordance with the law governing sheriff's sales in this State; to have the same power to make deeds and place the purchaser in possession as the sheriffs of this State have. Before entering upon his duties as regular marshal he shall give such bond as the mayor and town council may see fit to prescribe. Brinson. Collection of municipal claims. 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, 1909. BRONWOOD, TOWN OF, CHARTER AMENDED. No. 81. An Act to amend the charter of the town of Bronwood, so as to change the date of electing mayor and councilmen; fixing their terms of office, requiring the registration of voters in municipal elections and to provide for the appointment of tax assessors, 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 charter of the town of Bronwood as found on pages 423, 424, 425 of the Acts of the General Assembly of the State of Georgia for the years 1882-3 be, and the same is, hereby amended by striking out the first sentence of Section four of said Act after the enacting clause and inserting in lieu thereof the following: That on the 2nd Wednesday in December, next,

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an election shall be held in the council chamber in said town for the election of a mayor and six councilmen. Of the councilmen so elected theee shall serve for one year and three for two years, and are to be voted for accordingly at the next election. The ballots cast in said election shall specify who shall serve for one year and who shall serve for two years. The term of office of the mayor shall be two years, and until his successor is elected and qualified. Annually thereafter at the same time and place an election shall be held to fill the vacancies then occuring. The term of office of the councilmen shall be two years and until their successors are elected and qualified, except as hereinbefore provided. Any resident of said town, who is qualified to vote for members of the General Assembly of this State shall be eligible to election to the offices aforesaid as well as qualified to vote in elections to fill the same. Bronwood. Election of mayor and councilmen. SEC. 2. Be it further enacted by the authority aforesaid, That Section 9 of said Act be amended by adding thereto the following: Said mayor and council shall have the power and authority to fix the fire limits of said town by ordinance and to prohibit the erection of wooden structures within said limits. They shall have the further power and authority, at their option, to appoint tax assessors in said town, who shall value and assess all property therein for the purpose of taxation, and to provide rules and regulations for their government; they shall also have power and authority by appropriate ordinances to require registration of voters in said town, and to pass rules and regulations governing the same. Fire limits. Tax assessors. Registration of voters.

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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 11, 1909. BRUNSWICK, CITY OF, CHARTER AMENDED. No. 147. An Act to amend an Act entitled An Act to consolidate and amend the several Acts incorporating and chartering the city of Brunswick, Glynn county, Georgia, and for other purposes therein mentioned, approved August 27th, A. D. 1872, and the several Acts amendatory thereof subsequently passed, 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 entitled Act and all Acts amendatory thereof be amended as follows, to-wit: That a park and tree commission is hereby created for said city of Brunswick; that at the same time other officers of said city are elected by the mayor and aldermen in 1910, said mayor and aldermen shall elect five citizens of said city who shall be members of said park and tree commission. One of said persons shall be elected for a term of one year, one for two years, one for three years, one for four years, and one for five years. The members of said commission shall hold their offices for the term stated, or until their successors in office are elected and qualified. The qualifications for membership on said commission shall be the same as qualifications for aldermen of said city. Before

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entering upon the discharge of their duties, the persons so elected shall take an oath to faithfully perform the duties of their office. None of said commissioners shall be directly or indirectly, pecuniarily interested in any contract or matter under their jurisdiction, nor shall either of said commissioners receive any compensation whatsoever, for their services as such. Brunswick. Park and tree commission created, election and qualifications of members. SEC. 2. Be it further enacted, That such park and tree commission shall have exclusive management and control of the care, preservation, improvement and plan of the public parks, squares and cemeteries of said city, and shall have entire control and direction of the planting of trees, flowers, grass, and shrubbery in said parks, squares, cemeteries, and on the streets of said city, and shall appoint necessary employees for such purposes, and fix their compensation. Powers of commission. SEC. 3. Be it further enacted, That said commission shall elect its own chairman, vice-chairman and secretary, all of whom shall be members of said commission, and shall make and establish such rules and regulations as they may deem proper in the exercise of the jurisdiction herein vested in such commission. Such rules and regulations shall be submitted to and incorporated in the minutes of said mayor and council, and shall be published as are the ordinances of said city, and shall have the same binding force and effect as such ordinances. It shall be the duty of said mayor and council to pass proper ordinances providing suitable penalties for violations of such rules and regulations, and of the provisions of this Act. Organization. SEC. 4. Be it further enacted, That said commission shall have entire charge and control of the expenditures

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of the appropriation of money which may be made by said mayor and council for the purposes and object for which said commission shall have such jurisdiction and the same shall be paid out of the city treasury, upon bills or requisitions certified to by the secretary of said commission, and approved by the chairman or vicechairman of such commission, it being the intent and meaning of this Act that whatever moneys are expended by the mayor and council of said city upon the care, preservation, improvement and adornment of such parks, squares, cemeteries, and grass plats, and for the planting of trees, shrubbery, flowers or other plants on the streets of said city, shall be expended under the direction, approval and management of said commission. Expenditures by commission. SEC. 5. Be it further enacted, That said commission shall make reports to the mayor and council at the expiration of each year of their work, and expenditures for said year, with an estimate of the amount of money that will be needed or required for such purposes and objects for the ensuing year, and it shall be the duty of the mayor and aldermen in making up the financial budget for the various departments for the ensuing year, to set apart a reasonable amount of money to be expended by said commission; but the said commission shall not incur or create at any time, any indebtedness or obligation exceeding such amount of money as may be appropriated by the mayor and council of the city of Brunswick to the use of said commission in any calendar year, and if any such indebtedness shall be directly or indirectly incurred by said commission, the same shall not be a charge or liability against, or collectable from the mayor and council of said city, the intent and

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meaning hereof being that the expenditures and contracts of said commission shall be strictly limited to the sum appropriated annually by the mayor and council to the use of said commission. Reports and estimates of commission. SEC. 6. Be it further enacted, That any member of said commission shall be subject to removal from office by the mayor and aldermen of said city in council assembled for malfeasance in office or for incompentency or neglect of duty, or for inability to discharge his duties or for any good and sufficient cause, but only after charges have been preferred in writing, and served on such member. The manner of preferring such charges and the procedure thereunder shall be the same as now provided by the charter of said city in the case of members of the police force against whom charges are preferred. Commissioners removable for cause. SEC. 7. Be it and it is hereby further enacted, That the mayor and council of the city of Brunswick are hereby authorized to convey by deed of quit-claim for the consideration of one dollar ($1.00), to the board of education of Glynn county, a corporation under the laws of said State, to be held by it, and used for educational purposes only, and to revert back to said mayor and council whenever same shall cease to be so held and used, all that portion of that tract or parcel of land situate, lying and being in the city of Brunswick, in the county of Glynn in said State, known and designated as Hillsboro Square upon the map of said city as made by George R. Baldwin, surveyor, A. D. 1837, lying south of the southern boundary line of Mansfield street in said city, and within a line drawn at right angles to said Mansfield street, and extended northward and

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southward, and located forty-five (45) feet east of the western line of Egmont street, and a similar line forty-five (45) feet west of the eastern line of Carpenter street, upon condition, nevertheless, that said board of education shall acquire and convey to the said mayor and council for highway purposes, sufficient land in the lots immediately south of said described portion of said square, to-wit: Lots numbers three hundred and thirty-four (334), and three hundred and forty-eight (348) respectively, to permit said mayor and council to have and maintain a high-way of forty-five (45) feet in width, eastward and westward, across the Southern side of said portion of said Square. The true intent and meaning hereof being that there shall remain after said conveyance has been made a highway of forty-five (45) feet in width, belonging to the said mayor and council, upon the eastern, southern and western sides of said southern portion of said Hillsboro Square. Hillsboro square for educational uses. SEC. 8. Be it, and it is hereby further enacted, That any person owning or in the possession of, or exercising control over any lot or parcel of land within the limits of said city of Brunswick, whenever so required by the superintendent of sanitation, or officer exercising the powers now vested in that officer, acting upon the order of the committee of said mayor and council upon sanitation, or that committee charged with duties now imposed upon said committee, shall cause all weeds and grass to be mowed or removed therefrom, and upon failure so to do within ten days from the recipt of such order, said owner, or person in possession of said lot or parcel of land, or exercising control over the same, shall upon conviction thereof in the police court of said city, be punished as prescribed by Section 71 of the present

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Code of Ordinances of the said mayor and council of the city of Brunswick, which said Section is also a provision contained in the charter of said city. Sanitation. In addition to the foregoing, said mayor and council of the city of Brunswick may, if it so elects, cause the said weeds or grass, either or both, to be cut or mown, upon failure of the aforesaid owner or person in possession of or exercising control over said lot or parcel of land, to have the same done within said limited ten days, and for that purpose may employ such labor as may be necessary, and pay the cost thereof, and may cause execution for the amount thus expended to be issued by the clerk of said mayor and council in its favor and against the owner, person in possession of or exercising control over the same, as the case may be, which execution shall be a lien upon said property, shall be entered upon the execution docket in the office of the clerk of Glynn Superior Court, as other executions are, and shall be levied by the marshal of said city and collection thereof enforced as provided for by law in case of executions issued by said mayor and council for the collection of unpaid taxes. Cost of work collectable of lot owners. It is further expressly provided hereby that the provisions of this Section are not exclusive, but shall be, and are cumulative to such rights and powers in that regard as have been heretofore conferred upon and are now vested by law in said mayor and council. SEC. 9. Be it further enacted by the authority aforesaid, That the board of health of the city of Brunswick shall have the following rights, power, authority and jurisdiction, that is to say: Said board shall meet once a month, or as often as they may deem it necessary for

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the well being of the health of the city. The chairman, or any two members, may call a special meeting of the board; and it shall be the duty of the marshal, his deputy, or a member of the police force, to summon the members to any such meeting upon request of the chairman, or any member of the board. Said board shall provide itself with such blanks and record books as it may wish. Meetings of Board of Health. At the close of each year the board shall make a report to the mayor and council of all complaints made to them during the year and the grounds of the same, and also a comparative statement of record of inspection of premises; and such suggestions touching the health of the city as it may deem expedient to present, and such other sanitary information as may be called for by council. Reports of Board of Health. Said board shall keep and maintain a general supervision over all matters and things pertaining to the health of the city, and from time to time pass such resolutions as, in their judgment, will preserve the public health or be conducive thereto. Said board shall have full power and authority to employ such inspector and inspectors as they deem necessary, and for such length of time as it may see fit. Powers and duties of Board of Health. All debts created by the board shall be paid as other debts of the city, after being audited by the board and the finance committee of council. Said board may adopt such by-laws, rules and regulations consistent with charter and ordinances of the city and the law of the State, as to it may seem proper, and may do all such other acts and things as, in its judgment, will promote the public health, and shall have the power to make rules and regulations for the government

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of quarantine. And the health officer shall report to said board as it shall direct, and it shall be his duty to carry out effectually the requisite measures for securing the purposes of quarantine, as directed by council and said board. It shall be the duty of the board to frequently examine every part of the city with the view of detecting causes of disease. The board shall advise the mayor and council, at any time, of the introduction into the city of small-pox, or any other infectious or contagious disease or epidemic, and recommend such measures as they may deem best for the prevention thereof and for the most speedy relief of such diseases, when they make their appearance. And to this end, said board, in conjunction with the health officer, may designate such quarantine grounds on land and water, and adopt such quarantine regulations as to them may seem proper. A sanitary inspector, appointed by the board, shall be the executive officer of said board, and shall have all of the power and authority of a police officer of said city. SEC. 10. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 14, 1909.

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CADWELL, TOWN OF, CHARTER AMENDED. No. 45. An Act to incorporate the town of Cadwell in the county of Laurens, 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 from and after the passage of this Act that Section 1 of an Act to incorporate the town of Cadwell, approved August 22d, 1907, be, and the same is hereby repealed and in lieu thereof the following Section shall be known as Section 1 of said Act so that when said Section is repealed and the following Section enacted in lieu thereof the same shall read as follows: Cadwell. 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 town of Cadwell in the county of Laurens be, and the same is, hereby incorporated under the name and style of the town of Cadwell; that the municipal government of the town of Cadwell 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 Cadwell and by that name and style shall have perpetual succession and shall have a common seal and shall be capable in law and equality to purchase, have, hold, receive and enjoy, possession and retain to them and their successors for the use of the town of Cadwell 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

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the territory embraced within the following boundary shall constitute the town of Cadwell: Commencing at a point in the center of Burch street where Dexter street crosses Burch street and running southeast down Burch street five hundred yards, thence up Burch street northwest five hundred yards, thence up Dexter street northeast five hundred yards, thence down Dexter street southwest, making a territory of one thousand square yards. The starting point in each direction as set forth above to be in the center of Burch street where Dexter street crosses same. Mayor and councilmen. Corporate limits. SEC. 2. Be it 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 9, 1909. CALHOUN, TOWN OF, CHARTER AMENDED. No. 155. An Act to amend the charter of the town of Calhoun in Gordon county, so as to authorize and empower the municipal authorities of said town to levy and collect a business or occupation tax from the citizens thereof and from all itinerant traders or peddlers. 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 aldermen of the town of Calhoun shall have power and authority to levy, assess and collect a tax or license fee upon all solicitors or canvassers selling goods, wares or merchandise by sample, at retail, or to consumers; upon itinerant

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traders, auctioneers, clock and stove peddlers, peddlers of all kinds, all itinerant venders of articles, wares, soft drinks or merchandise of any character except such are excepted by the laws of Georgia; upon all business callings, professions and vocations carried on in said town, and agencies subject under the laws of this State. Said corporate authorities shall have power and authority to compel this payment of said tax or license fees; to make all necessary by-laws and ordinances to carry out the power and authority herein conferred and to prescribe and enforce suitable penalties for violation thereof. Calhoun. Specific taxes. 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, 1909. CALHOUN, TOWN OF, CHARTER AMENDED. No. 226. An Act to amend the charter of the town of Calhoun in Gordon county, Georgia, by changing the incorporate limits. 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 incorporate limits of the town of Calhoun in Gordon county, Georgia, shall be changed as follows, to-wit: To start at a point one-half a mile south of the court house, where the old incorporate line crossed the Western and Atlantic Railroad in the southern

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part of Calhoun. Thence in a northwestern direction in a straight line to a point where Mill street is intersected by a private road on the line between the lands owned by H. A. Dover and T. C. Lowry, thence north to a point two hundred feet north of the point where said line crosses Line street, thence east to the incorporate limits of the town of Calhoun. Calhoun: 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, 1909. CALHOUN, TOWN OF, CHARTER AMENDED. No. 144. An Act to amend an Act entitled, An Act to establish a new charter for the town of Calhoun in Gordon county, approved December 13, 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 eight (8) of the Act referred to in this caption of this Act be, and the same is hereby amended, striking from the twelfth line thereof the words sixty and inserting in lieu thereof the words one hundred and fifty, so that said Section when so amended will read as follows: That the mayor and aldermen, at their first regular meeting in each year after being qualified, shall elect by ballot a clerk, who shall be one of the said aldermen. Said clerk, before entering upon the discharge of his duties as such, shall take and subscribe on oath and give bond in a sum to be fixed by the mayor and aldermen for the

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faithful discharge of his duties for the term for which he has been elected (one year) and until his successor is elected and qualified. The said bond shall not be less than one thousand dollars, and shall be payable to the mayor and aldermen of the town of Calhoun, and both the oath and bond shall be entered of record on the minutes of the board; said clerk shall receive for his services a salary not to exceed one hundred and fifty dollars per annum. The said mayor and aldermen shall also, at their first regular meeting each year, choose from their own body a mayor pro tempore, who shall in case of the death, absence or disqualification of the mayor, perform all the duties required of the mayor, and in the event of the removal, death, or resignation of the mayor pro tempore, another pro tempore may be elected at any time, as in the first instance. Calhoun: Clerk of council. Mayor pro tem. SEC. 2. Be it further enacted, That Section twelve of said Act be amended by inserting between the words hundred and dollars in the fourth line thereof the words and fifty, so that said Section when so amended will read as follows. That the mayor shall be the chief executive officer of said town; that he shall see that all the laws and ordinances of said town are faithfully executed. He shall receive for his services a salary not to exceed one hundred and fifty dollars per annum, the said salary to be fixed by the mayor and aldermen at their first regular meeting in each municipal year, and not to be changed during his term of office. Mayor's salary. 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, 1909.

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CALHOUN, TOWN OF, CHARTER AMENDED. No. 135. An Act to amend the charter of the town of Calhoun, in Gordon 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 mayor and aldermen of the town of Calhoun shall have power and authority to pass such ordinances, rules and regulations relative to the keeping for sale of any wines, spirituous, malt or intoxicating liquors in said town and to impose such penalties for any violation thereof as may be deemed just and proper, not to exceed the sum of one thousand dollars and imprisonment, or labor on the streets or other public works of said town not exceeding thirty days. Calhoun: Sale of intoxicants. 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, 1909. CALHOUN, TOWN OF, CHARTER AMENDED. No. 64. An Act to authorize the mayor and aldermen of the town of Calhoun in Gordon county, Georgia, to construct and maintain a street crossing over the Western and Atlantic 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 immediately after the expiration

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of the present lease of the Western and Atlantic Railroad to the lessees which expires on the 27th day of December, 1919, the mayor and aldermen of Calhoun, Georgia, are hereby authorized and empowered to construct and maintain a good and safe crossing over the tracks of the Western and Atlantic Railroad in the town of Calhoun, at a point where the warehouse street would cross the Western and Atlantic Railroad, near the union warehouse, so as to intersect Railroad street nearby. Provided, further, that at any time after the passage of this Act, should the authorities of the town of Calhoun and the lessees of the Western and Atlantic Railroad agree upon terms satisfactory to each other, and that there be no expense incurred to the State of Georgia thereby in any form; then the town authorities are authorized to construct said railroad crossing. Calhoun: Crossing over tracks of W A R R SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 10, 1909. CAIRO, CITY OF, CHARTER AMENDED. No. 176. An Act to amend the charter of the city of Cairo, in the county of Grady, so as to empower and authorize the mayor and council of said city of Cairo to order an election or elections to be held therein to determine whether or not additional bonds shall be issued by said city in a sum not to exceed fifteen thousand ($15,000) dollars in addition to the present authorized

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bonded indebtedness of said city. Said additional bonds to be sold for the purpose of extending and better equipping the systems of electric lights and waterworks of said city, and for the purpose of laying, establishing, maintaining and operating a sewerage system in said city, or for any one or more of said purposes, and to authorize the issuing of said additional bonds, or any part thereof, and the fixing of the time and terms of payment of the principal and the interest thereon, and the assessing, levying and collecting of a tax on all property both real and personal in said city, for the purpose of paying the interest on 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 the authority of the same, That from and after the passage of this Act, the mayor and council of the city of Cairo, in the county of Grady, shall submit to the qualified voters of said town, under the provision of the Code of Georgia of 1895, Sections 377-381, both inclusive, and the Acts amendatory thereof, the question af issuing additional bonds in any sum not to exceed fifteen thousand ($15,000.00) dollars in addition to the present authorized bonded indebtedness of said city. Said additional bonds to be sold for the purpose of extending and better equipping the system of electric lights and waterworks of said city, and for the purpose of laying, establishing, maintaining and operating a sewer system in said city or for anyone or more of said purposes, and if at said election said bonds shall be proposed for the purpose of extending and better equipping the system of electric lights in said city. The ballots used at said election

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shall have written or printed thereon as follows, towit: For additional electric light bonds, or Against additional electric light bonds, if at said election, said bonds shall be proposed for the extending and better equipping the system of water works of said city, the ballots used at said election shall have written or printed thereon the following, to-wit: For additional water works bonds, or Against additional water works bonds, and if at said election said bonds shall be proposed for the purpose of laying, establishing, maintaining and operating a sewerage system in said city, then the ballots used at said election, shall have written or printed thereon the following, to-wit: For sewerage bonds, or Against sewerage bonds. The mayor and council of said city being hereby authorized to propose in the manner aforesaid the question of issuing any part or all of said fifteen thousand ($15,000.00) dollars additional bonds, for any one or more of the purposes aforesaid, and an election may be held for one or more of said purposes at any one time and for any of the other purposes at any other time thereafter. Cairo: Bonds for lights, water and sewerage. SEC. 2. Be it further enacted by the authority aforesaid, That should any election therein, provide for, be in favor of bonds, for any purpose or purposes, for which said election was had, then the mayor and council of said city of Cairo shall be, and they are hereby authorized to issue the said bonds for the purpose or purposes aforesaid, in favor of which said election resulted, for said city of Cairo, in such sum or sums as was proposed at said election, not to exceed in the aggregate, fifteen thousand dollars, each of said bonds to be issued to be in such sum as the mayor and council may designate; provided, that the sum shall not be less than

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five hundred dollars, and not more than one thousand dollars each, the said bonds are to run for a period of thirty years, or the mayor and council may provide any shorter period that they may deem proper, said bonds to bear interest at a rate to be fixed by said city authorities, not to exceed eight per cent. per annum, said interest to be payable annually or semi-annually and at such time and place as the mayor and councilmen may direct. Bonds, how issued. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall have power and authority to determine how much, if any, of the principal of said bonds shall be payable annually, and if they deem proper, they are authorized not to make annual payments on the principal, but to make such payments on the principal of said bonds at such times as they may deem best, or to defer payments on the principal of said bonds, until all of said principal has matured at the expiration of thirty years, or of such other period as they may deem it proper to issue said bonds for. Terms of bonds. SEC. 4. Be it further enacted by the authority aforesaid, That said bonds shall be signed by the mayor and the clerk of the council of the city of Cairo, under its corporal seal, and shall be sold, hypothecated or disposed of to the very best advantage and interest to the city of Cairo, as may be determined by the mayor and councilmen of said city, the proceeds thereof to be used exclusively for the purpose or purposes for which the same were issued respectively as aforesaid. Sale of bonds and appropriation of proceeds. SEC. 5. Be it further enacted by the authority aforesaid, That if said bonds are issued and sold for the

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purpose of extending and better equipping the system of electric lights and waterworks of said city or the system of either, or if any of said bonds shall be issued and sold for the purpose of laying, establishing, maintaining and operating a sewerage system in said city. Then the mayor and council shall have full power to expend such funds arising from the sale of said bonds in such manner as they deem best to carry out the purposes aforesaid, and shall have power to extend and better equip said electric light system and said water works system, either or both, in such manner and in such direction as they may deem best and likewise shall have full power over said sewerage system to determine in what parts of the city the same shall be established and how the same shall be operated, and shall have power to make all rules, regulations and ordinances relative to said system of electric lights or water works, or either, and the use of both or either, by citizens of said city, and shall provide the terms upon which said sewerage system shall be used by private individuals, and shall make all rules and regulations and ordinances for the proper and sanitary uses thereof, and may, if they deem best, charge the citizens of said city such sum as the mayor and councilmen may deem proper for the use of sewerage system. Powers of mayor and council. SEC. 6. Be it further enacted by the authority aforesaid, That the mayor and council of said city are hereby authorized and empowered annually to assess, levy and collect a tax on all the property, both real and personal, within the corporate limits of said city in such sums or rate as they may deem right and proper, for the specific purpose of paying the interest on said bonds and accumulating a fund for the payment of the principal on

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said bonds on maturity thereof, or at such time as the mayor and councilmen may have fixed for the payment of the principal of said bonds. The said tax so assessed, levied and collected shall be kept separate and distinct from all other taxes and shall be used solely for the payment of the interest on said bonds, annually or semi-annually, as the case may be, and for the payment of the principal of said bonds at the maturity thereof, or at such time as may be fixed by said mayor and councilmen for payment of said principal. Tax to pay bonds. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city are hereby authorized and empowered, in lieu of making payments on the principal of said bonds before the maturity thereof at the expiration of thirty years, or of such other period as said bonds shall be issued for, to make such deposits, loans, or other disposition of the money raised annually for the payments of the principal on said bonds as will secure interest on said money and insure its safety, to be forthcoming to meet said bonded indebtedness of said city at its maturity and thus annually provide, if they deem best, a sinking fund for said purpose of paying the principal on said bonds when all have matured. Sinking fund. SEC. 8. Be it further enacted by the authority aforesaid, That if the election herein provided for be against the issuing of bonds for any one or more of the purposes proposed at said election, then, and in that event, the mayor and council of said city may at their own instance and shall on the application in writing of five freeholders of said city at any time thereafter order another election under the provision of this Act, for the

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issuing of bonds for the purpose aforesaid; provided, only, that such election shall not be held oftener than once in each month. Other elections. 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, 1909. CHIPLEY, TOWN OF, CHARTER AMENDED. No. 46. An Act to amend an Act entitled, An Act to incorporate the town of Chipley, Harris county, approved December 9th, 1882, so as to authorize the mayor and council to levy a street or capitation tax, a business tax; to authorize the mayor and council to prescribe fire limits; to regulate the firing of fire crackers, roman candles, etc.; to compel vaccinations; to abate nuisances; to condemn private property for public uses, etc., and to fix appearance bonds, and provide for a forfeiture 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 Chipley, in Harris county shall, in addition to the ad valorem tax now allowed by law, have authority to levy and collect a street or capitation tax on all male persons residing within the corporate limits of said town, between the ages of fifteen and fifty years of age. Also to impose such tax as they may deem proper on all business,

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books, corporations, warehouses, trades, sale, insurance agents, insurance companies, shows of all sorts, exhibitions and theatres, or any business of any nature, provided said tax is not in conflict with any law of this State. Chipley; Specific taxes. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority, whenever any tax, assessment, license or license fee, fines, forfeitures or demands due said town, by any person or persons, to issue execution against the person or property, or both, owing said sum, and shall have the same levied upon the property of the defendant in fi. fa. Said execution shall be issued in such form and manner, and shall be directed to and signed as said mayor and council may provide for by ordinances, rules and regulations. Collection of municipal claims. SEC. 3. Be it enacted by the authority aforesaid, That the mayor and council of said town shall have full and complete control of the streets and side walks, alleys and squares of the town, and shall have the right, authority and power to condemn and appropriate private property for public use; widen, extend or straighten any street, lane or alley for the convenience of the public; to grade and change all streets, sidewalks, avenues or other ways; to regulate the width of same; to keep in good order and repair the same and to construct, and keep in repair drains, sewers and gutters; to keep all public grounds, sidewalks, alleys, lanes, or other ways free from obstructions of any kind; to require land owners or lessees to curb, pave or improve sidewalks at their own expense and under direction of the town authorities; and upon failure of land owners or lessees to do this, the town authorities may proceed to have

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said work done and collect the cost of same as other taxes are collected; provided, the town authorities have given the land owner or lessee thirty days notice before proceeding to curb, pave or improve said property. The mayor and council shall have full power and authority to remove any buildings, steps, fences, gates, posts or other obstructions in the public streets, lanes, alleys, sidewalks or other public places in said town, and to enforce the provisions of this Section by appropriate ordinances. Powers of mayor and council. SEC. 4. Be it enacted by the authority aforesaid, That whenever the mayor and council of said town shall desire to exercise the power and authority granted in the preceding Section to condemn private property for public uses, it may be done, whether the land sought to be condemned is in the hands of the owners or a trustee, executor, administrator, guardian or agent, in the manner provided by law in this State for condemning private property or acquiring the right of use in the same for public purposes. Condemnation proceedings. SEC. 5. Be it enacted by the authority aforesaid, That the mayor and council of said town is hereby vested with power and authority to prohibit the building, establishing and erection within a certain limit, which certain limit shall be known as the fire limit, any wooden structure or building which in its nature is not fire proof, without the permission of the mayor and council of said town. In case of a violation of such regulations, the mayor and council after having given ten days' notice, shall cause such building, not fire proof erected in said fire limits in violation of this Section, to be removed at the expense of the owner or builder, cost to be collected

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as provided in case of defaulting taxes. Also, to provide for the regulation of the use of fire crackers, roman candles, sky rockets, bonfires, or other pyrotechnic displays. [Illegible Text] limits. SEC. 6. Be it enacted by the authority aforesaid, That the mayor and council of said town, shall have the right, power and authority to declare what shall be a nuisance, and to provide punishment for persons who may create or continue nuisances; to establish such system of quarantine, and to make such sanitary regulations within the corporate limits of said town as may in their judgment be best for the prevention, introduction, or spreading of any infectious or contagious diseases; to prevent the establishment and continuance of any unwholesome business affecting the health or morals. Also to enforce compulsory vaccination upon all persons who reside within the corporate limits of said town. Sanitation. SEC. 7. Be it further enacted by the authority aforesaid, That when a person is arrested under the laws and ordinances of said town, it shall be lawful for him to make a good and sufficient bond, payable to the mayor and council of the town of Chipley, be approved by the mayor or marshal, conditioned for his faithful appearances to answer such charge when the same shall be heard; and the mayor of said town is hereby empowered and authorized to issue a scire facias returnable before him not less than fifteen and not more than thirty days, when any defendant shall fail to appear and answer in terms of his bond, which shall be directed to the principal and security, requiring them to show cause before the mayor's court to be held not less than fifteen days from the time of the forfeiting nisi why the bond

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should not be forfeited, copies of which scire facias shall be served upon the principal and securities at least five days before the sitting of the court to which it is made returnable, either personally or by leaving a copy at the most notorious place of abode of the person sought to be served. If at the return time no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, the execution shall issue against principal and securities on said bond, or such of them as have been served, for the final amount thereof and all costs, which execution shall be signed by the clerk or recorder of council and mayor or mayor pro tem of said town; and shall be the same lien upon property of the defendant and security as execution issued upon judgments in justice and Superior Courts of this State, said execution shall be directed to the marshal of said town and to all and singular the sheriffs and constables of said State by any one of whom the same may be executed. Appearance 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 9, 1909. CLARKSVILLE, CITY OF, CHARTER AMENDED. No. 194. An Act to amend an Act of the General Assembly of Georgia incorporating the city of Clarksville, approved August 7th, 1905, so as to authorize the mayor and council to compel abutting real estate owners on the streets of the city of Clarksville to build sidewalks in front of and adjoining their property, and

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prescribe the width, height, etc., and also the material to be used or authorized the mayor and council to construct the same and compel the abutting real estate owners to pay for the same and to provide for a lien on the property for such improvements, 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 the Act approved August 7th, 1905, incorporating the city of Clarksville, in the county of Habersham, be, and the same is, hereby amended by adding the following new Sections to said Act of incorporation. Clarksville: SECTION 2. Be it further enacted, That said mayor and council of the city of Clarksville shall have full power and authority to order, demand and require the owner of any real estate, his agent or tenant in possession for such owner, to grade, pave and otherwise keep in good order and condition the side walks abutting on their real estate in the city of Clarksville and said mayor and council shall have full power and authority to have all side walks made uniform and to order the same paved or made from just such material as they may order and just such widths and thicknesses, styles or shapes as said mayor and council may order; provided, the said mayor and council cause to be served by the city marshal or other officer upon said owner of real estate, his agent, attorney-at-law or tenant in possession if to be found in the county of Habersham a notice directed to such owner, specifying and describing the side walk to be constructed or improved and the

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way to be improved and the material to be used in improving the same, which notice shall be completed, and if said owner of real estate does not within thirty days from the date of service of said notice or from the date of the entry of the city marshal or other officer of search for said owner, his agent, attorney-at-law or tenant in possession in the county of Habersham shall fail to commence to comply with such order and the terms of the notice then, in that event the said mayor and council shall by this Act have full power and authority to have said side walks built, constructed and improved and to collect the expense thereof from such real estate owner, and in the event the same is not paid within thirty days after the completion of the work, and demand has been made on the said owner if to be found in the county of Habersham and if not to be found in the county of Habersham, then without demand, the mayor and council shall order the clerk of the council or the mayor to issue an execution against said real estate or against said owner and the said real estate in the name of the city of Clarksville and its favor for the full amount of such expenses and cost, and such execution shall be a lien on the real estate abutting on said side walks so improved and said lien shall date from the commencement of the work on said side walks and shall be superior to all liens except for taxes due the State and county until the same is fully paid and the real estate so improved shall be subject to be levied upon and sold by the city marshal at Clarksville, or the sheriff of Habersham county, after advertising as sheriff's sales are usually advertised in the county of Habersham, and be sold, and said sale shall operate to convey to the title to said real estate to the purchaser as

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completely and absolutely as the conveyance of the owner would or could, and said officer shall execute a deed to the purchaser in accordance with his bid. Sidewalks. SEC. 3. Be it further enacted, That said mayor and council of the city of Clarksville shall make all sidewalks uniform, or as near so as can be done, considering the land and situation. SEC. 4. Be it further enacted, That said mayor and council of the city of Clarksville shall have full power and authority to regulate traffic and sales upon its public streets of said city; to regulate the speed of trains, street cars, locomotives, animals in charge or possession of any person, motor cycles, automobiles, wagons, buggies, or any other kind of vehicle or device for transportation; to prevent fast driving of any animal through or on the streets within the corporate limits of said city; to regulate or to prevent posting advertisements or other advertising notices within the corporate limits of said city. Control of streets. SEC. 5. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof before or after arrest, he may be apprehended wherever he may be found, in this State, by the city marshal of said city by virtue of an authority of the warrant of the mayor, mayor pro tem, or other officer of said city, and the same shall be sufficiently filed for his arrest and return to said city for trial upon the charge against him in said city. Fugitives. SEC. 6. Be it further enacted by the authority aforesaid, That the city marshall shall keep within a wellbound book a complete itemized statement, properly

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dated, all receipts for the town showing who received from, for what purpose, and also all expenditures paid out for the town, should he be authorized to pay out any by the mayor and council, showing who paid to and for what purpose paid, and it shall be the duty of the city marshal to furnish the city treasurer with the items, dates, amounts collected, showing who from and for what purpose, when called by such treasurer, or when money is turned over to the treasurer by said marshal. Marshal. SEC. 7. Be it further enacted by the authority aforesaid, That when the mayor and council shall audit an account or claim and order the same paid, the account as audited shall be attached to the order on the treasurer, and said claim shall remain attached to said order, and if the same is detached, said order shall become immediately void and the treasurer shall pay no account or claim or order unless such account or claims are attached to the order. Orders on treasurer. SEC. 8. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, that Section 10 of an Act incorporating the city of Clarksville, approved December 16th, 1897, be, and the same are, hereby repealed. 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, 1909.

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CLAYTON, CITY OF, INCORPORATED. No. 284. An Act to incorporate the city of Clayton, in Rabun county; to provide for the election or appointment of a mayor and council thereof; to provide for the municipal government for said city; to provide for the levying and collecting of taxes for the maintenance thereof; to provide for a public school system therein; to provide for a city board of education to carry into effect said school system; to provide for the payment directly to said city board of education the amount due pro rata by the State as school funds to said city as per population thereof; to provide for the payment to the city board of education by the county school commissioner of Rabun county for the attendance of any pupils of the county entitled to school funds who attend said city schools during the public term thereof; to provide for a charge of tuition for all persons attending said city schools not entitled to public school funds; to provide for tuition for pupils of school age who are pursuing other branches than those taught in the common schools of the State; to provide for bonds and voting in thereof for the purchase of school property and for the erection of one or more school buildings in said city; to provide for the levying and collecting of taxes to maintain said school system; to provide for bonds for the installation of waterworks and electric lights in said city, and the voting in thereof; to prescribe and define the corporate limits of said city and the fire limits thereof; to provide for building permits and sanitary regulations in said city; to provide for city tax assessors,

Page 601

and the assessing of property for taxation within said city; to provide for the rate of taxation on all property in said city; to provide for occupation or business license tax; to provide for a mayor's or recorder's court for the trial of offenses committed within said city and against the laws of the same; to provide for the binding over of criminals to the Superior Court of Rabun county; to provide for the appointment of a recorder for said city and defining his duties; to provide for a city chaingang; to provide for the laying out, building and maintaining streets, roads and alleys in said city; to provide for the compensation of officers and employees of said city; to provide for the condemnation of private property for public purposes for any and all kinds; to provide for any and all matters of municipal concern and 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 designated and described in Section 2 of this Act, located in the county of Rabun, in the State of Georgia, be, and the same are, hereby incorporated under the name and style of the City of Clayton, and the said city of Clayton is hereby chartered and made a city under the corporate name of the City of Clayton, 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 the town of Clayton or

Page 602

hereafter belonging to said City of Clayton, shall be, and are, hereby vested in said City of Clayton as created by this Act; and the said city of Clayton, as created by this Act, may, by its corporate name, 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, 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 Clayton 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 Clayton, created by this Act, shall succeed to all rights of, and is hereby made responsible, as a body corporate, for all legal debts, liabilities, undertakings and suits or actions brought by or brought against said town of Clayton, and its mayor and council, and of, or in which, said town of Clayton may be in anywise connected, interested or liable, as heretofore incorporated. Clayton, city of. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city of Clayton shall extend one mile in each and every direction from the center of the public square as now located in said city, and shall, therefore, be a circle, the center of which shall be the center of said public square, with a radius of one mile. Corporate limits.

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SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of the said city of Clayton shall consist of, and be vested in, a mayor and five councilmen. That the present mayor and councilmen, to-wit: R. E. A. Hamby, mayor, and J. C. Dover, T. L. Bynum and W. C. Norton, councilmen, shall constitute the first mayor and councilmen of said city and shall remain in office until the first day of January, 1910, 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 Clayton, created by this charter, and on the third Saturday in December, 1909, a mayor and five councilmen shall be elected as provided in the next Section of this Act. Mayor and councilmen appointed. SEC. 4. Be it further enacted by the authority aforesaid, That on the third Saturday in December, 1909, there shall be elected for said city, by the qualified voters therein, a mayor and five councilmen, and annually thereafter, on the third Saturday in December, a mayor and five councilmen therefor. And all elections for mayor and councilmen under this charter shall be by general tickets. The term of office of mayor and councilmen elected hereafter 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 on Sunday, in which event their term shall begin on the following Monday, and said mayor and councilmen shall hold their offices until their successors are elected, or appointed and qualified. Before said mayor and councilmen shall enter upon the discharge of the duties of their offices, they shall severally take and subscribe, before some officer authorized to administer

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oaths by the laws of this State, or the retiring mayor, the following oath, to-wit: I do solemnly swear that I will well and truly demean myself as mayor or councilman (in which capacity I have been elected or appointed to fill) of the city of Clayton 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 the meeting at the time when said oath should be administered to the incoming mayor and councilmen, he shall take said oath as soon thereafter as possible. Said mayor and councilmen shall provide for monthly meetings, and may hold such special or call meetings as the business of the city may require, all to be convened as provided by the city ordinances. In the event that the office of mayor or one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by mayor and councilmen in case of vacancy in the council, and by the councilmen in case of vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies, in case they should be qualified to hold such office or offices, in case they were or should be regularly elected by ballot of the qualified voters of said city. Election and oath of mayor and councilmen. Meetings. Vacancies. SEC. 5. Be it further enacted by the authority aforesaid, That should the mayor or any member of council fail or refuse to perform the duties of his office for a period 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

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vacant, and the vacancy filled as provided in the preceding Section of this Act. Vacancies. SEC. 6. Be it further enacted by the authority aforesaid, 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 Clayton, 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 court house in said city, or at some other convenient place therein, and in case of the latter it shall be the duty of the mayor and council to give notice thereof for at least ten days before said election of the change of place by posting the same at the said county court house and two other public places in said town, and all voting shall be by ballot. The polls shall be opened at 8 o'clock a. m. and closed at 6 o'clock p. m. Persons receiving the highest number of votes for the respective offices shall be declared to be elected by the managers, and a certificate from said managers to that effect shall entitle those elected to take the oath, and enter upon the duties

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of his office. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen, and said mayor and councilmen may determine and provide for the pay of the managers and such clerks as may be necessary to hold said election. Elections. SEC. 7. Be it further enacted by the authority aforesaid, That should any contest arise over any election for mayor and councilmen in said city, the same shall be determined and disposed of as provided by Section 111 of Volume I of the Civil Code of 1905, and other general laws of this State governing the question of contests arising over election for municipal officers. Contested elections. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and councilmen at their first meeting, or as soon thereafter as practicable, shall elect one of the councilmen mayor pro tempore, who shall, in the case of absence or disqualification of the mayor, or of vacancy in that office, perform and discharge all duties and exercise all the authority of the office of mayor. SEC. 9. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly of this State, and who have paid all taxes legally imposed and demanded of them by the authorities of said city, and shall have resided in said city one month next prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws or ordinances of said city, shall be qualified to vote at any election held in said city as provided by this charter. Electors. SEC. 10. Be it further enacted by the authority aforesaid, That any citizen who shall have been a resident of

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said city for twelve months next preceding the election and who shall be eligible to vote at the election at which he is a candidate, shall be eligible for the office of mayor or councilman, and no person who is not thus qualified shall be eligible to either of said offices. Eligibility. SEC. 11. Be it further enacted by the authority aforesaid, That at the first meeting of the mayor and councilmen in each year, or as soon thereafter as practicable they shall elect a clerk and treasurer for said city, a marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and councilmen shall be necessary to police said city, a city attorney, and such other officers as said mayor and councilmen may deem necessary for and in the good government of said city. Each of said officers shall take 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 Clayton. Said mayor and councilmen shall have power and authority to suspend and remove said officers, in their discretion; it shall be their duty to fix the salary, or compensation of said mayor and councilmen, and all other officers, agents and employees of said city by appropriate ordinance. All expenditures of the mayor and councilmen shall be paid out of the city treasury by an order drawn by the city clerk, countersigned by the mayor, or, in his absence, by the mayor pro tempore, after the mayor and councilmen have allowed and audited the same. Municipal officers. SEC. 12. 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

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the body, and a majority of the votes cast shall determine questions before them; provided, that every question so determined, or order passed, shall receive not less than three votes. On all questions before the said council the mayor, or mayor pro tempore, 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 veto 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 of council. Veto power. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor of said city of Clayton shall be the chief executive officer thereof. 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, call or extra sessions whenever in his judgment it becomes necessary. Powers of mayor. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor, or, in his absence or disqualification, the mayor pro tempore, or in case of the absence

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or disqualification of both the mayor and mayor pro tempore, any councilman of the city may hold and preside over the court in said city of Clayton, to be called and known as the police court, for the 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 for all violations of this charter, laws or ordinances of said city by fine not to exceed one hundred ($100) dollars, imprison in the city prison or jail of Rabun county (the latter to be used as a city prison upon the payment of the jail fees required for keeping other prisoners) not to exceed sixty days, and to work on the streets in the city chaingang, or such other public ways as the mayor, or acting mayor, may direct, not to exceed sixty days; and 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, if the mayor, or acting mayor, shall direct. Police court. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor, or the mayor pro tempore, in case he shall be presiding, shall have the power in said police court of a justice of the peace and shall issue warrants against and try offenders charged with violating any criminal law of the State of Georgia in said city, and hear evidence on such charges and bind over the defendants to the Superior Court of Rabun county, commit to the common jail of said county or take bond for his appearance to said Superior Court, in case the offense charged is bailable. Mayor, ex-officio; a justice of the peace.

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SEC. 16. Be it further enacted by the authority aforesaid, 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 or any other citizen of said city to aid in the arrest of any person, or persons, violating any ordinance of said town, of any law of this State, and to provide punishment for any person or persons, failing or refusing to obey such summons. Arrests. SEC. 17. Be it further enacted by the authority aforesaid, 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 of the ordinances 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 officer is authorized to imprison and confine any person arrested by him in the city prison, or in the common jail of Rabun county, for a reasonable length of time. The marshal and policeman 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 policeman of said city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of said city of Clayton; provided, when the arrest is not made within twenty-four hours after the offense charged is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city, except

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in obedience to written warrant signed by the mayor, or mayor pro tempore, or acting mayor. The city marshal, or any policeman, may take bond payable to the mayor of said city for the appearance of any person arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor, mayor pro tempore or acting mayor. Arrests. Appearance bonds. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the city of Clayton 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 said city, 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 proper officers. Chain-gangs. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor, mayor pro tempore, or acting mayor, when any person, or persons, are arraigned before the mayor's, or police court, charged with violating 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 presiding judge may think best, and the accused shall give bond and security for his appearance at the appointed time for trial, and be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for trial, the bond may be forfeited by the mayor, mayor pro tempore, or acting mayor, and an execution issued thereon by serving the defendant, if anywhere to be

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found, and his securities with a rule nisi, at least two days before hearing said rule nisi, and final judgment passed thereon. The mayor, mayor pro tempore, or acting mayor, shall have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offenders 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 to be forfeited to the city of Clayton. Imprisonment and bail. SEC. 20. Be it further enacted by the authority aforesaid. That the police court of said city shall have the same jurisdiction and power over the forcing of witnesses to attend criminal trials in said court as the Superior Courts of this State have in forcing the attendance of witnesses in criminal cases in those courts and the presiding officer of said city has the same right to punish for contempts that are allowed by law to the judges of said courts in case of defaulting witnesses. Witnesses. SEC. 21. Be it further enacted by the authority aforesaid, That any person convicted in the police court of said city shall have the right to certiorari to the Superior Court of Rabun county; provided, all costs are first paid and bond and security given in double the amount of the cash fine imposed, and in case the sentence is imprisonment, then in such an amount as the presiding officer may think proper, to answer the final judgment in the case; and provided, further, nothing in this Section shall prevent the defendant who desires to certiorari his said cause to said Superior Court, to file the usual pauper affidavit in lieu of giving bond and security and paying the cost; and provided, further, the applicant failing to give such bond and security may, in the discretion of

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the presiding officer, be placed in the city prison or county jail to await the final adjudication of his case. Certiorari. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and councilmen may if they desire to do so, appoint a recorder for said city to preside over the police court who shall have all the authority and power in said court delegated herein, or by ordinance or by-laws, to the mayor of said city; and when such recorder is appointed as herein authorized he shall be the sole judge in said police court, but his duties may be discharged by the mayor, mayor pro tempore, or some member of the council when said recorder is absent from the city or otherwise disqualified to preside over said court. Recorder. SEC. 23. Be it further enacted by the authority aforesaid, That the 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 city, owners of real estate therein, tax assessors, whose terms of office shall be for one year. Said city tax assessors may at any time be removed from their office by the mayor and councilmen for good and sufficient cause, to be judged by said mayor and councilmen, and all vacancies occurring from any cause may be filled by the mayor and councilmen at any time; and it shall be the duty of said tax assessors to assess the value of all real estate located 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

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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 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 ordinance, 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 increase. If the property has been returned for taxation 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 power to provide by ordinance for assessing all property, both real and personal, located in, and subject to taxation by said city, 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 the tax payers to furnish them with a list of all notes, accounts, mortgages, stocks, bonds, other securities and investments and choses in action, when in their opinion the production is necessary for a correct, just and true assessment. All assessments made by said assessors of real estate shall become final, if no objections are made on or by the date set for hearing objections by the

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said mayor and councilmen, notice, such as may be prescribed by ordinance, having been given of such hearing; and if objections are made at the time of the hearing an assessment, the decision of said mayor and councilmen on said assessment, whether they increase or decrease them shall be final. Tax assessors. SEC. 24. Be it further enacted by the authority aforesaid, That in case any property which is subject to taxation should not be assessed, if realty, by the assessors, or returned for taxation, if personalty, or for any reason has not been assessed or returned 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 defaulters, and an execution shall 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 which was not returned for taxation and taxes collected thereon, as well as to property which in the 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 assessment referred to in this Section shall be made by the city tax assessors. Back taxes. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have the right and authority to provide by ordinance when all

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property in said city shall be returned for taxes, when taxes thereon shall fall due, when taxes shall be paid, when executions shall be issued against those who have not paid their taxes by the time fixed by ordinance, fix a penalty for non-payment of taxes when due and any and all other Acts that will effectively force the payment of all legal and just taxes due said city on all property subject to taxation therein. Tax returns. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to provide for and define, by ordinance, the fire limits of said city and prescribe and designate the character, kinds and classes of improvements to be made within said fire limits; and, in order to carry out more effectively the provisions of this Section, they may, in their discretion, appoint a building inspector for said city and define his powers and duties and provide for building permits. They shall also have the authority and power to enact ordinances regulating the sanitation and sanitary conditions of said city, and prescribe penalties for violating the provisions of this Section, and all ordinances enacted in pursuance of same. Fire limits. Sanitation. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have power and authority to require and collect a license tax on any or all businesses, occupations, avocations or professions carried on in said city, and to this end may in their discretion license in said city any or all businesses, occupations, avocations or professions, the running, practicing, carrying on, performing or conducting of which is not prohibited by the laws of this State. Specific taxes.

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SEC. 28. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority to require the railroad or railroads, electric road or roads, tram road or roads, automobile road or roads, or any other road or roads, except the public highways of said city, running through said city, or any portion of it, to make and repair the crossings on their several lines whenever, and in the manner, said mayor and councilmen may deem proper and necessary, and to place or repair such crossings, or open up and keep open any and all streets, alleys or by-ways over or along which their several lines shall run in said city; and the mayor and councilmen may pass any ordinance needful for carrying out the provisions of this Section; and in case any of said named roads shall fail or refuse to make such crossings within five days, or such repairs within twenty-four hours after having been notified to do so by said city, the mayor and councilmen shall have power to create and make same at the expense of said road, or roads, and issue an execution therefor, and levy and collect the same as provided in the case of tax executions. Crossings of railroads, etc. SEC. 29. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have the right and authority to provide for the inspection of steam boilers, to regulate or prevent the storage of gun powder, tar, pitch, rosin, coal, benzine, naphtha, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, dynamite or other explosives or combustible substances or materials, within said city; and to regulate the use of lights in stables, shops or other buildings or places; to regulate or prevent bonfires, the sale of fire works, fire crackers, torpedoes, sky rockets, roman candles, firing,

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or guns, pistols, or fire arms, anvils and any and all kinds of gaming or hunting within the corporate limits of said city. Explosive and inflammable material. SEC. 30. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to license billiard tables, pool tables, ten-pin alleys, and all tables kept or used for the purpose of playing, gaming or renting, all ten-pin alleys, nine-pin alleys, or alleys of any and all kinds, or other tables, devices or machines kept for the purpose of playing, or for the purpose of running the same, dancing halls or other places of amusements kept or rented for private gain, and to charge for said license such sums as they may by ordinance prescribe. Gaming tables and amusements. SEC. 31. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to assess taxes on all persons, firms, or corporations carrying on a brokerage business in addition to other taxes they may have paid. They shall have 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 dealings between them and their customers. Brokers. SEC. 32. Be it further enacted by the authority aforesaid, That said mayor and councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, opera houses, livery stables, drays, hacks used for hauling of any kind and vehicles used for hire, auctioneers, itinerant lightning rod or other like dealers or peddlers, immigrant agents, all fire life insurance companies or their agents doing

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business in said city, traders of all kinds, itinerant dealers in jewelry and medicine, and any or all itinerant articles of merchandise, except such as are exempt by the laws of this State; also any person, firm or corporation running a flying-jenny, flying-horse, merry-goround, bicycle or skating rink and like devices for gain, Licenses. and all circuses, moving-picture shows, side shows and all other shows, exhibitions or performances exhibiting in said city, and all persons selling goods, wares and merchandise, or offering the same for sale, by sample, advertisement or retail and all other business, calling or vocation which are not exempt from license under the laws of this State. SEC. 33. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and any 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 regulate the manner in which they must be kept if allowed to remain; also to impound such animals when found running at large in said city, and to charge such fees and costs for same as they may prescribe; also when the owner or owners of such animal or animals shall fail or refuse to pay the impounding fee and cost of keeping such animal, or animals, the same may be sold at public outcry and the proceeds applied to the payment of said fees and costs of keeping such animal or animals under such rules and regulations as may be prescribed by said mayor and councilmen. Stock law. SEC. 34. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall

Page 620

have full and complete control of the streets, public roads, sidewalks, alleys, public squares and all public ways in said city, and shall have power and authority to maintain, work or improve the same in any manner they may deem to the best interest to said city, and shall have power and authority to buy or condemn property of any and all kinds for the purpose of widening, straightening, grading or in any way changing said streets, or for the purpose of laying out and building new streets, alleys or public ways in said city, and when it becomes necessary to condemn lands for the purpose herein named, whether the land so condemned shall be in the hands of the owner, trustee, administrator, executor, guardian or agent, said condemnation may be done in the manner provided in Sections 4657 to 4685, inclusive, of Volume 2 of the Code of Georgia of 1895, the Acts amendatory thereof and the general laws of this State relating thereto. After any proceedings shall have begun to condemn lands for the purposes herein specified, the mayor and councilmen may abandon the same at any time, if they think it to the best interest of the city, upon payment of cost, which they are hereby authorized to do. 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 streets, alleys, lanes, sidewalks, squares, or other public places in said city, and to enforce the provisions of this Section by appropriate ordinance. The mayor and councilmen shall have the further right, power and authority to provide for and regulate, or have the same done, the curbs, gutters and other sluice-ways or drainways emptying into the streets, sidewalks, alleys or other public ways of said

Page 621

city; to regulate or prohibit (except as such power may be restricted by any existing general law of this State) the use of the streets, sidewalks, public squares or other public ways or places of said city for signs, sign posts, awnings, telegraph or telephone poles, horse troughs, racks, and for carrying banners, hand bills and advertising; to regulate or prohibit exhibitions of banners, hand bills, placards or things of like character on the streets and sidewalks, and public places in and of said city; also to compel any telegraph or telephone company having previously erected poles and wires in said city, to remove the same to any reasonable location designated by said mayor and councilmen, the same to be done for the purpose of better maintaining, changing or improving the public ways or squares of said city or accommodating the traveling public thereof and therein; and in case said telegraph or telephone company shall fail to remove said poles and wires within thirty days after having been notified to do so, said mayor and councilmen shall have the right to do so at the expense of said company, and collect the cost of such removal by execution. Streets, etc. SEC. 35. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority in their discretion to grade, pave, macadamize or otherwise improve the travel and drainage of the streets, sidewalk, roads, alleys and other public squares and ways of said city. In order to carry into effect the authority above, said mayor and councilmen shall have the right and authority to assess not more than two-thirds of the cost of paving and otherwise improving the streets and sidewalks on and against the real estate abutting on same, said assessments to

Page 622

be done in a just and fair manner to the city and the adjoining real estate owners; and when said improvements are made a bill for the pro rata part of the cost thereof shall be presented to the adjoining land owner or his agent, if either lives in said city, if not posted on the land for five days, and if the same is not paid, execution shall issue therefor and collected, as tax executions in said city are issued and collected, and the lien against the property for its pro rata of said improvements shall begin at the time of the passage of the ordinance authorizing the same to be made and shall have priority to all liens, except liens for taxes due the State, county and State. Street improvements. SEC. 36. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall have power and authority to establish, construct, 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 pipes, private drains, public sewers, private water closets, privies and the like, both public and private, in said city, with full power to prescribe the location, structure, uses and preservation, and to make such rules and regulations concerning them in all particulars as may seem best for the maintenance and preservation of the health and comfort of the inhabitants of said city, with full power also to require changes in or discontinuances 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,

Page 623

assessments may be made and executions may issue for the cost thereof, under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets or other public ways 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 may be applicable to constructing and maintaining sewers, and may be enforced by said mayor and councilmen by appropriate ordinances. Drainage and sewerage. SEC. 37. Be it further enacted by the authority aforesaid, 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 for that purpose, and if 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 payment or tender of the amount of the award the work may proceed, notwithstanding an appeal; and that the mayor and councilmen of said city may provide by ordinance, or ordinances, for the execution of the provisions of the Sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees of officers as they may deem best. Sewerage. SEC. 38. Be it further enacted by the authority aforesaid, 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, or

Page 624

any part thereof, 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. Drainage and sewerage beyond corporate limits. SEC. 39. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to make assessments on the various lands and lot owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot assessed, and to collect 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, and the execution shall be issued, enforced and collected in the same manner that other executions are issued, enforced and collected in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and councilmen shall have power to prescribe and define what shall constitute a lot for sanitary purposes and assessments, provided assessments shall not be on lots, or resident lots sub-divided. Sanitary tax. SEC. 40. Be it further enacted by the authority aforesaid, That for the purposes of raising revenue for the support and maintenance of the government of said city of Clayton, the mayor and councilmen shall have full power and authority to levy and collect an ad valorem tax on all property, real and personal, including money, notes, bonds, accounts and every other species of property in said city or owned or held therein, of not exceeding one dollar on each and every hundred dollars of taxable property, exclusive of taxes for public school

Page 625

purposes and other specific tax not necessary in the support and maintenance of the general government of said city; and for the purpose of providing a sinking fund for the purpose of paying the principal on any bonds that may be issued by said city authorities, and to provide a fund for the payment of any interest on such 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 return and collection of all taxable property in said city, and to provide penalties for neglect or refusal to comply with the same. Ad valorem tax. SEC. 41. Be it further enacted by the authority aforesaid, That the jurisdiction of the mayor and council of said city and the territorial limits of the same are hereby extended for police and sanitary purposes over all the lands that may be acquired by said city for waterworks, sewer or electric light purposes and water works or other stations, and for any other public purpose or use, and adjacent lands, and the pipes and mains of said water works or sewer system, and they shall have power and authority to provide by ordinances for the protection of said city waterworks or sewerage system and the preservation of the purity of the water of said water works system, and to provide penalties for violation of said ordinances, and the enforcement of the same. Said mayor and councilmen shall have jurisdiction over all property used for public purposes of any and all natures within or without the limits of said city and the police power of said city shall be exercised over the same, and said mayor and councilmen shall have the right to make ordinances governing the same. Said mayor and councilmen shall have full authority to contract for or

Page 626

condemn lands within or without said city for the purposes of establishing and maintaining an electric lighting or waterworks plant or system, sewerage system, or any of them; provided, that if it becomes necessary to exercise the right of condemnation, 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. Municipal jurisdiction beyond city limits. SEC. 42. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full and complete control of the sanitation of said city, and shall appoint such committees or boards as they may deem proper to look after the sanitary condition of said city and prescribe the rules and regulations governing said bodies. And said mayor and councilmen shall have power and authority to cause owners of lots or parts of lots, yards, cellars and other places where filth or trash may accumulate, in case the same should prove a nuisance, to fill or drain the same, and to fill or level the same so that such filth and trash should not accumulate therein or thereon and the sanitary condition thereof become pure. That if the occupants or owners of said lots, yards or cellars shall fail after notice, either to themselves or agents or after notice has been posted thereon for five days, to comply with the request of the mayor and council to fill up or drain said lot, yard or cellar, it shall be lawful for said city authorities to have said work done and issue execution for the cost of doing the same against the property so improved, and sale under such execution shall pass the title to the property when sold. Sanitation.

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SEC. 43. Be it further enacted by the authority aforesaid, That the mayor and council may by ordinance declare what shall be a nuisance in said city, and provide for the abatement of the same. The police court in said city shall have concurrent jurisdiction with the mayor and councilmen in respect to the trial and abatement of all nuisances in said city. Nuisances. SEC. 44. Be it further enacted by the authority aforesaid, That the marshal of said city shall have full power and authority to enter and, if necessary to make such entrance, to brake open and enter any building or place in said city in which the said marshal or the mayor and councilmen shall have reasonable cause to believe, or may suspect, a blind tiger, or where whiskeys, beers, wines, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling the same; and the said mayor and councilmen shall have full power and authority to abate any place in said city as a nuisance when they shall have reasonable cause to believe that a blind tiger, is being carried on therein or spirituous, vinous, malt or intoxicating liquors or beers are being sold therein, and to arrest the offender, or offenders, and upon conviction of a person for maintaining such nuisance and as a punishment for same, said mayor and councilmen shall have power and authority to cause the marshal or policemen of said city to seize and destroy the stock of liquors, beers and wines of said offender and the apparatus for selling the same, and otherwise punish said offender, or offenders, as may be prescribed by ordinances. Blind tigers. SEC. 45. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall exercise general supervision over all building or structures within

Page 628

said city and shall prescribe rules and regulations for the building and improving the same; and they 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 and without the city limits, to regulate interments therein and to expend annually such sum as may be necessary to keep said cemeteries in proper condition. Building permits. Churches and cemeteries. SEC. 46. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have the power to enact ordinances for the purpose of preventing the spread of contagious or infectious diseases, to declare and maintain quarantine line and regulations against such diseases, and punish for violations of any of said quarantine rules and regulations of said city. They shall have power to build or establish a pest house within or without said city limits and for this purpose they are authorized to buy, rent, hold or receive real estate, either within or without said city limits. They shall have power to compel the removal to the pest house any person or persons who shall have smallpox or any other contagious or infectious diseases when in their judgment it is to the best interest of the inhabitants of said city to do so; and they may compel all persons to be vaccinated, whether they be residents or sojourners of or in said city, and may provide vaccination points and materials and employ physicians at the expense of said city, all persons who are not able to procure said vaccination materials and may provide by ordinances punishment for persons failing or refusing to be vaccinated. Quarantine and public health.

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SEC. 47. Be it further enacted by the authority aforesaid, That all rules, regulations and ordinances heretofore of force in the town of Clayton, and which are now in force and not inconsistent or repugnant to this Act, shall remain in force and effect until the same are repealed, altered or amended by the mayor and councilmen of said city of Clayton, which they are hereby authorized to do at any time they may deem it proper. 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 citizens of said city at any and all times, and it shall not be necessary to give notice to the public of the intention to introduce any ordinance, rule, resolution 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 said city clerk. Ordinances. SEC. 48. Be it further enacted by the authority aforesaid, 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, squares, lanes, alleys, parks, and other ways and property of said city on such terms and conditions, and for such compensation, as they may fix; provided, that no such privileges shall be granted by said mayor and councilmen for a term of more than twenty years. Franchises. SEC. 49. Be it further enacted by the authority aforesaid, That should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended whenever he may be found in this State, and a warrant of the mayor, mayor pro tempore, or acting of said city shall be sufficient

Page 630

authority for his arrest and return for trial upon the charge resting against him, and should any person after conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State and the warrant to the aforesaid city officers, or either one of them, shall be sufficient authority for his arrest and return, and all persons so escaping from the custody of said city, or its officers, may be tried against for such escape, and punished not exceeding the penalties hereinbefore provided. Fugitives. SEC. 50. Be it further enacted by the authority aforesaid, 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 any officer, or conduct of any officer, and said committee or mayor and councilmen conducting said examination, shall have power to send for any persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and make all disclosures pertinent to such investigation, and if the facts authorize it, to suspend any officer so investigated or whose conduct is the subject of such investigation. Supervision of officers. SEC. 51. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city 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. 52. Be it further enacted by the authority aforesaid, That the mayor and councilmen may provide for a city prison which shall be safe and suitable for keeping

Page 631

and detention of prisoners and convicts, and may appoint a custodian therefor, but in case said mayor and councilmen should so desire they shall be allowed to use the county jail of Rabun county for such purposes by paying the fees allowed the sheriff or jailor of said county for receiving, feeding and discharging other prisoners. City prison. SEC. 53. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to suppress lewd houses, lewdness and immoral conduct, gambling and gambling places and to preserve the sanetity 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, and upon proper and sufficient proof of ill fame, bawdy houses, lewd or gaming houses or place, said mayor and council shall have full power and authority 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 to or suffer the same to remain on the premises, shall, upon conviction, be punished as provided by ordinance. Suppression of vice. SEC. 54. Be it further enacted by the authority aforesaid, That said city of Clayton created by this Act shall have power and authority to establish, own, maintain and operate a system of waterworks, electric light plant, or 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 ordinary using or power purposes, sewerage, or any

Page 632

of them, and the mayor and councilmen of said city shall have full power and authority to do any and all things necessary for such purposes, to contract with any person for the purchase of such plants, or any parts of same, land or premises, and water rights, to be used in connection therewith, whether within or without said city, and if necessary, to condemn the same as in this charter provided. Said mayor and councilmen shall have authority to make contracts for the purchase of plants, machinery and appliances, and do any Acts necessary in connection with same, and for the purpose of making said systems more proficient, the said mayor and councilmen shall have the power to appoint a commission for all, or any, of said systems, and prescribe their duties and powers by proper ordinances. Public utilities. SEC. 55. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall provide for the proper registration of qualified voters for both general and special elections in and for said city, and to this end they are hereby authorized to pass such ordinances, rules and regulations governing the same as will carry said registration into effect in a way that will allow all citizens of said city, who are qualified to vote to exercise that right, and prohibit those not qualified to vote from doing so. Registration of voters. SEC. 56. Be it further enacted by the authority aforesaid, That all executions in favor of the city of Clayton for the enforcement and collection of any fine, forfeiture assessment, taxes or other claim, demand or debt, shall be issued by the clerk of said city and bear test in the name of the mayor (except when otherwise provided by this charter) and shall be directed to the

Page 633

marshal of said city and all and singular the sheriffs and constables of the State and shall state for what issued, and be made returnable to the mayor and councilmen of the city of Clayton at least within ninety days after issuing the same; and it shall be the marshal or other collecting officer's duty to advertise the sale of such real or personal as may be levied on by him to satisfy said execution, in the same manner respectively as sheriffs' sales or realty or constables' sales of personalty are required to be by law. All of said sales to be 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 sheriffs' and constables' sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due said city, shall be the same as provided by law for sales 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 centum 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 officer or agent of said city may bid off said property for said city, and the marshal, or the officer making said sale, shall make to said city of Clayton 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 of redemption of the owner shall have expired, and the marshal, or other officer making said sale shall put the city in possession,

Page 634

and the mayor and council of said city shall have no right to divert or alienate the same, the title of the city to sell said property, except by public sale to the highest bidder, in such manner as may be prescribed by ordinances duly made and executed by said mayor and council of said city of Clayton. The clerk of said city shall keep an execution docket, and shall enter thereon all executions, giving the date, the amount, the purpose of which, and to whom the same was delivered, and all the doings and actings thereon. Said execution shall also be returned to the office of said clerk after the same has been duly satisfied. All sales and conveyances made under executions shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making any sale, shall have the same power as the sheriffs and constables to put purchasers in possession of the property sold by them under the laws of this State. Municipal claims, how enforced. SEC. 57. Be it further enacted by the authority aforesaid, That the mayor and council shall provide by ordinance the form of all accusations, affidavits and warrants to be issued in all trials for violations of the ordinances and criminal laws of said city and of the State in said city, and the procedure in such trials. Nothing in this Section shall operate to repeal any ordinance or rules of said city now of force on this subject, but the same shall remain of force and effect until the same are repealed or amended by ordinance duly adopted by said mayor and councilmen. Accusations, etc. SEC. 58. Be it further enacted by the authority aforesaid, That said mayor and councilmen of said city shall have power and authority to acquire, on behalf of the

Page 635

city of Clayton, by gift, purchase, lease or otherwise, grounds suitable for park, or parks, as in their judgment may be to the interest, welfare and beauty of said city or citizens thereof, and shall have the power and authority to lay out the same into such park, or parks, improve, maintain and preserve the same, and to this end may appoint such officers and employees to carry out the purposes of the Section, and prescribe their compensation for such employment. Parks. SEC. 59. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power and authority to adopt ordinances for the setting out, improving and protecting the trees and groves of said city, and upon the streets, sidewalks and other public ways or places thereof; and no one shall be empowered with the right to fell, or otherwise injure said trees without the written consent of the said mayor and councilmen. Trees. SEC. 60. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the city of Clayton may require and compel all male persons in said city between the ages of sixteen and fifty years, subject to road duty under the laws of Georgia, to work upon the streets, sidewalks, lanes, alleys, squares and other public ways and property in said city not to exceed fifteen days in each year, at such time or times as the said mayor and councilmen may require, or to pay a commutation tax in lieu thereof, not to exceed one dollar per day for each day required to be performed, as said mayor and councilmen may determine by ordinance. Should any person liable to work as aforesaid in this Section fail or refuse to do so, or to pay the commutation tax required of him in lieu thereof, after

Page 636

having been notified, either by serving him in person or by leaving written summons at his most notorious place of abode at least one day before such work shall be done or commutation tax in lieu thereof to be collected, shall be deemed guilty of violation of this Section, and on conviction in the police court of said city, shall be fined in a sum not to exceed three dollars for each day he may be required to work or for each dollar of commutation tax due by him, or imprisoned in the city prison, not exceeding fifteen days for each time he may be required to work, or imprisoned in the city chaingang not to exceed three days for each day required to work or for each dollar required as commutation tax and said mayor and councilmen shall make such rules, regulations and ordinances to carry into effect this Section as they may deem proper, not inconsistent herewith. Street work and commutation tax. SEC. 61. Be it further enacted by the authority aforesaid, That said mayor and councilmen of said city of Clayton shall have full power and authority to pass all laws, ordinances, rules and regulations, that may deem and 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, drunkenness, 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,

Page 637

resolutions and regulation for the government of their body, and all officers of said city, and to do any and all other Acts and exercise all other power 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, resolutions and regulations are consistent with the laws of the State. General welfare. SEC. 61. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have the power to control and regulate the running and operating of all locomotives, trains, street cars, automobiles and all other vehicles, 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. Public tranquility. SEC. 62. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power to pass ordinances and regulations, preventing idleness and loitering wlthin the corporate limits of said city and to prescribe penalties for violations thereof. Vagrancy. SEC. 63. Be it further enacted by the authority aforesaid, That in case the mayor, or any councilman, while in office shall be guilty of malpractice, and wilful neglect in office, or abuse of the powers 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. Malpractice. SEC. 64. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and councilmen

Page 638

of said city to provide for 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 in said city from fires. Fire protection. SEC. 65. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have power and authority to a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorize the city marshal and policeman of said city to kill any dog running at large in said city whose owner refuses to comply with such ordinances. Dog tax. SEC. 66. Be it further enacted by the authority aforesaid, That authority to carry out and enforce and effectuate by ordinances, and to provide 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 Clayton, as created by this Act, are hereby expressly conferred on the mayor and councilmen of said city. Municipal powers. SEC. 67. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the city of Clayton are hereby authorized to levy and collect a tax annually, in addition to that now allowed by this charter for other purposes, not to exceed one per centum on the taxable property of said city as shown by the regular digest of property prepared for purposes of town taxation, for the purpose of establishing and maintaining

Page 639

a system of public schools for said city, said fund not to be used for any other purposes. School tax. SEC. 68. Be it further enacted by the authority aforesaid, That there shall be a board of education for said city under the corporate name of Clayton board of education, with the right to sue and be sued in said corporate name, and whose duty it shall be to establish, manage, control and maintain said system of public schools. Said board shall consist of five members, to be elected by the mayor and councilmen of said city within thirty days from the ratification of the Section of this charter providing said school system as hereinafter provided; or as soon thereafter as practicable. At the first election, two members shall be elected for two years, and three members shall be elected for a term of one year, and thereafter election for members of said board shall be held annually, on the first Monday in January of each year, or so soon thereafter as practicable, and the terms of members elected after said first election shall be for two years. All vacancies on the board of education shall be filled by special elections; for the unexpired terms only. The members of said board may hold their office until their successors are elected and qualified. No person shall be eligible to membership upon said board except such persons as would be eligible to the office of mayor of said city, and no person shall be eligible to membership on said board who is mayor or councilmen of said city at the time of his election. Board of education. SEC. 69. Be it further enacted by the authority aforesaid, That said board shall organize by electing a president and vice-president from their own members. They may also elect a superintendent of schools, who shall

Page 640

act as secretary of said board, but shall receive no extra compensation for his seervices as treasurer of said board. Organization of board. SEC. 70. Be it further enacted by the authority aforesaid, That said board of education shall have power to establish, design and adopt a system of public schools for said city; to appoint a superintendent and teachers for the same; to suspend or remove such teachers and superintendent, to fix compensation for such employees as are entitled to compensation, to provide school house, or houses, by rent, building, purchase or otherwise, to make and hold titles to such property, if proper to do so, and to make such rules and regulations for the government of themselves, said schools and all other matters and things pertaining thereto as they may deem proper and not in conflict with the laws of this State, and to do any and all other things promotive to the best educational interests of said city not in conflict with the provisions of this Act and the laws of this State. Public school system. SEC. 71. Be it further enacted by the authority aforesaid, That there shall be established and maintained for at least six scholastic months in each year, under the provisions as hereinbefore and hereinafter set forth, one, and only one, (at or near the center of said city, within easy reach of all the children of school age in said city), school for white children, and if said board of education deem it necessary, they may establish and maintain one, and only one, school for colored children, at any place they may deem proper, in said city. No white child shall be admitted into the school for colored children, and no colored child shall be admitted into

Page 641

the school for white children. All children who are entitled to public school under the laws of this State, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of said city, shall be admitted to said school, or schools, upon payment of such incidental fees only as the board of education of said city may deem necessary. Children of non-residents, and such others as may not be entitled to the benefits of said schools, shall be admitted upon such terms as may be prescribed by said board of education, not in conflict with the laws of this State, provided, said board may charge an extra tuition or incidental fees to students pursuing in said school a higher course than that taught in the common schools of said State. School regulations. SEC. 72. Be it further enacted by the authority aforesaid, That after said school system has gone into effect, as hereinafter provided, it shall be the duty of the county school commissioner of Rabun county, and he is hereby required, to pay over to the treasurer of said city, under such rules as the board of education of said city may provide, that portion of the public school fund of said county to which the schools established as herein provided for said city may be entitled under the laws of this State and the rules of distribution under which the county board of education of said Rabun county assigns to the other schools of said county their pro rata share of the school funds of said county; provided, that said funds due said schools in said city by said county school commissioner of said Rabun county shall be based on the pro rata part of all the school children attending said schools, whether they reside within the corporate limits of said city or not, who are entitled to public school funds in any public school in said State. Pro rata share of county school fund.

Page 642

SEC. 73. Be it further enacted by the authority aforesaid, That as early as practicable, after said school system has gone into effect, and by January 20th of each year thereafter, the said board of education shall determine what amount of money will be necessary to be raised by taxation to defray the expenses of said school, or schools, for the ensuing year, and shall lay the same before the mayor and councilmen of said city, and said mayor and councilmen shall be required to levy and collect; provided said amount does not exceed one per cent. of the taxable property of said city, which said amount shall be levied and collected as other taxes of said city are levied and collected, and without expense therefor. Said tax, when collected, shall be turned over to the treasurer of said city, and together with the amount received from the county school commissioner of Rabun county, such tuition or incidental fees as may be collected, and any and all other funds, as may be placed in his hands to be used for and in said city schools, shall constitute a fund to be expended only by the order of the said city board of education in defraying the expenses necessary for carrying on said schools. School tax. SEC. 74. Be it further enacted by the authority aforesaid, That after said school system goes into effect the board of education of Rabun county shall not grant any license to, or contract with any person to teach a school of any character in said city, nor shall any of the State school fund be paid to any school in said city other than herein provided for; and it shall not be lawful for said county board of education to establish or maintain any public school, or schools, within two miles of the corporate boundaries of said city without the written consent of the board of education of said city. County schools.

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SEC. 75. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have power and authority to issue bonds of said city not to exceed five thousand dollars ($5,000.00), or so much thereof as may be, in their judgment, necessary. Said bonds may be issued of such denominations, and with such rate of interest, not exceeding seven per cent. per annum, as said mayor and councilmen may determine upon. They shall run for a term not to exceed fifteen years, and said mayor and councilmen may provide for the maturing of said bonds at any time during said fifteen years, and said mayor and councilmen shall designate when the interest on said bonds shall become due and payable. Said bonds, when issued, shall be sold for not less than par and their proceeds turned over to the board of education of said city, to be used by said board for the purpose of purchasing or erecting one or more public school buildings in said city, and properly furnishing the same, and for this purpose only. Bonds for school buildings. SEC. 76. Be it further enacted by the authority aforesaid, That before said bonds shall be issued it shall be recommended by said city board of education, and the question of their issuance shall be submitted to the legally qualified voters of said city. For this purpose the mayor and councilmen, upon the recommendation of the city board of education, shall order an election, of which at least ten days' notice shall be given by publication of such notice in the newspaper, may be the official organ of Rabun county, and posted in at least three public places in said city. Said election shall be held and governed by the same rules and regulations as elections for mayor and councilmen, and the qualification

Page 644

of voters shall be the same. Each voter shall have printed or written on his ballot the words for bonds or against bonds, and if two-thirds of the qualified voters, voting at said election, shall vote for bonds, it shall be the duty of the mayor and councilmen to issue the same, and in the event said bond election shall not carry, it shall be the duty of said mayor and councilmen, upon the recommendation of said city board of education, to order another election; provided, said election shall not be held oftener than six months. Election for bonds. SEC. 77. Be it further enacted by the authority aforesaid, That at or before the time of issuing any of said bonds, the mayor and councilmen of said city shall provide for the levy and collection of an annual tax, if necessary, in addition to all other taxes authorized by law, and of sufficient amount to pay promptly the principal and interest of said bonded debt, nor shall any part of said funds so raised be used for any other purpose. Tax to pay bonds. SEC. 78. Be it further enacted by the authority aforesaid, That in case any school property acquired by said city under any provision of this Act, or otherwise, be sold, the funds derived from such sale, or sales, shall be reinvested in other property to be used for school purposes, or applied to the liquidation of said bonds Sale of school property. SEC. 79. Be it further enacted by the authority aforesaid, That said mayor and councilmen may require the members of said city board of education or any employee thereof, to take such oath and give such bond, or bonds, as said mayor and council may deem proper. Oath and bond of members of board of education. SEC. 80. Be it further enacted by the authority aforesaid, That before the Sections of this Act, to-wit: Section

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67 to Section 79, inclusive, which provides for a public school system for said city, shall become operative, its adoption shall be submitted to the qualified voters of said city, for which purpose the mayor and councilmen shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said city, which election shall be held under the same rules and regulations as elections for mayor and councilmen of said city, and the qualification of voters shall be the same. At said election those in favor of said public school system shall have written or printed on their tickets or ballots the words for public school system, and those opposed to public school system shall have written or printed on their tickets or ballots the words against public school system. And if two-thirds of the ballots cast in said election be for public school system, said Section herein named shall become operative. Should the result of the election herein provided for be against the public school system, the mayor and councilmen shall order another election not oftener than six months apart until said system is adopted. Ratification of provisions establishing public schools. SEC. 81. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall have power and authority to establish and maintain a waterworks and sewerage system for said city, and to this end may purchase, lease, rent and control lands, within or without the corporate limits of said city, and shall do any and all acts in establishing, maintaining and controlling the same as they may deem proper; they shall have the privilege of purchasing all things or materials in connection therewith. If they deem it proper, they may issue bonds in the sum of not exceeding

Page 646

twenty-five thousand ($25,000) dollars, the same to be of such denominations and bear such rate of interest not exceeding six per cent. per annum as said mayor and councilmen may see fit. Said bonds to be paid within twenty years, but said mayor and councilmen may refund the same within a less period than twenty years. Before said bonds shall be issued, said mayor and councilmen shall order an election at which all qualified voters, eligible to vote for mayor and councilmen of said city, shall be entitled to vote. Those in favor of bonds shall have written or printed on their ballots for waterworks and sewerage bonds, and those against such bonds shall have written or printed on their ballots against waterworks and sewerage bonds. If two-thirds of such qualified voters, voting at said election, shall cast their ballots for such bonds, said mayor and councilmen shall issue the same, and the proceeds from their sale shall be used for the establishment of said system, and for no other purpose. Said mayor and councilmen shall post notice of said election for at least ten days next prior to the holding thereof in three conspicuous places in said city, and said election shall be held under such rules and regulations as elections for mayor and councilmen are held for said city, at or before the issuing of said bonds or any part thereof. Said mayor and councilmen shall prepare for the levy or collection of taxes, over and above other taxes to be levied in said city with which to pay the annual interest and the principal of said bonds when the same shall become due. If said election should not be in favor of the issuance of said bonds, the mayor and councilmen have the right to order other taxes to be levied in said city with which to pay the annual interest and the principal

Page 647

of said bonds when the same shall become due. If said election shall not be in favor of the issuance of said bonds, the mayor and councilmen shall have the right to order other elections not less than six months apart until said bond issue shall carry. Water and sewerage. SEC. 82. Be it further enacted by the authority aforesaid, That said mayor and councilmen may establish and maintain an electric lighting system in and for said city, and to this end they are authorized to purchase all things, equipage and materials necessary in the establishment and maintenance of said system. They shall have the right for this purpose, to purchase, lease, rent or otherwise hold lands and rights-of-way, either within or without the corporate limits of said city, and shall make all ordinances, rules, and regulations necessary in the establishing, maintaining, controlling, and preserving said system, and in renting lights and power to customers. Before said system shall be installed, said mayor and councilmen shall have power and authority to issue bonds in a sum not to exceed twenty-five thousand dollars ($25,000), which said bonds shall bear an annual rate of interest not to exceed six per centum, and shall be issued in such denominations as the said mayor and councilmen shall see fit, and shall be paid within twenty years from their issuance, but said mayor and councilmen may refund said bonds in an earlier period than twenty years; and at the time and before said bonds are issued, said mayor and councilmen shall provide for the levy and collection of taxes over and above other taxes in and for said city sufficient to pay the principal and interest due on said bonds whenever the same may become due and payable. Before said bonds shall be issued, the mayor and councilmen of said

Page 648

city shall order an election for said bonds at which all voters qualified to vote for mayor and councilmen of said city shall be eligible to vote. Said mayor and councilmen shall give notice of said election by posting the same in at least three conspicuous places in said city for ten days next prior to holding of said election, and the same shall be held under the same rules and regulations as elections for mayor and councilmen of said city are held. At said election all voters in favor of such bonds shall have written or printed on their ballots for electric light bonds, those against said bonds shall have written or printed on their ballots against electric light bonds. If two-thirds ([frac23]) of the qualified voters, voting at said election, shall cast their ballots for said bonds, then it shall be the duty of said mayor and councilmen to issue said bonds, and with the proceeds to establish and equip said electric lighting plant for which the proceeds of the sale of said bonds shall be used, and for no other purposes. Electric lights. SEC. 83. Be it further enacted by the authority aforesaid, That all Acts of the General Assembly of this State heretofore passed and amendments thereto incorporating the town of Clayton, and conferring powers on the same, are hereby repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1909. CLAYTON, TOWN OF, CHARTER REPEALED. No. 132. An Act to repeal an Act entitled An Act to incorporate the town of Clayton, in Rabun county, and to grant corporate powers to the same, and for other purposes,

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approved February 28, 1874, and an Act amendatory thereto, which is as follows: An Act to amend the charter of the town of Clayton, in Rabun county, as set forth in an Act entitled an Act to incorporate the town of Clayton, in Rabun county, and to grant corporate powers to the same, and for other purposes, approved February 28, 1874, approved December 16, 1897, 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 incorporate the town of Clayton, in Rabun county, and to grant corporate powers to the same, and for other purposes, approved February 28, 1874, and an Act amendatory thereto entitled An Act to amend the charter of the town of Clayton, in Rabun county, as set forth in `An Act entitled an Act to incorporate the town of Clayton, in Rabun county, and to grant corporate powers to the same, and for other purposes, approved February 28, 1874; approved December 16, 1897, as set forth on pages 107 et seq. of the Acts of General Assembly of Georgia, 1897, be, and the same are, hereby repealed. Clayton, town of, 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 14, 1909. COLLINS, CITY OF, CHARTER AMENDED. No. 138. An Act to amend an Act entitled An Act to incorporate the city of Collins, in the county of Tatnall, State of Georgia, etc., approved August 22nd, 1905, so as

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to change the boundary of said city from a circle to a square, 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, an Act entitled An Act to incorporate the city of Collins, in the county of Tatnall, State of Georgia, approved August 22nd, 1905, be, and the same is, hereby amended by striking from Section one of said Act the words of one-half of one mile in every direction from the drug store of Dr. J. J. Kennedy, in the town of Collins, Tatnall county, between the word limits, in the fourth line of Section 1, and the word be in the sixth line thereof, and inserting in lieu thereof the words of a square, having for its center the drug store of Dr. J. J. Kennedy, in the town of Collins, Tatnall county, and extending from a corner of said drug store one mile north, one mile east, one mile south, and one mile west, to said beginning point, said territory being one mile square, so that said Section, when 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 from and after the passage of this Act the inhabitants of the territory embraced within the limits of a square, having for its center the drug store of Dr. J. J. Kennedy, in the town of Collins, Tatnall county, and extending from a corner of said drug store one mile north, one mile east, one mile south and one mile west to said beginning point, said territory being one mile, be and they are hereby incorporated under the name and style of the city of Collins, and by that name shall be and are hereby invested with all the powers, rights, and privileges

Page 651

incident to municipal incorporations in this State, as well as all the rights, powers, titles, property easements and hereditaments now belonging or in any wise appertaining to the town of Collins, heretofore incorporated, said city of Collins created by this Act, is hereby made responsible as a corporate body for all legal debts, liabilities, and undertakings of the said town of Collins, as heretofore incorporated. Collins. Corporate limits, powers and rights. SEC. 2. Be it further enacted by the authority aforesaid, That the center of said city of Collins shall be where Main street crosses the Seaboard Air Line Railroad, and that one-half mile on said railway east shall fix the eastern limits of said city; and one-half mile on said railway west shall fix the western limit of said city, and one-half mile on said Main street shall fix the northern limit of said city, and one-half mile south on said Main street shall fix the southern limit of said city; that from the eastern limit of said city on said railway a line shall be run due north and south one-half mile long in each direction; that from the western limit of said city on said railway a line shall be run due north and south one-half mile long in each direction, that from the northern limit of said city on said Main street a line shall be run due east and west one-half mile long in each direction, and that from the southern limit of said city on said Main street a line shall be run due east and west one-half mile in each direction. That where the said lines intersect each other shall be the four corners of said city. That the four lines run from said railway shall be perpendicular to said railway and the four lines run from said Main street shall be perpendicular to said Main street, and that the said city shall be one mile square. Corporate limits.

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SEC. 3. Be it enacted by the authority aforesaid, That this law shall go into effect as soon as it is signed by the Governor of the State and immediately thereafter it shall be the duty of the mayor of said city to have the boundaries of said city laid out as defined above. Location of lines. 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, 1909. COLLINS, CITY OF, CHARTER AMENDED. No. 124. An Act to amend an Act entitled, An Act to incorporate the city of Collins in the county of Tattnal, State of Georgia, etc., approved August 22d, 1905, so as to change the boundary of said city from a circle to a square, 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 entitled, An Act to incorporate the city of Collins in the county of Tattnal, State of Georgia, approved August 22d, 1905, be and the same is hereby amended by striking from Section one of said Act the words of one-half of one mile in every direction from the drug store of Dr. J. J. Kennedy in the town of Collins, Tattnal county, between the word limits in the fourth line of Section 1, and the word be in the sixth line thereof, and inserting in lieu

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thereof the words of a square having for its center the drug store of Dr. J. J. Kennedy, in the town of Collins, Tattnal county, and extending from a corner of said drug store one mile north, one mile east, one mile south and one mile west, to said beginning point, said territory being one mile square, so that said Section when amended shall read as follows: Collins. 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 embraced within the limits of a square, having for its center the drug store of Dr. J. J. Kennedy, in the town of Collins, Tattnall county, and extending from a corner of said drug store one mile north, one mile east, one mile south and one mile west to said beginning point, said territory being one mile square, be and they are, hereby incorporated under the name and style of the city of Collins, and by that name shall be, and are, hereby invested with all the powers, rights and privileges incident to municipal incorporations in this State, as well as all the rights, powers, titles, property easements and hereditaments now belonging or in any wise appertaining to the town of Collins, heretofore incorporated, said city of Collins created by this Act, is hereby made responsible as a corporate body for all legal debts, liabilities and undertakings of the said town of Collins, as heretofore incorporated. Corporate limits, powers and rights. SEC. 2. Be it further enacted by the authority aforesaid, That the center of said city of Collins shall be where Main street crosses the Seaboard Air Line Railroad, and the one-half mile on said railway east shall

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fix the eastern limits of said city; and one-half mile on said railway west shall fix the western limit of said city, and one-half mile on said Main street shall fix the northern limit of said city, and one-half mile south on said Main street shall fix the southern limit of said city; that from the eastern limit of said city on said railway a line shall be run due north and south one-half mile long in each direction; that from the western limit of said city on said railway a line shall be run due north and south one-half mile long in each direction, that from the northern limit of said city on said Main street a line shall be run due east and west one-half mile long in each direction, and that from the southern limit of said city on said Main street, a line shall be run due east and west one-half mile in each direction. That where the said lines intersect each other shall be the four corners of said city. That the four lines run from said railway shall be perpendicular to said railway, and the four lines run from said Main street shall be perpendicular to said Main street; and that the said city shall be one mile square. Corporate limits. SEC. 3. Be it enacted by the authority aforesaid, That this law shall go into effect as soon as it is signed by the Governor of the State and immediately thereafter it shall be the duty of the mayor of said city to have the boundaries of said city laid out as defined above. Location of lines. 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 13, 1909.

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NOTE BY COMPILER: This Act is substantially a duplicate of the preceding Act. Both were duly signed and filed in the office of the Secretary of State and are therefore published. COMMERCE, CITY OF, INCORPORATED. No. 288. An Act to incorporate the city of Commerce in the county of Jackson, and prescribe its limits, to provide for the election of the mayor and councilmen and other officers of said city of Commerce; to prescribe their power and duties and the manner of their election; to declare and provide for the police force of said city and to provide for all matters of municipal concerns and cognizance; to provide that all valid bonds and contracts heretofore made and entered into by the municipal authorities of the city of Commerce and the town of Harmony Grove, shall be good and valid for and against the city of Commerce; that all property formerly held and owned by the town of Harmony Grove shall be and become the property of the city of Commerce; to provide for the issuing of bonds for the establishment of an electric light plant and also for the issuing of additional bonds for the enlargement of the present water works and sewerage system in said city of Commerce, 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 defined, are hereby incorporated

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under the name and style of the city of Commerce, and made a body corporate and politic and with perpetual succession; that they may have and use a common seal; may sue and be sued; may plead and be impleaded with in any courts of law and equity in this State; may purchase, have and hold, receive and enjoy, possess and retain for corporate purposes, all property both real and personal, either within or without the jurisdiction of the limits of said city of Commerce, as hereinafter defined, and the mayor and council of said city of Commerce may sell or otherwise dispose of any such property for the benefit of said city as said mayor and council may deem proper; said mayor and council shall have the power and authority to pass all ordinances, by-laws, rules and regulations not in conflict with the Constitution and laws of the State of Georgia, or of the United States, that they may deem proper for the general welfare of the inhabitants of the city of Commerce and on said municipal authority is conferred the power to grant franchises to a person, persons, firm or firms, or corporation for a term or terms of years, and the power to make and enter into any and all contracts incident to municipal corporations for a term or terms of years, and to make the same binding on said municipal authorities for said term or terms or years. Commerce, city of, incorporated. SEC. 2. Be it enacted by the authority aforesaid, and it is hereby enacted by same, That the corporate limits of said city of Commerce shall be as follows: Beginning at an iron pin in the center of the main line of the Southern Railway track at the depot of said Southern Railway in the city of Commerce and extending along said railway one mile northwest and one mile and three hundred yards along said railway southeast, and on the

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east side of said railroad the corporate limits shall extend one-half of a mile from the center of said railroad track and parallel thereto, and on the west side of said railway track the corporate limits of said city shall extend parallel with said track a distance of four hundred yards from the center of said track; provided, however, that the incorporate limits of said city of Commerce on the west side of the Southern Railway track, shall also embrace and include 15 feet on each side of the water main, extending from the point where it now enters the present corporate limits of said city of Commerce to the water works station, and shall also include the two (2) acres of land purchased by the city of Commerce from H. E. Hardeman, or water works site for said city of Commerce, described as follows: Beginning at a sweet gum tree on the creek in the west side of H. E. Hardeman's residence, thence north 51[frac34][prime] E. 162 ft. 9 in. to a stake, thence South 49[frac34][prime] E. 234 ft. 3 in to a stake, thence South 29[prime] W. 214 ft. 5 in to a stake; thence South 76[prime] W. 211 ft. 2 in to a sweet gum on the creek, thence north 7[prime] E. 357 ft. 10 in. to the beginning corner, containing two and twenty-eight one hundredths (2 28/100) acres, which deed was executed by H. E. Hardeman to said city of Commerce on September 11th, 1908, and shall also include the fifteen feet each side of the present conduit, by which the water is conveyed by gravity from the pond above the present water works station into the reservoir at said station and shall also include the tract of land containing thirty-two one hundredths (32/100) acres purchased from said H. E. Hardeman for the site of said pond described as follows: Beginning on a stake near the dam thence South 65[prime] E. 203 ft. 7 in. to a stake thence North 26[frac34][prime] E. 46 ft. 10 in.

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to a stake, thence North 51[prime] W. 197 ft. to a stake; thence South 33[prime] W. 96 ft. to the beginning corner, containing thirty-two one hundredths (32/100) acres. Corporate limits. SEC. 3. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That said city of Commerce shall be divided into four (4) wards known as wards Nos. 1, 2, 3 and 4, and said wards shall be bounded as follows: First Ward: Commencing at an iron pin in the center of the main line of the Southern Railway track at the point where the Southern Railway crosses Central avenue, northward thence along said railway track to Homer street; thence along Homer street to the corporate limits; thence along the corporate limits to State street; thence along State street to the intersection of State street and Central avenue, and thence along Central avenue to the beginning iron pin corner in the center of said Southern Railway track. Second Ward: Commencing at an iron pin in the center of the main line of the Southern Railway track at a point where said Southern Railway crosses Central avenue, thence Southward along the center of the main line of the Southern Railway track to the corporate limits; thence along the corporate limits to State street; thence along State street to its intersection with Central avenue; thence along Central avenue to the beginning iron pin in the center of said railway track. Third Ward: Commencing at an iron pin in the center of the main line of the Southern Railway track at a point where said Southern Railway crosses Central avenue, thence along Central avenue to the corporate limits, thence along the corporate limits on the west side of said railway track, to the Southern Railway track, and thence northward along the center of said railway track to the

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beginning iron pin corner. Fourth Ward: Commencing at an iron pin in the center of the main line of the Southern Railway track at a point where said Southern Railway crosses Central avenue, thence northward along the center of the Southern Railway track to Homer street, thence along Homer street to the corporate limits, thence along the corporate limits to Central avenue, thence along Central avenue to the beginning iron pin corner. Wards. SEC. 4. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That each of the above mentioned wards shall be entitled to one councilman, who shall hold office for two years, and until their successors are elected and qualified. There shall also be elected from the city at large two other councilmen, to be known as councilmen at large, who shall be elected at the same time and hold office for the same length of time, as the other councilmen above mentioned. Councilmen. SEC. 5. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the next election which shall be held in the said city of Commerce shall be held on the first Wednesday in December, 1909, and biennially thereafter, except as hereinbefore provided for, at which election the mayor and six (6) councilmen shall be elected, the councilmen to be elected from the different wards of the city hereinbefore provided for. The mayor in all cases shall hold his office for the term of two years, and until his successor shall be elected and qualified. Mayor and councilmen election of. SEC. 6. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That no person shall be eligible as mayor of the said city of Commerce

Page 660

unless he shall have attained the age of twenty-five years, is a citizen of the United States and shall have resided in said city of Commerce for two years immediately preceding his election. Qualifications of mayor. SEC. 7. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council, or a majority of the council, shall have the power to elect a mayor pro tem, which election shall take place at the first meeting in January after the election of said mayor and council. The mayor pro tem shall be clothed with all the rights, privileges and powers and shall perform all the duties of the mayor-elect during sickness or absence from the city of the mayor, the mayor pro tem, first taking the usual oath administered to the mayor and not otherwise. Mayor pro tem. If the mayor pro tem, as well as the mayor elected by the people, should both be unable, from any cause to attend their duties, the council shall then elect another mayor pro tem, who shall thereby be clothed with all the rights and powers and shall perform all the duties of the mayor of the said city of Commerce, upon the taking of the usual oath by the second mayor pro tem, who shall serve only during the absence of the mayor elected by the people. The mayor, mayor pro tem and each of the councilmen shall, before entering upon the discharge of the duties of their office, take and subscribe before any 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 mayor pro tem, or councilman, as the case may be) of the said city of Commerce by adopting and enforcing such measures as shall in my judgment

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be best calculated to promote the general welfare of the city of Commerce. I do further swear that I have not practiced any unlawful means, either directly [Illegible Text] indirectly, to procure my election and that I have not given or offered or promised or caused to be promised to any person or persons, or any money or anything of value, with intention to affect any vote, or to prevent any person voting at the election at which I was elected, so help me God. And after the taking and subscribing of the above oath, the mayor, mayor pro tem and councilmen shall forthwith enter upon the discharge of the duties of their respective offices. Oath of mayor and councilmen. SEC. 8. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That on all questions before the city council, the mayor shall be entitled to vote only in case of a tie vote by the councilmen of said city of Commerce. Mayor's vote. SEC. 9. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor of said city of Commerce, or in his absence or disqualification, the mayor pro tem, presiding in the municipal court in said city of Commerce shall have authority to bind over or commit to jail, offenders against any criminal law of this State, whenever in the course of the investigation before such officer a proper case therefor shall be made out by the evidence and it shall be the duty of the jailer of the county of Jackson to receive all such persons so committed to the county jail of said county by the mayor or mayor pro tem of said city of Commerce, and safely keep them until discharged by due process of law. Mayor's court.

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SEC. 10. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor or in his obsence or disqualification, the mayor pro tem shall have full power and authority to hold at such times and places, and under such rules and regulations as may be prescribed by ordinance of said city of Commerce, a mayor's court for said city and shall have the right to impose such fines and penalties for violation of the city ordinances as may be prescribed therein, said fines not to exceed the sum of five hundred ($500) dollars, or to impose a sentence of imprisonment in the city prison, or labor on the public works and streets of the city of Commerce, either one or both in the discretion of the mayor or mayor pro tem not exceeding twelve months. Offenders, trials of, and penalties. SEC. 11. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That mayor, mayor pro tem, and each member of the city council of said city of Commerce, shall be clothed with all the authority and power of a justice of the peace, so far as to enable any one of them to issue warrants for offenses committed within the corporate limits of the city of Commerce, to suppress riots or breaches of the peace and to arrest, confine, commit or bind over offenders against the laws of this State, to answer for such offenses before the proper tribunal. Mayor and councilmen ex-officio, justices of the peace. SEC. 12. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That any person shall be eligible as councilman of said city of Commerce, who is a citizen of said city and of the United States and has resided in said city for two years immediately preceding his election, and shall have arrived at the age of twenty-one years. Qualifications of councilmen.

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SEC. 13. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That each of the councilmen of said city of Commerce shall be elected bi-annually on the first Wednesday in December of each year beginning on the first Wednesday in December, 1909, and biennually thereafter, and shall hold their office for the term of two years, and until their successors are duly elected and qualified. Election of councilmen. SEC. 14. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the councilmen of the said city of Commerce shall be incompetent to hold any other municipal office in said city during the term of office for which they were chosen; provided, however, that nothing herein contained shall render them ineligible to be elected during said term, to serve in a term immediately succeeding said term, but nothing in this Section shall apply to any municipal office which is filled by appointment of the mayor. Any councilman appointed by the mayor to any other municipal office during his term, shall before entering upon the discharge of the office to which he has been appointed, resign his office as councilman. Councilmen ineligible to other office. SEC. 15. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That it is improper and shall be illegal for any member of the city council to vote upon any question brought before the city council, in which he is personally interested and any councilman voting upon any question in which he is personally interested, shall be liable to impeachment and dismissal from office. Disqualification of councilmen to vote. SEC. 16. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That any person

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holding office under the municipal authority of the city of Commerce shall during the time for which he was elected or appointed, be incapable of contracting with such corporation for the performance of any work which is to be paid for out of the city treasury, nor shall any such person be capable of holding or having any interest in such contract, either by himself or by another directly or indirectly. Municipal contracts. SEC. 17. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor, or in case of his absence, the mayor pro tem, and three councilmen, of the city of Commerce, shall constitute a quorum for the transaction of any business before said mayor and council. Quorum of council. SEC. 18. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council shall have authority to fix the time and place of holding the regular monthly meeting of said council, and shall give due and public notice thereof. Meetings of council. SEC. 19. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have full power and authority to pass all ordinances respecting the streets of said city, to open and lay out same, also respecting public buildings, work houses, public houses, carriages, wagons, carts, drays, itinerant traders or peddlers, pumps, wells, springs, fire engines and engine houses, care of the poor, suppression of disorderly houses and every other regulation or ordinance that shall appear to them necessary and proper for the security, welfare and interest of said city, or for preserving the peace, health, order and good government

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thereof; provided, said regulation or ordinance is not in conflict with the Constitution and laws of this State or of the United States. Also to regulate the speed of trains, automobiles, motor cycles, or any other vehicle propelled by steam, gasoline or electricity, within the corporate limits of said city of Commerce. Municipal powers. SEC. 20. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That one council can not by ordinance bind itself or its successors so as to prevent free legislation in matters of municipal government. Legislative power. SEC. 21. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the municipal corporation of the city of Commerce shall have power and authority to provide by ordinance for the forfeiture of bonds given by offenders for their appearance before municipal courts, and to fully provide for the collection of same from the principal or security to such bonds, by judgment, execution and sale. Forfeitures. SEC. 22. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the municipal corporation of the city of Commerce shall have full power and authority to enforce the collection of any amount due, or to become due to it for paving streets or lanes, or for laying sewers and drains, or for cleaning, repairing privy vaults in said city, by execution to be issued by the treasurer against the person or persons, corporation or corporations, by whom any such debts may be due, or may hereafter become due, which execution may be levied by the marshal or chief of police of the city of Commerce on the real estate of the owners against whom such executions shall issue, and after advertisement

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and other proceedings as in cases of sales for city taxes, same may be sold at public outcry in the manner now provided by law, as set forth in an Act entitled, An Act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, approved February 27, 1877. Municipal claims, how enforced. SEC. 23. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the city of Commerce is hereby authorized and empowered to organize and maintain a city chaingang and do any and all other things necessary for establishing, maintaining and operating same. Chain-gang. SEC. 24. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have power to organize one or more work gangs to confine at labor therein persons who have been sentenced by the courts of said city to work upon the streets or other public work of said city and shall have power to make all rules and regulations that may be suitable, usual or necessary for the government, discipline and control of such work gang and to enforce same through its proper officers. Work-gangs. SEC. 25. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That said mayor and council shall have power to fix and establish fire limits within the said city of Commerce from time to time, and in their discretion to extend, enlarge and change same, within which fire limits, when so established, it shall not be lawful for any one to erect other than fire proof buildings, or structures of any kind whatever, without the consent of the council previously obtained; and should any erect or cause to be erected

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within such limits so established any building or other structure of any kind other than fire proof, the mayor and council, after giving five days notice shall cause same to be removed at the expense of the owners of said building or other structure, the payment for which removal shall be collected by execution, levy and sale by the mayor and council of the city of Commerce, and said mayor and council shall have power to determine what other structures are fire proof or not fire proof; said mayor and council shall also have power to move any forge or blacksmith shop or any other house within the fire limits, which in their opinion, it is necessary to protect the property therein against fire; the mayor and council shall also have power to cause any stove, stove pipe or other thing that will endanger the city as to fire, to be removed or remedied, as their prudence shall direct. Fire limits. SEC. 26. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have power to take up and impound any horse, mules, cattle, hogs, goats, dogs, or other domestic animals running at large within the city limits and pass such ordinances as may be deemed necessary and proper for the regulation of live stock running at large within the city limits. Stock law. SEC. 27. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall elect at the first meeting of the council in each year, a marshal or chief of police and a night watchman and any other members of the police force which in their opinion may be necessary to protect the lives and property of the

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citizens of Commerce. At said first meeting the mayor and council shall also elect clerk of council, who shall be ex-officio treasurer, also a city attorney and such other officers as the mayor and council may deem necessary to carry on the government of said city; and all of said officers unless removed for cause, shall hold their offices until their successors are duly elected and qualified, and the said mayor and council shall have power to establish the fees or salaries of said officers, which fees or salaries, when once fixed, shall not be increased or diminished during the continuance of said officers in office; said mayor and council shall also have the right to take the bonds, to prescribe the duties and to administer oaths and to remove from office for a breach, neglect or incapacity to discharge the duties at their discretion, any officer elected by them. Municipal officers. SEC. 28. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That it shall be the duty of the clerk of council, to attend all its regular and called meetings, to notify the several councilmen of such meetings, to keep a correct, fair and full account of all the proceedings of the council, to attend all sessions of the mayor's court and keep the docket of the cases tried therein, and the manner in which they were disposed of by the mayor; to receive and collect all city taxes and to disburse same under the direction of the council. The clerk of the council shall give a bond with good and sufficient security to be approved by mayor and council in the sum of not less than fifteen thousand ($15,000) dollars; that it shall be the duty of the mayor and council to increase the bond of said clerk from time to time, as they may think best for the interest of the city of Commerce, said bond to be made payable to the

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mayor of the city of Commerce and his successors in office, who are hereby authorized to bring suit thereon; said clerk shall also be ex-officio treasurer of the school board of the city of Commerce and shall perform all the duties required of him as treasurer of said school board; said clerk and ex-officio treasurer of the city of Commerce shall receive for his services such salaries, fees and commissions, as the council may direct, which compensation shall not be increased or diminished during the year for which he is elected. The clerk of council and ex-officio treasurer shall keep all money in his hands beelonging to said city on deposit in the banks of said city of Commerce, subject to the direction of the mayor and council of the city of Commerce. Clerk of council. SEC. 29. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of said city of Commerce shall have full power and authority to remove or cause to be removed any buildings, steps, fences, posts, or other obstructions or nuisances in the public streets, lanes and sidewalks, or other public place in said city; they shall have power to license all drays, or other vehicles, skating rinks, auctioneers or vendue masters, and of regulating the terms on which such licenses shall be granted and of declaring the license void when said terms are not complied with; they shall have power and authority to control markets and marketing within the said city; they may establish one or more markets within said city and regulate same, fix the hours of sale therein, fix the fees for the inspection of the cattle, sheep, hogs, etc., exposed for sale in said markets; to prohibit the sale of marketable commodities elsewhere within the city and to pass all ordinances necessary and proper to regulate

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the market and marketing within the city of Commerce. The mayor and council of Commerce shall also have power to abate all nuisances or anything injurious to the public health of said city of Commerce. Municipal powers. SEC. 30. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That a public nuisance in the city of Commerce may be abated by the mayor and council of said city on the application of any citizen or citizens specially injured thereby, and a private nuisance may be abated by the mayor and council aforesaid on the application of the party injured. Nuisance. SEC. 31. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have sole powers to grant licenses in said city and to fix the price of such licenses and the terms and regulations on which same may be granted; provided, however, that the mayor and council of the city of Commerce shall never have power to license the sale of spirituous, malt, vinous, alcoholic or intoxicating liquors, or beers of any kind in the said city of Commerce, and provided, further, that the said mayor and council of the city of Commerce shall not have the right to grant licenses to any person or persons or corporations running billiard, bagatelle, or pool tables, or other tables of like character, nor tenpin alleys, nor licenses to pawn brokers, within the incorporate limits of said city of Commerce. Licenses. SEC. 32. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That any disabled or indigent soldier or soldiers of the Seminole, Creek or Cherokee Indian War, or Mexican War who are residents of this State may peddle or conduct business

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within the corporate limits of the city of Commerce, without being licensed for the privilege of so doing; and a certificate from the Ordinary of any county in this State, stating the fact of his being such disabled or indigent Confederate soldier, or soldiers of the Seminole, Creek or Cherokee Indian War or Mexican War, who are residents of this State, shall be sufficient proof; provided, That this Section shall not authorize the peddling or dealing in ardent and intoxicating liquors or the running of billiard, pool, bagatelle or other table of like character, or dealing in futures, or peddling stoves, or clocks or carrying on the business of a pawn broker or auctioneer or dealing in lightning rods, and provided, further, that the privilege hereby granted shall not be transferred to or used by any other person, and provided, further, that before any disabled or indigent Confederate soldier or soldiers of the Seminole, Creek or Cherokee Indian Wars or Mexican War shall peddle within the incorporate limits of the city of Commerce, said soldier or soldiers shall first go to the mayor of said city and exhibit to the mayor the certificate from the Ordinary of any county in this State, stating the fact of said soldier being disabled or indigent before said soldier shall have the right to peddle or exhibit any shows of any kind or character within the corporate limits of said city of Commerce. Disabled or indigent soldiers. SEC. 33. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That wherein the exercise of police power a license is issued same shall not be considered to be a contract, but only a permission granted by the city of Commerce to enjoy the privilege for a time specified, and on terms therein stated, and the mayor and council of the city of Commerce

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may for cause at any time revoke or abrogate said license and declare same to be null and void. Revocation of licenses. SEC. 34. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of said city of Commerce shall have the power to authorize by ordinance, the marshal, chief of police or any police of said city to summon any and 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 any person or persons failing or refusing to obey said summons shall on conviction before the mayor be fined not exceeding one hundred dollars or imprisoned not exceeding sixty days. Arrests. SEC. 35. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That whenever any riot, outbreak, tumult or mob shall occur within the corporate limits of said city of Commerce, or shall in the opinion of the mayor, be imminent under such circumstances that timely application can not be made to the Governor, and action had thereon by him, the mayor of any city, town or village, in which any volunteer forces are located, if he ascertains or has good reason to believe that the Ordinary posse comitatus or civil power of the county, city, town or village where such violation of the laws and peace of this State occurs or appears imminent, are or would be unable to promptly suppress or prevent the same, may without first making application to the Governor, direct the commander of each local military company or any part of such company of said volunteer forces in the city of Commerce, where such lawlessness exists, to call out and report with his command to such civil officer in order

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to enforce the laws and preserve the peace; and it shall be the duty of such commander and all other persons of such command to promptly obey such order. Posse comitatus. SEC. 36. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That it shall hereafter be unlawful for any person to run or race any horse, mare or gelding, within the corporate limits of the city of Commerce either by himself or any other person, and any person so offending shall forfeit and pay, on being convicted thereof, the sum of twenty-five dollars, one-half to the informer, and the other half to the city of Commerce; and it shall be the duty of the solicitor-general of the Western Circuit to prefer an indictment on application being made to him against such offender or offenders. Horse racing. SEC. 37. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the city of Commerce shall have authority to make and enforce all needful rules and regulations touching the keeping of gun powder, dynamite, gasoline or other dangerous explosives, so as not to endanger the lives and property of the citizens of Commerce. Explosives, etc. SEC. 38. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That if any person shall be dissatisfied with any judgment pronounced against him by the mayor of said city, said person shall not have the right of appeal to the council. Appeal. SEC. 39. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That all applications for a writ of certiorari to review the judgment of the mayor of the city of Commerce, shall be made to and sanctioned by the judge of the Superior Court and

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filed in the office of the clerk of the Superior Court of Jackson county in ten days after the judgment complained of was rendered, and not afterwards. In all other respects, except as to the time in which such application shall be made, they shall be governed by the same rules and regulations as now control applications for certiorari from justice's court. Certiorari. SEC. 40. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the public school system of the city of Commerce, having already heretofore been established as provided for by Sections 41, 42, 43, 44 and 45 of the Act incorporating the city of Harmony Grove, the name of which was subsequently changed to the city of Commerce, said Act establishing said public school system having been approved on November 26, 1901; said Section 41, 42, 43, 44 and 45 providing for the establishment of said public school system, and the operation thereof are hereby re-enacted as follows: Be it enacted by the authority aforesaid, That after a system of public schools shall be established in said city, as provided for by Section 40 of the Act establishing said public school system approved November 26, 1901, the mayor and council shall appoint five freeholders of said city, to constitute a board of education of said city, one from each ward in said city, and one from the city at large. The term of the one from the city at large shall be four years, and the term of the one from the fourth ward shall be four years, and that one from the third ward three years, the one from the second ward two years, and the one from the first ward one year, and their successors shall be elected for the term of five years each by the mayor and council. In case of vacancies otherwise than by

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expiration of their term the mayor is authorized to appoint one to fill the unexpired term. Said board shall organize by electing a president and a vice-president from their own number. The superintendent of schools, who shall be elected by said board, shall act as secretary of said board, and the city clerk, who is ex-officio treasurer of said city shall act as treasurer of said board, but shall receive no extra compensation therefor. No member of the board shall receive compensation for his services on said board. Public schools. SEC. 41. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That at the first meeting of the mayor and council in December, 1909, and biennially thereafter, there shall be appointed by the mayor and council one person from each ward in said city, who shall hold and superintend all elections held in said city for the term of two years; the person so appointed must be a freeholder, justice of the peace or notary public, and whenever a vacancy occurs the mayor is authorized to fill the same; and before entering upon their duties as managers or superintendents of said election, they shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are all freeholders, justices of the peace, notary publics, (as the case may be) residing in said city, and in the respective wards thereof; that we will make a just and true return thereof and we will not knowingly permit any one to vote in this election unless we believe he is entitled to vote according to the law of said city, nor will we knowingly prohibit any one from voting who is by law entitled, to be signed by each in the capacity in which he acts: said oath may be administered by any

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officer in Jackson county qualified to administer oaths, or by each other; said managers shall keep two lists of voters and two tally sheets from each ward separately; provided, that these lists of voters and tally sheets from the different wards shall only be kept when nominating councilmen from them or when a special election may be called in any ward for such purposes. Elections. SEC. 42. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the polls of said elections shall be opened from 9 o'clock a. m. till 4 p. m., sun time when they shall be closed and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the same. They shall keep two lists of voters and two tally sheets and shall make certificates of the result on each tally sheet and shall place one of said tally sheets and one list of voters, together with the ballots in an envelope or box, sealed up, with the clerk of said city. The other list of voters shall be kept by the managers in some safe and secure place for the inspection of the mayor and council and others interested. The clerk of said city council shall declare the result of said election within five days after said election is held and give to those elected a certificate showing the same. Elections. SEC. 43. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That all persons who shall have paid all taxes legally imposed by the city authorities, except taxes for the year in which the election is held, who may have been bona fide residents of said city for six months previous to the time when the election is held, who have registered as qualified voters of the city, as hereinafter provided for, and who

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are qualified to vote for members of the General Assembly of Georgia, (except registration in the books kept by the county tax collector, or registrar, who shall not be considered a necessary qualification) shall be electors and be entitled to vote at said city election, and no others shall be qualified to vote therein. Electors. SEC. 44. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the clerk and ex-officio treasurer or such person as may be designated by the mayor and council shall open a list or book of registration of voters, ample notice of which shall be given by publication in a paper of said city, or by posting in two or more places for at least fifteen days prior to any election, which list or book shall be finally closed for registration five days before said election, after which time no person shall be allowed to register. Each and every person registering shall give the number of the ward that he lives in and same shall be recorded by the registrar, and each and every person applying to be registered shall make oath before the registrar in whose possession the list or book or registration is, who is hereby authorized to administer the oath, which oath shall be written or printed on said list or book of registration, as follows: I swear that I am twenty-one years of age or will be by the time of the election now next to be held in said city of Commerce. By the next municipal election in the city of Commerce, I will have resided in the State of Georgia twelve months, and in Jackson county six months, and in the city of Commerce six months. I have paid all taxes, State, county and municipal, required of me, except for the present year, and I am not otherwise disqualified to vote at said election. Any person registering and voting who is not

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qualified to vote, according to the foregoing oath shall be guilty of the offense of a misdemeanor and shall be punished as prescribed in Section 1039 of the Penal Code of 1895. Registration of voters. SEC. 45. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the registrar shall furnish the list or book of registration to the managers of the election, with an alphabetical list of the names of the voters, at the opening of the polls and a like list of the names of the different wards and the managers shall be judges of the qualifications of all registered voters. Registration list. SEC. 46. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That all primary nominating elections for the purpose of selecting candidates to be voted for in the general elections shall be held and conducted in the same way and manner and by the same persons as the general elections are held, provided, that in these primary or nominating elections the managers shall, in addition to the keeping of proper list of voters and tally sheets heretofore provided for, also receive the votes of the persons from the different wards qualified to vote for councilmen in such ward, and the person receiving a plurality of the votes of any ward shall be declared the nominee for councilman of such ward, and that one receiving a plurality for mayor shall be declared to be the nominee for mayor and those two receiving a plurality for councilman-at-large shall likewise be declared nominees for councilmen-at-large, and in the general elections that candidate receiving a majority of all the votes cast for such office where there are only two running for the same office shall be elected;

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but should it occur that in the general election more than two persons were candidates for the same office, that person receiving a plurality of all the votes cast shall be declared elected. Primaries. SEC. 47. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council preceding their appointment shall fix the compensation of the manager of the election of said city, as well as designate the place where the same is to be held. Compensation [Illegible Text] manager. SEC. 48. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council shall have full power and authority in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations and prescribe penalties for the violation of same, necessary for the purpose of establishing and maintaining said board of health, and to pass ordinances and regulations and prescribe penalties for the violation of the same; to prevent the spread of any infectious and contagious diseases; also, to make and enforce an ordinance to compel vaccination of all persons within the corporate limits of said city; also to isolate any person or persons afflicted with any infectious disease, by confining such person or persons within premises provided by said mayor and council within or without the corporate limits of said city; also to isolate any person or persons exposed to any infectious or contagious disease by confining such person or persons during such period, within the premises provided by the mayor and council, either within or without the corporate limits of said city; provided, that no person or persons shall be isolated who

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are able and willing to pay the hire of proper persons to be selected by the mayor and council, to guard the premises in which they live, so as to prevent egress from and ingress into said premises during the time in which there is any probability of the spread of any infectious or contagious diseases from such person. Said board of health are hereby authorized and empowered to enter the private premises of any citizen in said city at any time, to inspect the same, and they shall from time to time, make recommendations to the city council on matters pertaining to the health, comfort and sanitary conditions of the city. Board of Health. SEC. 49. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council shall have full power and authority in their discretion to appoint or elect a sanitary inspector who is hereby authorized and empowered to enter upon the private premises of all citizens of said city as often as directed by the mayor and council, for the purpose of inspecting the sanitary condition of the same and he shall make a thorough inspection of the sanitary condition of the city, inspecting all private property therein, all sewers, drains, ditches, privies, etc., and report the result of his inspection to the mayor and council and to the board of health, and perform such other duties as may be required of him by the mayor and council. Sanitary inspector. SEC. 50. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have full power and authority to pass all ordinances respecting the streets of said city and also power to open new streets and lay out same. Streets.

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SEC. 51. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That it shall be the duty of the mayor and council in all cases of encroachment upon streets, lanes or alleys in said city, to remove same after first having given reasonable notice to the party or parties making said encroachments upon said streets, lanes or alleys. Encroachments on streets. SEC. 52. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council shall have power and authority to pass all laws and ordinances concerning the grading and draining of said streets in said city; to provide for the paving of the same, as well as the sidewalks, as well as how said paving shall be paid, whether by city or adjacent land owners, or both; to prescribe who shall be liable to street work or duty; to provide for the levying and collecting of a street tax in lieu of said work; to provide a penalty against persons failing or refusing to work said streets or to pay the street tax instead of said work. Street improvements. SEC. 53. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have power and authority to open, lay out, widen streets or otherwise change any of the streets, lanes or alleys in said city of Commerce, whenever said mayor and council shall see proper to exercise this power. Changing and opening streets, etc. SEC. 54. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That if it shall be necessary to take private property to carry out said power, the said mayor and council shall appoint two freeholders and the person or persons whose property

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will be taken, shall upon five days' notice, appoint two freeholders, and the four freeholders so chosen shall proceed to assess the damages sustained by the person or persons whose property will be taken; provided, if said property owner or owners fail or refuse in said five days to appoint two freeholders, the damages shall be assessed by the freeholders appointed by the said mayor and council, who may call in an umpire if they fail to agree, and upon the payment or in case of the refusal of the payment, then upon the tender of the amount of the award of the assessors under such condemnation proceedings, the work upon such streets, lanes or alleys in the city of Commerce, shall proceed, notwithstanding the entering of any appeal from the award of the assessors by the property owner or owners, and also, notwithstanding any injunction or other court proceedings which may thereafter be instituted by said property owner or owners. Condemnation proceedings. SEC. 55. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That said assessors shall take oath that they will faithfully discharge their duties; and either party, the property owner or owners and said mayor and council shall have the right to enter an appeal to the Superior Court of Jackson county, within four (4) days from the time the award of said assessors is filed with the clerk of council. Appeals from awards of assessors. SEC. 56. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That when the award of the said assessors is filed with the clerk of the council and is not appealed from or if appealed from, the damages shall be finally ascertained on appeal, the said mayor and council shall then pay to the

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property owner the damage so assessed, and the title to the property so taken shall vest in said mayor and council in fee simple; provided, That the said mayor and council may at any time by resolution of council, after the amount of damages in any case has been finally determined, refuse to take the property at the amount of assessment or judgment, as the case may be, and in that event said mayor and council shall be discharged for any and all liability on account of any award, assessment or judgment that may have been rendered in favor of said property owner except as to the court costs, where there has been an appeal. Payment of awards. SEC. 57. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have full power and authority in their discretion to construct sidewalks in said city and to pave the same; to pave sidewalks already constructed; to put down curbing and to otherwise improve the sidewalks now constructed in said city. Sidewalks. SEC. 58. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That in order to carry into effect the power above delegated, said mayor and council shall have full power and authority to assess the cost of constructing, paving and otherwise improving sidewalks, including all necessary curbing, on the real estate abutting on the sidewalks constructed, paved or otherwise improved. Cost of sidewalks chargeable to lot owners. SEC. 59. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That no assessment shall be made for constructing, paving or otherwise improving sidewalks, outside of the limits of

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what are now known as the fire limits, except on an extension of similar work already done or hereafter done within said fire limits. The extension contemplated by this Section may be either on the same streets on which such work has been done or on streets running into the same. Whenever any work has been done under this Act or has heretofore been done within the fire limits, the same may be extended from time to time to such parts of the city as said mayor and council shall deem proper, that all such extension or extensions shall make a continuation of similar work either upon the same street or upon other streets running into the same. Street improvements beyond fire limits. SEC. 60. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That whenever a sidewalk is constructed, paved or otherwise improved under this Act, it shall be wholly in the discretion of said mayor and council whether to pave or otherwise improve the sidewalks on both sides of the street. The streets and parts of streets upon which sidewalks shall be constructed, paved and otherwise improved under this Act, shall be determined by the mayor and council and the amount of work necessary within the fire limits, before an extension outside is allowed, shall be entirely within the discretion of said mayor and council. The material to be used, the character of the improvement and all similar questions shall be within the discretion of the mayor and council, and nothing in this Act shall be construed to require all sidewalks to be made of the same material or improved in the same manner. Discretion in relation to street improvements. SEC. 61. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the amount of each assessment for constructing, paving or otherwise improving sidewalks under the foregoing Sections

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of this Act shall be a lien on the real estate abutting on the sidewalks constructed, paved or otherwise improved, from the date of the passage of the ordinance providing for the work and making the assessment. The amount of each assessment for the repair of and work on sidewalk under Section 53 of this Act, shall be a lien on the real estate assessed, from time the repairs are made or work is done and said mayor and council may make assessment under this Section by a general ordinance, requiring all property owners to keep their sidewalks in repair and in a condition suitable for travel, authorizing the necessary work to be done by the officers of the city specified in such general ordinance, at the expense of the abutting land owner if not properly and promptly repaired by the abutting land owner. Lien of assessments. SEC. 62. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the said mayor and council shall have authority to enforce the collection of the amount of any assessment under this Act by execution to be issued by the clerk of council of said city against the real estate so assessed, and the owner thereof at the date of the ordinance making the assessment, except in case of assessments under Section 53 of this Code, when the execution shall be issued against the real estate assessed and the owner thereof at the time the repairing or work was done, which executions may be levied by the chief of police on such real estate, and after advertising and other proceedings as in cases of sales for taxes due the said city, the same may be sold at public outcry, to the highest bidder, and such sales shall be conducted in the same manner as sales for taxes by municipal corporations in this State, and shall be subject to the right of redemption and

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purchase by the municipality in the same manner set forth in An Act entitled an Act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, approved February 27, 1877. Enforcement of assessments. SEC. 63. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the defendant shall have the right to file an affidavit of illegality 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 Jackson county, and shall there be tried and the issue determined as in cases of illegality and subject to all the pains and penalties provided in cases of illegality for delay. Illegality. SEC. 64. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the deeds made to the purchasers under the provisions of this Act shall be just as valid to the purchasers as if made under the ordinary processes of law issuing from the Superior Court. SEC. 65. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have full power and authority by a vote of two-thirds of said mayor and council, (the mayor being entitled to vote), to adopt at any time an ordinance requiring the grading, paving, macadamizing, or otherwise improving for travel or drainage any of the streets, lanes or alleys

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of said city or parts of the same; and if the streets, lanes or alleys required to be graded, paved, macadamized, or otherwise improved be embraced within what are known as the fire limits of said city, said mayor and council shall have full power and authority to assess and collect one-half of the cost of such grading, paving, macadamizing or otherwise improving the same on and out of the real estate abutting on each side of the street, lane or alley improved; and if the street, lane or alley required to be graded, paved, macadamized or otherwise improved, be outside of what are known as the fire limits of said city, said mayor and council shall have full power and authority to assess and collect one-fourth of the cost of such grading, paving, macadamizing or otherwise improving the same on and out of the real estate abutting on each side of the streets, lanes or alleys improved; provided, that the cost of grading, paving, macadamizing or otherwise improving said street, lane or alley, and outside of the fire limits, the abutting land owners shall pay one-fourth the cost of grading, paving, macadamizing or otherwise improving said street, lane or alley. Street improvements within fire limits. SEC. 66. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have full power to grade, pave, macadamize or otherwise improve any portion of the width of any street, lane or alley in said city, to assess one-half of the cost of such grading, paving, macadamizing, or otherwise improving on the real estate abutting on each side of the street, lane or alley improved, if the same is embraced within what are known as the fire limits of said city; and to assess one-fourth of the cost of such grading, paving,

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macadamizing or otherwise improving on the real estate abutting on each side of the street, lane or alley improved, if the same is outside of what are known as the fire limits of said city. Assessments for street improvements. SEC. 67. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the frontage of intersecting streets, lanes and alleys shall be assessed as real estate abutting upon the street paved or otherwise improved, and the mayor and council shall be for all intents and purposes of this Act, an owner or legal representative of real estate abutting on any street, lane or alley, and shall possess the same rights and privileges as all other owners of real estate abutting on any street, according to frontage owned, and shall pay from the city treasury the just pro rata of the entire cost of said work for said privilege. Assessments for intersecting streets. SEC. 68. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have full power and authority to renew or repair any pavement now laid or hereafter laid in said city, at the expense of said city; and the owner of real estate abutting on such streets one-half of the expense of renewal or repair to be borne by the city, and the other half to be borne by the owners of real estate abutting on such streets, when the streets are embraced within the present fire limits of said city; and three-fourths of the expense of renewal or repair to be borne by said city, and the other one-fourth by the owners of real estate abutting on such streets, when the streets are outside of the present fire limits of said city. Repairs of pavements.

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SEC. 69. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the 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 each improvement made, and prorating the cost thereof on the real estate according to its frontage on the street so improved. Equalization of assessments. SEC. 70. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance provided for the work. Liens of assessments. SEC. 71. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That said mayor and council shall have power and authority, in their discretion to divide all assessments under this Act into annual installments not exceeding five; such installments to bear interest at the rate of seven per cent. per annum from the time the assessment is due; and upon failure to pay any installment of an assessment when due, execution shall issue for the whole unpaid assessments with accrued interest. Payment of assessments. SEC. 72. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council shall have authority to enforce the collection of the amount of any assessment under this Act by execution, to be issued by the clerk of council of said city against the real estate so assessed, and against the owner thereof at the date of the ordinance making the assessment, which execution may be levied by the chief

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of police on such real estate and after advertising and other proceedings as in cases of sales from taxes due the said city, the same may be sold at public outcry to the highest bidder; and such sales shall be conducted in the same manner as sales for taxes by municipal corporations in this State, and be subject to the right of redemption and purchase by the municipality in the manner set forth in An Act entitled an Act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, approved February 27, 1877, provided, that the defendant shall have the right to file an affidavit of illegality denying 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 for the balance; and all such affidavits so received shall be returned to the Superior Court of Jackson county, and shall be there tried and the issue determined as in cases of illegality, and subject to all the pains and penalties for delay as provided in cases of illegality. The deeds made to the purchasers by the proper officers under the provisions of this Act shall be just as valid to the purchasers as if made under the ordinary process of law issuing from the Superior Court. All executions issued under the authority of this Act shall be transferable upon the same terms and conditions that executions for taxes are transferable. Enforcement of assessments. SEC. 73. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That all public property, places of religious worship, and places of burial are institutions of purely public charity, all buildings erected for and used as a college, incorporated

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academy or other seminary of learning, the real and personal estate of any public library and that of any other literary association used by or connected with such library; all books, philosophical apparatus, paintings and statuary of any company or association kept in a public hall and not held as merchandise or for the purposes of sale or gain, shall be exempt from taxation; provided, the above described property so exempted be not used for purposes of private or corporate profit or income; and all laws exempting property from taxation, other than the property herein enumerated, shall be void. Tax exemptions. SEC. 74. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council at their first meeting in January in each and every year shall appoint three freeholders of said city to assess the real estate of said city at its value and to fix the compensation of the assessors. When said assessors have completed their work they shall give notice of said fact for ten days by publication in a paper of said city, or by posting notices in two or more public places therein, and any property owner dissatisfied with the assessment of his or her property, shall have the right to appeal from said assessment to the mayor and council, and the mayor and council's decision in the matter shall be final. Tax assessors. SEC. 75. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the said assessors before they enter on the discharge of their duty, shall take and subscribe an oath before the mayor, faithfully and truly to assess all the real estate within the corporate limits of the city of Commerce, and to

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return such assessments to the mayor and council thereof, and shall receive for their services such sum, each, as the mayor and council shall order. Oath of assessors. SEC. 76. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That for the purpose of raising a revenue sufficient to meet all expenses and obligations of said city of Commerce, the mayor and council shall be authorized to levy and collect an advalorem tax on all property, both real and personal, inside the incorporate limits of said city not exceeding one per cent. thereon, for general purposes, and the mayor and council shall also be authorized to levy and collect an ad valorem tax on all property, both real and personal, inside the corporate limits of said city, not exceeding one-fourth of one per cent. or twenty-five cents on the hundred dollars worth of property, for school purposes, and the mayor and council shall also be authorized to levy and collect an ad valorem tax on all property, both real and personal, inside the corporate limits of said city, not exceeding one-half of one per cent. or fifty cents on the hundred dollars, for expense of maintenance of waterworks, sewerage, and electric light systems in said city of Commerce. Ad valorem tax. SEC. 77. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That it shall be the duty of all tax payers and owners of property other than real estate, in the city of Commerce, and they are hereby required to make their returns, under oath, of the value of their property in said city, held in their own right or in the right of others; provided, always, however, that the mayor and finance committee, together with the clerk of council, shall have power to supervise

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all returns made by the tax payers, and if, in their opinion, any of such returns are incorrect in fixing the value of the property, then to correct any such returns thus incorrectly made, by affixing or assessing such higher value as, in their opinion, may be proper and right; provided, such assessment shall not exceed the amount for which the owner would sell the property. Tax returns. SEC. 78. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That if any tax payer or owner of property other than real estate, shall fail or refuse to make his, her or their tax returns, within the time prescribed by the mayor and council of the city of Commerce, said mayor and council shall have full power and authority either by themselves or their authorized agents, to make a just valuation of all such property not returned, and collect double tax on same. Defaulters. SEC. 79. Be it enacted by the authority aforesaid and it is hereby enacted by the same, That the said mayor and council shall have power and authority to enforce and collect a double tax of any person, or persons, agents, firm, company, corporation or association who shall fail or refuse to pay his, her or their general ad valorem or city tax, within the time prescribed by said mayor and council. Double tax. SEC. 80. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have power to tax all theatrical performances, circuses, concerts, menageries, legerdemain performances, hypnotists, lecturers, (giving discretion to the mayor, however, to relieve lecturers), panoramas, moving picture shows, or stereopticon views, or any other performances, exhibitions,

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shows, or entertainments of whatsoever kind given for profit within the incorporate limits of the city of Commerce. Specific taxes. SEC. 81. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of said city of Commerce shall have full power and authority to levy and collect a tax upon any person, firm, company or corporation engaged in prosecuting or carrying on, or who may engage in, prosecuting or carrying on, or who may engage in, prosecute or carry on any trade, business, calling, avocation or profession within the corporate limits of said city and upon all other persons, exercising within the city, any profession, calling, trade or business of any nature whatever. They shall have authority to classify business and arrange the various businesses, callings, trades and professions carried on in said city into such classes or subjects for taxation as may be just and proper. Business tax. SEC. 82. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the said mayor and council shall have full power and authority to provide by ordinance for a proper return or register for taxation of all professions, callings, trades and businesses that may be subject to a tax, and prescribe such penalties for a failure to make such returns or register as they shall deem proper. Registration of business. SEC. 83. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the taxes herein authorized to be levied and collected shall be a lien upon all the property of the tax payer from the first day of January of the year when levied, and shall be due and payable at such times as the said mayor and

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council shall fix, and if not paid when due, they may be collected by execution issued by the clerk of council as in cases of other taxes due in said city. Tax liens. SEC. 84. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That all property, both real and personal, including franchises belonging to railroad companies, telegraph and telephone companies, express companies, electric light companies and gas works companies, within the corporate limits of the city of Commerce, shall be subject to taxation by said municipality, as fully and completely as are all other kinds of property within the limits of said municipality. And it is made the duty of the municipal authorities to cause property belonging to railroad companies, telegraph and telephone companies, express companies, electric light companies and gas works companies, to pay their proper and just ro rata part of the municipal taxes of said city of Commerce. Taxation of corporations. SEC. 85. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That all other corporations within the city of Commerce not hereinbefore mentioned shall be subject to taxation by said municipality, and shall be taxed on their entire capital stock and the realty belonging to said corporations shall not be assessed for taxation. Taxation of corporations. SEC. 86. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce are authorized, in their discretion, by passage of ordinance hereafter by the council, to make an annual assessment of the various lots and lot owners of said city within the protection of water mains now laid down or which hereafter

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may be laid down, to pay the cost of providing a sufficient supply of water for fire purposes. Assessments for water. SEC. 87. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council shall have power to prescribe what shall constitute a lot for the purposes of this Act, and to declare what property is within the protection of the water mains; provided, that no lot shall be less than twenty-five feet front; and residence lots shall not be sub-divided for assessment, and no assessment shall be made on unimproved lots; and, provided, further, that no lot shall be declared to be within the protection of a water main when the improvements on such lots are more than seven hundred and fifty feet in air line from a fire hydrant. Protection against fire. SEC. 88. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council shall have power to equalize assessments under this Act, taking into consideration the value of the improvements upon the lots assessed and the distance of such improvements from a fire hydrant; provided, that no assessment on any lot shall exceed the sum of five dollars per annum. Equalization of assessments for fire protection. SEC. 89. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council shall provide for a return of lots subject to assessment under this Act; and may impose as a penalty a double assessment upon any person who fails or refuses to make such return or to pay the assessment when due. Return of lots subject to assessment for water SEC. 90. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the amount

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of the assessment on each lot shall be a lien upon the lot assessed from the date of the ordinance making the assessment. Assessments made under this Act shall be collected by execution issued against the lot assessed and the owner at the date of the assessment which shall be issued and enforced in the same manner as tax executions are issued and enforced in said city, as hereinafter provided for. Lien of assessments. SEC. 91. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That all taxes levied by the city council shall be collected as follows: An execution shall be issued by the clerk of the council, who is also ex-officio treasurer, directed to the chief of police against the estate, real and personal, of the defaulter, and the chief of police shall proceed to levy the same, and after advertising for thirty days, shall sell the property levied on before the court house door of the county of Jackson, on a regular sheriff's sales day, and between the legal hours of sheriffs' sales. The said chief of police shall put up said property and shall offer the same in parcels until he gets a bid sufficient to pay the taxes and costs due, and shall then knock off the property to the purchaser, and make him a deed, which shall be as effectual to pass the title as the deed of the person against whom said execution was issued. Collection of taxes. SEC. 92. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the time, place, and manner of the sale of property, both real and personal, for taxes due to municipal corporations in this State, shall be the same as that provided by law for sheriff's sales for State and county taxes. When real estate has been sold under any State, city, county, or school tax fi. fa., the same may be redeemed at any

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time within twelve months after the sale by the defendant in tax fi. fa., his heirs or personal representatives, or by any tenant in common, remainderman, or other person having an interest in such property. Such property may also be redeemed by the holder of any mortgage, judgment, lien of other interest in said property, or by any creditor of the defendant in fi. fa. Sales for taxes. SEC. 93. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That whenever at any such sale, by a municipal corporation for taxes due it, by its chief of police or any duly authorized officer, if no one present shall bid for the property put up to be sold as much as the tax for which it is proposed to sell same, and the officer's costs, if any due thereon, after such property shall have been cried a reasonable time, then any duly appointed officer or agent of the corporation may bid off such property for the corporation, and the chief of police or other officer making such sale, shall make the corporation a deed to the property so sold, and deliver same to the officer designated by the corporation to receive it, and the title acquired by the corporation at such sale, and by such deed shall be perfect, valid and binding, after the period above provided for redemption by the owners, shall have elapsed, and there is no redemption by the owner, as if purchased by an individual or corporation other than such corporation so purchasing, and the chief of police or other duly authorized officer making the sale shall put the corporation, through any officer or person it may designate, in possession of the property so sold. City may purchase at tax sales. SEC. 94. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That neither the governing body of any such municipal

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corporation, whether known as mayor and council, or mayor and alderman, or by any other name, during whose term of service any such sale shall take place, nor any subsequently elected or appointed governing body, shall be capable of diverting or alienating the title of the corporation, to any property so purchased, except by a public sale of same to the highest bidder. Sales by the city. SEC. 95. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have full power and authority to pass appropriate ordinances and by-laws to carry the last four Sections of this Act into effect. SEC. 96. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have the power to organize and maintain a city chaingang, wherein shall be worked all persons convicted of violation of city ordinances who have been sentenced to work in said chaingang by the mayor and council of said city. Chain-gang. SEC. 97. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That mayor and council of said city of Commerce shall be authorized to do any and all things necessary for the establishing, maintaining and operating said city chaingang, and to prepare and have published full and complete and reasonable rules and regulations for the government of the convicts under their control in said city chaingang, which rules may be amended from time to time, as occasion may require, and said rules shall specifically prescribe the powers and duties in all respects of the

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superintendent, guards, whipping boss, or other person or persons connected with the management of the convicts in said city chaingang as to the care, keeping, control, work and discipline of said convicts. Control of chain-gang. SEC. 98. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of Commerce are authorized, in their discretion, by proper ordinance to compel owners of every building in the city of Commerce (not used as private residences) which buildings are three stories or more in height, not including basement, to provide more than one way of egress from each story of said building above the second story by stairways in the inside or fire escapes on the outside of said building, and said stairway on the inside or fire escape on the outside, shall be as nearly as may be practicable at the opposite ends of each building and so constructed that in case of fire, the ground could be reached readily from the third floor. Fire escapes on the outside of such buildings shall have suitable rails around, and at each story above the first, shall be connected with each of said stories by doors or windows opening outwardly and such doors, windows or landings shall be kept at times clear of obstructions. Fire escapes. SEC. 99. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That immediately after the passage of this Act, the mayor and council of the city of Commerce shall have the right to elect a building inspector for the said city, whose term of office shall expire on the first regular meeting of the mayor and council of said city of Commerce in January, 1910. It shall also the duty of the mayor and council

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to elect a building inspector annually at the first regular meeting of said mayor and council in January, whose terms of office shall be for one year after his election, and until his successor has been elected by the mayor and council at the first annual meeting in January of each year thereafter. Building inspector. SEC. 100. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That it shall be the duty of said inspector to examine all the buildings occupied as residences, stores, factories, shops, stables, banks, offices, school buildings, churches, public halls, etc., and all other buildings in said city at least once each year and to make a written report to said mayor and council as to the condition in which said buildings were found so far as the owners having complied with the fire ordinances and regulations of the city of Commerce. In the event the building inspector finds that the owners of any such buildings having not complied with the requirements of this Act, or have failed to comply with the ordinances of the mayor and council of the said city of Commerce, passed for proper fire protection, then and in that case, it shall be the duty of the building inspector to personally notify the owner or owners of such buildings, provided such owners reside within the incorporate limits of said city, or in case the owner or owners do not reside in said limits, to notify them by writing, to provide needful alterations or additions to said buildings. Duties of building inspector. SEC. 101. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That all owners of buildings referred in the two Sections immediately preceding this Section, who fail to comply with the

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requirements of said Sections within a reasonable time after having received such notice from the building inspector, or who shall refuse or neglect to make the alterations specified in said notice, shall be guilty of a violation of said ordinance and in the first case shall be liable to a fine of twenty-five dollars and not more than one hundred dollars, and in the second instance after having received said written notice and failed to make the necessary repairs, within a reasonable time, shall be liable to a fine of not less than twenty-five dollars nor more than one hundred dollars, for each month that said refusal or neglect to make said repairs continues, commencing thirty days from the date when said written notice was mailed to said owner or owners. SEC. 102. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have full power and authority to establish, maintain and construct one or more system of sewerage and drainage in said city of Commerce and around said city, for the health, cleanliness and comfort of its inhabitants, and the said mayor and council shall also have entire and absolute control and jurisdiction over all soil pipe, private drains and sewers, water closets, privy vaults and the like in said city with full power to prescribe the 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 city, and with power also to require changes in, and the total discontinuance of, any of such contrivances or structures already in existence or that may hereafter be allowed, if it is necessary so to do. Drainage and sewerage.

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SEC. 103. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That in case any sewer or sewers or parts of same shall be located upon or through private property and the owner of such property refuses to grant a right of way for that purpose, and such owner and the authorities of the said city cannot agree upon the damages to be paid for such easement, then assessors shall be appointed to assess the damages to such property by reason, or on account of the construction and maintenance of any such sewer through or upon the same. Said assessors to be appointed, notice given, and their award made as in case of property taken for opening, widening, or straightening streets, under the charter and laws of said city, upon the payment, or, in case of the refusal of the payment of by the land owner or owners, then upon the tender of the amount of the award of the assessors under such condemnation proceedings the work upon such sewers in the city of Commerce shall proceed notwithstanding the entering of any appeal from the award of the assessors, by the property owner or owners, and also, notwithstanding any injunction or other court proceedings which may thereafter be instituted by said property owner or owners. Rights of way for sewers. SEC. 104. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That in case any sewerage from the public sewer system of said city of Commerce, or any part thereof, shall hereafter be emptied upon or pass through any private property outside of city limits, then and in that event, the mayor and council are hereby authorized to condemn any lands outside of the city limits for the purpose of establishing or maintaining and operating said sewer

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system. In case the owner or owners of such property refuse to sell or grant to the city of Commerce the water rights for the passage of said sewerage through their property, and in the event said owner or owners and the mayor and council of the city of Commerce cannot agree upon the amount of damage to be paid for said easement, or water right, then and in that event the right of eminent domain is hereby granted to said mayor and council of the city of Commerce, and they are hereby authorized to proceed to condemn such water rights or easements as follows: The mayor and council shall appoint two freeholders, and the person or persons through whose property said sewerage will pass upon receipt of five days notice from the mayor and council, shall likewise appoint two freeholders and the four freeholders fail to agree upon the amount of said damage, then an umpire shall be called in, and in that event the award of any two freeholders and the umpire, shall be received as the award of the assessors, or arbitrators in said case, upon the payment by the mayor and council of the city of Commerce to the land owner or owners, or in case of the refusal by said land owner or owners of the amount of the award by said assessors under such condemnation proceedings, then and in that event the work upon such sewers, or the emptying of said sewerage into such water course or water courses passing through the lands of said land owner or owners, shall proceed, notwithstanding the entering of an appeal from the award of the assessors by said property owner or owners, and also notwithstanding any injunction or other court proceedings which may thereafter be instituted by said property owner or owners. Rights of way for sewers outside of city.

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SEC. 105. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That said assessors before entering upon the discharge of their duties as such, shall take oath that they will faithfully discharge their duties; and either party, the property owner or owners or said mayor and council, shall have the right to enter an appeal to the Superior Court of Jackson county, within four days from the time the award of said assessors is filed with the clerk of council. Oath of assessors. SEC. 106. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That when the award of the said assessors is filed with the clerk of council and is not appealed from, or if appealed from, the damages shall be finally ascertained on appeal, the said mayor and council shall then pay to the property owner the damages so assessed and the title to the easement or water right so taken shall rest in said mayor and council in fee simple. Appeals from awards of assessors. SEC. 107. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That for the proper protection and preservation of all sewers in said city of Commerce for public use, the mayor and council shall have the right and authority to direct and control the way and manner in which connection shall be made with such sewers, by whom the work shall be done, at what points and upon what terms, and under what conditions and generally shall have control and direction of all matters relating to the uses, control, repairs of sewers, and sewer connections; and the replacing of paving and other adjacent structures in good condition shall at all times be under the control, regulation and direction of the said mayor and city council of the city of Commerce. Sewer connections.

Page 706

SEC. 108. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That said mayor and council shall have power to compel connections to be made with said swers in all cases where, in their judgment, the health and cleanliness of the city demands it; to prescribe the fees to be paid for connection and use of the sewers; to provide and impose penalties for a failure to make connections when ordered, and to make any and all regulations that may be necessary and proper for the management and control of said sewers, and the preservation of the health of said city. Executions issued under this Section shall be a lien upon the property on which the sewer connection is made from the date of the order for connection and shall be issued collected and governed by the laws of force in said city relating to excutions for the city taxes. Sewer connections. SEC. 109. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have full power and authority to make all sewer connections in the city of Commerce, after the party or parties, who, having been notified either by special notice or general ordinance to make such sewer connections, shall fail or refuse to do so. Sewer connections. SEC. 110. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That when said mayor and council have made such sewer connections they shall keep an itemized statement of the cost of same, and when such connection, or work, is done, it shall be the duty of the clerk of the council to notify the party or parties upon whose lot such connection is made the amount of such bill, and upon their failure to pay the same, upon presentation thereof, said clerk of the

Page 707

council shall issue a fi. fa. for said amount directed to the city marshal of Commerce, who shall levy the same as other tax fi. fas. All amounts for such connections shall be, and the same hereby are, declared a special lien on the property connected with said sewer system, from the date of said order of connection. Cost of sewer connections. SEC. 111. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That the powers conferred in this Act, except as to the taxing of private property for the construction of a sewer, may be exercised by said mayor and council directly or through a commission of three citizens appointed by them, or partly by said mayor and council, and partly by such commission, as said mayor and council may deem best. Powers may be delegated to commissions. SEC. 112. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That it shall be the duty of the chief of police of the city of Commerce to take the census annually of the population of said city, such census shall be taken in accordance with the ordinances, rules and regulations prescribed by the mayor and council of said city, and when so taken and the returns thereof filed under cath with the clerk of said city, such enumeration of the population of said city shall be recognized as a State census or enumeration of the population of said city until a new census shall thereafter be taken by authority of the United States government. Annual census. SEC. 113. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce are hereby authorized and empowered in the exercise of the police power

Page 708

of said city of Commerce, to enact ordinances preventing the delivery within the incorporate limits of said city of Commerce, of wine, beer near beer, cr any imitation beer, no matter by what name it may be known or designated or of any alcoholic, spirituous, malt, vinous or other intoxicating liquors of any kind or description by any corporation, company, partnership, or by any person or persons, natural or artificial, directly or indirectly, and to enact ordinances providing for a penalty for so doing. Said city of Commerce, through its mayor and council, is further authorized and empowered to enact ordinances preventing any company, corporation or person or persons whatever from receiving such wines, beers, near beers, or imitation beers, no matter by what names known or designated, or any alcoholic, spirituous, malt, vinous, or other intoxicating liquors of any kind or description within the corporate limits of said city of Commerce, or for keeping the same for sale therein, and to enact ordinances to provide for a penalty for so doing. The said city of Commerce is further authorized and empowered, through its mayor and council, to enact ordinances for the seizure and forfeiture to said city of Commerce, of any and all such liquors hereinbefore enumerated in this Section, hereafter found within the corporate limits of said city of Commerce, in the hands of any corporation, company, or person or persons whomsoever, and to provide for the proper disposition thereof by sale by the chief of police of said city of Commerce, and the converting of the funds arising from such sale into the general fund of the city treasury. Said mayor and council of the city of Commerce is hereby further authorized and empowered in the exercise of its police power, to provide

Page 709

for and to enact any ordinance or ordinances looking to the regulation, restriction, suppression or total prohibition of the sale of any wines, beer, near beers, or imitation beers, no matter by what name it may be known or designated, or of any alcoholic, spirituous, malt, vinous, or other intoxicating liquors of any kind or description, within the corporate limits of said city of Commerce, whether by high license, prohibitory tax, or otherwise; provided, however, that the provisions of this Section shall be held and construed to apply to domestic commerce, and intrastate shipments as distinguished from shipments from beyond the State, and interstate shipments. Delivering and receiving near-beer, etc. SEC. 114. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1909. DALLAS, TOWN OF, PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 240. An Act to establish a system of public schools in and for the town of Dallas, in the county of Paulding, State of Georgia, to provide for the maintenance of said school by taxation and otherwise, to create a board of school commissioners for the government of said school, to authorize the State School Commissioner to pay over to the treasurer of said board all moneys due said school from the public school fund of said State, 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 enacted by authority of the same, That from and after the passage of this Act, there shall be established within the corporate limits of the town of Dallas, Paulding county, Georgia, the municipal corporate authority of said town having so recommended, a system of public schools, one of which shall be known as Dallas High School, to be established, conducted and maintained as hereinafter named. Dallas. Public schools. SEC. 2. Be it further enacted by the authority aforesaid, That before this Act shall become operative in the town of Dallas the mayor and aldermen of said town shall order an election to ascertain the will of the qualified voters of said town, qualified to vote under this Act, whether a system of public schools shall or shall not be established in said town, at which election, all persons voting at said election who propose to vote for public schools, shall have printed or written on their ballots the words For Public Schools. Those voting against public schools, shall have printed or written on their ballots, the words, Against Public Schools. Should the question thus submitted result in favor of public schools, then this Act shall become operative in the town of Dallas; should the result of said election be against public schools, then in that event the mayor and aldermen of said town may, after the expiration of twelve months after said election, upon the petition of forty voters of said town so requesting, order another election upon the same question. Election for public schools. SEC. 3. Be it further enacted by the authority aforesaid, That said election shall be held at the county courthouse in Dallas, Georgia, after posting notice of the

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time and place of said election for ten days at the county courthouse door and at three or more public places in said town, and after publishing a like notice in a newspaper published in said town having a general circulation in said town for a like period. Election precincts. SEC. 4. Be it further enacted, That said election shall be held within thirty days after the approval of this Act, and under the rules and regulations governing elections for mayor and aldermen for said town, all persons qualified to vote for mayor and aldermen shall be qualified to vote at said election. Electors. SEC. 5. Be it further enacted, That the returns of said election shall be made to the mayor and aldermen of the said town of Dallas, who shall immediately canvass said returns and declare the result of said election. Should two-thirds of the voters voting at said election vote for public schools, then the result shall be declared for public schools; should less than two-thirds of those voting at said election vote for public schools then the result shall be declared against public schools. Election returns. SEC. 6. Be it further enacted, That said board of school commissioners shall be composed of six members, resident citizens of said town for a period of one year prior to their election who has attained the age of thirty years. School commissioners. SEC. 7. Be it further enacted, That F. P. Hudson, W. O. Hitchcock, A. J. Camp, A. L. Bartlett, W. A. Foster and Ben E. Croker be, and they are hereby, created a board of school commissioners for said school. SEC. 8. Be it further enacted, That it shall be the duty of said board of school commissioners:

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First. To elect one of their number president of said board of school commissioners. Organization of board and its duties and powers. Second. To elect one of their number president pro tem of said board. Third. To elect one of their number secretary to said board. Fourth. To elect one of their number treasurer to said board. Fifth. To prescribe the duties of the president, president pro tem, secretary, treasurer, in addition to those prescribed by this Act, and to prescribe the duties of all other members of said Board. Sixth. To fix the amount of the bond of the treasurer, which bond shall be payable to the president of said board and his successors in office, in a sum double the sum to be placed in his charge, approved by said board of school commissioners, conditional for the faithful performance of his duties as treasurer to said board of commissioners, and for the faithful accounting for and legal distribution of said fund. Seventh. To fill by election all vacancies in said board of school commissioners, who shall hold their offices under said appointment until the next general election, at which election a member shall be elected for the unexpired term. Eighth. To elect a superintendent, principal, and all other teachers and subordinates for said school. To fix salaries of all officers, teachers and employees, to select text books not inconsistent with existing laws, prescribe course of study, determine the length of the scholastic year, time of beginning and closing of school, and

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from time to time to adopt such rules and regulations for the government of themselves and for the government of said school as they may think best for the carrying out the purpose of this Act. SEC. 9. Be it further enacted, That said board of school commissioners shall have power and authority to lease, rent, purchase and hold for the use of said school any and all land necessary for the use of said school. That said commissioners shall also be authorized to receive and hold any and all properties donated to said school. Said commissioners are further authorized to rent, lease, construct or repair any and all buildings necessary for the better interest of said school, and to purchase, receive and hold all other personal property necessary for the use of said school. Said school commissioners may in their judgment sell and convey any property belonging to said school which may not be necessary for the use of said school. School property. SEC. 10. Be it further enacted, That said board of school commissioners shall have power to prescribe a matriculation fee for pupils entering said school not inconsistent with the laws of this State, which shall not exceed five dollars per annum, to provide for the admission of children to said school who reside without said town of Dallas, to provide for the admission to the High School those not within school age, upon the payment of matriculation fee and a reasonable tuition to be determined by said board. Indigent and dependent children resident of said town whose parents from poverty are unable to pay matriculation fee may be admitted without payment of the same. Fees.

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SEC. 11. Be it further enacted, That non-resident pupils whose parent or those who themselves in person or by guardian pay school tax in said town of Dallas, may upon the payment of the prescribed matriculation fee be admitted to said school the same as those residing within said town without the payment of tuition, provided the tax so paid to said town for school purposes by the parents of said pupil or by said pupil in person or by guardian, shall equal the prescribed tuition for said pupil or pupils. Should the school tax so paid to said town by such non-resident pupil, parent or guardian not equal the prescribed tuition for such pupil or pupils, in that event the tax so paid to said town for school purposes shall be allowed as a credit on said tuition, and the balance of said tuition shall be paid under such rules and regulations as said board of school commissioners may prescribe, but the same shall not be allowed as credit on or in payment of matriculation fee. Tuition. SEC. 12. Be it further enacted, That said board of school commissioners shall have power to prescribe a course of instruction for advanced pupils of high school grade, other than those who are engaged in the elementary branches of an English education, and to fix the amount of tuition to be paid therefor in addition to that paid for tuition under the system of public schools established by this Act. Curriculum SEC. 13. Be it further enacted, That said board of school commissioners shall make or cause to be made a monthly report of all pupils between the ages of 6 and 18 years in attendance at said school, who reside in said county, who are being instructed in the elementary branches of an English education and entitled to participate in and to the public fund, and to cause the same

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to be certified as such to the county school commissioner of the county of Paulding by the secretary of said board of school commissioners, and by said county school commissioner for said county of Paulding certified to the State School Commissioner for the State of Georgia. Reports of commissioners. SEC. 14. Be it further enacted, That it shall be the duty of the State School Commissioner upon the reception of said report so certified as aforesaid, to pay over to the treasurer of said board of school commissioners for said town of Dallas the full amount found to be due said school for the attendance of pupils within school age from the State school fund. Pro rata share of State school fund. SEC. 15. Be it further enacted, That it shall be the duty of the treasurer to said board of school commissioners to receive and safely keep all funds belonging to or due said school from all sources, and all funds entrusted to his care as such, and to duly account for and pay out the same as prescribed by law upon the warrant of the president of said board of school commissioners when countersigned by the secretary of said board. School funds, how kept and disbursed. SEC. 16. Be it further enacted, That said board of school commissioners shall determine as early as practicable after the beginning of the scholastic year 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 cause the same to be laid before the mayor and aldermen of said town, and it shall be the duty of the mayor and aldermen to levy and collect said tax as provided by law. Provided, the rate of taxation under this Act shall not exceed one fourth of one per cent. per annum on the taxable property of said town, and when so collected by the clerk of said town or other

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collecting officer collecting the same, shall immediately pay the same over to the treasurer of said board of commissioners and take his receipt therefor, which shall constitute a fund to be expended by said board of school commissioners in the payment of teachers, for building, repairs of buildings, or leasing school houses, or in the purchase of other property for said school, and for the defraying any and all expenses of said school. School tax. SEC. 17. Be it further enacted, That said board of school commissioners shall make provisions for the education of all children in said town, between the ages of 6 and 18 years, but separate schools shall be provided for the white and colored children. Separate schools for white and colored pupils. SEC. 18. Be it further enacted, That the mayor and aldermen of said town of Dallas shall have power to appropriate from time to time such sums of money for the building and repairing or the purchase of school houses or other school property as the condition of the treasury of the town may justify. Appropriations for schools. SEC. 19. Be it further enacted, That the terms of office of the board of school commissioners herein created for said town of Dallas shall be as follows, to-wit: F. P. Hudson and W. O. Hitchcock for a period of two years, term to expire the first Wednesday in September, 1911; that of A. J. Camp and A. L. Bartlett to expire the first Wednesday in September, 1913; and that of W. A. Foster and Ben E. Croker on the first Wednesday in September, 1915. The term of each succeeding member, except when elected to fill an unexpired term, shall be six years, and until his successor may qualify. Terms of office of commissioners. SEC. 20. Be it further enacted, That the successors of F. P. Hudson, A. J. Camp and that of Ben E. Croker

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shall be elected by popular vote at the election for mayor and aldermen at the time of the expiration of their terms of office, and that the successors of W. O. Hitchcock, A. L. Bartlett and W. A. Foster shall be elected by the board of school commissioners for said school just prior to the expiration of their respective terms of office. Successors, when elected. SEC. 21. Be it further enacted, That each of said school commissioners shall take and subscribe the following oath: You do swear that you will faithfully discharge the duties devolving upon you as school commissioner for the town of Dallas without favor for any person whatever; and the secretary shall subscribe the following additional oath, to-wit: You do swear that you will faithfully record all papers and proceedings pertaining to the business of said board of school commissioners, and faithfully perform all other duties devolving on you as secretary to said commissioners; and the treasurer shall in addition to the oath required of all other members of said board take and subscribe the following additional oath, to-wit: You do swear that you will receive and safely keep all monies entrusted to your care as treasurer to the board of school commissioners for the town of Dallas, and will faithfully account for the same and pay the same out agreeable to law upon the warrant of the president of said board when countersigned by the secretary to said board. Oath of commissioners. Oath of treasurer. SEC. 22. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 16, 1909.

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DALTON, CITY OF, CHARTER AMENDED. No. 212. An Act to amend an Act entitled An Act to consolidate, amend and codify the various Acts incorporating the city of Dalton, in the county of Whitfield, and the various Acts amendatory thereof, and to define the duties of the mayor and council and other officers of said city, approved February 24, 1874, together with various Acts amendatory thereof; to repeal an Act establishing a high school for the city of Dalton amending an Act approved September 28th, 1881, approved August 17, 1908; to provide a system of taxation for said city; to provide for the teaching of higher grades of learning in the schools thereof; to regulate collection of costs in the Recorder's 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 from and after the approval of this Act as hereinafter provided, said Act approved February 24th, 1874, to provide a new charter for the city of Dalton, be, and the same is, amended by striking Section eleven (11) of said Act and inserting in lieu thereof and in lieu of all Acts amendatory thereof conflicting herewith, the following: The mayor and council shall have power to levy an ad valorem tax, not to exceed five-tenths of one per cent. upon all the taxable property within the corporate limits of said city, made taxable under the laws of this State; and may, in addition thereto, levy a tax not exceeding five-tenths of one per cent. annually for the purpose of establishing and maintaining public schools,

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as provided in an Act approved September 28th, 1881, being an Act to authorize the city of Dalton to levy a tax for the purpose of establishing and maintaining public schools, which Act is hereby declared still of force and binding upon the mayor and council of the city of Dalton. Said mayor and council may further levy a tax for the purpose of paying the principal and interest on the bonded indebtedness of said city as authorized in the Acts authorizing the creation of said indebtedness and for extraordinary expenses, as provided in Section 720 of the Code of Georgia of 1895, Volume 1, but provided, further, that the sum total of all taxes levied annually herein provided for shall not exceed for all purposes eleven-tenths of one per cent. on the taxable values, and a levy for any additional amount shall not be valid except when made in conformity with the provisions of Section 722 of Volume 1 of the Code of Georgia of 1895. Said taxes when levied shall be collected in such manner and at such times as may be prescribed by ordinance of the mayor and council, and in accordance with the usual method of enforcing collection of taxes, due the State of Georgia. It shall be the duty of the city clerk to receive the returns of all taxable property at such time and under such regulations as the mayor and council may prescribe by ordinance. He shall scan the returns made and see that the value placed on all personal property is fair and reasonable, and in the event he believes such returns to be incorrect he may refuse to accept the same and serve the person making the return to appear at the next meeting of the mayor and council; when that body shall proceed to hear evidence, having for this purpose authority to compel the attendance of witnesses as to the correctness

Page 720

of said return, and to assess a fair valuation upon the personalty of the party making the return and correct said return in any manner so as to make it fair and correct. Dalton: Ad valorem tax. SEC. 2. Be it further enacted, That it shall not be lawful to require of defendants convicted in the recorder's court of the city of Dalton, as established under an Act approved August 17, 1908, amending the charter of the city of Dalton, the payment of any cost or fees to any officer of the city of Dalton, or of said court in addition to such fines as may be imposed, and no such officer shall receive costs or fees for his services in the arrest and conviction of such defendants. Costs in Recorders court. SEC. 3. Be it further enacted, That an Act approved August 17, 1908, providing for the establishment of grades of study higher than the common school branches in the public schools of Dalton and amending an Act approved September 28th, 1881, be, and the same is, hereby repealed. Provided, further, that the board of trustees of the public schools of said city shall have the power to establish and maintain in connection with the common schools of said city, grades for teaching such higher branches as they may consider advisable, the numbering of said grades and selection of studies taught therein to be decided by them. They shall charge each student attending such higher school a fixed tuition, and shall have authority to use the funds so collected for the sole and exclusive purpose of teaching said higher grades, where instruction is had in higher branches than the elementary branches of an English education. Provided, further, that in no event shall the expenses incident to the teaching of such higher grades exceed the amount so collected. Public schools.

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SEC. 4. Be it further enacted, That at the next election held in said city there shall be submitted to the qualified voters of the city of Dalton the question of ratifying this Act in the following manner: Those opposed to the ratification of this Act shall have written or printed on their ballots the words Against Charter Amendment, and those favoring the ratification of this Act shall have printed or written on their ballots the words For Charter Amendment. If a majority of the votes cast at such election shall be For Charter Amendment, then this Act shall become of force on and after the date of said election. If the majority of the votes cast shall be Against Charter Amendment, then the operation of this Act shall be suspended. The returns of said election shall be made in the manner and by the same officials as shall attend to the holding of the regular election for city officials. Ratification of this Act. SEC. 5. Be it further enacted, That all laws and parts of laws conflicting herewith be, and the same are, hereby repealed. Approved August 14, 1909. DARIEN, CITY OF, PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 148. An Act to provide for the establishment of a system of public schools for the city of Darien; to provide for the maintenance and support of the same; to create a board of education for the city of Darien for the government of said schools; to provide for local taxation for the maintenance of said schools, and for other purposes.

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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 Darien, McIntosh county, Georgia, (the corporate authorities of said city having so recommended) a system of public schools, the same to be established, maintained, supported, conducted and provided for in manner as hereinafter set forth. Darien: Public schools. SEC. 2. Be it further enacted, That James K. Clark, Jr., J. A. Space, C. R. Walker, A. H. Manson and W. H. Strain, be, and they are hereby appointed and constituted a board of education for the city of Darien under the corporate name of the board of education of the city of Darien, and said persons and their successors in office, in said corporate name shall have the right to sue and be sued, to have perpetual succession, to have and use a common seal, to hold, have and possess by purchase, lease, gift or otherwise real or personal property, and to sell, convey and dispose of the same or any part thereof. All vacancies occurring in said board by death, resignation, expiration of term of office, removal or otherwise shall be filled by the mayor and aldermen of the city of Darien. No person shall be eligible to membership on said board unless he is a bona fide resident of Darien or a patron of the school in Darien or owns taxable property in Darien. Three members of said board shall constitute a quorum for the transaction of the business or duties of said board. Board of education. SEC. 3. Be it further enacted, That the above named A. H. Manson and W. H. Strain shall hold the offices as members of said board for two years and that the above named Jas. K. Clarke, Jr., J. A. Space and C. R. Walker shall hold their said offices for the term of four

Page 723

years and their successors to all of said offices shall be elected for the term of four years. Terms of office of board members. SEC. 4. Be it further enacted, That the officers of said board shall be a president, secretary and treasurer. Officers shall be elected by the board and shall hold their office at the will of the board; their duties shall be prescribed by the board. Secretary and treasurer shall constitute one office and the secretary and treasurer shall give bond and security in an amount to be fixed by the board for the faithful performance of his duties. The president shall be, and the secretary and treasurer may be chosen from the members of said board. Officers of board. SEC. 5. Be it further enacted, That all property both real and personal within the corporate limits of the city of Darien, which is now held, owned or possessed by the McIntosh county academy or the board of education of McIntosh county, be, and the same is, hereby transferred and conveyed to the board of education of the city of Darien. School property. SEC. 6. Be it further enacted, That the duties of said board of education shall be to establish such schools in said city of Darien as shall be necessary; to provide school houses by building, purchasing, renting or otherwise, to repair the same; to employ teachers; to receive donations for school purposes; to prescribe the course of study of the schools; to fix the salary of teachers; and to make all such rules and regulations for the government of said board and for the government of the said schools and for the receiving and paying out of school funds in said city, as may be necessary and as are not in conflict with the laws of this State. Duties of board.

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SEC. 7. Be it further enacted, That for the maintenance and support of said public schools, the county school commissioner of McIntosh county shall pay over to the secretary and treasurer of said board of education so much of the State school fund for said county as said city of Darien may be entitled to; and said fund shall be prorated between the city of Darien and the remainder of said county of McIntosh, according to their respective school population. Pro rata share of State school fund. SEC. 8. Be it further enacted, That the said board of education may require each non-resident child, upon entering said schools, to pay to said board an incidental fee to be fixed by said board; said fee in whole or in part may be arranged for and paid by the board of education of the county of McIntosh for pupils of other districts who may attend the said public schools of Darien. Fees of pupils. SEC. 9. Be it further enacted, That separate schools shall be provided for white children and for colored children. Separate schools for white and colored pupils. SEC. 10. Be it further enacted, That the terms of said schools shall be fixed by the board of education of Darien and shall be free to all children between the ages of six and eighteen years of age, whose parents, guardians or natural protectors bona fide reside within the corporate limits of the city of Darien, but the children of non-residents and of property owners of said city of Darien may be admitted to said schools on such terms and conditions as the board of education may prescribe. School children. SEC. 11. Be it further enacted, That all sums collected and paid as aforesaid and all sums raised by special taxation or by the sale of any property held by it, either real or personal, shall constitute the public

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school fund for the city of Darien, and shall be used and paid out by the board of education of the city of Darien for the payment of salaries of teachers, building, renting, leasing or purchasing of school houses and in the repairing and insuring of the same, purchasing school furniture and educational appliances and for such other purposes connected with the public schools of said city as may in the discretion of said board be for the general good and welfare of said schools. Public school fund, how disbursed. SEC. 12. Be it further enacted, That the mayor and aldermen of the city of Darien be, and they are, 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 Darien, such special tax as the said board of education may recommend not to exceed one-fourth of one per cent. on all the property of said city subject to taxation by said city and collect the said tax and pay the same over to the secretary and treasurer of said board of education, but before this Section of this Act shall become operative, the same shall be submitted to an election for approval or disapproval by the qualified voters of the city of Darien, at an election to be held for that purpose, at such time as the mayor and alderman of the city of Darien may determine. Notice of such election shall be given by publication in any newspaper published in said city of Darien once a week for at least two weeks before said election. Those favoring said tax for the public schools shall have written or printed on their ballots, For tax for public schools, and those opposed shall have written or printed on their ballots, Against tax for public schools. Said election shall be held in the same manner as State elections are held and shall be held at the

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court house in Darien, and all those qualified at State elections and who in addition thereto have resided in Darien six months and have paid all taxes due by them to the city of Darien, and have registered with the clerk of the city of Darien, which clerk is hereby made registrar and who shall keep a book for the registration of voters open for two weeks before said election closing the same the day before said election, shall be permitted to vote at the election herein provided for. The managers of said election shall certify the result of such election to the mayor and aldermen of the city of Darien, and if two-thirds of the persons voting at said election, shall vote for Tax for public schools the mayor of said city shall then so declare in writing and publish his declaration at least once in a 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. The election herein provided for may be held once every twelve months until the same has received the necessary two-thirds for tax for public schools should on election or elections result unfavorable to the tax for public schools. All the other provisions of this Act shall be of immediate force and effect upon the passage of this Act and without any election. School tax. 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 14, 1909.

Page 727

DARIEN, CITY OF, NEW CHARTER. No. 149. An Act to provide a new charter or the city of Darien, superseding all previous Acts, defining its limits and conferring additional powers on said corporation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the city of Darien in McIntosh county, Georgia, be, and the same is, hereby incorporated as a city under the name and style of the city of Darien, and by that name shall have perpetual succession and shall be invested with all the rights, powers and privileges and subject to all the liabilities incident to municipal corporations under the laws of Georgia, and said corporation shall succeed to all the rights, powers, titles, properties, easements and hereditaments, and shall be responsible for all the debts, liabilities and undertakings of the present municipal corporation of Darien. Darien, city of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of the city of Darien shall extend for one mile in every direction from the court house door, except in those directions where navigable streams would intervene, and in those directions, the said limits shall extend to the low water mark of the off shore and across said navigable streams thereby giving us a boundary line across the navigable streams the west bank of Pico Island commencing at a point opposite the mainland at the foot of First street on the east, thence running with the shore line of Pico Island to Pico Cut, thence westward to the north bank or shore line of Rhetts Island across Pico Cut, thence along the north shore line of Rhetts Island westward to Generals Cut, thence across

Page 728

Generals Cut to the north shore line of Generals Island and along said shore line westward to a point opposite the mouth of Cat Head Creek, thence across the Altamaha River to the east bank or shore line of Potosi Island, and thence northward along the shore line of Potosi Island to a point opposite the mainland where the mile limit extends to the low water mark on the east bank of Cat Head Creek, thence across Cat Head Creek to said point. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said city shall consist of a mayor and four aldermen, and that John D. Clarke be, and he is, hereby appointed and created mayor of said city, and S. R. Dean; D. S. Sinclair; J. F. Thomson and E. G. Cain, Jr., be, and they are hereby appointed and created aldermen of said city, to hold their offices until their successors are selected and have qualified as hereinafter provided. Mayor and aldermen. SEC. 4. Be it further enacted, That at the May term, 1910, of the Superior Court of McIntosh county, Georgia, and every two years thereafter, the grand jury of said county shall elect the mayor and aldermen of the city of Darien in the following manner, to-wit: Said grand jury shall elect five upright, intelligent citizens of McIntosh county, residing either in, or within three miles of the corporate limits of said city of Darien, and shall return the names of the persons so selected in their general presentment, but shall not designate any one as mayor, and the persons so elected and selected by the grand jury, shall be invested with the municipal government of the city of Darien, upon qualifying as hereinafter provided. They shall hold their office for the

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term of two years and until their successors are elected and qualified; any and all vacancies occurring by death, resignation or from any cause shall be filled by the mayor and aldermen for the unexpired term. Elections of mayor and aldermen. SEC. 5. Be it further enacted, That said five persons selected as aforesaid or a majority of them shall meet on the first Wednesday in June after their election, or as soon thereafter as practicable, and shall organize by electing from their number, a mayor and a mayor pro tem, and the person so elected as mayor and the other persons elected by the grand jury as aforesaid, upon taking the oath to faithfully perform the duties of mayor or alderman (as the case may be) of said city, shall be, and they are, hereby made mayor and aldermen of the city of Darien. The clerk of the Superior Court shall notify the persons elected as aforesaid as soon as practicable. Organization of mayor and aldermen. SEC. 6. Be it further enacted, That a police court is hereby established for said city for the trial of all offenders against the ordinances of said city. Said court shall be presided over by the mayor or mayor pro tem, and the presiding officer may fine not exceeding one hundred ($100.00) dollars or imprisonment not exceeding thirty days or sentence to work upon the streets or public works of said city not exceeding thirty days, any one or more of said penalties in the discretion of the mayor or mayor pro tem, the mayor pro tem, having the full power and authority of the mayor in the absence or disqualification of the mayor. Police court. SEC. 7. Be it further enacted, That said mayor and aldermen shall pass such rules and regulations for the government of the officers of the city as to them shall

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seem right and proper and shall require bond when deemed necessary. They shall have the right and power to elect, suspend, fine or remove from office a city clerk and treasurer (who may be one and the same person), city marshal, deputy marshal, policeman and such other officers as they may see fit and deem necessary for the good of said city. Said mayor and aldermen are hereby given full power and authority to create or abolish any office when they deem it for the general good. They shall fix the salaries and prescribe the duties of all officers elected by them. The salaries of the mayor and aldermen shall be prescribed by ordinance, but shall not be changed during the then term of office. Officers of city. SEC. 8. Be it further enacted, That said mayor and aldermen shall have all the authority conferred upon municipal corporations under Sections 696-761, inclusive, of Volume one of the Code of 1895, which are not in conflict with this Act; and in addition thereto may prescribe fire limits in said city, prescribe the plan or kind of buildings in the same and shall have authority to do and perform any and all things that are incident to or usually done by corporations of like character, and which are not in conflict with the laws of the United States or of this State or with the provisions of this Act. Powers of mayor and aldermen. SEC. 9. 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, 1909.

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DAWSON, CITY OF, NEW CHARTER. No. 22. An Act to incorporate the city of Dawson and to grant it a new charter, and to repeal all pre-existing charters, 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 inhabitants of the city of Dawson shall continue to be a body politic and corporate with perpetual succession by the name and style of the city of Dawson and by its corporate name may sue and defend in any case where a natural person might, and as such they and their successors by that name shall exercise and enjoy all the rights, immunities, powers, privileges and franchises now exercised by said city and heretofore exercised by the city council of Dawson and herein granted; and shall be subject to all the duties and obligations incumbent on said city, not inconsistent with this Act; may pass such laws, rules, regulations and ordinances not inconsistent with the Constitution of the State or of the United States, as shall be needful for the government, interest, welfare and good order of said corporation; may take, hold, purchase, lease, grant and convey such real estate or personal property as the purpose of the corporation may require within or without the limits thereof; may make, have and use a corporate seal, and change or renew the same at pleasure. Dawson, city of, incorporated. SEC. 2. There shall be a mayor and six councilmen of the city of Dawson, who shall collectively be known as the city council of Dawson. On the second Wednesday in December, 1909, in the city of Dawson, there shall be held an election for three councilmen. On the

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second Wednesday in December, 1910, in the city of Dawson, there shall be held an election for a mayor and three councilmen. Said elections shall be held in the court house in Dawson, Georgia, or in the council chamber of said city. The officers aforesaid, and their successors in office, shall serve for a term of two years and until their successors are elected and qualified. Annually thereafter, on the second Wednesday in December, at the same place, an election shall be held to fill the vacancies occurring in the city council of Dawson by virtue of the expiration of the term of office of the mayor or councilmen, either or both. Provided, however, that the present incumbents shall hold their office until the expiration of the term of office for which they were elected. The mayor and four councilmen shall constitute a quorum. In the event of a vacancy occurring in the office of mayor or of any member of the council, from any cause, then in that event the city council of Dawson shall have power and authority and shall order an election to fill such vacancy, said election to be held within thirty days after the date of the order aforesaid, during which time the said order shall be published in the official gazette of the city of Dawson. Said elections shall be held at the usual place of holding elections for mayor and aldermen in the city of Dawson, and in all other respects regulated, managed and controlled in the manner hereinafter provided for the elections of such officers. The term of office of the mayor and each councilman shall begin January 1st, following his or their election, except in the event of the election of any one or more of said officers to fill a vacancy, in which event the officer elected to fill a vacancy shall be qualified immediately upon the declaration

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of the result of his election, and shall fill the unexpired term of the officer whose term he fills. On January 1st, or as soon thereafter as may be, the city council of Dawson shall meet for the purpose of organization, at which time each member thereof shall be sworn to faithfully perform his duties as mayor or councilman, as the case may be, of the city of Dawson, according to the laws of the State of Georgia and the ordinances of the city of Dawson, to the best of his ability and understanding. When organized according to law the city council of Dawson shall at once proceed to elect from their number a mayor pro tem, who shall in the absence, or disqualification of the mayor be vested with all the power and authority of the mayor, and as such execute all the duties of the mayor. They shall elect from their number a chairman of the fire committee, a chairman of the light and water committee, a chairman of the street, cemetery and sewerage committee, a chairman of the finance committee and such other chairmen as they may deem necessary. They shall elect a clerk of the city council of Dawson, who shall be ex-officio tax collector of the city of Dawson, which said officer shall receive a salary of $1,000.00 per annum; also a city treasurer who shall receive a salary of $100.00 per annum; also a city attorney who shall receive a salary of $250.00 per annum. No other compensation or emolument whatever shall be paid the officers aforesaid except as above stated. They shall also elect a chief of fire department, chief of police, and in their discretion a city physician, or health officer, and such other employees of the city as they may deem necessary, and they shall have power and authority to fix and provide for the compensation of the employees so elected. Of

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the city clerk and tax collector they shall require a bond of not less than $10,000; of the city treasurer a bond of not less than $15,000, and of the chief of police a bond of not less than $2,500. and a suitable bond for such other employees as they may see proper; they shall have the right and authority to prescribe the duties of the said officers and employees, to provide rules and regulations governing them and to discharge them upon such conditions as they may fix. The city council shall have the power from time to time to adopt such rules and regulations for their own government as they may deem necessary. The mayor shall receive a salary of $500 per annum in full compensation for his services. Each councilman shall receive a salary of $100 per annum in full compensation for his services. Said sums to be paid out of the city treasury, and to be effective from and after January 1st, 1910, and shall apply to the mayor and each councilman now in office. The mayor and each alderman shall be ineligible for re-election to their respective offices for the ensuing term upon the completion of their respective terms of office. No person shall be eligible to the office of mayor who is not twenty-five years of age, who has not resided in the city of Dawson for a period of five years next preceding the date of his election, and who is not a qualified voter in the city of Dawson. No person shall be eligible to the office of councilman of the city of Dawson who is not twenty-one years of age, and who has not resided in the city of Dawson for a period of not less than three years next prior to his election and who is not a qualified voter of the city of Dawson. Mayor and councilmen. City officers. SEC. 3. Any citizen who shall have paid all taxes due by him to the city of Dawson, and who is a qualified

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voter for members of the General Assembly of the State of Georgia, and who has resided in said city six months next before said election, shall be a qualified voter to vote in an election for mayor and councilmen, or other municipal election. The city of Dawson shall have power and authority to pass such rules and regulations as they may deem proper, providing for the registration of voters in their municipal elections, and the furnishing of lists thereof to the managers. All municipal elections shall be held by a justice of the peace and two freeholders, or by three freeholders, to be designated by the city council of Dawson, and said election shall otherwise be held under the same rules and regulations as are now or may hereafter be provided by law for the election of members of the General Assembly of Georgia, except as herein otherwise provided. Elections. SEC. 4. After each election the managers thereof shall immediately make out and sign a certificate of return under oath of the election; said certificate shall give the name of each candidate voted for and the number of votes received by each and the office for which he is a candidate. One copy of said return, together with the ballots voted, the voters' lists, and all other papers used in said election shall be by them delivered under seal to the clerk of the city council of Dawson, and a certificate showing the result of said election shall be by them delivered to the clerk of the city council of Dawson before 12:00 o'clock noon the day following the election, whereupon it shall be the duty of said clerk to declare the result of said election and record the same upon the minutes of the city council of Dawson. All election returns, ballots, lists and other papers so deposited with the clerk of the city council under seal,

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shall be by him kept for a space of thirty days after said election, and then be by him destroyed without examination; provided, no contest is had. In the event of a contest it shall be his duty to keep all papers until called upon, to produce them in the court having jurisdiction of the contest. After such contest shall have been concluded, he shall destroy all papers without examination. The city council of Dawson shall have the power and authority to fix the compensation of the managers and clerks in all municipal elections, and to provide for their payment out of the city treasury. The city council is hereby authorized and empowered to impeach any one of their number for malfeasance or misfeasance of the duties of mayor or councilman, and for inability or unwillingness to discharge the duties incumbent on such officers. In case it should be determined that impeachment is necessary and proper, then, by appropriate resolution, the city attorney shall be empowered and directed to formulate the charges against such officer, who shall be duly served with a copy of the same, and allowed a reasonable time to prepare his defense thereto, either by himself or counsel. The said article of impeachment shall be preferred against such officer in the name of the city of Dawson in behalf of the citizens of said city, and the grounds on which said impeachment is sought must be distinctly set forth therein. The city council of Dawson shall, before proceeding with the trial, be duly sworn to impartially and carefully investigate said charges and a true conclusion reached, according to the evidence submitted, to the best of their skill and knowledge. Should the mayor be the officer on trial, the judge of the Superior Court of the judicial circuit in which Dawson is located shall preside

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over the city council, sitting as a court of impeachment, but such judge shall have no vote on the final result and in determining whether or not such mayor is guilty of such charges preferred against him. If such judge be disqualified or unable to serve, then some other judge of a Superior Court or city court in this State may preside. No officer of said city shall be impeached except by a vote of two-thirds of those trying the case against him. Judgment in case of impeachment shall not extend further than removal from office and dis-qualification to hold any office of honor or trust under the charter or ordinances of said city; but the person convicted shall, nevertheless, be liable and subject to indictment and trial and punishment according to law. Certificates of election. Impeachment proceedings. SEC. 5. The corporate limits of the city of Dawson shall extend one mile in each and every direction from the Southwest corner of the court house of Terrell county, in said city; that is to say, that the corporate limits of said city shall form a perfect circle around the city, the radius shall be one mile in length; provided, however, that the jurisdictional limits of said city shall extend one mile beyond the above defined corporate limits for the purpose of giving the city council of Dawson control and regulation over cemeteries, hospitals, light and water mains, sewerage and sanitation affecting the city, and shall have jurisdiction over said territory in so far as the same refers to sanitation, policing, regulating and controlling said area for said purposes, and they are further authorized to pass such ordinances as the city council of Dawson may deem proper for the purpose aforesaid. Authority is hereby given to the policemen of Dawson to make arrests within said territory

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for violations of the ordinances of the city of Dawson, or of the laws of the State of Georgia. Corporate limits. SEC. 6. The mayor shall be the presiding officer over all meetings of the city council, and shall have the right to vote only in the event of a tie, in which case he shall be permitted to cast the deciding ballot. The city council of Dawson shall have the right to summons and compel the attendance of witnesses and issue subp[oelig]nas for evidence before them whenever the same may be necessary for the more effective discharge of their duty, and shall have the power to punish for contempt with the same fines and penalties as the judge of the Superior Court of this State may punish for contempt of the Superior Court. All process necessary to enforce the powers conferred by this Section shall be signed by the mayor and attested by the clerk of the city council, and shall be served by any member of the police force of said city. Powers of city council. SEC. 7. That all the legislative functions of the city of Dawson shall be vested in and exercised by the city council of Dawson; that the mayor of the city of Dawson shall be the executive officer of said city and shall see that all the laws thereof are enforced. In order that he may more effectively discharge his duties he shall have the power and authority to suspend any officer or employee of the city of Dawson and provide a substitute for the same; such suspension shall stand until the next regular meeting of the city council of Dawson thereafter at which time the mayor shall report his acts of suspension to said body with the reasons therefor, and unless charges are sustained, he shall be reinstated. The chairman of each committee hereinbefore named as the head

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of the departments designated shall audit all accounts and claims against said department, unless he be absent or fails or refuses so to do, in which event the city council shall appoint another chairman to act in his stead or during his absence. Before the payment of all accounts they shall be acted upon and approved by a majority of the members present at a meeting of the city council of Dawson when a quorum is present. The city council shall require a statement to be published on January 1st and July 1st of each year in the official gazette, to be designated by the city council of Dawson, showing a full, clear and complete itemized statement of all taxes and other revenues collected and the manner in which expended during the preceding six months. Legislative functions and executive powers. SEC. 8. The city council of Dawson, shall have the power and authority, from time to time, to make, maintain, and establish such by-laws, or ordinances, rules and regulations as shall appear to them requisite and necessary for the security, welfare and convenience of said city and its inhabitants, and for the preservation of property, health, peace and good government within the limits of the same. General welfare. SEC. 9. The mayor is hereby given the power of reviewing all ordinances and regulations hereafter passed by the city council of Dawson before the same shall become operative, and it is hereby made the duty of said mayor to either veto or approve the same. Two-thirds of the full board of councilmen shall have the power to pass an ordinance or resolution over said veto. Mayor's veto. SEC. 10. Said mayor shall have as long as five days (Sundays excepted) after the passage of a resolution or ordinance by the city council in which to consider the

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same, and unless he vetoes said ordinance or resolution within the said five days, the same shall be operative as completely as if approved by him. In the event of a veto after the adjournment of a meeting in which the ordinance or resolution is passed, and within five days the said veto may be acted upon by the city council at its next regular meeting thereafter. Time allowed for veto. SEC. 11. The city council of Dawson shall have the power and authority to levy and collect taxes upon all the property within the limits of said city; to provide by ordinance for the assessing and prompt collection of the same; to regulate the manner, form and time of making out tax returns, tax lists or inventories and appraisement of property subject to taxation. They shall have power to elect tax assessors, to prescribe their duties and powers and fix their compensation and adopt such other measures and regulations, prescribe and enforce such penalties as they may deem advisable to secure due and prompt return and assessment of all property within the limits of said city, and the collection of the taxes thereon. In the event of any dissatisfaction on the part of any taxpayer in regard to the assessment of his property, he shall have the right to appeal to arbitration: (a) It shall have the power and authority to levy and collect such taxes for ordinary or extraordinary expenses upon the property within said city as is now allowed by the laws of the State of Georgia, and under the same rules and regulations as provided by this charter. (b) It shall have the power and authority to license, tax and regulate merchants, commission merchants, hotels, inn-keepers, saloons, and all places where drink is sold, brokers and all trades, professions, occupations and callings of every kind not

Page 741

specially mentioned herein as may be taxed or licensed by the laws of the State, and which are not prohibited by the laws of the State. The license and occupation tax authorized to be levied by this Act, if not paid when due, shall be collected by tax execution issued by the tax collector of the city of Dawson, and shall be paid to said officer by each and every person and firm before engaging in any trade, profession, business, calling, vocation or occupation as may be provided by the ordinances of said city and enforced by such penalties as are herein provided. The city council of Dawson shall have the power and authority to issue executions for taxes, levy the same by their proper levying officer and bring the property levied on to sale at the time and place and manner provided by law for municipal sales for taxes or sheriff's sales for State and county taxes. They shall have the further authority to provide for the redemption of such property, purchase the same at their own sales, and pass appropriate ordinances to carry into effect the provisions aforesaid. Taxing powers. SEC. 12. The city of Dawson is hereby authorized and empowered to charge telephone, telegraph and railway companies and like companies and all other public service corporations who may have franchises or otherwise carry on business within the city, or who may erect poles or lay conduits under the streets, lanes, public highways and thoroughfares of said city, a reasonable compensation for the use of the streets, lanes, public ways and thoroughfares, and to provide for the collecting such charges. Tax on franchises. SEC. 13. Taxes and assessments due to said city shall be next in rank to taxes due the State, whether in the administration of the assets of a decedent or otherwise,

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and tax executions in favor of the city of Dawson shall have the same lien on property throughout the State as judgments have by law and as is herein provided. Liens for taxes. SEC. 14. The city council of Dawson shall have the power, and authority to control, open, close, alter, widen, extend, construct, establish, maintain, regulate, grade, cleanse, pave or otherwise improve, embellish and ornament the streets, alleys, sidewalks, public grounds and places in said city; put drains and sewers therein; provide for and regulate the lighting thereof, the digging therein, the interference therewith, the placing therein of pipes, poles, wires, fixtures and appliances of every kind, whether on, above or below the surface thereof by any and all persons, animals and vehicles in whatever way and for whatever purpose; to prevent, abate and remove encroachments, obstructions, awnings, pollutions or litter therein, and to make and enforce such regulations in respect thereof as may be proper and expedient to promote the health, safety or convenience of said inhabitants of said city. The city council of Dawson shall have the power and authority to require the sidewalks in the fire limits paved and repaired at the expense of the property owner, and upon the failure of any person to comply with such order within the time prescribed, then the city council may have the same done and levy and collect the expense thereof by execution against the lands and goods and chattels of the owner of the lot abutting thereon. For the purpose aforesaid, the city council of Dawson shall have the power and authority to condemn such property as may be necessary within the limits of the city of Dawson, as hereinbefore described, and in condemning said property, said municipal corporation shall proceed in the manner set forth

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in the General Assembly, approved December, 1894, entitled An Act to provide for a uniform method of exercising the right of condemning, taking or damaging private property, found on pages 95, 96, 97, 98, 99 and 100 of the Acts of the General Assembly of Georgia for the year 1894, and that the property needed by the corporation for the purposes mentioned may be owned by a corporation, shall be no bar to the exercise of the rights of condemnation hereby conferred. Control of streets and power of condemnation. SEC. 15. The title to all property now owned by the city of Dawson shall remain in the city of Dawson, and the corporation is authorized and empowered to maintain all public buildings now owned by said city, to maintain and operate the electric light and waterworks plant; to operate, maintain or extend the sewerage system; also, to operate and maintain the fire station, as well as to purchase and pay for water or electric lights and power, as well as to erect and maintain and repair all such buildings as may be necessary; to maintain the fire engine and apparatus, horses, wagons, and such other property as it now holds, or may hereafter purchase for public use, including cemeteries, school houses and apparatus. They shall have full power to pass all regulations needful for the government, protection, regulation and maintenance and control of such property. Public utilities. SEC. 16. It shall have absolute jurisdiction and control over all pipes, private drains, sewers, water closets, privies, private vaults and dry wells in said city with full power to prescribe regulations for their constructions and use and to make such regulations concerning them as may seem best for the preservation of the health of the inhabitants of the city. Sanitation.

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SEC. 17. The city council of Dawson is hereby authorized and empowered to maintain the sewerage canal of the city of Dawson, to provide rules and regulations for the purpose of keeping the same open, and to exercise police powers over the same within the limits hereinbefore described, and it is further empowered to condemn property for water, light, drainage and sewerage purposes within the corporate or jurisdictional limits of said city of Dawson, and pay the injured parties damages incident to said condemnation. In condemning property for the purposes aforesaid, the city council of Dawson shall proceed in the manner prescribed by the Acts of 1894, as hereinbefore set out, that the property so condemned may belong to a corporation shall be no bar to its condemnation. Condemnation power for light and sewerage. SEC. 18. The city council of Dawson shall have the power and authority to establish hospitals within or without the corporate limits on their own land, and compel the removal thereto of any person who is found with any infectious disease within said corporate limits. To provide for compulsory vaccination, and to regulate, govern and control any infectious disease within the corporate or jurisdictional limits of said city in such manner as they may prescribe, and to provide for the expense incident thereto. Hospitals. SEC. 19. That the fire limits of said city shall consist of an area described as follows: the territory extending from Second avenue to Fourth avenue, from Vine street to Stonewall street, and on Lee street to Orange street, within which said area no wooden building or frame building covered with sheet iron shall hereafter be erected, and the city council of Dawson shall have the power and authority to regulate the building, maintenance

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and use of party walls, partitions, fences, parapet and fire walls, smoke flues, hot air flues, smoke stacks, fire places of all sorts and appliances therewith connected; to require, provide, fix, regulate and restrain or prohibit the construction, placing or moving or repairing of wooden buildings, frame buildings or structures of any kind within said limits or any part therof, and to regulate, define and prescribe building material that may or may not be used in the building or repairing of structures of whatever sort in said limits or any part thereof; to require and provide for the taking down and removal by the city or by the owner and at the expense of the owner of buildings, walls, or structures of any kind within the city limits that are or may become dangerous, and generally to make and enforce any and all regulations concerning buildings or building material requisite, necessary or proper to protect the health and safety of the inhabitants, and to declare any building in the corporate limits which they may deem dangerous to contiguous buildings, or in causing or promoting fires to be nuisances, and require or cause the same to be removed in such a manner as may be provided, and at the expense of the city, and generally to establish such regulations for the prevention and extinguishment of fires as said city council of Dawson may deem expedient. Fire limits. SEC. 20. To regulate, suppress, and control by adequate and appropriate regulations and penalties disorderly houses, and houses of prostitution or ill fame, houses of assignation, gaming houses, saloons and blind tigers in said city; to define nuisances, and by adequate penalties to prevent and abate or require or cause the abatement or removal of all nuisances within the city, and for a distance of one mile outside of the same at the

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cost of the person or persons responsible therefor; to prohibit the erection of houses for curing green hides, or slaughter pens, or factories, and all houses of like character within certain limits in said city, or any part thereof, and said corporation shall have the power, and is hereby made their duty, to limit by ordinance having effective penalties, the number of head of cattle which may be kept on each city lot, or territory of similar area, in said city. Suppression of vice and nuisances. SEC. 21. To provide and require that the city be kept in a clean and healthy condition, and that all the yards and premises in the city are kept in a cleanly condition, and so kept by the owner or occupant thereof at his own expense; to prohibit by proper laws and penalties every such owner or occupant or any other person from throwing or putting any trash or improper material in the streets or alleys or sidewalks, except for the purpose of removal, to require all owners or occupants of yards or premises to daily deposit all waste and unsanitary material in the street near by, or elsewhere, as may be prescribed by the city council of Dawson in some suitable vessel to be provided by such owner or occupant at his or her own expense, to be carried off by the public carts as the city council may provide. Sanitation. SEC. 22. To regulate and control plumbers and plumbing works, and to enforce the efficiency of the same. Plumbing. SEC. 23. To direct, control or prohibit the keeping and the management of houses and buildings or places for the storing of gun powder and other combustibles, explosives or dangerous material within said city, and to regulate the keeping and conveying of the same, and

Page 747

to authorize the laying of pipes and location and construction of tanks, reservoirs and pumping stations for the storage and conveyance of oil or gas. Explosives, etc. SEC. 24. To regulate, restrain, prohibit or prevent the use of fire crackers or other explosives or fire works, and all noises and amusements and other practices or performances tending to annoy persons or frighten horses or teams, or to the collection of persons on the streets or sidewalks or other public places, whether for the purpose of amusement, business, curiosity, or otherwise. Public comfort and safety. SEC. 25. To condemn all buildings, cisterns, wells, privies and other erections in said city which, on inspection, shall be found to be unhealthy, unsanitary or dangerous to persons or property, and cause the same to be abated or removed at the expense of the owner, unless the owner thereof at his or her own expense, upon notice and with the sanction and authority of the city council, shall reconstruct the same in such a manner as shall be prescribed by the laws of the city; and as to buildings, cisterns, wells, privies, and other private improvements to be constructed in the future, they shall have the power, and it shall be their duty, to have the same constructed so as not to interfere with the health of persons, or of the safety of persons or property within the city. Unsanitary or dangerous structures. (a) The city council of Dawson shall have authority to regulate and control any place in which 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 are sold, or otherwise disposed of. Drinking places.

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SEC. 26. To accept any money or property for the purpose of any public or corporate use. Public donations. SEC. 27. To authorize the proper officer of said city to grant and issue license and to direct the manner of issuing and registering thereof, and the fees and charges to be paid therefor; provided, that no license shall be issued for a longer period than one year, and shall not be transferable except by permission of the city council. Licenses. SEC. 28. To establish and regulate public grounds, and to regulate, restrain and prohibit the running or going at large of horses, mules, cattle, sheep, swine, goats and all other animals of whatever description, and to authorize the distraining and impounding and the sale of the same for the cost of the proceedings and the penalty incurred, and to order their destruction when they cannot be sold, and to impose penalties on the owners and keepers thereof for violation of any of the ordinances or regulations in relation thereto, and to prevent, regulate and control the driving of cattle, horses and other animals into or through the city. Live stock. SEC. 29. To license and tax dogs and other animals and regulate and restrain and prohibit their running at large, and to authorize and require their destruction when kept or allowed to go at large contrary to the ordinances or regulations, and to punish by fines the owners and keepers thereof for violations of or failure to observe any ordinance or regulation concerning the same. Dog tax. SEC. 30. To establish, maintain and regulate cemeteries, and to regulate the burial or removal of the dead, and require the registration of deaths, marriages and births. Cemeteries.

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SEC. 31. To license, tax and prohibit theatres, circuses, the exhibition of show men and shows of any kind, and the exhibition of natural and artificial curiosities, caravans, menageries and musical exhibitions and performances. Shows. SEC. 32. The city council of Dawson shall have the power and authority to borrow money and contract loans for the purpose of paying current expenses in an amount not to exceed the sum of five thousand ($5,000) dollars per annum, and for such purposes may pledge the credit of the city of Dawson. Power to borrow money. SEC. 33. They shall have the power and authority to impose and inflict such pains and penalties, by imprisonment, hard labor or by fines for violations of the ordinances of the city as in their judgment shall be conducive to good order and government of said city; and are not in conflict with the laws of Georgia; provided, that the fine for any one offense shall not exceed the sum of one hundred ($100) dollars, nor imprisonment shall be for more than sixty days. The city council may inflict several and distinct fines and impose penalties for several and distinct offenses. Enforcement of penalties. SEC. 34. The mayor and members of the city council shall be exempt from jury duty during their term of office, and all other officers and employees of the city of Dawson shall be exempt from jury duty during their employment by said city, though not disqualified; and the police officers of said city shall be exempt from the performance of military duty under the laws passed and established by this State. But said mayor and councilmen shall not be exempt from street tax. Exemption from jury duty of councilmen and officers.

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SEC. 35. The city council of Dawson shall have the power and authority to establish a chaingang for the purpose of working thereon the convicts within the city of Dawson, and shall provide rules and regulations whereby said convicts may be confined in said city and cause them to labor on the public streets in said city, and this to apply to all persons who have been convicted of any offense against the ordinances of said city, and may prescribe adequate punishment in the event of a failure of said convicts to comply with the terms of said sentence not in conflict with the laws of this State. Chaingang. SEC. 36. The city council shall have the power and authority to require each male resident living within the corporate limits of the city of Dawson between the ages of sixteen and fifty years, who is not exempted by law, to work upon the streets of said city as the city council may direct for as many as fifteen days in each year, or in lieu of such work, to pay as street tax such sum as may be fixed by the city council of Dawson not to exceed the sum of three dollars per annum, to be fixed annually at the first meeting of the city council each year, or as soon thereafter as practicable. To provide penalties for failure to pay the tax or work on the streets by imprisonment and sentence to work in the city chaingang. Street work and commutation tax. SEC. 37. That all ordinances of the city council of Dawson existing at the time of the adoption of this charter, and not repugnant thereto, shall be of full force and effect until the same be altered, modified or repealed by the city council of Dawson, and that all officers of said city heretofore elected shall fill their office and the term thereof to which they were elected, unless removed therefrom or suspended, as herein provided. Existing ordinances.

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SEC. 38. No franchise or right in relation to the highways, avenues, streets, lanes or alleys in the city of Dawson, either on, above or below the surface of the same, shall be granted to any person or corporation for a longer period than fifty years. Franchises. No franchise shall be granted to any person or corporation except upon the following conditions, to-wit: That the person or corporation desiring the franchise shall first file an application with the clerk of the city council of Dawson, setting out in detail the extent and nature of the business proposed to be carried on under the desired franchise, as well as the name and residence of the applicant and the nature and extent of the franchise. The applicant as condition precedent to the filing of said application, shall deposit a sufficient sum of money with the said clerk to cover the cost of the application, advertisement and the election hereinafter provided for. Upon the filing of the application, it shall become the duty of the clerk to publish the same, as well as the place and time of hearing, in the official newspaper of the city of Dawson for at least four weeks. The city council of Dawson will be authorized to consider said application, and approve or disapprove the same, as the case may be, at the time and place specified in the published notice, or at any regular meeting thereafter. In the event of the approval of the application for said franchise, it shall become the duty of the city council of Dawson to pass an ordinance approving said application and granting said franchise, subject to an election, whereby the issue as to franchise or no franchise shall be submitted to the qualified voters of the city of Dawson. In the event of such an election being ordered, the same shall not be held within less than sixty

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days from the date of the approval of said application by the city council of Dawson, and shall be held under the same rules and regulations and at the same place or places as is provided by ordinance for the election of mayor and councilmen of the city of Dawson. Immediately upon the approval of said application, it shall become the duty of the city clerk of Dawson to publish the ordinance granting said franchise and the order for the election in the official gazette of the city of Dawson at least once a week until the date of the election. In the event of such an election, those in favor of the franchise shall vote For the Franchise, and those opposed shall vote Against the Franchise. The result of such election shall be declared in the same manner as is prescribed herein for the election of mayor and councilmen. No ordinance shall be passed by the city council granting any franchise except upon the conditions that adequate compensation be made or paid to the city for same. They shall have the power and authority to provide rules and regulations for the payment of the consideration aforesaid, and to determine the conditions under which same shall be fixed, and to provide for the forfeiture, amendment or renewal of the franchise. Terms of franchises. SEC. 39. There shall be a municipal court in the city of Dawson to be known as The Mayor's Court, and the same shall have jurisdiction to try all offenses against the laws and ordinances of the city of Dawson committed within the corporate or jurisdictional limits thereof, and to punish for violation of any of said laws or ordinances by fine or imprisonment, either or both. In the event of imprisonment, same shall consist of confinement in the city jail or at labor upon the streets or other public works in said city, or within the jurisdictional

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limits, as may be provided by ordinance. And the jurisdiction of the mayor's court shall extend to the investigation of any charge involving the violation of the laws of the State of Georgia where same appears to have been committed within the corporate limits, and upon investigation of any charge in said court as herein provided. Should it appear that the defendant is guilty of violating the penal statutes of the State of Georgia, and then said mayor's court shall have the power and authority to commit the defendant to the common jail of Terrell county, or assess bond conditioned upon his appearance for trial at such court within the State as may have jurisdiction of the offense under the same rules and regulations as is now provided by the laws of the State of Georgia for the commitment of persons charged with crime against the State of Georgia. Mayor's court. SEC. 40. The mayor of the city of Dawson shall be its chief judicial officer, and as such may preside over the mayor's court, and in his absence or disqualification, the mayor pro tem. shall preside in his stead and exercise the same power and authority as the mayor. The clerk of the city council of Dawson shall also be the clerk of the mayor's court, and as such shall keep such books as may be provided by ordinance, and shall keep a complete record of each case tried before said court, the charge upon which tried, and how same was finally disposed of. Presiding and executive officers of mayor's court. The ministerial officer of said court shall be the chief of police of the city of Dawson and other members of the police force of said city, any of whom may execute the process of said court, and to whom all process thereof shall be directed.

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SEC. 41. The mayor of the city of Dawson shall have the power to impose fines and inflict punishment for the violations of the laws and ordinances of said city within the limits prescribed by its charter, and said court shall have the same power to punish for contempt for acts committed in the presence of the court as is authorized by law for the punishment for contempt by the Superior Courts, and the presiding officer thereof shall have the further power and authority to issue warrants for offenses committed within the city of Dawson, either before or after hearing the charge in the mayor's court, which warrant may be executed by any member of the police force of said city. Said officer shall have the further power and authority as is now given by law to justices of the peace, so as to enable him to issue warrants for violations of the State laws, and to order the discharge of the same. He shall have the further power and authority, upon proper evidence, to issue warrants for offenses committed within the city limits of Dawson for offenses committed against the ordinances of the city of Dawson, all of which warrants may be executeed by any member of the police force of the city of Dawson. Said court shall have the power and authority when, upon investigation, it should appear that the defendant in the case has been guilty of a violation of the penal statutes of the State of Georgia, to commit the defendant to the common jail of Terrell county, and admit to bail in such cases as may be bailable upon the conditions now provided by law in such sum as may be fixed, within the discretion of the court, providing for their appearance at the next term of court having competent jurisdiction. Powers of mayor's court.

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As to sentences imposed by the mayor's court, the mayor shall have the right as to such sentences or fines as may have been imposed by him to suspend, vacate or reduce fines and terms of imprisonment, within his discretion, before the same are enforced. Powers of mayor. SEC. 42. Upon complaint signed in writing by complainant, lodged with any member of the police force of the city of Dawson, or with the clerk of the mayor's court, any person within the jurisdictional limits of the city of Dawson charged with the violation of any of the laws or ordinances of said city, or of any of the laws of the State of Georgia committed within the city of Dawson, may be brought before the mayor's court to answer such charge by service upon such person of a subp[oelig]na issued by the clerk of said court, setting forth the nature of the charge and the time and place of hearing, and the officer presiding over said court shall have the power to punish any person disobeying such subp[oelig]nas as for contempt of court. Summonses. Any person desired as a witness in any case in the mayor's court may be compelled to attend any session of said court by service upon such person within the city of Dawson of a subp[oelig]na. Such subp[oelig]na shall be issued by the clerk of said court in the name of the mayor, and shall set forth the name of the case and time and place of hearing; and the mayor shall have the power to punish as for contempt, any person failing or refusing to obey such subp[oelig]na. Witnesses. SEC. 43. The right of certiorari from decisions and judgments of the mayor's 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.

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SEC. 44. In case any person has deposited any sum of money as a bond for the appearance in the mayor's court of any person charged with an offense, such sum of money shall be forfeited by the owner thereof and paid over by the clerk of said court to the city treasurer as the property of the city of Dawson, in the event the party does not appear at the time appointed, for whose appearance such sum of money was deposited as bond. All bonds for appearance of defendants before the mayor's court shall be fixed by the mayor or mayor pro tem. Appearance bonds. SEC. 45. When any bond is given by any person charged with an offense against the ordinances of said city for his or her appearance at any session of the mayor's court of the city of Dawson, and such person so giving bond shall fail to appear at the time specified in said bond for his or her appearance, then the clerk of said mayor's court shall issue a scire facias in said mayor's court why said bond should not be forfeited, and if, at the return term of said scire facias in said court, no sufficient cause be shown to the contrary, judgment shall be entered upon said bond against the principal therein and his or her surety or sureties. On entering judgment on any such bond the clerk of the mayor's court shall issue an execution against the principal on said bond and his or her surety or sureties, in conformity to said judgment, and the same shall be placed in the hands of any ministerial officer of said city who shall proceed to collect the same as other executions in favor of said city are collected. Forfeitures. SEC. 46. The city council of Dawson shall have the power and authority to pass any and all ordinances,

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rules and regulations necessary to properly carry into effect the powers herein granted and conferred. General powers. SEC. 47. Persons sentenced to labor by the mayor's court of the city of Dawson shall be turned over to the city council of Dawson to be put to work on the streets or other public works in said city, or within its jurisdictional limits. Public works. SEC. 48. Whenever any person is convicted in the mayor's court of the city of Dawson for a violation of any of the ordinances of said city, and such ordinances provide for punishment by imprisonment, the imprisonment of such persons may, in the discretion of the court, be in the city jail, or with labor in the chaingang, or upon the public works of the city of Dawson, and such person may, for the purposes aforesaid, be committed direct from the mayor's court to said chaingang into the custody of the city of Dawson. Convicts. SEC. 49. 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 7, 1909. DECATUR, TOWN OF, NEW CHARTER. No. 282. An Act to amend, revise, consolidate and supersede the several Acts incorporating the town of Decatur in DeKalb county, Georgia, and to create and establish a new charter and municipal government for said town; to define the rights, powers and duties of the same, to repeal conflicting laws, 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 passage and approval of this Act, the inhabitants of the territory now embraced in the corporate limits of the town of Decatur in the county of DeKalb and State of Georgia, be and they are hereby incorporated under the name and style of the town of Decatur, and the said town of Decatur is hereby chartered and made a town under the corporate name of the town of Decatur, and by that name shall have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State; and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to the town of Decatur, shall be, and are, hereby vested in said town of Decatur, as created and reincorporated by this Act; and the said town of Decatur as incorporated in this Act may in its corporate name 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 council all such ordinances, by-laws, rules, regulations and restrictions for the transaction of its business and the peace, good order, health, welfare and proper government of said town, as to said mayor and council seem best and consistent with the Constitution and laws of the State of Georgia and of. the United States. Decatur, town of, reincorporated. And the said town of Decatur 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, tenements and hereditaments of whatsoever kind

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within or without the limits of said town for corporate purposes. Property rights. Said town of Decatur as incorporated by this Act, shall succeed to all the rights of and is hereby expressly made responsible, as a body corporate, for all the legal debts, liabilities and undertakings of the said town of Decatur, its mayor and council, as a body corporate, as heretofore and in previous Acts incorporated. Liabilities. CORPORATE LIMITS. SEC. 2. Be it further enacted that the corporate limits of the town of Decatur, as now defined and established under the Act of the General Assembly approved August 22d, 1907, and the several Acts prior thereto, be, and the same are, hereby defined and established as the corporate limits of said town as reincorporated by this Act. Corporate limits. WARDS. SEC. 3. Be it further enacted, That it is hereby made the duty of the present mayor and council of said town, as soon as practicable and at least thirty days prior to the next regular municipal election in said town, to lay out and define by ordinance, the territory embraced within its limits, into three wards, as nearly equal as practicable in size and population, which said wards may be changed by the mayor and council, whenever they may hereafter consider it to the interests of the town to do so, not often than once in two years. Wards. MAYOR AND COUNCIL. SEC. 4. Be it further enacted, That the municipal government of said town of Decatur shall be and is hereby vested in a mayor and six councilmen. Mayor and councilmen.

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That the present mayor and the present councilmen of said town, shall continue in the offices to which they were elected for and during the unexpired portions of their respective terms for which elected, or until their successors are elected and qualified, and said mayor and councilmen shall have and exercise all the rights, powers, duties and authority conferred upon the mayor and councilmen under and by virtue of this new charter for said town of Decatur. SEC. 5. Be it further enacted, That on the first Wednesday in December, 1909, there shall be elected for said town, by the qualified voters therein by ballot, a mayor and one councilman from each of the three wards directed to be created hereunder, who shall hold office for two years and until their successors are elected and qualified. Elections of mayor and councilmen. On the first Wednesday in December, 1910, there shall be elected for said town, by the qualified voters therein by ballot, one councilman from each of said three wards, whose terms of office shall be for two years and until their successors are elected and qualified, and as the terms of office of the mayor and councilmen elected as above required, expire, to-wit: the mayor and three councilmen in 1911 and three councilmen in 1912; their successors shall be elected in the same manner and for like terms, so that each ward shall be entitled to and have two councilmen, provided that each of said councilmen shall be voted for and elected by all of the voters of said town irrespective of ward lines, it being the intention of this Act that councilmen shall reside in and be eligible for election only from the wards in which they reside, but all elections shall be by general tickets.

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The terms of office of the mayor and councilmen elected under the provisions of this Act shall commence on the first Monday of the January following their election, and shall be for two years and until their successors are elected and qualified. On the first Monday in January after their election the mayor and councilmen elect shall meet with the hold-over members of council at the town hall or other usual place of holding council meetings in said town, and there shall severally take, before some officer authorized by law 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 town of Decatur for the ensuing term, and that I will faithfully enforce the charter and ordinances of said town, to the best of my ability, without fear or favor, and in all my actions as mayor (or councilman) act as I believe for the best interest of said town, so help me God. Should the mayor or any councilman be absent from said meeting, he or they may take said oath of office, as soon thereafter as possible. The mayor and council shall provide, by ordinance, for regular meetings, not less than one a month, and may hold such special or call meetings as the business of the town may require, to be convened as provided by ordinance. Meetings of council. In the event the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal from the town or ward, or otherwise, the mayor and council, or in case the mayor's office is vacant, the council, shall order an election for the purpose

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of filling such vacancy or vacancies, by giving notice, such as may be provided by ordinance, and by publication in a newspaper published in said town; and such election shall be held, returns made and results declared in the same manner as in the regular elections for mayor and councilmen as hereinafter prescribed; provided, that in case such vacancy or vacancies occur within sixty days preceding the regular municipal elections in said town, then, in that event the said vacancy or vacancies, may be filled by the mayor and council, or by the mayor pro tem in case of vacancy in the mayor's office and persons so elected as councilmen or the mayor pro tem as the case may be, shall be duly empowered and qualified to fill such vacancies until the regular election. Vacancies. Should the mayor or any member of council fail or refuse to perform the duties of his office for a period of two consecutive months, provided such failure is not from providential causes, the office may be in the discretion of the council, or the mayor and the remaining members of council, declared by resolution vacant, and the vacancy filled as before provided. Non-feasance. MUNICIPAL ELECTIONS. SEC. 6. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said town of Decatur, shall be managed by a justice of the peace, or some other judicial officer, and two freeholders who are citizens of said town owning realty therein, or by three freeholders, all of whom shall be citizens of said town and freeholders therein; each of said managers before entering upon his

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duties, shall take and subscribe before some justice of the peace, or other officer qualified to administer oaths, or before each other, the following oath: Each of us do swear that we will faithfully and impartially conduct this election according to law, and will prevent all illegal voting, to the best of our skill and knowledge, and make true returns thereof, so help me God. Elections. Said managers shall keep or cause to be kept two lists of voters at said elections and two tally sheets. All elections shall be held at the town hall in said town, or at the regular place of council meetings, and the voting shall be by ballot. The polls shall be opened at 6 o'clock a. m. and be closed at 6 o'clock p. m. standard central time. The persons receiving the highest number of legal votes for the respective offices shall be elected. The managers and clerks for all elections held under the provisions of this charter shall be named and appointed by the mayor and council, prior to the elections, and the mayor and council shall determine and provide for the pay of managers and clerks. 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 box, with the ballots cast in said election and seal the same under their signatures, and shall forthwith deliver the same to the Ordinary of DeKalb county. The other list of voters and tally sheet shall be placed in a package and sealed and delivered forthwith to the clerk of said town, who shall safely keep the same, and at the first meeting of the mayor and council occurring after the expiration of three days from said election,

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and within ten days after said election, deliver the said package to the mayor and council who shall open the same and declare the results therefrom. If any election in said town is contested, notice of said contest must be filed in writing with the Ordinary of DeKalb county, plainly setting forth the grounds of contest or illegality, within three days after said election, and upon payment of ten dollars as a guarantee of costs, to said Ordinary, in advance, by the contestant or contestants, the Ordinary shall within two days after the contest is filed, make a copy of the same and cause the same to be served by the sheriff, or his deputy, on the contestee, if the contest is for an office; and if the result of any election in which any question has been submitted is contested, then said Ordinary shall cause the notice and copy of contest to be served on the mayor, and published one time in any newspaper published in said town; said Ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days notice. The contestant shall pay the sheriff or his deputy, in advance, two dollars for service, and notice of the contest, and the contest shall be held at the court house in said town. The Ordinary is authorized, empowered and directed to hear and determine any contest and the losing party shall pay all costs, for which the Ordinary shall issue the usual execution, when necessary. Certified lists of voters. Contested elections. QUALIFICATION OF MUNICIPAL VOTERS. SEC. 8. Be it further enacted, That all persons qualified to vote in this State for members of the legislature and who shall have paid all taxes legally imposed and demanded by the authorities of said town, and who

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shall have resided in said town three months prior to the election at which they offer to vote and who shall have registered as required by the registration laws or ordinances of said town, shall be qualified to vote at any election held under the provisions of this charter. Electors. REGISTRATION OF VOTERS. SEC. 9. Be it further enacted, That it shall be the duty of the clerk of said town, upon the first Monday in November of each year, to open a registration book for the registration of the qualified voters of said town. Said book shall be kept open at such hours as the mayor and council may prescribe each and every day (Sunday and legal holidays excepted) until the Wednesday before the first Wednesday in December, when it shall be fairly 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 by the authority of said town, and who upon the day of election, if then a resident, will then have resided in said town for ninety days 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 street in said town on which 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 and of the State of Georgia; that you have resided in said State for twelve months, in this county

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for six months and in Decatur for three months next preceding this registration, or that by the date of the next town election, if then a resident, you will have done so, and that it is your intention to remain a resident until the said day of election; that you are twenty-one years of age or will be so prior to said day of election; that you have paid all taxes due the town of Decatur, and all taxes required by the laws of this State, except taxes for this year, so help you God. Registration of voters. It shall be the duty of the clerk of said town to prepare a list of the names of voters registered, after it has been purged by the mayor and council, in alphabetical order, and furnished the managers of the election with a complete list of the registered voters, in alphabetical order, certified under his official signature and seal of office, at or before the polls are opened. The managers shall keep said lists before them during the election and shall not permit any one to vote in said election whose name does not appear thereon, and when said election is over, it shall be the duty of said managers to return said lists to the clerk, to be by him safely kept and preserved. The registration for white and colored shall be made out separately. For any intermediate or special election in said town for any purpose, the clerk shall open the registration book at least thirty days before the date fixed for such election and shall close the same five days before the day of election, and prepare and furnish the registration book lists as hereinbefore provided. Notice of the opening of the registration book for all elections shall be given in such manner as the mayor

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and council shall prescribe, at least twenty days before the closing thereof. Should the name of any person qualified to vote in any election, and who registered therefor with the clerk in due time and form, be accidentally omitted from the registration lists furnished the managers of said election, the clerk of said town may certify under his official signature and seal to such accidental omission to place his name on the lists, and that he is and was duly and legally registered in due time and form before the registration books were closed, and thereupon and by filing said certificate with the managers, such person shall be allowed to vote. Any person voting in any election held in said town, who is not qualified to vote therein, under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed by the laws of this State for illegal voting. Illegal voting. After said registration books are closed, and prior to the day of any election for which said registration is had, the mayor and council shall examine, revise and purge said lists, as made up and returned to it by the clerk, of all illegally registered voters or persons disqualified from voting for any lawful reason, provided, that before removing any name therefrom, written notice shall be served on the person or persons deemed disqualified at least 12 hours before final action thereon by the mayor and council, that such person may show cause, if any, why such action should not be taken. Revision of registration. QUALIFICATION OF MAYOR AND COUNCILMEN. SEC. 10. Be it further enacted, That no person shall be eligible for the office of mayor or councilman of said

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town unless he shall have resided in said town not less than one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said town, and who has not been convicted and sentenced for any violation of the criminal laws of Georgia, involving moral terpitude, and who is entitled to register under the registration laws of said town, provided, that in the election of councilmen, no person shall be eligible who has not resided in the ward from which he is elected for not less than three months immediately preceding the election at which he is voted for. Qualifications of mayor and councilmen. MUNICIPAL OFFICERS, THEIR SALARIES AND DUTIES. SEC. 11. Be it further enacted, That at the first regular meeting of the mayor and council, which shall be held on the first Monday in January of each year after the regular municipal election in December, for the purpose of reorganization, the council shall elect one of their number mayor pro tempore, for a term of one year, who shall, in the absence or disqualification of the mayor, or during a vacancy in said office, perform and discharge all the duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Municipal officers. The mayor and council shall also, at said meeting, elect a city clerk, a treasurer, a marshal, who may be chief of police, and as many policemen as in their judgment shall be necessary; a city attorney, if they deem one needed; a superintendent of waterworks, and such other employees of said department, and such other town officers as the mayor and council shall deem necessary in the government of said town, to be fixed by ordinance.

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Each of said officers shall take such oaths of office, give such bonds, and perform such duties as shall be fixed by ordinance; provided, that all official bonds shall be payable to the town of Decatur. Said mayor and council shall have power and authority, in their discretion, to suspend and remove such officers from office, or impose fines on said officers, provided, that before removal or fine, said officer shall be entitled to a hearing before the mayor and council, on the charges preferred, under such rules as the mayor and council may fix. It shall be the duty of the mayor and council, prior to their election, to fix the salaries, fees or compensation of all the officers, agents or employees of said town, which, when once fixed, shall not be changed during the term of office of said officer, agent or employee. All of said officers, agents, and employees shall be elected or appointed for terms of one year, and until their successors are elected, appointed or qualified. Salaries. The salary of the mayor shall be fixed by ordinance at the last meeting of the mayor and council to be held in 1909, and biennially thereafter, which said salary shall not be changed during the term for which a mayor is elected. SEC. 12. Be it further enacted, That the mayor, or the mayor pro tem., and four councilmen, shall constitute a quorum for the transaction of business, and a majority of the votes cast shall determine questions before them; provided, that the mayor or the mayor protem., if he be presiding in the absence of the mayor shall vote only in case of a tie vote, and, provided, further, that all votes making appropriations or authorizing the expenditure of town funds, or fixing the

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salaries of officers, agents or employees, shall be by the yeas and nays, duly recorded on the minutes, and provided, further, that on any question, any councilman may demand the aye and nay vote, and on such demand the vote shall be so taken and recorded on the minutes. Quorum of council. The mayor, or the mayor pro tem., when performing the duties of mayor, shall have veto power, and may veto any resolution or ordinance passed by the council, in which event the same shall not become a law or have the effect of a law, unless subsequently and at the next regular meeting thereafter, it shall be passed over his veto by a two-thirds vote of the entire council duly recorded on the minutes; but unless he shall file in writing with the clerk of said town, his veto of any measure passed by the council, with his reasons for withholding his assent, within three days after its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve the same in writing and the measure shall go into effect immediately. Veto power of mayor. DUTIES OF THE MAYOR. SEC. 13. Be it further enacted, That the mayor of said town shall be the chief executive officer of the town of Decatur. He shall see that all laws, ordinances, resolutions, and rules of said town are faithfully, fully, and impartially executed and enforced, and that all of the officers, employees and agents of said town faithfully and impartially discharge the duties required of them. Powers and duties of mayor. He shall have the general supervision and jurisdiction of the affairs of said town, and shall preside at all meetings of the council. He shall have the power to convene the council in extra session whenever, in his

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judgment, it becomes necessary, and shall do so whenever requested by two councilmen in writing. He shall have the general supervision and jurisdiction provided for by ordinance or resolution of council. He shall be ex-officio a member of the board of education, and of all other boards authorized by law in said town now in existence or hereafter created except the sinking fund commission. DUTIES OF MARSHAL AND POLICE. SEC. 14. Be it further enacted, That it shall be lawful for the marshal, or any police officer of said town, to arrest without warrant, any person or persons, within the corporate limits of said town, who, at the time of said arrest, or before that time, has or have been guilty of violating any ordinance of said town, or who he has reasonable belief or reliable information has or have been guilty, and to hold such person so arrested until a speedy hearing of the matter before a 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 town prison, or in the jail of DeKalb county, for a reasonable length of time. The marshal and the police officers of said town are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any persons with violating the criminal laws of this State. The marshal and police officers of said town are also authorized to arrest anywhere within this State, any person charged with violating any ordinance of said town, provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and police officers are not authorized to arrest the offender outside

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the corporate limits of said town, except in obedience to written warrant signed by the mayor, mayor pro tem., or acting mayor. The said marshal or any police officer may take bonds for the appearance of any person arrested by them for violations of town ordinances before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor, mayor pro tem., or acting mayor. The mayor and council of said town shall have power and authority to authorize and enforce the marshal or any police officer of said town to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said town, or any criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey such summons. Marshal and police officers. OFFICIAL FEES. SEC. 15. Be it further enacted, That the mayor and council shall have power and authority to establish and prescribe by ordinance a fee and costs bill for the officers of said town, which said fees and costs, when collected, shall be paid into the town treasury and accurate accounts kept thereof. All compensation of any paid officer or official of said town shall be, by salaries fixed by ordinance, and regularly drawn from the treasury by the customary warrants, and no officer of said town shall receive or be entitled to receive any other compensation than as so fixed, nor any part of the fees or costs as above provided. Fees of officers. POLICE COURT. SEC. 16. Be it further enacted, That the mayor, or in his absence or disqualification, the mayor pro tem., or

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in case of the absence or disqualification of both the mayor and the mayor pro tem., any councilman of said town, to be designated in writing by two other councilmen, may hold and preside over a court in said town, to be called the police court, for a trial of all offenders against the laws and ordinances of said town, to be held as often as necessary, or at such times as may be fixed by the mayor and council. Said police court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence, and to punish for contempt, or disobedience to any of its mandates. Said court shall have full authority and power to punish, after conviction, all violations of the charter or any ordinance of said town by fine, not to exceed one hundred dollars, by imprisonment in the town prison, or in the county jail, (having previously arranged such with the county authorities), not to exceed fifty days, and to work on the streets of said town in the town chaingang, or on such other public works as the mayor or mayor pro tem., or presiding councilman, may direct, not to exceed sixty days; any one or more of these punishments may be inflicted by the mayor, mayor pro tem. or presiding councilman, in his discretion, and the fines imposed may be collected by execution. The mayor or mayor pro tem. or presiding councilman, as the case may be, shall have full authority and power in said police court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case; or if, on the trial of any offender before said court, it develops from the evidence that he or she is probably guilty of a violation of any criminal law of this State, to commit the offender or offenders to jail,

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or bail them, if the offense is bailable, by a justice of the peace, to appear before the next Superior Court of DeKalb county. Police court. SEC. 17. Be it further enacted, That the mayor, mayor pro tem. or the presiding councilman, when any person or persons are arraigned before the police court for a violation of any of the town ordinances, rules or regulations, may, for sufficient cause, shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused may be required to give bond and security for his or her appearance at the appointed time for trial, or may be imprisoned to await trial. If such bond be given and the accused fails [Illegible Text] appear at the time fixed for trial, the bond may be forfeited by the mayor, mayor pro tem, or presiding councilman, and an execution issued thereon after serving the defendant, if any to be found, and his security, with a rule nisi, at least five days before the hearing of said rule nisi, requiring him or them to show cause why said bond should not be forfeited. Appearance bond. SEC. 18. Be it further enacted, That any person convicted in the police court of a violation of any ordinance, rule or regulation, or of failure to comply therewith, shall have the right of certiorari to the Superior Court of DeKalb county, in accordance with the laws of Georgia in such cases made and provided. Certiorari. CHAINGANG. SEC. 19. Be it further enacted, That the mayor and council of said town of Decatur shall have power and authority to organize one or more chain or work gangs, and to confine persons therein who have been sentenced

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by the police court to work on the streets or public works of said town, and shall have power to make such rules and regulations as may be necessary and suitable for the care, safekeeping and control of such gangs, and to enforce same through its proper officers. Chaingang. TAX ASSESSORS. SEC. 20. Be it further enacted, That the mayor and council shall at their first regular meeting in January, 1910, elect a board of tax assessors for said town, to be composed of three citizens, qualified voters and freeholders in said town, whose duty it shall be to annually assess the true cash market value of all real estate situate in said town, subject to taxation, and to make returns of the same to clerk of council at such times as may be fixed by ordinance by the mayor and council. At the first election under the provision of this charter, one of said assessors shall be elected for one year, one for two years and one for three years, and as these terms expire, their successors shall be elected for terms of three years. Vacancies in said board shall be filled by the mayor and council, as they occur. Each member of said board shall receive such compensation as may be fixed by the mayor and council, and to be paid as ordered by the mayor and council, after the work of assessment for each year has been completed. Each assessor, before entering upon his duties, shall take and subscribe the following oath: I do solemniy swear that I will faithfully and impartially, without fear or favor, discharge the duties of tax assessor of the town of Decatur, and assess all property in said town, subject to taxation, at its true cash market valuation, to the best of my skill and knowledge. So help me God. Tax assessors.

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TAX RETURNS. SEC. 21. Be it further enacted, That persons making their tax returns shall not be required to return the value of their real estate, but shall return a correct and full description of the same, which description shall be filed by the clerk of council, with said board of assessors. It shall be the duty of said assessors to carefully examine the returns of all personal property located in or owned by persons residing in said town, and in cases of failure to make a true and full return thereof at cash market valuations, to assess the true cash market value thereof; and should any person fail, refuse or neglect to return his or her personal property or any portion thereof, subject to taxation in said town, said board shall assess the same and make returns thereof as required. Any person dissatisfied with the assessment of any property under the provisions of this Act, shall have the right to appeal the same to the mayor and council, provided said appeal be filed within thirty days after the return of said assessment and the decision of the mayor and council, after hearing thereon, at a time fixed by them, shall be final. Tax returns. SEC. 22. Be it further enacted, That the mayor and council shall have authority and power to provide by ordinance when tax returns shall be made under the provisions of this charter, and to provide penalties for failure to make returns as required, and to provide when and how taxes due said town shall become due and in what length of time and in what periods shall be paid, to fix a penalty for the non-payment of taxes when due, and to issue executions against all persons who do not pay their taxes by the time fixed by ordinance. The

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mayor and council, in their discretion, may provide for the payment of any or all taxes in installments, and at different periods, provided, that all shall become one not later than October 15th of each year. Payment of taxes. TAXES. SEC. 23. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the town of Decatur, the mayor and council of said town shall have full power and authority to assess, levy and collect 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 town, or owned or held therein subject to taxation; said tax not to exceed seventy-five cents on the one hundred dollars, exclusive of the taxes for public schools authorized by law, and the taxes required and sufficient to pay the annual interest on the bonded indebtedness of said town, and to provide a sinking fund for the purpose of paying the principal of said bonded indebtedness as required by law. The advalorem tax above authorized for general purposes, and the public school tax and the bonded interest and sinking fund tax shall be levied under separate ordinances, each specifying the purpose for which levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. The said mayor and council shall have power and authority to provide by ordinance for the returns and assessments of all taxable property in said town, and to provide penalties for neglect or refusal to comply with the same, as elsewhere provided in this Act. Ad valorem tax.

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LICENSES AND OCCUPATION TAXES. SEC. 24. Be it further enacted, That the mayor and council shall have full power and authority to require any and every person, firm, company or corporation, whether resident or non-resident of said town, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said town, by themselves or by their agents, to register their names, business, calling, vocation or professions annually, and to require said person, firm, company or corporation to pay for said registration and for a license to prosecute, carry on or engage in such business, calling or profession, such an amount as the mayor and council shall prescribe by ordinance; provided, that there shall be a separate license for each business, calling or vocation, and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling or license thereunder, or at any other place of business than at the place for which granted. The mayor and council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to register and secure and pay for said licenses, who fail to register, take out and pay for the license, or who engage in or attempt to engage in, such business, profession or occupation before compliance with the provisions of such ordinances. It shall not be within the power or authority of said town of Decatur, its mayor and council, or any official therein, to give or grant any license to conduct or carry on any business, avocation or calling in said town, in violation of the laws of the State in reference to the observance of the Sabbath day, nor shall said town, the mayor and council

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nor any official thereof, ever have power or authority to give, grant or permit any license or any authority to keep for sale, to manufacture, give away, barter, sell or exchange within the limits of said town, any spiritous, alcoholic, malt, vinous, or intoxicating liquors, drinks, bitters, mixture, beverages or concoctions, or any imitations or substitutes thereof or therefor, each of said acts and articles being hereby declared a public nuisance and not for the peace, welfare and good order of said town. Specific taxes. SEC. 25. Be it further enacted, That the mayor and council shall have power and authority to prohibit or regulate and license billiard tables, pool tables, ten-pin alleys, and any and all tables or alleys of any kind, kept within said town and used for purposes of hire, renting, or of gain, or used or kept in any public place or store to attract trade or patronage, or for the use of which any charge is made, and to charge for such license, if granted, such sum as the mayor and council may fix by ordinance, for the calendar year or any part thereof, and payable in full in advance. Gaming places. SEC. 26. Be it further enacted, That the mayor and council shall have full power and authority to license, regulate and control by ordinance, all markets in said town, opera houses, and other places of public amusement, all hacks, drays or wagons used for hauling of any kind, and all vehicles used for hire for any purpose, auctioneers, itinerant lightning rod dealers, sewing machine agents, peddlers, emigrant agents, all fire or life insurance companies doing business in said town, trades of all kinds, itinerant dealers in jewelry, merchandise, medicines, and all other articles, except such as are exempted by State laws. Also, any person, firm,

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company or corporation running or operating a flying-jenny, flying horses, and all circuses, side shows and performances of any kind in said town, and all persons selling goods, wares or merchandise by sample, or soliciting orders for the same, and all other businesses, callings, or vocations, which are not exempt from license under the constitution or laws of Georgia. Licenses. SEC. 27. Be it further enacted, That it shall not be lawful for any person, firm, company or corporation to manufacture, keep for sale, or to give away, barter, sell, exchange, or use the same directly or indirectly to attract trade or patronage, within the limits of said town, any spirituous, alcoholic, malt, vinous or intoxicating liquors, drinks, bitters, mixtures, beverages or concoctions, or any imitations of or substitutes thereof or therefor, each of said acts and articles being hereby declared to be a public nuisance, and it is hereby made the duty of mayor and council of said town to enact such ordinances as will effectually prohibit the same, and shall enforce the same by suitable penalties and punishments as prescribed by ordinance. The marshal and policemen of said town shall have full power and authority to enter, and if necessary, to break open, and enter any place in said town when the mayor and council may order the same upon reasonable cause to believe or to suspect that the above prohibited articles are therein being manufactured, or stored for sale, or other use contrary to the provisions of this Section, and to seize the same and the apparatus for selling the same; and said mayor and council shall have full power and authority to abate as a nuisance any place in said town where said mayor and council have reasonable grounds to believe or suspect such articles are kept, stored or

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manufactured, and to arrest the offender or offenders. Upon conviction of any person for maintaining a nuisance, as above stated, and as partial punishment for same, said mayor and council, or said mayor pro tem, shall have full power and authority to direct and cause the marshal and police officers to seize and destroy the stock of above articles found and the apparatus for selling same, and to otherwise punish such offender as may be prescribed by ordinance. Intoxicants and substitutes prohibited. SANITARY TAX. SEC. 28. Be it further enacted, That the mayor and council shall have full power and authority to make an assessment on the various lots or tracts of land, and lot owners in said town for sanitary purposes, not to exceed five dollars per annum on each lot so assessed, and said mayor and council are fully empowered to collect the same by execution against the lots so assessed and the owners thereof, in the same manner as is provided in this charter for the collection of other town assessments or taxes. The sanitation tax so collected shall be used solely for sanitary purposes. The mayor and council shall have power and authority to prescribe by ordinance what shall constitute a lot for sanitary purposes and assessments, provided that no residence lot shall be fixed at less than twenty-five feet and no business lot at less than twenty feet front, and provided further, that no sanitary assessment shall be made against vacant property, nor shall any residence lot with dwelling thereon be sub-divided. Sanitary tax. COMMUTATION STREET TAX. SEC. 29. Be it further enacted, That the mayor and council of said town shall have power and authority to

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require and compel and make persons between the ages of sixteen and fifty, subject to road duty under the laws of Georgia, resident in said town, to work on the streets of said town not to exceed ten days in each year, at such time or times as the mayor and council may order, or to pay a commutation tax in lieu thereof, not to exceed three dollars, in any one year, as said mayor and council may determine. 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 council may require, he shall be deemed guilty of [Illegible Text] violation of this Section, and on conviction in the police court of said town, shall be fined in a sum not exceeding ten dollars or imprisoned in the town prison or jail of DeKalb county, or by labor on the chaingang of said town not exceeding twenty days. The mayor and council may pass such ordinances as they may deem proper and necessary for enforcing the provisions of this Section. Street work and commutation tax. DOG TAX. SEC. 30. Be it further enacted, That the mayor and council shall have power and authority to impose a tax on dogs owned or kept within said town, not to exceed two dollars per annum each, and shall have power and authority to pass such ordinances as they deem necessary to collect such tax or otherwise enforce the provisions of this Section, and may authorize and direct the marshal and police officers of said town to impound or kill any dog or dogs, at large, within the limits of said town, whose owner has failed or refused to pay said tax, and obtain evidence thereof as prescribed by ordinance, or who fails or refuses to otherwise comply with any such ordinance or regulation. Dog tax.

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BONDED INDEBTEDNESS. SEC. 31. Be it further enacted, That the issue of bonds of Decatur in the sum of forty-four thousand dollars for the purpose of constructing a system of waterworks and sewerage for said town, under the authority of the Acts of the General Assembly, approved July 30th, 1903, and August 17th, 1906, and the issue of bonds for said town in the sum of fifteen thousand dollars for the purpose of enlarging and extending the system of waterworks of said town, under authority of the Act of the General Assembly, approved August 6th, 1908, and the issue of bonds of said town in the sum of fifteen thousand dollars for the purpose of buying real estate for school purposes and for erecting thereon a school building or buildings, under the authority of the Act of the General Assembly, approved August 6th, 1908, and the issue of bonds of said town in the sum of fifteen thousand dollars for the purpose of buying real estate for school purposes and for erecting thereon a school building or buildings, under the authority of the Act of the General Assembly, approved August 6th, 1908, all of said bond issues having been authorized by a two-thirds vote of the registered qualified voters of said town and subsequently validated by the Superior Court according to the laws of this State, are hereby declared to be and are confirmed as the bonds of the town of Decatur, as reincorporated by this Act, and the debt of said town, and the mayor and council of said town are hereby authorized and empowered to assess, levy and collect, annually, a tax on all the taxable property of said town, as other taxes are assessed, levied and collected, to pay the annual interest thereon, and to provide a fund to pay off and discharge said bonds

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as they fall due, in accordance with the original Acts, and upon the terms upon which they were issued. The Decatur Sinking Fund Commission, heretofore elected by the mayor and council, under the provisions of the Act of July 30th, 1903, and now in the discharge of its duties thereunder, is hereby continued under the terms and provisions of said Act, and with all the rights, powers and duties therein and thereunder imposed. It is hereby made the duty of the clerk and treasurer of said town to open an account on his books with said commission in which he shall keep an accurate account of all monies and funds turned over to said commission, and the purposes for which they were raised, on what bond issue, etc. The annual reports required of said commission shall show all funds received by them, how invested, applied or disposed of, and such other information as the mayor and council shall call for. The members of said sinking fund commission shall be amenable to the mayor and council of said town, and shall be subject to removal from office for neglect of duty or for malfeasance in office, on trial and conviction by the mayor and council. The Act of July 30th, 1903, establishing said sinking fund commission and providing for the election of the members thereof, not having fixed any terms of office therefor, the terms of office of the members of said commission are hereby fixed at six years, and until their successors are elected and qualified. The term of one of the members of said commission now in office, to be determined by ballot cast by the mayor and council, shall expire on the 31st day of December, 1909; the term of one of the two present members, to be likewise determined, shall expire on December 31st, 1911, and the term of the third on December

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31st, 1913. The several successors to these members shall be elected respectively at the first regular meeting of the new council in January, 1910, 1912 and 1914, next, hereafter and for the terms as aforesaid. Municipal bonds. TEMPORARY LOANS. SEC. 32. Be it further enacted, That the mayor and council of said town shall have power and authority, when necessary, to supply casual deficiencies in the revenues of said town, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of the town of Decatur, as may be provided by special resolution or ordinance for that purpose, to be passed at a regular stated meeting of the mayor and council. Provided, that the total sum so borrowed in any year shall not exceed one-fifth of one percentum of the assessed value of the taxable property within said town for that year, and provided, further, that said loans shall always become due and payable and be actually paid in full before December 31st of the year in which borrowed. Loans for casual deficiencies. STREETS AND SIDEWALKS. SEC. 33. Be it further enacted, That the mayor and council of said town shall have full, complete and exclusive control of the streets, alleys, sidewalks, parks and squares in said town, and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys or sidewalks, and for widening, straightening and grading, or in any way changing the street lines and sidewalks of said town, and when said mayor and council desire to exercise the power and authority as to condemnation herein granted, it may be done, whether the land to be condemned is in the hands

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of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in Sections 4657 to 4685 inclusive, of Volume 2, of the Code of Georgia of 1895, and the Acts amendatory thereof. The mayor and council may abandon or discontinue such proceedings at any time upon payment of accrued costs. The mayor and council shall have full power and authority to remove or cause to be removed, any buildings, steps, fence, tree, gate, post, or other obstruction or nuisance in the streets, alleys, lanes, sidewalks or other public places in said town, and to enforce the provision of this Section by appropriate ordinance. Streets, etc and power of condemnation. SEC. 34. Be it further enacted, That the mayor and council shall have full power and authority, in their discretion and as hereinafter prescribed, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said town, now or that may hereafter be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares or public alleys. In order to make effective the power and authority above given and to provide funds therefor, said mayor and council shall have full power and authority to assess the actual cost of paving sidewalks and placing curbing by the same, against the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved, if on one side only. Said mayor and council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing or otherwise improving any 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

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on the other side of the street so improved; the real estate abutting on both sides of the street shall not together be assessed more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street railroad company or other railroad company having a track or tracks running along or across the streets of said town shall be required to pay the cost in full of paving, macadamizing or otherwise improving such street between their said tracks and for two feet on each side thereof, or in the case of such tracks now laid under previous grants or franchises in the nature of contracts between said town and the company owning or operating, such maximum proportion as is stipulated in such grants or franchises until the same expire by original limitation in such grants, and thereafter as above prescribed, and in such cases and on such streets one-third of the remaining cost of the street improvement shall be assessed to the abutting property on each side. Provided, that no curbing shall be laid and no sidewalk or street be paved or macadamized, nor no assessment made, under the authority, power and provisions of this Section unless the persons owning real estate, which have at least two-thirds of the frontage on the sidewalk, or on the street, or on the portion of the sidewalk or of the street the improvement of which is desired, shall in writing request the mayor and council to make such improvement, when said mayor and council may, in their discretion, provide by ordinance for such improvement, and provided, further, that no request shall be considered and no work shall be done for less than an entire block. The amount of the assessment on each piece of real estate abutting on the sidewalk

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or street improved shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment, and the mayor and council shall have full power and authority to enforce the collection of any amount so assessed for such improvements or work done, either upon the sidewalks or streets, by execution to be issued by the clerk of the council against the real estate so assessed, and against the owner thereof at the date of the ordinance making the assessment, which execution may be levied by the marshal of the town on such real estate, and after advertising and other proceedings as in case of sale of realty for town taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest 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 is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be apid before the affidavit shall be received; which affidavit, when received, shall be returned to the Superior Court of DeKalb county, and there tried and the issue determined, as in cases of illegality, subject to all the penalties provided by law in cases for illegality for delay. The lien for assessment on abutting property, and on street railroad or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading or drainage, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from the passage of the ordinance authorizing the execution of the work in each case. Street improvements.

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OBSTRUCTIONS IN SIDEWALKS AND STREETS AND TRAVEL THEREON. SEC. 35. Be it further enacted, That the mayor and council of said town shall have power and authority to provide for and regulate the curbs and gutters that empty into the sidewalks or streets of said town; to regulate or prohibit (except as such power may be restricted by any general existing laws) the use of the streets, alleys, sidewalks and public grounds for signs, sign posts, awnings, telegraph or telephone poles, wires for telegraph, telephone or electric lighting or power purposes, electric light or power poles, horse troughs or watering places, hitching posts or racks, and for posting bills and advertising matter; to regulate or prohibit the carrying of hand bills, banners or placards on the streets, sidewalks or public places of said town, and the gathering or holding of public meetings for any purpose therein or thereon. Also, to compel any telegraph or telephone or electric light or power company having previously erected poles and wires in said town, to remove same to any location designated by the mayor and council, and in case such company shall fail to remove the same within ten days after written notification by the marshal, said town shall have the right and authority to remove the same at the expense of such company, and collect the same by execution. The said mayor and council shall have the authority and power to regulate, by ordinance, the speed at which automobiles, bicycles, and other vehicles of any description shall be driven over or through the streets, alleys or public places in said town, and to prohibit the use of the public sidewalks of said town by other than pedestrians, and to punish violations of such rules, regulations

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or ordinances as they may pass on this subject. Said mayor and council shall also have power and authority to regulate the speed at which locomotives or trains, or street cars shall be run within the corporate limits of said town, also the blowing of whistles and signals by locomotives, stationary engines and factories within the corporate limits, and also to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing or street or sidewalk within said town. Drainage and control of streets. STREET CROSSINGS AND REPAIRS. SEC. 36. Be it further enacted, That the mayor and council shall have power and authority to require the railroads or street railroads running through said town, or a portion thereof, to make and repair such public crossings for pedestrians or vehicles over or across their several roads whenever or in such manner said mayor and council shall deem necessary; to place or repair such crossings, or to open or keep open any street in said town crossing them; and the mayor and council may pass any ordinance needful for carrying out the provisions of this Section. And in case any railroad or street railroad shall fail or refuse to make such crossings within fifteen days, or to repair the same within twenty-four hours after having been notified to do so by said town, the mayor and council shall have the power to create and make the same across the railroad or street railroad, or to repair the same at the expense of said railroad or street railroad, and may issue execution therefor, and levy and collect the same as in the case of tax executions. Street crossings.

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PUBLIC FRANCHISES, EASEMENTS, ETC. SEC. 37. Be it further enacted, That the mayor and council of said town shall have power and authority to grant franchises, easements and rights of way over, in, under, on or along the public streets, lanes, alleys, sidewalks, parks and other property of said town, on such terms and conditions as they may fix by ordinance. Provided, that no such franchise or easement or right of way shall be granted for a term of more than twenty years, nor without fair and adequate compensation to said town, to be provided for in said franchise ordinance; and provided, further, that no such franchise shall be granted until the application for the same with a description of the nature of the franchise, the streets on which desired, the terms upon which asked and the time at which it will be acted upon shall have been advertised, at the expense of the applicant, once a week for four weeks, in a newspaper published in said town. Franchises, etc. SEWERS AND SEWERAGE. SEC. 38. Be it further enacted, That the mayor and council shall have full power and authority to lay down and construct and repair, sewers and a sewerage system, in said town, including the disposition of sewage matter, and to assess a sum of not less than forty nor more than fifty cents per lineal foot for constructing such sewers, upon the property and estates respectively abutting on said sewer on each side of the street along which said sewer is laid or constructed, and in consideration of the payment of said assessment, the owners of said property or estates shall have the right to have their drains from their abutting property connected with said sewer at their cost and under such rules and

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regulations as the mayor and council may prescribe by ordinance. In case any sewer is laid down or constructed through or over any private property, along the course of any natural drain or otherwise, a like assessment as above named shall be assessed upon such abutting property on each side of said sewer, for every lineal foot, making in all not less than eighty cents nor more than one dollar for every lineal foot to be assessed upon such property through which sewers are constructed as aforesaid; provided, that when one and the same party owns the land on both sides of the sewer constructed through his property, he shall be assessed only for one side thereof, and in consideration of the payment of said assessment, he or she or they shall have the right of connecting their drains from such abutting property with such sewers, as above provided in cases of street sewers. The extent and character, material used and expense of sewers constructed, as well as the time and manner of constructing the same, shall be in the discretion of the mayor and council, to be prescribed from time to time by ordinance. The remaining cost of all sewers constructed after the collection of the assessments, levied, shall be paid by the mayor and council from the treasury of the town. The assessments provided for above shall have a like lien on property against which assessed, and the same shall be enforced in like manner and under the same procedure, as liens for street and sidewalk improvements provided for in this Act above. In case any sewer or parts of same shall be located upon or through private property, or such location should be for the public interest, and the owners of said property refuse to grant a right of way for that purpose, and such owner or

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owners and the authorities of said town cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in case of property taken under condemnation proceedings under the laws of this State, for opening, straightening or widening streets under this charter. Upon payment or tender of the amount of the award the work may proceed, notwithstanding the entering of any appeal. The said mayor and council, when in their judgment necessary for the preservation of the health of the inhabitants of said town, shall have full power and authority to extend the system of sewerage and drainage beyond the limits of said town, and the provisions of this Act as to the construction, maintenance, preservation and protection of such sewerage system and the taking of property therefor, shall apply to the territory without said town limits as may be necessary for the purposes aforesaid. The power and authority heretofore conferred upon the mayor and council as to the construction and maintenance of a system of sewerage in said town, in the Acts of the General Assembly approved July 30th, 1903, and August 17th, 1906, are hereby confirmed, continued and reinvested under this charter, except as herein changed, upon the mayor and council. Sewerage. SEC. 39. Be it further enacted that the mayor and council shall have full power and authority, for the preservation and protection of all sewers in said town, to direct and control the time and manner and places where connections shall be made with said sewers and by whom the work is to be done, and on what terms and conditions, and to what extent surface water or drainage shall be permitted to flow into sewers and at what points, and generally all matters relating to the use,

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control and repair of sewers and sewer connections, and replacing pavement and other adjacent structures in good and sanitary condition, shall be at all times exclusively under the direction and regulation of said mayor and council in their fair and legal discretion. In case of real estate situate on street corners and having frontage on both streets, such property shall be assessed only for the abutting frontage on the street on which the sewer is first laid, and when or if a sewer is laid in the other street, two hundred feet of said frontage thereon shall be exempt from assessment thereon. Sewer connections. SEC. 40. Be it further enacted, That the mayor and council may provide by ordinance for the execution of the foregoing provisions as to sewers, sewerage, drainage and sanitation, except as to the taking of private property for construction of sewers, by and through such boards, committees or officers as they may deem best. Powers, how exercised. SANITARY STRUCTURES, PIPES, SEWER CONNECTIONS, ETC. SEC. 41. Be it further enacted, That the mayor and council shall have full and absolute power and authority to control by ordinance all city pipes, sewers, drains, private drains, water closets, privies, and the like, in said town, and to prescribe their location, structure and use, and to make such rules and regulations, and to pass such ordinances concerning them or their use, in all particulars, as may be deemed best for the preservation of the health and comfort of the inhabitants of said town. The said mayor and council shall have full power and authority to prescribe by ordinance the kind of water closets and urinals or privies which shall be used within the corporate limits, and shall have the power

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and authority to condemn and compel the disuse of the same when they do not conform to the kind prescribed for use by the mayor and council, or whenever they shall become and be declared by the mayor and council a nuisance. Said mayor and council shall also have power and authority to order and compel the owner or owners of property within said town to connect water closets or urinals on their property with the sewers and sanitary system of said town, when such property is located on or within reasonable distance of a street where there is such a sewer, and under such rules and regulations as may be prescribed by the mayor and council. Should any property owner fail or refuse to make such connections within the time prescribed, the mayor and council, through its proper officers or agents, shall have power and authority, in the interest of the public health, to enter upon such premises and make such connections, and assess the cost of the same, with the fixtures used therefor, against the property so connected, and enforce collection of the same by execution as in the case of sewer assessments. Sanitary regulations. SEC. 42. Be it further enacted, That the mayor and council shall have full power and authority to compel owners of any property in said town, and cellars, if the same should prove a nuisance, or the town physician should recommend that said property or cellar be cleaned, drained or filled, to clean, drain or fill the same, to the level of the streets or alleys upon or near which said property or cellars are located. If the owners or occupants or users of the property or cellars shall fail or refuse, after reasonable notice, either to them or their agents or tenants in possession, as said mayor and council may elect, to comply with the requirements of

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the mayor and council, by cleaning, draining or filling said property or cellars, it shall be lawful for said mayor and council to have said work performed, and collect the expense of the same by execution, as is prescribed in this Act for sewer assessments. The mayor and council, or the marshal of said town, or any police officer thereof, by authority of the mayor and council, shall have power to direct the removal and burial or burning of the carcass of any dead animal, or fowl, or decaying or offensive vegetable or animal matter or flesh within a reasonable time, and on default or failure of the person upon whose premises such nuisance exists, the said marshal or police officer may cause the same to be so removed and disposed of, and assess the actual costs thereof against the person from whose premises so removed, and such actual expenses shall be a lien against said person and property, to be collected as are other assessments against property provided for in this charter. Sanitary regulations. SEC. 43. Be it further enacted, That the mayor and council of said town shall have full power and authority to declare what shall be deemed a nuisance in said town, and to provide for the abatement of the same. The police court of said town shall have concurrent jurisdiction with the mayor and council with respect to the trial and abatement of all nuisances in said town. Nuisances. WATERWORKS SYSTEM. SEC. 44. Be it further enacted by the authority aforesaid, That the power and authority heretofore conferred by the General Assembly upon the mayor and council, under the Acts of the legislature approved July 30th, 1903, August 17th, 1906, and August 6th, 1908, to construct

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and maintain a system of waterworks for said town, to acquire property therefor, issue bonds for the same, and for other purposes, and under the provisions of which the present system has been and is being constructed and extended, be and the same are hereby confirmed and continued, except as herein changed, on the mayor and council, under this revised charter, so that the mayor and council shall have now and hereafter full authority and power to continue to construct, extend, enlarge, operate and maintain said system of water works and to acquire by gift, purchase or condemnation proceeding all lands, easements, purchases and water rights necessary for such purposes, and where the same can not be procured by gift or purchase, said mayor and council shall have the right to exercise the power of eminent domain and to proceed by condemnation to secure the same, as provided in Chapter 9 of Volume 2 of the Code of 1895 of this State and amendments thereto. These powers to acquire by purchase or condemnation are also granted as to water shed or water basins necessary for the protection, enlargement, perpetuation or purity of the water supply of said town. Said mayor and council shall have the authority, right, easement and franchise of laying necessary mains, pipes, conduits and drains for waterworks and sewers along and under any of the public highways or roads of said county of DeKalb, without cost, and over and across and under the lands of persons and corporations upon the payment of just compensation agreed upon or assessed under and according to the provisions of said Chapter 9 of Volume 2 of the Code of Georgia, 1895, and the Acts amendatory thereof. Said mayor and council shall have full power and authority to

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enact and enforce such rules, regulations, ordinances and by-laws as they may deem necessary to protect the water shed and water basins which the public water supply is taken from contamination or exhaustion, and to protect said water works and every part thereof, including its machinery, mains, pipes, conduits, tanks, and drains, whether the same and every part thereof be located within or without the corporate limits of said town. It is the intent and purpose of this Act to confer upon said mayor and council full power and authority to make and enforce all necessary police regulations and rules over the territory embraced within the water basins and the water sheds from which the water supply of said town is now and hereafter obtained and over the water works now and hereafter erected in all their parts, whether the same be situated within the corporate limits of said town or elsewhere. The said mayor and council is hereby given power and authority to acquire such other property as it may deem necessary, in addition to that the said town has already acquired, to enlarge, increase or safeguard the water supply of said town whether said property be within or without the corporate limits. The marshal and police officers of said town shall have full authority to arrest any person or persons violating any ordinance of said town in reference to its water supply, water shed, water basin or waterworks, wherever found, within or without the limits of said town and carry such person or persons before the police court of said town for trial. Waterworks. PUBLIC SCHOOLS. SEC. 45. Be it further enacted, That the public school system now in operation in the town of Decatur, established under an Act of the General Assembly approved

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September 12th, 1889, to authorize the establishment of a system of public schools in the town of Decatur, etc., be and the same is hereby continued under this Act. And the board of education established under said Act of 1889 is continued hereunder, the successors to the present members of said board to be elected as their terms expire, for terms of six years each. All vacancies in said board from death, resignation, removal from the town or otherwise, shall be filled by the mayor and council at their first regular meeting after said vacancy occurs. No person shall be eligible for election to membership on said board, unless he shall have resided in said town not less than one year immediately preceding his election, and shall be a qualified voter in municipal elections in said town, and shall not have been convicted and sentenced for any violation of the criminal laws of Georgia, involving moral turpitude. The members of said board shall not receive compensasation. They shall shall elect such officers from their number as they deem necessary for the proper despatch of business before the board and make such rules and regulations for their own government as they deem wise, provided no officer elected by the board shall receive any salary as the board may fix not to exceed one hundred dollars per annum. The said board of education shall have entire supervision, direction and control of the public school system of said town as now established, and may make such changes therein from time to time, as it deems proper and may recommend to the mayor and council new and additional schools, whenever in their judgment demanded by the educational needs of the town, and when their recommendations are adopted or amended and adopted by

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the mayor and council and funds appropriated to carry out the same, may proceed therewith as approved and provided for; provided, that said board shall not have power or authority to contract any debt for or on account of the town nor enter into contract for the expenditure of any funds until their estimates have been approved by the mayor and council and the funds therefor appropriated or set apart by the mayor and council, and provided, further, that titles to all property secured for school purposes shall be vested in the town of Decatur. Said board shall have the exclusive right, power and authority to prescribe the curriculum of said school system, appoint and employ a superintendent of, and all teachers in said school system; to fix their compensation; to suspend or remove the superintendent or any teacher for cause satisfactory to it, to make such rules, regulations and orders for the government, discipline and conduct of said school system and of the superintendent, teachers, employees and pupils as it may deem proper and not in conflict with the laws of Georgia, and generally to have power and authority to do and perform all acts necessary to and promotive of the best educational interests of said town, not in conflict with the provisions of this Act or the laws of this State. No member of said board shall be eligible to the office of superintendent or teacher in said schools. The secretary and treasurer of the board shall give bond in such sum as the board may fix. The board shall cause to be kept regular minutes of all its proceedings, which shall be open to inspection. It shall annually, at the first regular meeting of council, in each year, submit to the mayor and council full and complete estimates of the total funds needed to operate the schools for the calendar

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year, with such estimate as it can make of the probable amount of the town's pro rata of the State common school fund, and of any other funds that it may expect to receive, and the mayor and council after considering the same and with such knowledge as it may have of the needs of the other departments of the town government, and of the town revenues, shall, not later than their next regular meeting, notify said board of education of the gross amount of funds, including the town's pro rata of the State common school fund, set apart for the calendar year for said system of public schools, which said sum shall be sufficient to support and maintain said school system and efficiently operate the schools for at least nine scholastic months in each calendar year. Said board of education shall submit to the mayor and council not later than the first day of August in each year an annual report for the scholastic year ending June 30th, showing the condition of the public schools, the attendance thereon, resident and non-resident pupils separately, the superintendent and teachers and other employees therein, and the monthly salaries paid each, the receipts and expenditures for the scholastic year, with such other information as the mayor and council may call for or said board may deem proper, together with such recommendations as it may desire to make, which said report or so much thereof as the mayor and council shall order, shall be published in said town. Public schools. The board of education shall provide separate schools for white and colored children, which said schools shall be kept open and free for not less than nine scholastic months in each year. Separate schools for white and colored children. All children in said town between the ages of six and eighteen years of age whose parents or guardians are

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bona fide residents of said town shall be entitled to the benefits of said schools under such rules and regulations as said board of education may prescribe. School children. When there are vacant seats in said schools, not needed for children of said town as above mentioned, said board of education may provide for the admission of children whose parents or guardians are not residents of said town upon the payment in advance of such reasonable rates of tuition as said board may prescribe; provided, that said rate of tuition shall not be less than the estimated cost of teaching such children. Non-residents. SEC. 46. Be it further enacted, That the revenues received by the town of Decatur, as its pro rata share of the State's common school fund, shall be appropriated and exclusively used in the support and maintenance of said public school system. Pro rata share of State school fund. The mayor and council shall levy and collect such an ad valorem tax upon all the property in said town subject to taxation as will be sufficient, when added to the sum received from the State common school fund, and any other educational funds as may come into the hands of the board of education, to support and maintain said public schools for at least nine scholastic months in each year; provided, that said special school tax shall not exceed one-half of one per centum per annum upon said taxable property. School tax. The mayor and council may provide for the payment of said special school tax in installments, as in the case of the collection of the general tax levied in said town, but said school tax shall be paid over to the board of education as collected, at the close of each month during which received.

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No part of said school funds shall be used for any other purposes than in the support and maintenance of said schools and school system or in providing furniture and other necessary equipment therefor or in the repairs and upkeep of the buildings and grounds of said school. No new buildings shall be contracted for or erected by the board of education, except after express approval of the mayor and council, and provision made by said mayor and council for funds necessary therefor. Disbursement of school fund. FIRE PROTECTION. SEC. 47. Be it further enacted, That the mayor and council of said town, may in its discretion, enact any and all ordinances, rules and regulations necessary to lay out a fire district in said town, and to enlarge, change or modify the same from time to time, to prescribe how and of what materials buildings within said district may be erected, how thick the walls shall be, the manner in which chimneys, flues and stove pipes shall be constructed, and to make such reasonable rules, regulations and requirements, as they may deem necessary to so far as possible protect said town from danger from fire or to prevent or stop conflagration. They shall also have power and authority to order any changes in the construction or arrangements of chimneys, stove pipe or flues, or the removal thereof, when in their judgment the same are dangerous or likely to be so, and to compel the owner or occupant to make the changes or alterations ordered, by proper ordinance, and collect any expenses incurred by the town, under any ordinance passed carrying out the powers granted under this Section by execution as in case of collecting other costs due said town. Fire limits.

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The mayor and council may exercise general supervision over all buildings of every character in said town and may condemn dangerous walls or construction in any of the same, and shall have the power and authority to exercise said supervision by passing and enforcing suitable and reasonable ordinances. Dangerous buildings. SEC. 48. Be it further enacted, That it shall be the duty of the mayor and council of said town, to provide such fire protection therefor, as in their discretion the town can afford or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as they may deem advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the objects of this Section and afford protection from fire or conflagration, to property in said town. Fire department. STORAGE OF COMBUSTIBLES, ETC. SEC. 49. Be it further enacted, That the mayor and council of said town shall have authority and power to provide for the inspection of steam boilers in said town, to regulate or prevent the storage of gun powder, tar, pitch, rosin, coal, benzine, naphtha, nitro-glycerine, turpentine, cotton, petroleum, kerosene oil, dynamite or other combustible or explosive substances, materials or liquids, within the town limits; and to regulate the use of lights in stores or shops, or the building of bonfires; to regulate or prohibit the use of fire works, fire crackers, torpedoes, sky rockets, roman candles, the firing of guns, pistols and anvils, and to prohibit every kind of gaming and hunting within the corporate limits of said town. Combustibles and explosives.

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TOWN PHYSICIAN. SEC. 50. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority, in its discretion to elect a town physician who shall be the health officer of said town, with such duties and compensation, as may be fixed by the mayor and council by ordinance, prior to his election. His term of office shall be for one year. Health officer. CONTAGIOUS AND INFECTIOUS DISEASES. SEC. 51. Be it further enacted, That the mayor and council shall have power and authority to make and enforce all ordinances necessary or wisely precautionary for the prevention of any contagious or infectious disease or the spreading or communicating thereof; to declare, maintain and enforce quarantine rules or regulations in regard thereto, and to punish any violations of any of the said rules or regulations. They shall have power to build or establish or maintain and exercise police powers over a pest house outside of said town limits, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond said town limits. Contagious and infectious diseases. They shall have power to compel the removal to the pest house any person or persons who have small pox or other contagious or infectious diseases, when in their wise and humane judgment it is best for the general welfare and health of said town. They shall have power to compel all persons in said town, whether residents or sojourner to be vaccinated and may provide vaccine virus and employ physicians, at the expense of the town, to vaccinate all persons who are unable to procure vaccination,

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and may by ordinance provide punishment for persons failing or refusing to be vaccinated. CEMETERY. SEC. 52. Be it further enacted, That the government control, management and protection of the Decatur cemetery, as it is now located or any enlargement or extension of the limits thereof, by purchase, gift or otherwise, and the disposition of all lots therein, is hereby continued and vested exclusively in the mayor and council of said town of Decatur, and said mayor and council shall have full power and authority to pass all necessary ordinances, rules and regulations, relating to burials therein, to disposition of lots and the protection and preservation of said cemetery and of burials therein, and to punish violations thereof, and this power and authority shall be extended over any additions to said cementery, whether within or without the corporate limits of said town. Cemetery. PUBLIC PARKS. SEC. 53. Be it further enacted, That the mayor and council shall have power and authority, in their discretion, to acquire by gift, purchase or otherwise, on behalf of the town of Decatur, land or ground suitable for a park or parks for the use of the public and as may be, in their judgment, to the health, interest and welfare of the citizens of said town. They shall have power and authority to improve, beautify and keep up the same, and to that end may make appropriations therefor, and to provide such officers or employees as may be necessary to care for, protect and keep the same in order. They shall have power and authority to provide such rules, regulations and ordinances for the government

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of the same and of the public who frequent them, as they may deem wise or necessary. Parks. SHADE TREES. SEC. 54. Be it further enacted, That the mayor and council shall have full power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places, cemeteries and parks, in said town and to prevent the cutting, impairing or mutilation thereof by telephone, telegraph, electric light or power or electric street car lineman, or employees, or by other persons, unless the same is done under and with the express and formal consent of the mayor and council or some officer appointed by them to direct the same, and then only when absolutely necessary for the public service of safety. Protection of trees. DISTURBANCE OF CHURCHES, COLLEGES, SCHOOLS, AND IDLING ON STREETS. SEC. 55. Be it further enacted, That the mayor and council shall have power and authority to protect by suitable ordinance and enforcement, all places of divine worship, and all schools and colleges without said town and to prohibit loitering or idling in or about the same or the grounds thereof, or any other conduct in or about the same tending to annoy or disturb the services or duties being carried on or performed therein or the occupants of said institutions or the ground attached thereto. Said mayor and council shall also have power and authority by suitable ordinance to prevent and punish any boisterous, unseemly, indecent or disorderly conduct or behavior or any unseemly or improper gathering on the

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streets, side walks, alleys or public places or buildings or vacant property within said town or in or about or near any residence therein. Disturbances. PUBLIC MORALS, ETC. SEC. 56. Be it further enacted, That the mayor and council of Decatur shall have full power and authority to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places, within the corporate limits of said town, and to this end, may enact such ordinances and provide such penalties for violations thereof, as they deem advisable or necessary to carry out the provisions of this Section. Suppression of vice. Said mayor and council shall have power and authority, upon proof of any house of ill fame, bawdy house, lewd house or gambling place or house, to vacate and 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 said premises, shall upon conviction in the police court of said town, be punished as for a violation of the ordinances of said town relating to nuisances. RUNNING AT LARGE OF DOMESTIC ANIMALS. SEC. 57. Be it further enacted, That the mayor and council of said town, shall have full power and authority to prohibit by ordinance the running at large in said town of horses, mules, cattle, hogs, sheep, goats, dogs, and all other animals or fowls, and to prohibit the keeping of hogs within said town limits, or if allowed to keep therein, in the mayor and council's discretion to

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regulate the manner and places in which they may be kept. Also to impound all such animals when found upon the streets or public places or upon the property of other persons than the owners without permission or consent of the owner of such property, and to charge such fees for same as said mayor and council may prescribe, and in addition thereto charge for the keep of any animal so impounded. Should the owner of any animal fail or refuse to pay the impounding fee and costs of keeping said animal, the same may be sold at public outcry before the town hall and the proceeds applied to the payment of said fees and costs, under such rules and regulations as the mayor and council shall prescribe by ordinance. Live stock. CRIMINAL WARRANTS, ARRESTS, ETC. SEC. 58. Be it further enacted, That should any person violating any of the ordinances of said town flee from jurisdiction thereof, he or she may be apprehended and arrested, whenever found in the State, and the warrants of the mayor, mayor pro tem, or acting mayor of said town shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested whenever found in this State and the warrant of either of the officials aforesaid shall be sufficient authority for his or her arrest and return; and all persons escaping from the custody of said town or its officers may be tried for such escape and punished therefor not exceeding penalties thereinbefore provided. The said mayor and council shall have full power and authority to provide for said town a safe and suitable prison for the keeping and detention of prisoners and convicts of said

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town and of persons charged with a violation of the ordinances of said town before or after conviction, and to appoint a custodian or keeper thereof. Arrests. SALES UNDER EXECUTIONS, ETC. SEC. 59. Be it further enacted, That said mayor and council shall by ordinance provide for the form of all accusation, affidavits and warrants to be issued in all trials or violations of the town ordinances and the procedure in all such trials. All executions in favor of said town for the enforcement and collection of any fine forfeiture, assessment, taxes or other claim, demanded or debt, shall be issued by the clerk and bear test in the name of the mayor or mayor pro tem (except where provided in this charter) and shall be directed to the marshal of said town, and to all and singular the sheriffs and constables of this State, and shall state for what issued and made returnable to the mayor and council of said town ninety days after the issuing of the same; and it shall be the duty of the marshal or other collecting officer to levy the same and advertise the sale of any real or personal property so levied upon, in the same manner as sheriff's sales of real property or constables' sales of personal property are required by law to be made. Any sales thereunder shall be made at the place and within the usual hours of sheriffs and constables' sales, and under the same rules and regulations as govern sheriff's and constable's sales of similar property. Whenever any real estate 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 and interest on said principal amount at the rate of seven per cent. per annum. Whenever at any such sales for taxes due no

Page 811

one present shall bid for the property put up for sale as much as the amount of such execution and all costs, after such property shall have been cried a reasonable time, then any duly authorized or appointed agent of the town may bid off such property of said town, and the marshal or such other officer making the sale, shall make the town of Decatur, 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 redemption by the owner shall have expired and the marshal or other officer making the sale shall put said town in possession, and the mayor and council shall have no right or authority to divert or alienate the title of the town to any property so purchased, except by public sale on the highest bidder in the manner to be prescribed by the ordinances of said town. The clerk of said town shall enter on his execution docket to be kept by him, all executions issued, giving the date, amount of each, to whom delivered, the return and all proceedings thereunder; said executions after being satisfied, shall be returned to the office of the clerk and there filed. All sales and conveyances made under executions as provided in this Act shall have all the force and effect of sales and conveyances made by sheriffs of this State and the officer making the sale shall have the same power as sheriffs to put purchasers of property sold by them in possession. Accusations, etc., and enforcement of executions. SEC. 60. Be it further enacted, That the mayor and council shall have full power and authority through a committee from its body, or by appointment of any other person, in their discretion and at any time they deem proper, to examine into the working of conduct and business of any officer or office in said town, and

Page 812

shall have power and authority to demand, send for and compel the presence of persons or the production of all books and papers, and to swear all persons summoned, as may be necessary or pertinent to said investigation. And it shall be the duty of the mayor and council prior to the first regular meeting of the mayor and council, in each year, by suitable committees, or otherwise, to examine and audit for the year ending on December 31st preceding, all books, vouchers and papers of every official of said town or of any board thereof charged with the collection, keeping or expenditure of any public funds. Supervision of officers. SEC. 61. Be it further enacted, That the mayor and council shall prescribe by ordinance how and by whom purchases of supplies, materials and other necessary articles, for said town or for any department thereof, shall be made or contracted in behalf of said town, and no purchase or agreement or contract of purchase, made in any other manner or by any other person, than as prescribed in such ordinances, shall be valid or binding on said town. Municipal contracts. MALPRACTICE OR OFFICIAL NEGLECT. SEC. 62. Be it further enacted, That in case the mayor, or any councilman, while in office shall be guilty of malpractice or wilful neglect in office or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming his station or convicted and sentenced for violating any criminal law of this State involving moral turpitude he shall be subject to be impeached by the mayor and council, or by council in case of the mayor, and upon conviction by not less than four votes, shall be removed from office. Malpractice.

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SEC. 63. Be it further enacted, That it shall not be lawful for any official of said town of Decatur to be interested directly or indirectly, in any transaction with, sale to, work for, or contract of the town of Decatur or any department of government or service of said town, involving the expenditure of any public funds of said town. Any violation of this Section by the mayor or any councilmen, or other officer of said town, shall on conviction thereof be punished as a misdemeanor under the Code of Georgia, 1895. Municipal contracts. SEC. 64. Be it further enacted, That at the close of each fiscal year, the clerk of the town shall make and submit to the mayor and council at the first regular meeting in the year, a full tabular statement of the assets and resources, and liabilities of the town, with an itemized estimate of the probable receipts, and of the probable and necessary expenses for the ending year, and shall from month to month at the first regular meeting in each month of the mayor and council, submit a statement of all appropriations and expenditures made or authorized by the mayor and council to the end of the preceding month chargeable against the estimated income for that year. Municipal assets and liabilities. SEC. 65. Be it further enacted, That any of the officers of said town of Decatur who may be sued for any Act or things done in his official capacity may be justified under this charter, and the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and council or other officers of said town, or either of them, for any Act or Acts done by them or either of them, under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Protection of mayor and councilmen.

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GENERAL MUNICIPAL POWERS. SEC. 66. Be it further enacted, That the mayor and council of said town of Decatur shall have power and authority to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said town and the inhabitants thereof and that may be deemed necessary to foster and promote virtue and good morals in said town; to suppress lewdness, gaming and disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized in this charter. General welfare. The said mayor and council shall have full power and authority, to adopt and enforce any and all ordinances they may consider advisable and necessary to carry out and execute the powers granted said town, and said mayor and council hereunder; to make and enforce such ordinances, rules and regulations for the government of their body, and all the officers of said town, 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 on municipal corporations, and not inconsistent with the laws of this State. SEC. 67. Be it further enacted, That all ordinances, by-laws, rules and regulations heretofore adopted by the mayor and council of the town of Decatur, which are now in force and not inconsistent with nor repugnant to any provisions of this Act shall remain in full force and effect, under this charter, until repealed, altered or amended by the mayor and council. Existing ordinances, etc. SEC. 68. Be it further enacted, That authority to carry out and effectuate by ordinances, and to provide

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penalties for violations thereof, whenever in their discretion the mayor and council may deem it necessary and all further powers granted to said town of Decatur, as reincorporated under this Act, be and are, hereby expressly conferred on the mayor and council of said town now in office, and their successors. Existing powers. SEC. 69. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the town of Decatur and conferring powers on the same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts inconsistent with or at variance with this Act or any provision hereof, are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1909. DEMOREST, CITY OF, CHARTER AMENDED, NO. 98. An Act to amend an Act of the General Assembly of the State of Georgia, approved October 6th, 1891, by amending Section 13 of said Act so as to submit the question of local taxation to the qualified voters of the city of Demorest as provided in Article 8, Section 4, Paragraph 1, of the Constitution of Georgia, to authorize the mayor and council of said city to use the fund so raised for the support, maintenance or assisting Piedmont College to maintain a public school system in said city; to further amend said charter by amending an Act of the General Assembly of the State of Georgia, approved November, 13th, 1889 by amending

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Section 12 of said Act so as to authorize the mayor and council of the city of Demorest to assess, levy and collect a tax on real and personal property, not exceeding ten mills on the dollar. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That, on and after the passage of this Act, an Act of the General Assembly of the State of Georgia, approved October 6th, 1891, be, and the same is hereby amended by adding in Section 13 of said Act after the word, support, and before the word, also, in the fifth line of said section, the following words, to-wit: When the mayor and council of the city of Demorest recommend the assessing and collecting of a local tax in said city of Demorest for the purpose of maintaining or assisting Piedmont College to maintain a system of public schools, established and conducted in said city, an election shall be held in the city of Demorest on the day to be appointed by the mayor and council of said city, on the question of local taxation for the purpose of maintaining or assisting Piedmont College to maintain a system of public schools for said city and all persons resident in said city of Demorest, who are qualified to vote for members of the General Assembly shall be entitled to vote in the election, provided they have resided within the corporate limits of the city of Demorest for a period of six months immediately preceding said election and have complied with all the laws and ordinances of said city relating to elections. All voters who favor the adoption of the provisions of this Act shall have written or printed on their ballots the words, For Local Tax, and those who oppose shall have printed or written on their ballots the words, Against Local Tax, and in case two-thirds of the qualified voters in said city

Page 817

shall in said election vote for local tax, then the mayor and council of the city of Demorest is authorized to assess and raise on the property of the citizens of said city or of persons owning property in said city, by taxation, a sum not to exceed seven hundred and fifty dollars per annum, and at a rate of taxation not to exceed six mills on the dollar for each year for the purposes aforesaid. Notice of said election shall be given by the mayor of said city in a newspaper published in said city or in some newspaper of general circulation in said city, once a week for two weeks and to post said notice at one or more of the most public places in said city for fifteen days next preceding said election. The managers of said election shall count the votes, make note of the same on the election return and then return all the papers relating to the election, including the ballots, to the mayor and council of said city, who shall examine the election returns and declare the result of said election at their next regular meeting after said election and enter the result of said election on the minutes of the mayor and council of said city of Demorest, so that said section, when so amended will read as follows: Demorest, city of; local taxation for educational purposes. That the city council shall have power to establish within the corporate limits of said city a system of free common schools and shall have power to assess a tax not exceeding six mills on the dollar upon the taxable property of said city for the insupport, when the mayor and council of the city of Demorest recommend the assessing and collecting of a local tax in said city of Demorest for the purpose of maintaining or assisting Piedmont College to maintain a system of public schools established and conducted in said city, an election shall be held in the city of Demorest on the day to be appointed

Page 818

by the mayor and council of said city, on the question of local taxation for the purpose of maintaining or assisting Piedmont College to maintain a system of public schools for said city and all persons resident in said city of Demorest, who are qualified, to vote for members of the General Assembly shall be entitled to vote in the election, provided they have resided within the corporate limits of the city of Demorest for a period of six months immediately preceding said election and have complied with all the laws and ordinances of said city relating to elections. All voters who favor the adoption of the provisions of this Act shall have written or printed on their ballots the words, For Local Tax and those who oppose shall have printed or written on their ballots the words, Against Local Tax, and in case two-thirds of the qualified voters in said city shall in said election vote for local tax, then the mayor and council of the city of Demorest is authorized to assess and raise on the property of the citizens of said city or persons owning property in said city, by taxation, a sum not to exceed seven hundred and fifty dollars per annum and at a rate of taxation not to exceed six mills on the dollar for each year for the purposes aforesaid. Notice of said election shall be given by the mayor of said city in a newspaper published in said city or in some newspaper of general circulation in said city, once a week for two weeks, and to post said notice at one or more of the most public places in said city for fifteen days next preceding said election. The managers of said election shall count the votes, make note of the same on the election return, and return all the papers relating to the election, including the ballots, to the mayor and council of said city, who shall examine the election returns and

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declare the result of said election at their next regular meeting after said election, and enter the result of said election on the minutes of the mayor and council of said city of Demorest. Also to issue bonds or other evidences of indebtedness for the purpose of raising a school building fund, as they may deem proper and to the best interest of said city; provided that before said city council shall issue said bonds they shall at a regular meeting pass an ordinance prescribing and directing the aggregate amount and denomination of said bonds, the rate of interest thereon and the time when said bonds shall become due and payable, which ordinance shall be submitted to a vote of the qualified voters of said city at an election to be held under the same rules and regulations herein prescribed for the election of city officers and such ordinance shall not be considered adopted and authorized unless at said election a majority of all the legal votes cast at such election be in favor of the adoption of said ordinance. If a majority of the legal votes cast at such election be in favor of the adoption of said ordinance said city council shall have power and authority to issue bonds to the amount named in such ordinance. SEC. 2. Be it further enacted by the authority aforesaid, That, on and after the passage of this Act, an Act of the General Assembly of the State of Georgia, approved November 13th, 1889, be, and the same is, hereby amended by adding in section 12 of said Act after the word city and before the word, as, in the fourth line of said section the following words, to-wit: any sum not exceeding ten mills on the dollar so that said section when amended will read as follows:

Page 820

That said corporation shall have full power and authority to assess, levy and collect such taxes upon real and personal property within the corporate limits of said city any sum not exceeding ten mills on the dollar as they shall deem necessary for the support and government of said city, not inconsistent with the laws of this State; also to levy such tax on business, occupations, shows or other performances exercised or exhibited within the corporate limits as they may deem proper. 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 August 11th, 1909. DUBLIN, CITY OF, CHARTER AMENDED. No. 181. An Act to amend an Act establishing a new charter for the city of Dublin, approved August 22d, 1905, and the several Acts amendatory thereto, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for the city of Dublin, approved August 22d, 1905, and the several Acts amendatory thereto, be, and the same are, hereby amended as follows: By striking Section 55 of said Act, on page 808, which said section is in the following language: Section 55. Be it further enacted, that all streets and alleys, sidewalks, pavements and street crossings shall be under the control and power of said mayor and council, and they shall

Page 821

have the full and complete power and right to direct the manner, mode and style in which all street crossings, sidewalks and pavements shall be constructed, paved or unpaved, in failure of any property owner after notice, to comply with the ordinance passed by the mayor and council with reference to construction, paving or repair of the sidewalks, streets or street crossings, said mayor and council are hereby authorized and empowered to prescribe that said owner shall be fined in a sum not exceeding fifty dollars ($50.00) and to collect the same by execution, they may also direct their officers, or persons in their employment, to carry out and execute the provisions of said ordinance with reference to sidewalks, streets and street crossings, at the expense of the owner so refusing or failing to comply with said ordinance, and said mayor and council is hereby authorized to issue executions for said bill of expenses against the said owner, and levy and collect the same as in cases of executions for taxes; and insert in lieu thereof the following words and provisions: Section 55. The mayor and council of the city of Dublin shall have absolute, complete and full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve for travel and drainage, of the streets, sidewalks, public lanes and alleys of the city of Dublin. Dublin, city of, street improvements. (2nd) In order to carry into effect the authority herein delegated, the mayor and council of the city of Dublin shall have full authority and power to assess the costs of paving and otherwise improving the sidewalks, including two-thirds of the necessary curbing for the same, on the real estate abutting on the street on which the sidewalk is so improved. Assessments.

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(3d) The mayor and council of the city of Dublin shall have full power and authority to assess two-thirds of the costs of paving, grading, macadamizing, 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. The real estate abutting on each side shall be assessed and shall pay two-thirds of the entire costs, and any railroad company, or street railroad company, having tracks running across or into any street so improved shall be assessed, and shall pay all the costs of paving or improving such street for the entire space between their rails, or track or tracks, and for one foot on each side thereof when there is a single track; but whenever any street railroad company, or other kind of railroad company, shall have and maintain a switch track, or more than one track on any street, or part of a street to be paved or improved, or paved and improved, then any such railroad company or street railroad company, shall be assessed and pay the entire costs of paving the entire space between their two or more tracks and between the rails of each track and one foot on each side of the outside rail of the outside tracks; and the clerk of the council of the city of Dublin shall issue executions for the amount assessed against any railroad company, or street railroad company at the same time and in the same manner as executions shall be issued against the real estate abutting on the street so improved, which said execution shall be enforced, levied and collected by the chief of police in the same manner as is now or may be hereinafter provided by law for the enforcement of the collection of executions against abutting real estate; provided that the provision authorizing of abutting property owners

Page 823

the whole costs of paving sidewalks, including two-thirds of the costs of curbing is in no way affected hereby. Assessments. (4th) The mayor and council of the city of Dublin shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purposes herein provided for and for the amounts and proportions herein provided for as is in their judgment just and proper, estimating the total costs of each improvement made and prorating the costs thereof on the real estate according to its frontage on the street or streets or portions thereof so improved, or according to the area or value of such real estate, either or all as may be determined by ordinance. It shall be wholly discretionary with the mayor and council of the city of Dublin whether any such improvements shall be undertaken or not, as has hereinbefore or may be hereinafter provided for. Equalization of assessments. (5th) The mayor and council of the city of Dublin may in their discretion, upon being petitioned by three-fourths of the abutting property owners on any particular street or portion of a street in said city for said mayor and council to either grade, pave, macadamize or otherwise improve the sidewalks abutting their respective properties, or upon a like petition for said mayor and council to grade, pave, macadamize, or otherwise improve the street or road bed proper, have said work done without further notice and may in their discretion assess the abutting property either the entire costs of such improvement or two-thirds costs of the same, which said work, when done under this section, shall in other respects be governed and controlled by the powers, authority and law herein given. Petitions for street improvements

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(6th) 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. Lien of assessments. (7th) The mayor and the council shall have authority to enforce the collection of the amount of any assessment herein provided for, by execution to be issued by the clerk of the council of the city of Dublin against the owner of such real estate and against the real estate assessed, which said execution may be levied by the chief of police of the city against the real estate so assessed, and after advertisement and other proceedings as in cases of sales for taxes, the same to be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, and the chief of police of said city shall have full authority to eject the occupants of said property, and place the purchaser thereof in possession; provided that the defendant shall have the right to file an affidavit denying the whole or any part of the amount for which execution was issued, and stating what amount he admits to be due, and the amount admitted to be due must be tendered, together with all costs, before the affidavit shall be received, and the affidavit for the balance shall be received and returned to the Superior Court of Laurens county and there tried, and the issue determined as in cases of illegality, subject to all pains and penalties provided for in cases of illegality for delay. Enforcement of liens. (8th) The mayor and council of the city of Dublin shall have full authority to carry into effect any of the provisions of this law as herein provided and pave, or contract for paving or otherwise improve any sidewalk or street or portion thereof, without giving any property

Page 825

owner the option of having such work done himself. The object of this provision being to prevent any delay in the progress of any contemplated improvements and secure uniform quality and workmanship. Uniformity in workmanship. (9th) The mayor and council of the city of Dublin is given a lien for assessments upon abutting property, which said lien shall have rank and priority of payment next in point of dignity to the liens in favor of said city for taxes, such lien or priority of payment to exist from the date of the passage of the ordinance authorizing the execution of the work in each case. Liens. (10th) The mayor and council of the city of Dublin shall have full power to prescribe by ordinance such other rules as may, in its discretion, be necessary to grade, macadamize, drain or curb any of the streets of said city; to enforce by execution as hereinbefore provided, the payment of the costs thereof against adjacent property owners; to prescribe by ordinance how the owners or agents thereof shall be served with any notice that they may by ordinance provide in particular cases either by personal service or by publication; that the mayor and council of the city of Dublin shall have authority to use the executions against real estate abutting on the street improved, in the payment of the costs of doing and executing any of the improvements herein provided for; and the mayor and council shall have authority to transfer any or all of the executions for paving and improving the streets, to any person or corporation, which said transfer shall be made in obedience to an ordinance passed for that purpose, and the same shall be in writing, signed by the mayor and the clerk of the council of the city of Dublin. Said executions when issued and transferred as herein provided shall convey

Page 826

to the owner thereof all right, title and interest in and to said executions and to the assessments and to the lien upon the respective properties, with full power to enforce collection thereof by levy and sale of the property. Discrestionary powers. SEC. 2. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, That Section 49 of said Act of 1905 be amended as follows: By striking the whole of said Section 49, which said section is in the following words: Section 49. That the mayor of the city shall be authorized to suspend the sentence of any prisoner convicted in the mayor's court for a violation of any city ordinance, law or regulation, until such person shall have the opportunity to appeal to the council of the city and lay before that body a statement of the facts in his case, and said mayor and council shall have power after a full hearing of said case to commute, remit or suspend said sentence, and substituting in lieu thereof the following words and provision: Section 49. The mayor of the city of Dublin shall have full power and authority to pardon, suspend, remit, commute, mitigate, or otherwise lessen a penalty inflicted on any person for a violation of the ordinances of said city; provided that in any case where he exercises the prerogative herein conferred by pardoning, commuting, suspending, remitting, mitigating, or lessening, or interfering with the sentence or penalty inflicted on any such person for a violation of the ordinances of said city, he shall at the next regular session of the council report in writing any such sentence so interfered with, the person on whom inflicted, for what convicted, the length of the sentence and his reasons for so doing. Penalties.

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SEC. 3. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, That the mayor and council of the city of Dublin shall have full power and authority to regulate, confine to certain streets in said city, limit the hours, pass upon the moral qualifications of the applicant, license, exercise general supervision and control over, or may in its discretion by ordinance totally prohibit the operation of any establishment in said city by any person in which there is manufactured or offered for sale in any quantity of 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; and that said mayor and council shall have full power and authority to pass ordinances under the authority herein delegated and punish for the violation thereof in accordance with its laws now of force. Sale of near-beer, etc. SEC. 4. Be it further enacted by the authority aforesaid that Section 64 of the said Act of 1905 be and the same is hereby amended by striking from the third line of said section the words one-fourth of one per cent and substituting in lieu thereof the following words to-wit: three-eighths of one per cent, so that said section when so amended shall read as follows: Section 64. That the mayor and council of said city shall not in any one year collect a tax exceeding three-eights of one per cent on the taxable property of said city for the support and maintenance of said public schools. Limit to taxing power. SEC. 5. Be it further enacted that from and after the passage of this Act, no member of the Board of Education of the city of Dublin shall be eligible to vote for any teacher or superintendent of schools in said city, who is related to any applicant for a teacher or superintendent's

Page 828

place in said schools, or for re-election to a teacher's place in said schools. Election of teacher or superintendent of schools. 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 14th, 1909. EASTMAN, CITY OF, CHARTER AMENDED. No. 259. An Act to amend an Act incorporating the city of Eastman, in the county of Dodge, approved August 22d, 1907; to define the limits of said city of Eastman, 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 2 of an Act, entitled an Act to create a new charter for the city of Eastman, in the county of Dodge, define its limits, create a municipal government therefor, declare its rights and power, and for other purposes, be, and the same is hereby amended as follows: Be it enacted by the authority aforesaid, That the corporate limits of said city shall be designated in the following manner: Beginning at a point on the south-west side of the Eastman and Hawkinsville public road near dividing line between land lots Nos. 10 in the 15th district and 310 in the 16th district of Dodge county, Georgia, where Maple street of the Northern Heights addition to city of Eastman intersects with said road and running through the lastnamed lot in a north-easterly direction, along the upper

Page 829

side of said Maple street, to the right of way of the Southern Railway, thence continuing in a straight line through said lot and into lot No. 291 of the 16th district to a point 800 feet distant from the line between said lots 310 and 291, thence turning and running in a straight line parallel to and 800 feet north-east of the south-west line of lot 291, to the lower side of the Eastman and Dublin public road, thence turning and running in a southerly direction in a straight line to the south-east line of lot No. 308, at a point 500 feet north-east of the south corner of said lot, thence in a south-west direction along the south-east line of said lot No. 9, in the 15th district, to the south-west side of the Eastman and Chauncey public road, thence in a westerly direction through said lot No. 8, to the south-west line thereof at a point where the dividing line between the lands of Mrs. Estelle Massey and D. M. Roberts touches said south-west line, thence in a north-west direction along the said line of said lot 8 and lot 9 to the west corner of lot 9, then in a northerly direction through lot No. 10, to the west corner of a certain 10 acre tract in form of a square, now owned by Mrs. Caro; C. E. Ogden, and situated in the east corner of lot 10, then along the north-west line of said ten-acre tract, to the south corner of the lot of J. F. Lee, said corner being 200 feet, more or less, from the south-west side of said Eastman and Hawkinsville public road, then in a straight line in a north-west direction, along the south-west line of the lots of said J. F. Lee, Mrs. Nannie Cooper, Mrs. Gussie Wilkinson, Ruby Neullis and Mrs. Mary Lou Lee to the west corner of the lot of said Mrs. Mary Lou Lee, thence at right angle in a north-easterly direction to the south-west side of said Eastman and

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Hawkinsville public road, thence in a north-westerly direction along the south-west side of said road to place of beginning. It is further provided, That said city shall be divided into four wards, divided from north-west to south-east by the Southern Railway, and from north-east by Fourth Ave., or in a direct line through said Fourth Ave., to the corporate limits on the north-east and south-west lines: that portion north of said Southern Railway and north of said Fourth Ave. to be known as the first ward; the portion north of said Southern Railway and south of Fourth Ave. to be known as the second ward; that portion south of the Southern Railway and north of Fourth Ave. to be known as the third ward and that portion south of the Southern Railway and south of Fourth Ave. to be known as the fourth ward. Eastman, city of. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That Section 5 of said Act be so amended as to provide for three managers for each ward, who shall reside in said ward, and when amended shall read as follows: Be it 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 three managers for each of the four wards of the city, to be designated by the mayor and council from the respective wards who shall be citizens of their respective wards of said city and entitled to vote in the elections for said 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

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tally sheets and at the conclusion of the count shall deposit the same, together with the votes cast, and a certificate of the result of the election, with the clerk of the council, declaring elected persons receiving the highest vote. The places of holding said election shall be designated by the mayor, and the polls shall be kept open between the hours of seven A. M. and four P. M. Election managers. SEC. 3. Be it further enacted, That Section 6 of said Act be amended by adding the word months and before the word next in the third line of said section, the words and in the county of Dodge six months, so that said section when amended shall read as follows: Be it further enacted, That every male citizen of said city twenty-one years of age, who shall have been a citizen of this State for twelve months, the county of Dodge six months, and within the corporate limits of said city three months next preceding said election, and shall have paid all taxes due by him to said city, and who is registered according to the laws of said city and qualified to vote for members of the General Assembly of said State, shall be qualified to vote at any election held in and for said city for any purpose whatever, and to vote in his respective ward, after residence therein for three months and registering as herein provided. Voters. SEC. 4. Be it further enacted by the authority aforesaid, That Section 3 of said Act be amended by striking the language contained in said section and substituting the following: Be it enacted by the authority aforesaid, That the municipal government of said city shall be vested in a mayor and five councilmen, who shall constitute the city council, and who shall be selected, one from each of the four wards of the city and one from the

Page 832

city at large, and who shall be elected and whose term of office shall be as follows: On the second Monday in January, 1910, an election shall be held in each of the four wards of said city for the purpose of electing a mayor and five councilmen of said city, at which election a mayor shall be elected for one year, and two candidates for council receiving the highest vote in either two of the four wards in said election, shall serve a term of two years, and the two receiving the highest vote in the other two wards of said city in said election, shall serve for a term of one year, and the candidate receiving the next highest vote in either ward of the city shall be the councilman at large for a term of one year. Thereafter the term of office of mayor shall be for one year and the terms of office of all councilmen shall be for two years. On the second Monday in January in each year an election shall be held, at which election a mayor and either two or three councilmen shall be elected accordingly as a two year term of either two or three of such councilmen shall be about to expire. All officers of said city shall serve until their successors are elected and installed; provided, the present mayor and council of the city of Eastman shall continue to serve as mayor and council of said city until their successors shall have been elected, at the election to be held the second Monday in January, 1910. Mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That Section 10 of said Act be, and the same is, hereby amended by striking the language contained in said section and substituting the following: Be it further enacted, That the councilmen elected from the city at large shall be the mayor pro tem. of said city, and who, in the absence, disqualification, or disability of the

Page 833

mayor, shall have the same authority and power as are vested in the mayor. Mayor pro tem. SEC. 6. Be it further enacted, That Section 29 of said Act be, and the same is, hereby amended by striking the entire section and substituting the following: That the city council shall have the right and authority to levy and collect upon all property within said city, both real and personal, including money, notes and other evidences of personal property, in the same manner as provided by the general law for the collection of taxes upon such property. Ad valorem tax. SEC. 7. Be it further enacted That Section 30 of said Act be amended by striking therefrom all of said section after the word city in the sixteenth line of said section. Tax returns. SEC. 8. Be it further enacted, That Section 45 of said Act be, and the same is, amended by striking the entire section of said Act. Delivery of intoxicants. SEC. 9. Be it further enacted, That Section 52 of said Act be, and the same is, hereby amended by striking the entire section of said Act. Sabbath day. SEC. 10. Be it enacted, That Section 53 of said Act be amended by striking the entire section of said Act. Police powers. SEC. 11. Be it further enacted, That all bills and accounts of every character whatsoever, shall be audited in open council, and no check drawn in payment of any demand against the city shall be valid, unless countersigned by the mayor. It is further provided that the books of the mayor and council shall be audited annually, and this is to include and cover the book of employees of every character, the auditor contemplated

Page 834

by this Act to be an accredited expert accountant, who shall be paid for his services as other obligations of the city are paid. Public accounts. SEC. 12. Be it enacted, That all lands within the corporate limits of the city, covered by this amendment, which are used strictly for agricultural purposes, shall be returned for taxes as farming lands, but when lands are cut up into building lots or mapped out for sale as city lots, the same shall be returned and taxed as other city property. Agricultural land. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with the foregoing be, and the same are, hereby repealed. Approved August 16th, 1909. EAST THOMASTON, VILLAGE OF, CHARTER REPEALED. No. 88. An Act to incorporate the village of East Thomaston, in the county of Upson, 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 the Act of the General Assembly, approved December 20th, 1900, to incorporate the village of East Thomaston, in the county of Upson; to provide for the qualifications of voters and election of commissioners for the same; to provide the powers and duties of said commissioners; to provide for all matters of municipal

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concern and cognizance and for other purposes, be, and the same is, hereby repealed. East Thomastion, village of, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act, be, and the same are, hereby repealed. Approved August 11th, 1909. EAST THOMASTON, VILLAGE OF, INCORPORATED. No. 263. An Act to incorporate the village of East Thomaston in the county of Upson; to provide for the qualifications of voters and election of commissioners for the same; to prescribe the powers and duties of said commissioners, to provide for all matters of municipal concern and cognizance, 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, all persons who are citizens of the United States and who reside in the territory in the county of Upson, State of Georgia, comprised in the following limits, to-wit: A quadrilateral, the outward or north-eastern boundary of which is the arc of a circle whose cord is [frac34] of a mile long, and its radius 1 miles long; and the inward or south-western boundary is the arc of a circle whose cord and radius are each [frac34] of a mile in length, the perimeter of the inner circle being the incorporate limits of the city of Thomaston, having its center in the center of the court house of said city. These bounding circular arcs are concentric and a radius drawn

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from the common center to the interior bounding arc, where it crosses the center of the Thomaston and Barnesville road and these extending to the outer circular boundary will bisect both arcs and their cords, dividing the quadrilateral contained between them into two equal and similar portions by passing through its center, be incorporated under the name and style of the Village of East Thomaston, and by the corporate name of the Village of East Thomaston shall have perpetual succession, may have and use a corporate seal, may sue and be sued, may plead and be unpleaded in any court of law or equity in this State; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain for corporate purposes, any estate or estates, real or personal, of whatever kind or nature, within the jurisdictional limits of said village, and may sell or otherwise dispose of the same for the benefit of said village, as to the commissioners of said village may seem fit and proper. East Thomaston, village of, reincorporated. SEC. 2. Be it further enacted, That the municipal government of the village of East Thomaston shall consist of three commissioners, who shall be elected in the manner hereinafter set forth, each of whom shall serve without pay, and who shall hold their offices for one, two and three years respectively, and until their successors are elected and qualified. Government by three commissioners. SEC. 3. Be it further enacted, That the election shall be held at the store house of the Thomaston Cotton Mills, or at some other convenient and accessible place, in said village of East Thomaston, on the first Monday in September, annually. On the first Monday in September, 1909, three commissioners shall be elected, and on the first Monday in September annually thereafter

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one commissioner shall be elected to serve for three years and until his successor is elected and qualified. The three commissioners elected at said first election on the first Monday in September, 1909, shall on the day following their election, meet and determine by casting lots, which one elected shall serve for three years, which one shall serve for two years and which one shall serve for one year, and the result of said determination by casting lots shall be entered on the book of minutes of the commissioners of said village. Election of commissioners. SEC. 4. Be it further enacted, That any person shall be eligible to the office of commissioner who is qualified to vote in said village, and any person shall be qualified to vote in any election held in said village who is qualified to vote for members of the General Assembly in Upson county, except that registration in the registration book kept by the county tax-collector or registrar, shall not be considered a necessary qualification, and who shall have resided in said village thirty days immediately preceding said election. All elections shall be held in the store house of the Thomaston Cotton Mills, or in front of or in the rear of said store house, or at some other public place in said village, in the discretion of the commissioners, who shall give due notice to such place; may be superintended by two persons residing in said village, who are qualified to vote; shall be held between the hours of ten a. m. and four p. m.; the managers shall take and subscribe an oath to faithfully superintend and make true returns of said election to the commissioners, which oath may be administered by any person who is qualified to administer oaths in the county of Upson, or if no such officer can be had, said managers may administer said oath to each

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other. The said managers shall certify the result of such election and make return thereof to the commissioners of said village, who shall on the Tuesday following the day of the election, meet and declare the result and install in office the person elected commissioner. The commissioners of said village shall, before entering on the discharge of their duties, take and subscribe the following oath, which may be administered by any officer authorized by law to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolved upon me as commissioner of the village of East Thomaston; that I will faithfully execute and enforce the laws of said village to the best of my ability, skill and knowledge, and that I will do all in my power to promote the general welfare of the inhabitants of said village; so help me God. Qualifications of commissioners. Elections where and how held. SEC. 5. Be it further enacted, That John C. Howard, N. L. Whitten and J. W. Thompson, residents of the village of East Thomaston, be, and they are, hereby created and appointed commissioners of the village of East Thomaston, to serve until the first election, as provided herein, on the first Monday in September, 1909, and until their successors are elected and qualified. In case a vacancy occurs in the board of commissioners of said village by death, resignation or otherwise, the remaining commissioners or commissioner, shall order an election to be held within fifteen days from the time such vacancy occurs, due notice of which shall be given by posting notice of same ten days before the election at one or more public places in said village for the purpose of filling said vacancy. Appointments. Vacancies. SEC. 6. Be it further enacted, That the commissioners herein appointed shall as soon as possible after the

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passage of this Act, elect one of their number chairman of the commissioners of said village, and shall also elect one of their number chairman pro. tem. of the commissioners of said village; and on the day of the installation of the commissioner elected at each annual election as herein provided, the said commissioners shall elect from among their number a chairman and chairman pro tem of the commissioners of said village. Chairman. SEC. 7. The chairman of the commissioners of said village shall be the chief executive officer of said village, and in his absence or disqualification, the chairman pro tem shall be the chief executive officer. He shall see that the laws of said village, the ordinances, by-laws, rules, regulations and orders of the commissioners are duly executed. He shall have control of the marshal and police of the village, and may appoint special police whenever he may deem it necessary. It shall be his duty especially to see that the peace and good order of the village is preserved and that all persons and property therein are fully protected, and to this end he may cause the detention of all riotous and disorderly persons in said village. He shall have power to impose fines, not to exceed the sum of fifty dollars for each offense, or to sentence any offender against the laws, ordinances, rules and regulations of said village, to be confined in a guard house to be provided for that purpose, not exceeding thirty days, to work on the streets or other public works of the village, under the supervision of the marshal thereof, for any length of time not exceeding forty days, either one or two or all of these at the discretion of the trial court, and in addition thereto such costs of the proceedings as may be incurred. Any person convicted before the chairman or the chairman

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pro tem of the commissioners of said village for any violation of the laws or ordinances of the village may enter an appeal from the judgment of the court to the commissioners of the village, a majority of whom shall constitute a quorum; provided, the appeal be entered instanter; and provided, that costs are first paid and bond given to bide the decision if the commissioners; and any person convicted on such appeal by the commissioners, may have the right of certiorari to the Superior Court of Upson county; provided, that all costs are first paid and bond given in double the amount of the fine imposed, which bond shall be approved by the chairman or chairman pro tem of the commissioners, for the appearance of the defendant to answer the final judgment of the courts; provided further, that nothing in this section shall prevent the appellant or applicant for certiorari from filing the proper pauper affidavit in lieu of the payment of costs, or giving the bonds as herein required. Powers and duties of chairman. Appeal and certiorari. SEC. 8. Be it further enacted, That the commissioners of said village shall, at their first meeting after the passage of this act, and at their first meeting after each annual election, and at any time that a vacancy may occur, elect a clerk and treasurer either from among their own number or from among the citizens of the village, and at said times they shall likewise elect a marshal of said village, either from among the citizens of the village or any other person they may see fit to elect. The clerk and treasurer and the marshal so elected shall each make and give to the commissioners of said village a bond, with security, to be approved by the commissioners in such amount as may be fixed by the commissioners, made payable to the Village of

Page 841

East Thomaston, for the faithful performance of their duties. Clerk treasurer and marshal. SEC. 9. Be it further enacted, That the commissioners of said village shall have power and authority to levy and collect taxes for general and special purposes upon all real and personal property in said village not to exceed one-fourth of one per centum per annum. They shall also have power and authority to require a license to be paid by all theatrical performances, shows, circuses, menageries and exhibitions of any kind for gain, and by all itinerant traders and peddlers, all venders of patent or proprietary medicines, drugs, books, nostrums and devices of any kind; by all solicitors or canvassers selling or offering for sale, goods, wares, merchandise or other things, by retail to customers; by all agents of fire, accident or life insurance doing business in said village, by any person engaged in any trade, profession or occupation except such as are exempt by law, carried on within the corporate limits of said village; and to provide by ordinance for the punishment of any persons who may engage in or offer to attempt to engage in such business or calling without first having taken out the license required by law. Taxing power. SEC. 10. Be it further enacted, That the said commissioners of said village shall have the power and authority to punish for the unlawful sale of intoxicating or malt liquors, or bitters or liquors of any kind which, if drunk to excess, will produce intoxication. No license for the sale of intoxicating, or malt liquors or bitters, or liquors of any kind, which, if drunk to excess, will produce intoxication, shall be granted or allowed by the commissioners of said village. Sale of intoxicants.

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SEC. 11. Be it further enacted, That the commissioners of said village shall have power and authority to pass all laws and ordinances that they may deem necessary for the good government of said village, the protection of the life, liberty, security and prosperity of the inhabitants thereof, and for the preservation of peace and good order, temperance and morality in said village which are not contrary to the Constitution and laws of the United States, or of the State of Georgia. General welfare. SEC. 12. Be it further enacted, That all male persons over the age of sixteen years and under the age of fifty years, who have resided within the corporate limits of said village ten days, shall be subject to work on the streets, alleys and sidewalks of said village, not exceeding ten days in each year, or it pay such commutation tax as may be levied by the commissioners of said village,in lieu of working said streets, alleys or sidewalks, not exceeding five dollars each year; and the commissioners of the said village shall have the power and authority to provide by ordinance for the proper enforcement of this section by prescribing proper punishment for all persons subject to street duty who fail or refuse to work the streets, alleys and sidewalks of the village when notified so to do, or to pay the commutation tax in lieu thereof. Street work or commutation tax. 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 16th, 1909.

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EDISON, CITY OF, CHARTER AMENDED. No. 186. An Act to amend an Act, approved August 20th, 1906, and entitled An Act to create and incorporate the city of Edison, in lieu of the town of Edison, and for other purposes, so as to provide a system of registration for any and all bond elections, 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 there be added at the end of Section 20 of said Act, a sub-section; said sub-section to be known and designated as Section A in said Act, and shall read as follows, to-wit: That for all bond elections in said city, a book known as bond registration book, shall be kept, and all persons desiring to vote at any election held for bonds in said city shall enroll his name in said book before he shall be eligible to vote in any such bond election. Said book shall be opened 30 days before such election; shall be held and remain open 20 days, during which time all persons desiring to vote at such bond election shall register. The said book shall close 10 days before said such election shall be held, during which time any citizen may file and have determined the objections he may have respecting the legality of any person registered in said book; procedure concerning said objections shall be, as near as possible, the same as objections to any persons registering for general elections, and if there should arise a question of any kind for which there is no provision of settlement or procedure provided, the mayor and council shall provide some suitable way. Edison, city of, Bond election.

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SEC. 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1909. ELLIJAY, CITY OF, INCORPORATED. No. 283. An Act to incorporate and establish the city of Ellijay, in the county of Gilmer; 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 the City of Ellijay, and by such, its corporate name, it shall have perpetual existence, shall sue and be sued, plead and be empleaded, 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 liabilities of the city of Ellijay. Ellijay, city of, incorporated. SEC. 2. The corporate limits shall be, and remain as fixed, and established by an Act approved August 19th, 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. Said limits as so fixed and established, extending three-quarters of a mile, air line, in every direction, South and East, and three-quarters of a mile, air line, in every direction, North and West, from the court house in said town. Corporate limits.

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SEC. 3. The municipal government shall consist of a mayor and five 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, 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. Powers of council. SEC. 5. Election for mayor and aldermen shall be by the vote of the people, under the regulations hereinafter prescribed, and shall be held on the second Monday of December of each year. The present mayor and city council of Ellijay shall continue in office for the term for which they were elected and qualified, and until their successors in office are elected and qualified. The first election hereunder shall be held on the second Monday in December, 1909, at which time a mayor shall be elected and five aldermen, and annually thereafter, and the mayor and aldermen so elected shall qualify, and enter upon the discharge of their respective duties on the first day of January following the election. The mayor shall receive such reasonable salary, not more than $60.00 nor less than $36.00 per annum. The board of council shall, at a regular meeting of their body, in the month of November, preceding the municipal election for mayor, fix the salary of the next succeeding mayor, and his salary shall neither be increased, nor diminished, during the term of office. He shall have authority: Election of mayor and aldermen.

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(1) To preside over any and all meetings of the board of council, but not to vote therein, except in elections and impeachments. Powers and duties of mayor. (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, whenever three 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 officers, employees or servants, he shall have power to suspend him, pending investigation by the board of council. (4) To preside in the police court of said city, and to exercise all of the rights, privileges and powers hereinafter conferred upon the presiding officers of the said city. (5) To pardon offenders against the city ordinances, and to suspend, reduce, or vacate any sentence of the police court of the said city, three-fifths of the five aldermen approving such veto, suspension or reduction, whether imposed by himself or the mayor pro tem., or any alderman presiding in said court, under the pro vision of this Act. (6) To exercise all other powers conferred upon by this Act, or which may hereinafter be conferred upon by ordinance of the said board of council, not in conflict with this Act. SEC. 6. In the event the mayor or any alderman shall, without providential hindrance, fail to qualify and enter

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upon the discharge of his duties within five 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 holding places in the city as in case of regular elections, and shall be held within fifty days after such vacancy shall occur, and shall be advertised for four weeks in a newspaper having general circulation in said city. In all other respects the rules governing regular elections shall apply to such special elections. Failure to qualify. (1) In event of the resignation of the mayor, or any alderman, the board of council shall, after accepting the resignation, call an election to fill said vacancy caused thereby, for the unexpired term as heretofore prescribed. Elections to fill vacancies. (2) 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 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. Malpractice. (3) The mayor and aldermen shall, during their term of office, be exempt from street tax. Exemption from street tax. (4) The 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 the powers and perform all the duties of the said officer, when notified by the mayor of his intended absence from the city, or disqualification or other disability. Mayor pro tem.

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(5) In the event of the absence of both the mayor and mayor pro tem from any meeting of the board of council, an alderman may be chosen to preside over such meeting. Presiding officer. (6) The board of council 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 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. Duties of aldermen. (7) Said board of council, or its presiding officer, shall have power to punish for contempt by a fine not to exceed ten (10) dollars, or imprisonment in the city prison for not longer than ten 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 and 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 Ellijay during my continuance of office; that I will, to the utmost of my skill and ability, promote the interest and prosperity of said city; that I will not wilfully or knowingly use or be the cause of using tyrannical means towards any citizens or citizens thereof, so help me God. Oath of aldermen. (8) 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;

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all ordinances or resolutions appropriating money shall likewise require the mayor's approval, before become operative. Mayor's veto. SEC. 7. Be it enacted, That board of council shall have the right to fix such salaries for the aldermen as it shall see fit, not to exceed the sum of twelve dollars each per annum, which salary shall not be increased or diminished during their continuance in office. Said salaries to be fixed at a regular meeting in the month of November preceding each regular election. The board of council shall be further authorized to employ such help as may be necessary to the proper conduct of the several city enterprises, and who shall rceive such compensation as may be fixed by the board of council, who shall be subject to removal without notice, and to employ and appoint such other officers as may be hereinafter provided, or as the city council may see fit. Salaries. SEC. 8. The board of council, on the first day of January of each year, or at their first meeting thereafter, shall elect a city clerk, who shall be ex-officio tax collector and treasurer, and shall hold office for one year, and until his successor is elected and qualified. The said city clerk and treasurer shall receive a salary not to exceed sixty ($60.00) dollars a year, which compensation shall remain the same during the term of office, aldermen, when not otherwise prohibited by law, but not the mayor, shall be eligible to election as clerk and treasurer. The said clerk and treasurer, shall give a satisfactory bond, to be approved by the board of council, in sum not less than one thousand ($1,000.00) dollars, and more if the board of council shall require it, and shall discharge the duties hereinafter prescribed, or which may

Page 850

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 city clerk and treasurer of the city of Ellijay, during my term of office, to the best of my skill and ability, so help me God. The cost of all surety bonded officers of the city shall be paid out of the city treasury. Clerk and treasurer. SEC. 9. A vacancy 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 Ellijay who is a qualified voter therein, shall be eligible to hold any municipal office. Qualifications for office. SEC. 11. All officers shall at all times be subject to the jurisdiction of the council, and amendable to their discipline, and may be 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. Discipline 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 Ellijay, shall be interested, directly or indirectly, in any contract made by 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.

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SEC. 14. All elections, both regular and special, shall be conducted in accordance with the following regulations: Elections. (1) All elections shall be held at the court house, 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 be 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. (2) The board of council shall designate three 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 any one to vote, unless we believe he is entitled to do so, according to the laws of the city, nor knowingly, prohibit any one from voting who is so entitled by law; and we will not divulge for whom any vote was cast, unless called on under oath the law to do so, so help me 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.

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(3) The votes shall be given by ballots 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 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 candidate or by person working in their interest, a violation of this Section shall be a misdemeanor. (7) The mayor shall require the marshal to preserve order in and about the polling places 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 21 years, and resided in the State for one year, and in the county of Gilmer and city of Ellijay for six months next preceding this election, that I have paid all taxes which, since the adoption of the

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present constitution of this State, have been required of me, and which I have had an opportunity to pay agrecably to law, except for the year in which this election is held, and that I have not voted beefore at this election, so held 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 talley sheet shall likewise bear the signatures of the managers. The oath of the managers, their certificate, and tally sheet and one list of the 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 results of said election by resolution entered upon the minutes. (10) The remaining papers pertaining to said election, with the ballots, shall be secretly sealed and delivered to the clerk of the Superior Court of Gilmer county, who shall keep them safely and unopened, until after the next session of said court, and if they be not then called 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 applicable to regular elections, except that they be called by and the returns made to persons or committees designated for the purpose, and

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other rules not inconsistent with may be adopted for same. Primaries. SEC. 15. Be it further enacted, That all persons qualified to vote for members of the General Assembly in the county of Gilmer, and who shall have resided within the jurisdictional limits of the city of Ellijay for six months next preceding the election, and who shall have paid all taxes, including street tax, which shall have been lawfully imposed, and who is a registered voter of said county; shall be entitled to vote at any election. And no person possessing said qualifications, above enumerated in this Section, and whose name appears on the list of registered voters, for the State and county, of file, in the office of the county official designated by the laws of this State, shall be denied the right to vote at any election. Voters. SEC. 16. 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. 17. Be it further enacted by the authority aforesaid, that should any contest arise of the results of any election for mayor and councilmen of said city, it shall be determined as follows: The contestant, or contestants, shall, within five days from the date of said election, by petition to Superior Court of Gilmer county, plainly, fully, and distinctly set out his or their grounds for contest, and the names of the person or persons, whose election is contested, and file said petition in the office of the clerk of the Superior Court of Gilmer county. Immediately upon the filing of said petition, the clerk of said court shall transmit a copy thereof to

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the judge of the Superior Court of Gilmer county, and shall furnish the contestees as set out therein, each with a copy of said petition. Upon the receipt of a copy of said petition, the said judge shall fix a time and place of hearing and endorse same on the said copy; provided, that the time of hearing shall not be more than 50 nor less than 30 days from the date of his order, and may be at the session of the Superior Court of said county or in vacation. All parties shall receive from said clerk 10 days' notice of the time and place said judge shall proceed to hear and determine said contest, and all the issues of law and facts submitted therein, and render final judgment in the premises. Contested elections. SEC. 18. Be it further enacted by the authority aforesaid, That in the event notice of a contest is filed as provided in the previous Section, the mayor and councilmen of said city then in office shall continue to perform their duties as such officers until said contest be settled and determined and until their successors are legally elected and qualified. Officers hold over pending contest. SEC. 19. 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 time as may be fixed by ordinance. The mayor shall be 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 of any alderman designated by the mayor of the mayor pro tem shall preside, and while presiding shall be vested with 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 push all offenders against the laws or ordinances of the city of Ellijay, 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 whom 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 as having been committed within the city, provided such charges 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 cost as are allowed to the justice of the peace and constables for like service. Jurisdiction of police court. (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 Ellijay within the limits prescribed by law, and said mayor or other presiding officers shall also have the same power as judges of Superior Courts of this State, to punish for contempt by a fine not to exceed ten dollars, and imprisonment in the city prison of Gilmer county jail, not to exceed ten days, either or both of said punishments in the discretion of the court; and said punishment may be imposed in the alternative. Said mayor or other presiding officer of said court shall also authority to commit and bind over persons on trial before him for violations of city laws and ordinances, whenever it shall develop on a trial that a State law has been violated. Powers of presiding officer.

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(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 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, in 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 Ellijay in the name and behalf of the citizens in said city, charge and accuse.....with the offense of....., for that said....., in said city on the.....day of.....did,.....contrary to the laws of said city, the good order, peace and dignity 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 instanta, 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

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to be represented by council, provided it shall not be necessary to appoint council to defend persons who can not employ same. The rules of evidence applicable to trials in the State courts, shall apply to said police court. Court of record. Accusation. (5) Said court shall have the power to compel the attendance of witnesses in all proceedings, and of persons charged with offenses, by subpoena, or summons issued by the city clerk or the presiding officer of said court, and bearing test in the name of the mayor, or may require of either witnesses or defendants, bonds for their appearance. A 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 processes necessary to carry into effect its lawful judgment and order. Witnesses. (6) The ministerial officers of said court shall be the marshal and policemen of said city, to whom in the alternative all process shall be directed. Marshal and policemen. (7) The right of certiorari from the judgments of the 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 such forfeiture, (except in case of cash bonds), 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

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in such case, 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 reasons. 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 practical, 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 himself or abscond from the city, such time shall not be computed as a part of such limitation. Limitation to prosecutions. (10) All fines and forfeitures in said police court 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 claim upon said funds 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 Ellijay. 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 known, 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 force the collection of any money, judgment

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or fine by execution directed to the marshal and policeman of said city and the sheriffs and deputy sheriffs of said State, and otherwise substantially in the form of county court executions. Enforcement of judgments. (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 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 Gilmer, 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 Gilmer county, and the city authorities shall at all times retain and exercise such 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 alternate sentence, in the discretion of the presiding officer. Collection of fines. (15) The marshal and other police officers of said city shall have power and authority to arrest without warrants, persons accused of violations of the city laws and ordinances, where such offences are committed in the presence of the arresting officer, or the accused person is endeavoring to escape or a warrant can not procure

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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 ordinances 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. 20. The police force of the city shall consist of a marshal. Said 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, and shall be allowed no costs or extra compensation. Emergency police 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 the law of persons charged with violations of the law, 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 to perform any and all duties required of them by ordinance. They may be suspended for failure to perform any duty by order of the

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mayor, and if the charges be sustained they may be removed by the board of council. Marshal. SEC. 21. Said city of Ellijay 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, water closets, privies, privy vaults, dry wells, and cess pools in the city, with full power to prescribe their location, structure use 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. Sanitation. (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 hundred feet of the building or structure for which such connections is required. Sewer connections. (2) The city of Ellijay shall have power and is hereby empowered to condemn property for drainage purposes within its corporated limits, and pay the owner of said property the damages incident to such condemnation. The said city shall proceed in accordance with the law of the State now in force, and 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. Power of condemnation.

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SEC. 22. 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 of not more than twenty days, either or both at the discretion of trial court, or by imprisonment at labor on the streets, sidewalks or other public work of said city not to exceed one month, which punishment may be imposed in the alternative. Penalties. SEC. 23. 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. 24. Be it further enacted, That in case the mayor, any alderman or sworn or bonded officer of the city of Ellijay, while in office shall be guilty of malpractice in, or abuse of said office, or misappropriation of public funds, he or they shall be subject to indictment in the Superior Court of Gilmer county, and on conviction thereof shall be fined as for a misdemeanor and moreover be removed from office, which fine or fines shall be paid over to the city treasurer for the use of said city. Malpractice. SEC. 25. Be it further enacted, That it shall be the duty of the mayor and aldermen, to have a full and accurate record of all business transacted and all money received and disbursed, kept in the office of the city clerk and treasurer, open to inspection; to have published

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at the close of each year in a newspaper having circulation in the city, a full and complete financial statement showing all money received and disbursed by the city, to whom paid and for what purpose. On failure to comply with either or both of the above requirements, the said mayor and aldermen shall be subject to indictment in the Superior Court of Gilmer county, and on conviction thereof, fined as for a misdemeanor. Public accounts. SEC. 26. The city of Ellijay 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 to close and vacate any of the same. Streets, etc. (1) For the purpose of opening and laying off any new streets, alleys or way within the said city, or extending, altering or widening any of the streets, alleys or ways of the said city, or for any other public use, the city of Ellijay is hereby empowered and authorized to condemn any property though same may be owned by a quasi-corporation, and to take the same for such use, and to pay 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. SEC. 27. 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 and under and on the public streets, lanes, alleys, parks, and other property of said city on such terms and conditions as

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they may fix; provided, that no such franchise shall be granted for more than a term of 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. 28. Be it further enacted, That the said city of Ellijay created by this Act shall have power and authority to establish, own and maintain and operate a system of water works, electric light plant, gas works and sewerage system, or any of them, for the purpose of supplying the 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 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 the same not in conflict with the powers vested in the water, light, sewer and bond commission created by this Act for said city. Public utilities. SEC. 29. Be it further enacted, That a water, light, sewer and bond commission of the city of Ellijay is hereby created, to be composed of three discreet and conservative business men of the city of Ellijay, and

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who shall be owners of real estate located in said city, to be chosen by the mayor and council of said city as follows: They shall, as soon after the passage of this Act as practicable, select from the citizens of Ellijay three commissioners one to serve one year and until his successor is elected and qualified, 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 such commissioners are chosen his successor shall be elected and qualified, and at the expiration of the term for which such commissioners are chosen his successor shall be elected. The said commissioner shall handle and control such bonds as shall from time to time be turned over to him for the purpose of raising a sinking fund for the final redemption of the bonds of the city of Ellijay, which now exists 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 Ellijay. Said commission may in its discretion upon obtaining good and sufficient security, loan to any solvent bank in this State any part of all of the said sinking fund as the same accumulates, upon such favorable terms as they may secure; provided, that said loan shall not be contracted by it for less than three per cent. per annum, payable on the first day of December 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 Ellijay. Bond commission.

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SEC. 30. 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 the said commission all taxes collected under existing laws, or which may be collected in the future, for the purpose of paying any bonded debt for the interest thereon, due by or against the city of Ellijay 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 lend 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 thereon in their wise discretion, and said mayor and councilmen shall each year appropriate a sufficient sum of money to defray the necessary expenses of the commission. Powers and duties of bond commission. SEC. 31. Be it further enacted, That said bond commission shall on the first day of December 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 money 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 bond commission. SEC. 32. Be it further enacted, That the 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, and until their successors are elected and qualified, unless removed therefrom by

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said commission, to-wit: A superintendent and engineer, and clerk (who may be the city clerk), to define the duties of each said officer, and to appoint such other agents and persons as may be necessary to carry on and operate said water works, gas and 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 in the city limits within 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 street, and for all purposes; to fix the price, time, and place of payment for use thereof, to collect and expend the income of the electric light and water works system for the purpose 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 light 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 direct 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 contract for the use of the

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water and lights for longer than two years, nor shall they, by contract, limit or restrain their power, or that of their successors, or to modify or 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 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 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 and duties of commission. SEC. 33. 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 said mayor and councilmen. Malfeasance of a commissioner. SEC. 34. 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, and the mayor and councilmen shall have the right and authority to punish all persons for the violation of the same. SEC. 35. The said city shall have power to pass and adopt any and all ordinances that may 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 provided: General welfare.

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(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. Legislative powers. (2) All ordinances and resolutions shall be signed by the officers 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 reference to this title; number of 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. (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 minutes considered, adopted and perfected, and how each alderman voted thereon, and to have printed every proposed change in an ordinance and every proposed new ordinance, except emergency ordinances between the date the same is proposed and the date of the adoption and defeat, provided same can be done on terms deemed reasonable by the council. Every application for the granting of a franchise shall be published by the applicant in a local newspaper at least ten days before action by council thereon. (4) In addition to the minutes there shall also be a separate ordinance book in which all ordinances shall

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appear after passage and approved by the mayor, or over his veto which book shall be in the custody of the city clerk and at all times open for public inspection. (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 resolutions shall pass notwithstanding the disapproval of the mayor. If three-fifths 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; and if the affirmative vote shall be less than three-fifths, same shall be defeated. Any member may demand that the roll be called when voting upon such questions, and in the event the exact vote shall always appear upon the minutes. (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.

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(7) Three aldermen (including the presiding officer but not the mayor) shall constitute the quorum of the board of council for transaction of any business or the passage of any legislation. (8) Nothing herein shall affect the validity of any existing ordinances of the mayor and city council of Ellijay until same shall have been repealed hereafter. (9) The board of council may, in their discretion, modify and publish the laws and ordinances of said city. SEC. 36. Said city shall have the right, power and authority, to move 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 owner of the property abutting on said sidewalks, according to frontage owned by them thereon. 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 the cost thereof upon the owners of the property abutting upon the sides of the streets, alleys or ways so improved, according to frontage. (2) Said city is hereby empowered to enforce the payment of assessments herein provided for by execution 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 the property owners and others

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affected, which publication shall be after the first reading and before the final passage of such ordinance. SEC. 37. Said city of Ellijay shall have the right, power and authority to assess, levy and collect the tax upon all property, real and personal, within the limits of the city, not to exceed one-half of one per centum ad valorem except in cases of extraordinary emergency the mayor and council may by ordinance increase said tax rate to [frac34] of one per centum, 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), on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kinds of tables, tenpin alleys, and similar devices, butcher shops, livery stables, 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 power. Taxing power. (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 taking such returns, and shall have the power and authority to enforce the collection of taxes, both ad valorem and specific, by

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execution issued by the city clerk, and bearing the 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 sale 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 any such tax executions and other executions, or they may be levied and collected by the sheriff of Gilmer county. They shall be directed to such officers in the alternative. (2) Said city may require the registration of any business subject to any business or occupation tax, and may prescribe a penalty for engaging in any such business without registering the same and paying the tax or either. Registration tax. (3) Said city is empowered to require each male resident thereof between the ages of sixteen and fifty years to work upon the streets of said city as the board of council may direct, for as many as six days in each year, or in lieu of such work to pay a street or road tax of not more than four 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 to pay the tax as herein provided in case of violation of other ordinances. Street tax. (4) Be it enacted, That the mayor and council shall constitute the board of tax assessors, and shall assess for taxation the value of all property, real or personal, in said city; and shall have all the powers of the court to compel the attendance of parties and witnesses, and to enforce the same by attachments for contempt, such attachment to be returned to the police court, and the

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offenders, if convicted to be punished as if in contempt of said court. However it is hereby provided, That in the event that the said mayor and council shall assess any property at more than its worth the property owner shall have the right to arbitrate the value by selecting a disinterested party, and the mayor and council select a disinterested party; and these two to select another in case of disagreement and their decision as to the value of the property to be final. Tax assessors. SEC. 38. In addition to the powers hereinbefore granted the city of Ellijay shall have power: Police powers. (1) To regulate butcher shops and pens, tan yards, 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 of same whenever they prove dangerous or injurious to health. (2) To regulate and control blacksmith shops, forges and chimneys and to cause the same to be removed and remedied as safety may dictate; to create fire limits; to regulate the construction of doors, exits and steps in places of public gatherings. (3) To regulate the hotels and public houses within said city to revoke the license of same when they become disorderly. (4) To take up and empound dogs, horses, mules, cattle, hogs or other animals running at large, and to regulate and control the keeping of stock and other animals within the city, to forbid the keeping of hogs within the city, or to confine the same to particular localities. Live stock.

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(5) To require the owners of lots to drain same, to fill up excavations and depressions, and upon their failure to do so to proceed as in case of nuisance. Drainage. (6) To regulate all vehicles of all kinds and character used in the city for profit in the transportation of passengers, freight, or both; to provide for inspection of same, and to fix the rates and fares of carriages thereon. Street hacks. (7) To regulate by ordinance, blind tigers, lewd or disorderly houses, vagrants and infringements upon the Sabbath. Vice and vagrancy. (8) To construct and extend sewers into 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 as in case of assessment for paving. Sewerage. (9) To regulate all machinery including stationary and locomotive engines, in the city, and to make all such necessary rules and regulations thereto as will provide for the safety, health, and convenience of the citizens of the city. Dangerous machinery. (10) 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, land, tenements, hereditaments of what kind or nature soever within or without the limits of said city for corporate purposes. City property. (11) To organize a chaingang and put in compulsory labor thereon for those convicted of violation of any ordinance of said city. Chaingang.

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(12) 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. Dangerous structures. (13) To regulate and control or to 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. Street signs. SEC. 39. The recitals, if any tax deeds made under the authority herein granted, shall be prima facie evidence of the facts therein recited. Tax deeds. SEC. 40. In addition to the powers herein before cnumerated, said city of Ellijay shall have all the 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 welfare. SEC. 41. Said city shall issue bonds for any lawful purpose, whenever the provisions of the Constitution and the laws of the State shall have been compiled with, and no local Act or amendment of this charter shall be necessary to give the authority to call and order elections for such purposes. City bonds. SEC. 42. Be it further enacted; That the mayor and councilmen of said city shall not have power and authority by ordinance or otherwise to authorize the sale of whisky, brandy, gin, beer, ale, bitters, or any other spirituous liquors of an intoxicating nature within the

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limits of said city of Ellijay either by wholesale, retail, or any other manner, or through dispensaries. Intoxicants. SEC. 43. 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, 1909. ETON, TOWN OF, NEW CHARTER FOR. No. 99. An Act to establish a new charter for the town of Eton in the county of Murray; to grant certain 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 Eton, in the county of Murray, 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 Eton, and by that name and style 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 Eton 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

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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 purposes and interests for which the same were granted or dedicated; to acquire by gift or by 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. Eton, town of, corporate powers. SEC. 2. Be it further enacted, That the corporate limits of said town of Eton shall extend one-half mile in every direction from Brown's Furniture Store. Corporate limits. SEC. 3. Be it further enacted, That on the first Monday in September, 1909, and on the first Monday in January of each year thereafter, an election shall be held at such place as the mayor, or if he fail, the mayor pro tem 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. Election of mayor and aldermen. SEC. 4. 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 free-holders,

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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 certificates of election signed by a majority of them, to the candidate or candidates receiving the largest number of votes, which certificate shall be 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 reason said election should fail to be held on said date, it shall be held as soon thereafter as possible under the provisions above. When and how held. SEC. 5. 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 the elections of said town, who are qualified to vote for the members of the General Assembly of Georgia in Murray 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 Murray six months, and in the town of Eton 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

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the foregoing oath, shall be guilty of a misdemeanor, and on conviction, punished as such. Qualifications of mayor and aldermen. SEC. 6. 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 Murray county. All contests of such election shall be filed with the ordinary of Murray county within 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. 7. Be it further enacted, That it shall be the duty of the mayor to call a meeting of the board of aldermen on the Tuesday 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. Oath of mayor and aldermen. SEC. 8. Be it further enacted, That if there should occur a vacancy in the office of mayor, or more than one vacancy in the offic 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 vacancies; if there should occur a vacancy in the

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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. 9. Be it further enacted, That the mayor and aldermen at their first regular meeeting, or if prevented then 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. 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, subp[oelig]nas, 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, countersigned 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

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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. City officers. SEC. 10. 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 tax payers of said town of their property for taxation; and any tax payer 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 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 tax payers; 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. 11. 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

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aldermen, the clerk of the board of aldermen shall issue an execution against said defaulting tax payer, 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 tax payer owned the first day of January in the year in which it is required to be returned for taxation, and lien of 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. Collection of taxes. SEC. 12. Be it further enacted, That the costs for issuing, serving and executing all warrants, processes, writs and subp[oelig]nas, as authorized by this Act, for violation of any of the laws of the State or laws or ordinances of town, or the collection of any taxes, shall be the 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 offender or offenders, or delinquents in the case of tax executions, in the event he or they shall be found guilty of the alleged violation of any of said laws or ordinances. Fees of officers.

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SEC. 13. 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, they shall always be in his judgment. Any or all of these punishments may be imposed, and the mayor shall have authority to administer oaths, issue subp[oelig]nas 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 rioters 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 may require the immediate payment thereof, and in default of such

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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 two aldermen, or three aldermen, present, shall constitute a quorum. Powers of mayor. SEC. 14. 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, crosswalks, 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, footways, crosswalks, 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 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

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dead, and to regulate interments therein; and to provide for the regular building of houses or other structures, and for the making 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

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the giving of bail for appearance at court of persons charged with violating the ordinances; to provide for the forfeiture of the same and for the collection of the same by executions 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; 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 mayor and aldermen. SEC. 15. Be it further enacted, That all male persons between the ages of 18 and 50 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 and commutation tax.

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SEC. 16. 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 aldermen. 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 11, 1909. FAIRBURN, TOWN OF, CHARTER AMENDED. No. 14. An Act to amend the charter of the town of Fairburn, in Campbell county, Georgia, approved December 18th, 1897, and the Act of 1908, amendatory thereof, so as to extend the corporate limits of said town on the North side to include in said town about forty (40) acres in the Northeast corner of land lot number seventy-four (74) in the ninth (9) district of originally Fayette, now Campbell county, Georgia. 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 town of Fairburn, in the county of Campbell, approved December 18th, 1907, and the Act of 1908, amendatory thereof, be, and is, hereby amended as follows: Fairburn, town of; corporate limits. That the corporate limits of said town be and are hereby extended on the North side so as to include in said town about forty (40) acres of land in the Northeast corner of lot of land number seventy-four (74)

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in the ninth (9) district of originally Fayette, now Campbell county, Georgia, bounded as follows: Beginning where the original land line on the East side of said lot intersects the present corporate limits of said town, and running North along said original line to the Northeast corner of said lot, thence West along original line about ninety (90) rods half across the Northern boundary of said lot of land to the line of C. B. Dorris' land, thence South to the present corporate limits of said town, thence Easterly along said present limits to the starting point. 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 4, 1909. FAIRBURN, TOWN OF, CHARTER AMENDED. No. 15. An Act to amend the charter of the town of Fairburn, in Campbell county, Georgia, approved December 18, 1897, and the Act of 1908, approved August 17, 1908, amendatory thereof, so as to take said town of Fairburn out of Fairburn school district, and to provide for the establishment of a system of public schools in and for said town, and the submission of the question of local taxation for the support of said system of public schools to a vote of the qualified voters of said town, and for the election of members of the board of education of said town, and for other purposes. SECTION 1. Upon recommendation of the governing authorities of the town of Fairburn, in Campbell county,

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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 18th, 1897, and the Act of 1908, approved August 17, 1908, amendatory thereof, be and is hereby amended as follows: That Section 4 of said Act of 1908 be, and the same is, hereby repealed, and the following inserted in its stead as Section 4, to-wit: Fairburn, town of; public schools. Be it further enacted by the authority aforesaid, That the town of Fairburn be taken out of the Fairburn school district and that said town be allowed to create a system of public schools for said town, and that said system shall be established, conducted, maintained, supported and provided for by local taxation, and otherwise in the manner hereinafter provided in this Act; 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 said town of Fairburn, 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 schools, and all persons residing in said town who were qualified to vote in the last regular election in Campbell county, and all who have become qualified since to vote in the elections of Campbell county, shall be entitled to vote in the election herein provided for. All voters who favor such local taxation for public schools shall have written or printed on their ballots `For Tax for Public Schools,' and those who oppose shall have written or printed on their ballots `Against Tax for Public Schools,' and in case two-thirds of the votes cast at such election shall be for tax for public

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schools, then it shall be the duty of the mayor and aldermen of the town of Fairburn, annually, to raise by taxation a sufficient sum to carry out the provisions of this Act, in the manner hereinafter provided. The mayor and aldermen shall give public notice of this election, for two weeks prior to said election, posted in two public places in said town. Said election to be conducted in the same manner as other elections provided for said town. The return of said election shall be made to, and the result declared by said mayor and aldermen of the town of Fairburn. Should `For Tax for Public Schools' fail to receive the necessary two-thirds of the votes cast at said 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 town. SEC. 2. Be it further enacted by the authority aforesaid, That Section 5 of said Act of 1908 be, and the same is, hereby amended as follows: By striking from the fifth line of said Section the words elected and and striking from the 13th line of said Section the words to be elected as follows. Also, inserting before the word on in the 14th line of said Section the following letters and words: C. B. Vickers, R. P. McLarin, C. H. Davenport, C. B. Dorris and J. H. Longino are hereby constituted members of said board of education for the year 1909, and until their successors are elected and qualified. Also, by striking the figures 09 in the 14th line of said Section and inserting in lieu thereof the figures 10, so that said Section, as amended, shall read as follows: Be it further enacted by the authority

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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 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 under 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: C. B. Vickers, R. P. McLarin, C. H. Davenport, C. B. Dorris and J. H. Longino are hereby constituted members of said board of education for the year 1909, and until their successors are elected and qualified. On the first Saturday in January, 1910, 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 term 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 alderman of such town, and

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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. 3. Be it further enacted, That Paragraph 2, of Section 11, of said Act of 1908, be, and the same is, hereby amended as follows: By inserting after the word practice and before the word in in the second line of said Paragraph 3, the words after their qualification, so that said Paragraph, when amended, shall read as follows: The said board of education shall estimate as early as practical after their qualification in each year, what amount of money is necessary to raise that year for the support of said school, not to exceed one-half of one per cent. per annum, and shall place the estimate before the mayor and aldermen of said town. Support of schools. SEC. 4. Be it further enacted, That Paragraph 4, of Section 11, of said Act of 1908 be, and the same is, hereby amended by adding to the end of said Paragraph the following words: Provided, that it shall be the duty of the mayor and aldermen of said town, to levy a tax on all the property subject to taxation by said town for the year 1909, in addition to what has already been levied, sufficient to raise whatever amount of money that may be estimated and placed before the mayor and aldermen of said town by the said board of

Page 895

education as necessary for the support and maintenance of said system of public schools, not to exceed one-half of one per cent. to be levied and collected under such rules and regulations as the mayor and aldermen may prescribe. School tax. SEC. 5. 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 4, 1909. FIVE FORKS, TOWN OF, NAME CHANGED TO COLBERT AND CHARTER AMENDED. No. 80. An Act to amend An Act to incorporate the town of Five Forks, in the county of Madison; 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 December 8th, 1899, so as to change the name of said town to Colbert and authorize the mayor and council to levy and collect a tax upon all real and personal property in said town not exceeding fifteen cents on each one hundred dollars worth of property owned by the citizens living within the limits of said town, and to authorize the election of three assessors of property, 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 one of the original Act of 1899, page 197, be amended by striking the words

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Five Forks, in the fifth line of said Section, and inserting in lieu thereof the word and name Colbert. Colbert, town of. SEC. 2. Be it further enacted by the authority aforesaid, That Section three of said printed Act of 1899, page 197, be amended by striking the word concluded, in the 9th line of said Paragraph three, and inserting in lieu thereof the word conducted. SEC. 3. Be it further enacted by the authority aforesaid, That Section 9 of said original Act of 1899, page 198, be amended by striking the words one-tenth of one per cent. of the State tax, in the second and third lines of said Section nine, and inserting in lieu thereof the words one and one-half per cent. (.015) ad valorem. SEC. 4. Be it further enacted by the authority aforesaid, That said original Act be amended by adding the following Section: (a) SECTION 15. Be it further enacted, That the mayor and council of the town of Colbert, in the county of Madison, shall have the right, from and after the passage of this Act, to appoint or elect three city assessors annually, whose duty it shall be to assess all the real and personal property within the corporate limits of said town for the purpose of taxation. Said assessors so appointed shall be bona fide residents of the said town of Colbert, more than twenty-one years of age, and shall be freeholders and upright, intelligent citizens, who shall serve for one year. And said mayor and aldermen shall have power and authority to collect a tax upon any and all persons doing or carrying on within the limits of said town any business, trade, calling or vocation whatever. City assessors.

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SEC. 5. Be it further enacted by authority aforesaid, That from and after the passage of this Act, that all laws and parts of laws, in conflict with same be, and are, hereby repealed. Approved August 11, 1909. FORSYTH, CITY OF, CHARTER AMENDED. No. 195. An Act to amend an Act approved December 18th, 1902, being an Act to codify the various Acts incorporating the city of Forsyth, and an Act amendatory thereof, approved August 19, 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, from and after the passage of this Act, being an Act to amend an Act, approved December 18th, 1902, codifying the various Acts incorporating the city of Forsyth and an Act amendatory thereof, approved August 19th, 1907, that said Act, approved December 18th, 1902, be and the same is, hereby amended by inserting in the fifth line of Section 9 of same Act, between the word opened and the words to provide, the following: That the mayor and aldermen of the city of Forsyth shall have the right of eminent domain, and shall have the power and authority to condemn private property, both within and without the corporate limits of said city, whenever, in their judgment, the same shall be necessary and expedient, and for the best interests of said city. The condemnation proceedings in such cases to be as is provided in

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Sections 4657 to 4686 inclusive, of the Code of 1895, and the several Acts of the General Assembly amendatory thereof. Forsyth, city of. Condemnation. SEC. 2. Be it further enacted, by the authority afore said, That said Section 9 be further amended by striking out all of said section between the word there upon, in the thirteenth line thereof, and the word and in the fifteenth line thereof, and inserting in lieu thereof, the following: That the said mayor and aldermen of said city shall have full power and authority to establish, construct, maintain, own, and operate a system of sewerage and drainage in said city and to extend the same beyond the limits of said city for the purpose of getting a proper outlet for the mains or pipes; for the health, cleanliness and comfort of the inhabitants thereof, and the said mayor and aldermen shall have entire and absolute control and jurisdiction over all pipes, drains, water closets, and sewers in said city, with full power to prescribe the location, construction and use, and to make such regulations concerning them as may seem best for the health and comfort of the inhabitants of said city; that to this end the said mayor and aldermen of said city of Forsyth shall have power and authority to exercise the right of eminent domain in the construction of said system of sewerage and drainage as above provided. Sewerage. SEC. 3. Be it further enacted by the authority aforesaid, That the Act approved August 19th, 1907, being an Act to define and extend the limits of the city of Forsyth be, and the same is, hereby amended by striking all of Section 3 of said Act and inserting in lieu thereof, the following, to be known as Section 3 of said Act:

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Where as many as five property owners on any street in the city of Forsyth shall file their petition with the mayor and aldermen of said city, asking that the water mains, sewers or electric lines shall be extended on their street, or streets, where it does not exist, it shall be the duty of said mayor and aldermen, within one year after the filing of said petition, to extend its water main, sewers or electric lines, as may be asked for in said petition, and refusal or failure to extend in time given, shall exempt said petitioners and others on said street from taxation for support of water [Illegible Text], sewers or electric lights, as the case may be, until said privileges are granted; provided, said petitioners obligate themselves to become users thereof for at least one year, under regulations of said mayor and aldermen. Extension of sewers and electric lines. SEC. 4. Be it further enacted by the authority aforesaid, That the Act approved December 18th, 1902, be further amended, by adding after the word state, in the 26th line of Section 14 of said Act and before the word and, the following: That at the first meeting of said mayor and aldermen after the first day of January, 1910, and annually thereafter, to direct and require the treasurer of said city to deposit all city funds in such chartered bank in said city that may submit to said mayor and aldermen in a sealed written communication, after due notice given to all chartered banks in said city, by the mayor thereof, the highest [Illegible Text] of interest on said deposit, provided, said bank makes a satisfactory bond, payable to said mayor and aldermen of said city of at least Five Thousand dollars, for the return of all moneys deposited by the treasurer of said city. In the event that no interest is offered

Page 900

for said deposit, the majority of the aldermen may direct how and where said money may be deposited. Public funds. 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 14, 1909. FORT VALLEY, CITY OF, CHARTER AMENDED. No. 119. An Act to amend the charter of the city of Fort Valley; to provide for the creation of a board of water and light commissioners of said city; to enlarge and extend the limits of said city so as to take in and include the city cemetery, 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 of water and light commissioners for the city of Fort Valley, to consist of four members, and to be appointed and elected as hereinafter provided and with the powers and duties hereinafter specified. Fort Valley, city of; light and water commissioners SEC. 2. That any citizen of said city qualified to vote for the mayor and council of said city shall be eligible for the office of commissioner upon said board, and that the duties of said board of water and light commissioners shall be the same with reference to the city of Fort Valley as were the duties of the board of water and sewers of the town of Fort Valley, under the provisions of the Act of the General Assembly approved December 27th, 1890, except that in addition to the

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powers, duties, and rights of said board of water and sewers under said Act, the board of water and light commissioners herein provided for shall have the same powers, duties and rights over, concerning and appertaining to the lighting plant and the entire subject and business of the city in furnishing lights for the streets and for private use by the citizens of Fort Valley. Powers and duties of commissioners. SEC. 3. That F. O. Miller, A. J. Evans, O. G. Singleton and A. B. Greene shall be and constitute the members of said board of water and light commissioners until their successors are elected as hereinafter provided and duly qualified, and that F. O. Miller and E. J. Evans shall serve as members of said board until their successors are elected, which will be at the time of holding the next election within said city to fill the offices of mayor and council of said city in 1910, and that their successors shall be elected for a term of four (4) years from date of said election. That O. G. Singleton and A. B. Greene shall serve as such commissioners until the election and qualification of their successors; said commissioners to be elected at the time of the holding of the regular election for mayor and council of said city in the year 1912, and that all the members of said board of water and light commissioners shall be elected for a term of four (4) years from the date of their several elections. Be it further enacted, that the board of water and light commissioners shall be governed by the provisions of the Act approved December 27th, 1890, as to the discharge of all their duties as such commissioners. [In case of any casual vacancies in the office of water and light commissioner, such vacancies shall be filled in the same manner as vacancies are filled in the office of aldermen of said city]. Appointment and election of commissioners.

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SEC. 4. Be it further enacted, That the charter of said city of Fort Valley be amended as follows: That the corporate limits of said city shall include, in addition to the territory set out in the charter of said city, the public road or highway leading to the city cemetery for white people, said road or highway extending upon each side thirty (30) feet from the center of said public road or highway, and also all of said cemetery now laid off into lots or fenced, or that the city had acquired the right and title to for cemetery purposes, and that all of said road or highway and of said cemetery shall for all purposes and intents be a part of said city, and that the jurisdiction of mayor and council over said territory shall be complete. Corporate limits. SEC. 5. Be it further enacted, That nothing in the charter of said city shall be construed as in any way affecting or invalidating the Act of the General Assembly creating a system of public schools for the town of Fort Valley, and providing for a board of school commissioners for the town of Fort Valley, but it is hereby enacted that the system of public schools created by the Act providing the system of public schools for the town of Fort Valley shall in all respects remain of full force and authority as the system of public schools for the city of Fort Valley, and that nothing in the charter of said city of Fort Valley now of force shall be construed as in any way impairing said system of public schools. Public school system. 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 August 13, 1909.

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FRY, TOWN OF, INCORPORATED. No. 34. An Act to incorporate the town of Fry, in the county of Fannin, 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. 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 Fry in the county of Fannin, State of Georgia be, and the same is, hereby incorporated under the name and style of the town of Fry, with the municipal government thereof vested in a mayor and four councilmen, who are hereby constituted a body corporate, and by that name and style shall have perpetual succession; shall have a common seal and be capable in law to have and to hold, receive and enjoy possession and retain to them and their successors, for the use of the said town of Fry, any estate, real or personal of whatsoever kind or nature, and shall by the said name of the town of Fry be capable to sue and be sued, plead and be impleaded in any court of law and equity in this State. Fry, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Fry shall be as follows: Beginning at an iron pipe on the corner of the property of the Tennessee Copper Company and also located on the State line between the State of Georgia and the State of Tennessee and running with said State line in a westerly direction a distance of one-half mile; thence a straight line in a southerly direction for a distance of one-half mile to the

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original land corner between the lands of Harvey Shafer heirs, Will Seagraves, Jack Walden and Wess Queen; thence a straight line in an easterly direction for a distance of one-fourth of a mile to a large rock on the lands of the Whit Fry heirs; thence a straight line a northerly direction for a distance of three-fourths of a mile to the beginning point. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That on the first Saturday in October, 1909, and every year thereafter, there shall be held in said town an election for mayor and four councilmen who shall hold office for one year and until their successors are elected and qualified. Until the first election provided for and until their successors are elected and qualified the following named persons, to-wit: Mayor, T. L. Harper; Councilmen, J. L. Ensley. J. F. Jones, W. M. Suit, D. A. Jones and Samuel Patterson are hereby constituted the officers in charge of said town government. Mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That all elections for officers of said town shall be held at a place in said town to be designated by said mayor and councilmen, and of which said place notice shall be given to the voters of said town previous to the day of said election, and the polls shall open at nine o'clock a. m. and close at three o'clock in the afternoon. Said election shall be under the superintendence of two or more freeholders of said town. Each of said managers, before entering upon his said duties, shall take an oath before a person authorized to administer oath, or before each other, that he will faithfully and impartially conduct said election and prevent all illegal voting. No person shall be allowed to vote at said election

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unless he is qualified by law to vote for members of the General Assembly and has paid all town taxes. SEC. 5. Be it further enacted by the authority aforesaid, That in case of a vacancy in any of the offices of mayor and councilmen, by death, resignation or otherwise, all authority is hereby given to the remaining councilmen to fill such vacancies. Vacancies. SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilman unless he has been a bona fide resident of said town for three months prior to the election, and is a qualified voter. The persons elected shall be notified of their election by the managers and they shall on the following Monday next after the election, or so soon thereafter as may be practicable, take the oath of office before some person authorized to administer oaths, which oath shall be in writing and entered on the minutes of council, and which shall be as follows: I,....., do solemnly swear, or affirm, that I will well and truly perform the duties of mayor or councilman of the town of Fry by adopting such measures as in my judgment will be best calculated to promote the general welfare of said town, and not violation of this charter, so help me God. Qualifications of mayor [Illegible Text] councilmen. SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power, should they see fit to do so, to elect a mayor pro tem, a clerk of council, a town treasurer, and a town marshal, and such policemen as they may deem necessary and proper, and to hold their offices for such time and under such rules and regulations as the mayor and council may prescribe in their ordinances. Before entering

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on the discharge of his duties, the marshal shall take and subscribe to an oath to faithfully perform the duties of his office. Said marshal and treasurer shall enter into a bond with good security in an amount to be fixed by the mayor and council for the faithful performance of their duties. The mayor and council may also appoint special police for emergencies. Officers. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to assess, levy and collect such taxes, not exceeding one-fourth (1/4) of one per cent. upon all and every species of property, real and personal, within the limits of said town, except church and school property once in each year, and a time of assessing and collecting taxes shall be fixed by ordinance of the council; also to levy and collect such special taxes, business, occupations, theatrical exhibitions, including circuses and shows, and all kinds of itinerant traders, peddlers, auctioneers and all other trades, games and occupations, subject to special tax under the State law, as they may deem proper; provided, that no tax shall be levied upon persons selling country produce, when the same is grown or produced by the vender or person for whom the vender is acting. The mayor and council shall have power to impose such rules and regulations for the purpose of enforcing the payment and collection of taxes above enumerated not inconsistent with the Constitution and laws of the State, and the mayor of said town is hereby vested with authority to issue executions for such fines and taxes as may become due said town. Such sales may be made, in case of levy on personal property after ten days' advertising in said town, at the place to be designated by said council for said sale and in case of

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levy on real estate by return to sheriff of Fannin county, who shall advertise and sell in same manner as prescribed by State law for levies made on real estate and returned by constable. Taxing power. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have power and authority to open, change or abolish streets and sidewalks in said town, and may require and compel all persons residing in said town who may be subject by law to road duty, to work on the streets and sidewalks of said town not to exceed five days in each year in said town, or may receive in lieu thereof a commutation from such persons not to exceed two dollars and fifty cents a year, and the mayor of said town shall have the same power and authority to punish defaulters as the board of roads and revenues of said county now have. Streets. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have the power and authority to exercise the power of eminent domain and to condemn private property in laying out and extending new streets, or widening streets in existence, upon first paying just and adequate compensation or damage therefor, condemnation proceedings to conform to the Acts of eighteen ninety-four (1894) page 95, embodied in Section 4657 et seq., of the Code, Volume 2. Condemnation. SEC. 11. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have power to prescribe all ordinances and adequate penalties for the violation of the ordinances of said town, and to punish offenders by fines not exceeding fifty dollars ($50.00) or labor on the streets of said town, or on

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the public works of said town, or confine in the guard house not to exceed sixty days, either one or all of these penalties may be imposed, in the discretion of the court trying such offenders; fines to be collected by execution issued by the clerk of said council, or the mayor, against all property of the offender, and shall have power to pay such fines, as may be imposed, not including sixty days in guard house. Punitive powers. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or his inability from any cause to serve, the mayor pro tem, and in absence or inability of both to act, then any member of the council shall have full power and authority to hold, at such times and places and under such rules and regulations as may be prescribed by ordinance, a mayor's court for said town for the trial of offenders against the ordinances, rules, regulations and by-laws of said town, and impose such penalties for violation thereof as is provided in the preceding Section. Mayor's court. SEC. 13. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor except a qualified voter in said town and a freeholder. The mayor and council are hereby authorized to prescribe by ordinance the duties of mayor, mayor pro tem, and other officers of said town. Qualification of mayor. SEC. 14. Be it further enacted by the authority aforesaid, That the said mayor and council shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town, to secure and promote the good health thereof not repugnant to the Constitution and laws of the State; to provide places for the burial

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of the dead, and to regulate interments; to make all necessary fire regulations, to abate nuisance, to protect the public health and promote peace and good order in said town. General welfare. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor, mayor pro tem, and each and all the councilmen shall have, and are hereby vested with full power and authority of justice of the peace to issue warrants against offenders against the laws of this State, to hold courts of inquiry and to commit to jail or bind over such offenders to appear at the proper court having jurisdiction to try such offenders. Mayor and councilmen, exofficio, justices of the peace. SEC. 16. Be it further enacted by the authority aforesaid, That the cost of issuing, serving or executing all executions, summons, processes, writs and subpoenas for this Act, as authorized by this Act, shall be the same as prescribed by laws governing justice courts. SEC. 17. 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 6, 1909. GILLSVILLE, TOWN OF, CHARTER AMENDED. No. 175. An Act to amend an Act to establish and create a charter for the town of Gillsville, in Hall and Banks counties, Georgia, approved December 16th, 1901, so as to authorize the mayor and council of said town of Gillsville, in the counties of Banks and Hall, to purchase a lot and to erect thereon a suitable public school

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building, and to furnish and equip said building for school purposes; also to authorize the mayor and council of the said town of Gillsville, Georgia, to assess, levy and collect a tax to pay for said lot, and for the erection of said school building and for the furnishing and equipping thereof for school purposes; or to submit to the qualified voters of the town of Gillsville, Georgia, the question of issuing bonds of said town of Gillsville, Georgia, not to exceed the sum of four thousand dollars ($4,000.00) in the aggregate, said bonds to be issued in such denominations and to bear such rate of interest, and to run such length of time, (not over twenty years, however) as the mayor and council of said town of Gillsville may hereafter decide to submit to the qualified voters of said town of Gillsville, for their determination, for the purchase of a lot for school purposes, the erection thereon of said school building, and the proper equipment thereof; also to assess, levy and collect a tax annually to pay the accruing interest on said bonds, and also to pay off said bonds when they mature; also, to provide for a school board for said town of Gillsville, Georgia, 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 same, That an Act entitled, An Act to establish and create a charter for the town of Gillsville, in Hall and Banks counties, Georgia, to grant certain powers and privileges to the same, and for other purposes, approved December 16th, 1901, shall be and same is, hereby amended by adding thereto the following: Gillsville, town of;

Page 911

SEC. 28. That the mayor and council of the town of Gillsville shall as soon as practicable after the passage of this Act, submit to the qualified voters of the town of Gillsville, the question of issuing bonds of said town, not over four thousand dollars ($4,000.00) in the aggregate, for the purpose of purchasing a lot in said town of Gillsville, the erection of a suitable school building thereon and the proper equipment thereof. Notice of said election shall be given by the mayor and council of said town by publishing the same in the newspapers in which the sheriff's sales are advertised in the said counties of Hall and Banks, for the term of thirty days prior to said election, in which notice all of the qualified voters of the said town of Gillsville shall be notified that on the day therein named an election will be held at the usual place for holding elections in said town for mayor and council, to determine the question whether bonds of said town shall be issued as proposed; and, furthermore, said notice shall specify for what amount the said bonds shall be issued, for what purpose, what rate of interest they shall bear, how much principal and interest to be paid annually, or semi-annually, and when said bonds are to be paid in full. Said election shall be held under the same rules and regulations and in the same manner as now required by law for the election of the mayor and council of the town of Gillsville, and the qualifications of the voters in said election shall be the same as those of the voters in the regular elections held in said town of Gillsville, for mayor and council thereof, and returns shall be made and the result of the election declared in the same way as the returns are made and the results declared at the regular elections in said town for mayor and council of said town. At said election

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those in favor of the purchase of a lot, the erection thereon of a suitable school building, and the proper equipment thereof, shall have written or printed upon their ballots, the words For bonds for school building, and those opposed to the purchase of a lot for the erection thereon of a suitable school building, and the proper equipment thereof, shall have written or printed upon their ballots, the following words: Against bonds for school building. If it shall appear from the returns after said election that two-thirds of the persons qualified to vote in said election have east their ballots For bonds for school building, then so much of the amendatory Act which applies to the purchase of a lot, the erection thereon of a school building and the proper equipment thereof, shall be declared to be adopted and shall immediately become operative; and said mayor and council of the town of Gillsville shall, as soon as practicable thereafter, proceed to purchase said lot, to erect thereon a suitable school building, and to properly equip the same, taking the deeds to said lot in the corporate name of the mayor and council of the town of Gillsville, and letting the contract for the erection of said school building, and the proper equipment thereof, in the same names. If, on the other hand, it shall appear from the returns after said election that the result of said election has been Against bonds for school building, then the mayor and council of the town of Gillsville, in their discretion by giving notice, as hereinbefore provided for, may submit the same question at the next or any subsequent election for mayor and council of the town of Gillsville, until said election For bonds for public school building has been carried. Bonds for school buildings.

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SEC. 29. Be it further enacted by the authority aforesaid, That in the event said election shall result favorably for the issuance of bonds for the purchase of said lot, the erection thereon of a suitable school building, and the proper equipment thereof, then and in that event said mayor and council of the town of Gillsville, shall within the time now required by law, proceed to have said bonds properly and legally validated. SEC. 30. Be it further enacted by the authority aforesaid, That immediately after the validation of said bonds, the mayor and council of said town of Gillsville shall prepare, issue and sell the bonds of said town, according to the specifications of said notice calling the election for bonds, and also for the amount therein designated, the same not to exceed the sum of four thousand dollars ($4,000.00) in the aggregate, or so much thereof as may be necessary for the purchase of said lot, the erection thereon of a suitable school building and the proper equipment thereof, and all of the Acts hereinbefore enumerated in this Act, shall be done in accordance with Paragraphs one and two, Section seven, Article seven, of the Constitution of this State, and the sixth title, third Sections 377 to 380, inclusive, of Volume one of the Code of 1895. Said bonds shall run for a term not longer than thirty (30) years and may be issued in such denominations as the mayor and council of said town of Gillsville may see proper, and be at whatever rate of interest said mayor and council may see fit to name, which interest may be made payable either annually, or semi-annually, as said mayor and council may hereafter designate. Sale of bonds.

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SEC. 31. Be it further enacted by the authority aforesaid, That at the time of issuing any of said bonds, and annually thereafter, the mayor and council of the town of Gillsville shall provide for the assessment, levy and collection of an annual school bond tax, in addition to all other taxes now authorized by law, and of sufficient amount to promptly pay the principal of all or any of said bonds as they hereafter mature. School bond tax. SEC. 32. Be it further enacted by the authority aforesaid, That should the election hereinbefore proyided for result favorably for said bonds, then it shall be the duty of the mayor and council of said town of Gillsville, as early as practicable, after said election for bonds has been declared in favor of bonds, to proceed to elect four persons, who are bona fide residents of and qualified voters in the said town of Gillsville, who shall constitute the School Board in and for said town of Gillsville. The terms of the members of the said school board shall be four years each, except of those members who are elected at the first election thereof by the mayor and council of said town of Gillsville, one of which members, at said first election shall be elected for the term of one year, one for the term of two years and one for the term of three years and one for the full term of four years, and each member of such board for the full term of four years thereafter, or until their successors are duly elected and qualified. In cases of resignation from said school board, removal from said town, or the death of any member of said board, causing a temporary vacancy, then and in either of those events, the mayor and council of said town of Gillsville shall immediately after such vacancy occurs proceed to elect a suitable person to serve out the remainder of the unexpired term

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of the member whose death, removal from said town, or resignation has caused a vacancy in said school board. School board. SEC. 33. Be it further enacted by the authority aforesaid, That said school board shall as soon as practicable, after the election thereof by the mayor and council of said town, organize said board by electing a chairman and vice-chairman from among their own number, and a suitable person, either from among their own number or from among the qualified voters of said town of Gillsville, as clerk of said school board; and all of these officers shall thereafter be elected annually at the first regular meeting of the school board after the election thereof by the mayor and council of said town. The chairman of said board shall be the executive officer thereof, with full power and authority to do and perform all duties necessary to the proper conduct of said school when said school board is not in session. The treasurer of said town of Gillsville shall be ex-officio treasurer of the said school board and shall receive such extra compensation for his services as treasurer of said school board as said board may see fit to allow him, the amount of said compensation to be decided upon and fixed at the first regular meeting of said school board, after the election thereof by the mayor and council of said town. No member of said board shall receive any compensation whatever for his services as such member, but each member thereof shall be exempt from all street taxes levied by said town of Gillsville, Georgia. Officers of board. SEC. 34. Be it further enacted by the authority aforesaid, That said school board shall keep a record of their proceedings, which record shall be signed by the chairman or in the absence of the chairman, by the vice-chairman,

Page 916

and also by the clerk of said board; and all books, records and minutes kept by said board shall at all times be open to the inspection of the public. Records of board. SEC. 35. Be it further enacted by the authority aforesaid, That said school board shall determine upon the number of teachers, and have charge of the election of all teachers of the school in the town of Gillsville, Ga., the fixing of the terms of said schools; the salaries of said teachers, and the duties which they are to perform; which schools and teachers shall be under their exclusive supervision and control, and under such rules and regulations as said school board may see fit to adopt from time to time. Said school board shall have the power to make such rules and regulations, (not contrary to the laws of this State) as they may see fit and proper for the government of themselves, their respective officers, and the teachers and pupils in said school in said town of Gillsville, and to elect, appoint and employ for said schools necessary teachers, prescribe their duties, fix their salaries and remove them at will. Control of schools. SEC. 36. Be it enacted by the authority aforesaid, That immediately after this Act goes into effect, and after the election has resulted favorably for bonds for the purchase of the lot, the erection of a school building thereon and the proper equipment thereof, the boards of education in the counties of Banks and Hall shall not, after the completion of said school building in the town of Gillsville, Georgia, contract with any person or persons to teach a school of any character in said town, except such person or persons as are elected as teachers in such school by the said school board for the town of Gillsville, Georgia, nor shall said county boards of education establish any public schools within

Page 917

the incorporate limits of the said town of Gillsville, Georgia, nor have any voice or authority in the management of the schools established as hereinbefore provided for in said town of Gillsville, but said schools shall be left exclusively to the management and under the control of the local school board of said town of Gillsville, and it shall furthermore not be lawful for said county boards of education of Banks and Hall counties, to establish and maintain, or to continue to maintain any public schools within one mile of the corporate limits of said town of Gillsville, Georgia. County schools. SEC. 37. Be it further enacted by the authority aforesaid, That all white children who are entitled to the benefit of the public school funds under the laws of this State, whose parents are bona fide residents within the corporate limits of said town of Gillsville, or within one mile of the corporate limits of said town, (and the said school board of said town of Gillsville is to determine whether they are within one mile of said corporate limits) shall be admitted to the aforesaid schools, upon the payment of such entrance or matriculation fees as said school board of said town may see fit to impose; and the said school board may, in its discretion, fix and impose such charges for tuition, matriculation and entrance fees upon all children attending said schools as in its wisdom seem fit and proper; and said school board may also in its discretion fix and impose such larger and additional entrance or matriculation fees, and such larger and additional tuition on those children attending such schools whose parents reside outside of the corporate limits of said town, over and above and in addition to the amount of incidental, matriculation, or entrance fees and tuition charged by

Page 918

them to the parents who reside within the corporate limits of said town; and may also impose upon the children whose parents are not bona fide residents of said town of Gillsville, such incidental or matriculation fees and charge them such rates of tuition as said school board may in its wisdom see fit to charge children not resident within the town of Gillsville, nor within one mile of the corporate limits of said town; and such as are not entitled to the benefit of the public school funds under the general laws of this State may be admitted to said public schools at Gillsville, Georgia, upon such terms and upon the payment of such incidental or matriculation fees and tuition charges as said school board may in its wisdom prescribe. Said school board may refuse to admit any child or children into the schools of said town and shall have the right to expel any child or children from said school, if at any time, it would in their judgment, be deterimental to the moral and general welfare of the other pupils therein to allow them to enter, or to permit them to remain in said schools. School children. SEC. 38. Be it further enacted by the authority aforesaid, That after the passage of the Act and after the erection of said school building and the election of said school board, and the election of the teachers by said school board, it shall be the duty of the principal of said school as hereinbefore provided for, at such times as the other teachers in the public schools in the counties of Banks and Hall are now required by the county school commissioners of said counties, or by the county boards of education of said counties, to make and file under oath, with the county school commissioner or the county boards of education of Banks and Hall, a full

Page 919

report of all children between the ages of six and eighteen years who have attended said schools and to designate in which county the parents of said children reside, and thereupon the said county school commissioners of the counties of Banks and Hall, shall pay to the treasurer of the town of Gillsville, who is ex-officio treasurer of the said school board in and for said town, the just proportion of school funds to which the pupils of these respective counties may be justly entitled under the laws of this State governing the distribution of the public school funds therein; the same to be paid to the treasurer of the town of Gillsville, who is also ex-officio treasurer of said local school board, at such times and in the same manner as said public school funds are paid to the teachers of public schools in counties of Hall and Banks; and shall take said local treasurer's receipt for the same as now required by the law for taking receipts from the teachers of the public schools of said State. Pro rata share of State school fund. 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 14, 1909. GLENNVILLE, CITY OF, CHARTER AMENDED. No. 183. An Act to amend an Act entitled, An Act to incorporate the city of Glennville, in Tattnal county, approved August 24th, 1905, and the amendment to said Act, approved August 22d, 1907; to fix the corporate limits of said city; to prescribe the limit for the tax

Page 920

rate to be levied for school purposes and for the expenses for carrying on the government of said city; to provide for the election of the board of education of 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 from and after the passage of this Act, an Act entitled, An Act to incorporate the city of Glennville in the county of Tattnal, approved August 24th, 1905, be and the same is, hereby amended by striking Section three of said Act, and inserting in lieu thereof the following as Section three: Glennville, city of. SEC. 3. That the corporate limits of said city shall be as follows: Beginning at the center of Barnard street at the point where Caswell street intersects said Barnard street and extending three-fourths of one mile in every direction from said point, making a complete circle. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That Section 13 of the above Act amending the charter of Glennville, approved August 22d, 1907, be amended by adding thereto at the end of said Section the following: That the taxation provided in this Section shall, in no event exceed three-fourths of one per centum on the dollar. Taxation. SEC. 3. Be it further enacted by the authority aforesaid, That Section 27 of the Act of 1905, incorporating the city of Glennville, in Tattnal county, approved August 24th, 1905, be amended by striking from said Section, in the 9th and 10th lines thereof, between the word exceed and the word but the words and figures

Page 921

one-half () of one per centum and inserting in lieu thereof the words three-fourths of one per centum. SEC. 4. Be it enacted by the authority aforesaid, That Section one of the Act amending the charter of Glennville, approved August 22d, 1907, be entirely stricken out, and the following substituted in lieu thereof, as Section 1: 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 an Act entitled, An Act to incorporate the city of Glennville in the county of Tattnal, approved August 24th, 1905, be, and the same is, hereby amended by adding thereto the following: That there shall be a board of education for said city under the corporate name of the Glennville Board of Education, with 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 the public school for and in the city of Glennville. Said board of education shall consist of five members to be elected on the second Wednesday in December, 1909, and the members of said board shall be residents of said city, and they shall be elected by a majority of those voting in said election, and the said election shall be held in the same manner and under the same method of electing the mayor and councilmen of said city, two members of said board to be elected for a term of one year, two for a term of two years, and one for a term of three years. Thereafter election for members of said board shall be held annually, in the same manner of electing mayor and councilmen of said city; provided, that no member

Page 922

of the council of said city or the mayor thereof shall be eligible to membership on said board. All vacancies in the board of education shall be filled by special election for the unexpired term only, and to be held in the same manner as the regular election for members of the board of education, and the members of said board shall hold their office 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, honestly and impartially discharge the duties of their office. The 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 which are not in conflict with the laws of this State. Board of education. SEC. 5. Be it further enacted by the authority aforesaid, That Section 22 of the Act of 1905, incorporating the city of Glennville, approved August 24th, 1905, be amended by striking out the words, If in the trial the judgment of the first trial court is reversed, the offender shall be acquitted, but if the judgment is affirmed, no further sentence shall be imposed upon the offender, and the original sentence shall be at once enforced beginning in line thirty-one, after the word court and ending in line 34 before the word unless and inserting in lieu thereof the words and said city council shall be empowered to acquit the defendant, sustain the judgment of the presiding officer of said city from whom the appeal was taken or change or alter same at their discretion. Appeals.

Page 923

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 14, 1909. GRANTVILLE, TOWN OF, CHARTER OF AMENDED. No. 41. An Act to amend the charter of the town of Grantville, in the county of Coweta, Georgia, approved December 8th, 1897, so as to authorize the corporate authorities of said town to issue bonds of said town, not exceeding the sum of twelve thousand ($12,000.00) dollars for the purpose of building and equipping public school buildings in the said town of Grantville; to provide for an election by the voters of said town on said question; to provide revenue for the payment of principal and interest of said bonds; to provide how and by whom the money realized from the sale of said bonds shall be disbursed, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That for the purpose of building and equipping public school buildings in the town of Grantville, in Coweta county, Georgia, the chairman and council of the town of Grantville are hereby authorized to issue and sell bonds of said town, not exceeding in amount the sum of twelve thousand dollars, of the denomination of five hundred dollars each to become due and payable at such time or times, not longer than twenty years after the issue thereof, as said chairman and

Page 924

council may determine, and to bear interest not exceeding six per cent. and payable annually at such time and place as the said chairman and council may determine. Said bonds shall be signed by the chairman and ex-officio mayor and countersigned by the clerk and treasurer of said town; shall have coupons attached to them for each installment of interest, which coupons shall be signed by the clerk and treasurer of said town. Only so much of said bonds shall be issued as the chairman and council may deem necessary for the purpose as above stated. Before issuing said bonds the question of issuing the same shall be submitted to the qualified voters of the town of Grantville, on a day to be designated by said chairman and council, notice of which shall be published in the newspaper in which the sheriff's advertisements or the county of Coweta are published, and by posting notice of the time in three public places in said town of Grantville, thirty days before the election. All persons voting in said election shall have written or printed on their ballots, For bonds, or the words, Against bonds; and if two-thirds of the qualified voters of said town, qualified to vote at said election, to be ascertained according to the provisions of Section three of this Act, shall be for bonds, the chairman and council shall issue said bonds provided the same shall not be sold for less than par value. And for the purpose of providing for the payment of the interest on the bonds so issued and negotiated, as well as to provide for the payment of the principal when the same may become due, the chairman and council are authorized and required to levy and collect such tax annually upon the taxable property in said town as will be necessary to carry out the provisions

Page 925

of this Section, and said chairman and council shall also provide a sinking fund for the redemption of said bonds as the principal thereof may become due. Said chairman and council shall have the right, after ten years, to call in and retire said bonds as fast as they deem proper, and such right shall be incorporated in said bonds. Grantville, town of; school bonds. SEC. 2. Be it further enacted, That full authority is hereby given to the chairman and council of said town to use the proceeds of said bonds in building and equipping said school buildings. Proceeds of bonds. SEC. 3. Be it further enacted, That prior to any election hereafter had under the provisions of this Act, there shall be registration of the persons qualified to vote at such election, which registration shall be held at least ten days prior to the day of the election. Said registration shall be made by the clerk of the council of said town in a book kept open for that purpose. No person shall be allowed to register who has not been a bona fide resident of said town for sixty days prior to said election, and who is not qualified to vote in the general election of said town and for members of the General Assembly. A list of the persons registered for the said election shall be posted at the council room door eight days previous to said election. It shall be lawful for any tax payer of the town of Grantville to contest the legality of the registration of any voter by filing notice thereof with the chairman and ex-officio mayor of said town, with the grounds thereof, after the close of said registration, and not less than five days before the election. The chairman and council shall proceed in a summary way to hear said contest, and, after due notice to the person whose right to register

Page 926

is contested, have the right to direct the names of such persons found to be illegally registered, if any, to be stricken from the list. The decision of said chairman and council shall be final. Said registration so made shall be conclusive as to whom of the qualified voters of said town of Grantville are entitled to vote at said election. The clerk of the council shall, on the day appointed for an election under this Act, and before the polls are open, furnish to the superintendents of said election a list of the persons registered for said election, arranged in alphabetical order. Any person who shall vote at any election held under this Act, who is not entitled to vote, shall be guilty of a misdemeanor, and on conviction be punished as for a misdemeanor. Registration of voters. SEC. 4. Be it further enacted, That all elections held under the provisions of this Act shall be held under the same rules and regulations as govern other elections in said town, and the qualification of voters shall be such as is heretofore stated, except that no person shall be allowed to vote at any election held under this Act, who is not specially registered for said election as is provided in Section 3 of this Act. The superintendents of said election shall make returns thereof to said chairman and council, who shall open said returns in open session at 9 o'clock a. m. on the day next succeeding the election, unless said election shall be held on a Saturday, in which event said returns shall be made to said chairman and council in open session at 9 o'clock a. m. on the next Monday succeeding said election, and declare the results thereof, which shall be entered on the book kept by the chairman and council for the record of their proceedings. Elections for bonds.

Page 927

SEC. 5. Be it further enacted, That should the results of the election held under this Act be Against bonds, then subsequently thereto the chairman and council of said town shall have power and authority to call another election under this Act, after six months have elapsed from the date of the first election, and all the provisions of this Act shall apply to it and to all elections held under this Act. Other elections. SEC. 6. Be it further enacted, That no funds raised under Section 1 of this Act, except the sum set apart for the payment of the principal and interest on said bonds shall be paid out by the treasurer except upon such claims for work done, or money spent, or purchases made in building and equipping said public school buildings, as have been audited and approved by the chairman and council of said town. Proceeds of bonds. SEC. 7. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 9, 1909. GREENVILLE, CITY OF, CHARTER AMENDED. No. 39. An Act to amend an Act incorporating the city of Greenville, in the county of Meriwether, State of Georgia, approved September 12th, 1887, so as to enlarge the power of the mayor and council of said city of Greenville, so that they shall be authorized and empowered to purchase, build, contract for, establish and maintain a system of sewerage and drainage, and electric plant or lighting system; to authorize

Page 928

and empower the mayor and council of said city to issue and sell bonds of said city of Greenville sufficient for said purposes; to provide for an election, submitting said bond issue to the voters of said city; to authorize the levy of a tax to pay the interest and principal of said bonds, to authorize the condemnation of property, both in and out of said city, in laying water mains, sewerage, electric wires and to condemn property for use in opening, changing or laying out or widening streets, 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 city of Greenville, in the county of Meriwether, and State of Georgia, in addition to the powers and authority already granted under the present charter of said city, shall have full power and authority to construct, equip, maintain a system of electric lights or lighting plant, a system of water works, and a system of sewerage for said city and to that end shall have full power and authority to acquire by purchase, gift or condemnation proceedings all necessary lands, easements, water supplies and franchises. Greenville, city of, light, water and sewerage. SEC. 2. Be it further enacted by the authority aforesaid, That in the event said city of Greenville can not procure by purchase the necessary lands, rights of way of water ways, for the construction of the system of lights, waterworks and sewerage, then the mayor and council of said city shall have the right to exercise the power of eminent domain and to condemn such lands, easements, rights of way of water ways, and franchises, in manner and form as provided in Chapter 9 of Volume

Page 929

2 of the Code of 1895 of the State of Georgia, and the amendment thereto. Condemnation. SEC. 3. Be it further enacted by the authority aforesaid, That said mayor and council of the city of Greenville, shall have full power and authority to acquire by gift, purchase or condemnation in the manner aforesaid, all lands, easements and franchises necessary for water basin and water shed from which the public water supply may be obtained. Water shed and basin. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Greenville shall have the right of laying the necessary mains, pipes, conduits, and drains for waterworks and sewer purposes, and the right to erect posts poles and wires for the purpose of conveying electricity and lighting said city, said rights to apply to the public highways of the county of Meriwether, and over and across and under the land of persons and corporations upon payment of just compensation that may be agreed upon or assessed as provided in said Chapter nine of Volume two of Code of 1895, of this State. Franchises and casements. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Greenville are hereby authorized and empowered to order and have held an election by the qualified voters of said city at such times as said mayor and council may designate, to determine whether or not bonds shall be issued by the said city of Greenville in a sum not to exceed the Constitutional limitations to be sold for the purpose of establishing, constructing, equipping and maintaining a lighting plant, a system of waterworks, and a system of sewerage for said city of Greenville. Said

Page 930

election shall be held in accordance with the provisions of Sections 377-380, inclusive, of the Code of Georgia of 1895, and at said election the ballots used shall be For bonds for lights and Against bonds for lights. For bonds for waterworks, and Against bonds for waterworks. For bonds for sewerage, Against bonds for sewerage. Election for bonds. Said mayor and council shall have the power and authority to order an election for either lights, waterworks or sewerage bonds, or for either two or all of said purposes. Said mayor and council shall be required to advertise said election in a newspaper published in said city for a term of thirty days, prior to said election, which notice shall specify in detail the amount of bonds to be voted on and the purpose of same. SEC. 6. Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds for all of said purposes or for either of said purposes then the mayor and council of said city of Greenville shall be and are hereby authorized to issue the amount of bonds, of the city of Greenville, so voted on, in a sum equal to the amount fixed by the mayor and council, for said purpose or purposes, which total sum shall not exceed the limit provided for in the Constitution of this State. Said bonds shall be designated lighting, waterworks, and sewerage bonds of the city of Greenville, as should result from the election so held and carried. Said bonds shall be issued in such denominations as may be fixed by the mayor and council of said city and for a term not to exceed thirty years, the rate of interest on

Page 931

said bonds shall be fixed by the mayor and council in such way as may seem most advantageous for said city after being advertised according to law. Bonds, how issued. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Greenville shall be and are hereby authorized and empowered to annually assess, levy and collect a tax on all the property both real and personal, corporate and franchise, in the corporate limits of said city, in such sums as may be 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 such bonds at the maturity thereof, and the tax assessed, levied and collected shall be kept separate and distinct from all other taxes and monies of said city and shall be used solely for the payment of the interest on said bonds, as it may occur, and for the creation and accumulation of a sinking fund for the payment of the principal of the same. Tax to pay bonds. SEC. 8. Be it further enacted by the authority aforesaid, That if the election herein provided for shall be against the issue of said bonds, that the mayor and council of said city may, at any time after the expiration of one year from the date of said first election, order another election under the provisions of this Act for either or all of said purposes. Second election. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Greenville, be and they are hereby empowered and authorized to condemn private and corporate property for the purpose of opening, laying out and establishing new streets in said city, and for the purpose of widening

Page 932

or changing any street already established in said city, said right of eminent domain to be exercised under the laws of this State as required in Chapter nine of Volume two of the Code of 1895 of this State. Condemnation. 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 9, 1909. GRIFFIN, CHARTER AMENDED. No. 179. An Act to amend the charter of the city of Griffin so as to confer upon the mayor and council of said city the power and authority to provide by ordinance for the grading and paving of intersections of streets and alleys in said city, and for the apportionment of the cost of the same between the city and property owner, and for the collection 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 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. ) be, and the same is, hereby amended so as to confer upon the said municipality the power and authority to provide by ordinance of the mayor and council thereof for establishing the grade for the various intersection of the streets and alleys in said city as they now exist and are laid out therein, and all that may hereafter be laid out and established, and to build

Page 933

and construct such intersections of streets and alleys in accordance with the grades so established; and further, to confer upon said municipality the power and authority by ordinance of the mayor and the council thereof for the paving of all intersections of streets and alleys for which grades have been established; to prescribe the character of material to be used for such paving, and the manner in which said paving shall be laid, and to apportion the cost of such paving and grading in such manner and amount as may seem equitable and just to the mayor and council of Griffin and the property owners in the several blocks adjacent to the intersection of streets and alleys which are so graded and paved; and further, to empower said municipality to collect such proportion or amount of the cost of so grading and paving intersections of streets and alleys as may be assessed against such property owners and their said property by the issuance and levy of fi fas. in the same manner as taxes are collected. Griffin, city of: Improvement of intersections of streets and alleys. SEC. 2. Be it further enacted by said authority, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1909. GRIFFIN, CITY OF, CHARTER AMENDED. No. 167. An Act to amend the charter of the city of Griffin (Acts of 1901, page 393, etc.,) and the various amendments thereto so as to authorize and empower the mayor or the mayor pro tem., to act as judge of the criminal court of Griffin, in the event of the absence, sickness,

Page 934

or disqualification of the judge of the criminal court of Griffin, 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 charter of the city of Griffin (Acts 1901, page 393, etc.) and the Acts of the General Assembly amendatory thereof, be, and they are, hereby amended so as to confer upon the mayor or the mayor pro tem., of the city of Griffin, the right to preside over the criminal court of the city of Griffin, in the event of the absence, sickness, or disqualification of the judge of the criminal court of Griffin, in all cases arising in said court. Griffin, city of: Judge of Criminal Court. SEC. 2. Be it further enacted, That in presiding in said criminal court of Griffin, the mayor or the mayor pro tem., shall be clothed with all the power and perform all the duties, and be subject to all the restrictions that are now by law ordinanced, conferred on the said judge of the criminal court of Griffin. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 14, 1909. GRIFFIN, CITY OF, CHARTER AMENDED. No. 130. An Act to give to the city of Griffin, in the State of Georgia, for the use of its citizens for public purposes, the police control over the houses and grounds in the State encampment grounds, located in said city, and for other purposes.

Page 935

Whereas, the citizens of Griffin, in the county of Spalding, did, on the 15th day of January, 1893, convey to the State of Georgia a certain tract of land located in said city, consisting of about forty acres, more or less, for the purpose of allowing the State encampment of the Georgia militia to be held on said grounds, and Griffin, city of. Whereas, it was understood at the time the said land was conveyed to the State for the above purposes, that annual encampments of the Georgia State militia would be held upon the said grounds, which were bought and paid for by subscription of the citizens of Griffin, and Camp Northern ceded to city. Whereas, said grounds were greatly improved by the citizens of Griffin, and at their expense, and buildings erected for the accommodation of the visiting troops, which buildings are now rapidly falling into decay, and have reached a condition where they will be utterly valueless to the State or to anyone unless they are put in repair or rebuilt, and Whereas, the State of Georgia has abandoned the policy of holding State encampments for many years, and has no use whatever for the grounds donated by the citizens of Griffin, which grounds are located immediately above the city waterworks, making it dangerous to the health of the city for the grounds to be used for many purposes; The State hereby cedes to the city of Griffin the perpetual right to the possession of Camp Northen, and the right perpetually to use and enjoy the same for park or other public purposes, except that in the event of war, the State may, and it reserves the right, to use and occupy the property hereby ceded for military purposes, but in no other event will it interfere with

Page 936

the possession and use of said property by the city of Griffin. And further, that the police authority and jurisdiction of the city of Griffin is hereby extended over the territory hereby ceded; and jurisdiction of violation of the municipal ordinances of the city of Griffin is hereby vested in the criminal court of the city of Griffin. SECTION 1. 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, 1909. GROVETOWN, TOWN OF, NEW CHARTER. No. 239. An Act to amend, consolidate and supersede the Acts incorporating the town of Grovetown, in the county of Columbia, to confer additional power upon the corporate authorities thereof, and otherwise amend the charter of said town, and to provide a new charter for the same; to authorize the authorities of said town to establish and maintain a system of waterworks and electric lights in said town, to provide revenue for the maintenance of the same, and to authorize the issuing of bonds by the mayor and council; to extend the corporate limits, 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 Act incorporating the town of Grovetown, approved September 29th, 1881, be, and the same is,

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hereby repealed, and the following shall be the charter of the town of Grovetown, in the county of Columbia. Grovetown, town of; reincorporated. SEC. 2. Be it further enacted, That the town of Grovetown shall continue to exist under the name and style of the mayor and council of the town of Grovetown, and the corporate limits of said town shall extend three-fourths of a mile in every direction from the railroad depot in said town. Name and corporate limits. SEC. 3. Be it further enacted, That from and after the passage of this Act, the mayor and council shall be elected on the second Monday in January, annually; the first election under this charter to be held on the second Monday in January, 1910, and hold their respective offices for the term of one year next thereafter, and until their successors are duly elected and qualified. Said election shall be held at the council chamber, or at such place as the mayor of said town shall direct and designate; 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 notice in three public places in said town, and advertising said notice for two weeks prior to said election in a public gazette published in said town, or having a general circulation therein. The polls at all elections in said town shall not be opened before 8:00 o'clock A. M., and shall be closed at 3:00 o'clock P. M. The qualification of voters of said election shall be such as are required for electors to the General Assembly of this State, and in addition 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. Election of mayor and councilmen.

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SEC. 5. Be it further enacted, That said election shall be held under the superintendency of three freeholders; said superintendents to take an oath for the due and legal performance of their duties as such superintendents, and to have all powers incident to said superintendents of elections in this State. In case the managers shall have any reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they shall administer 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 resided six months in this, the town of Grovetown; that you have paid all taxes required of you by the State and county, according to law, and have paid all taxes legally due to the authorities of said town of Grovetown; so help me God. And the superintendents of said elections shall conform to the laws governing elections in this State, in so far as they are applicable to said elections, and shall issue certificates of elections to such persons as receive the highest number of votes polled, who shall, within ten days from said election, qualify by taking the prescribed oath. Election managers. SEC. 6. Be it further enacted, That no person shall be eligible to any office under this Act who is not eligible as a voter in the election aforesaid. Qualifications for office. SEC. 7. Be it further enacted, That before entering upon their official duties, said mayor and councilmen shall each be sworn faithfully and impartially to discharge the duties of his office to the best of his ability; and they shall constitute a body corporate, under the name and style of the mayor and council of the town of Grovetown, and by that name and style shall have perpetual succession, and with power to sue and be sued in the

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courts of this State; to purchase, hold and convey property, and to contract and be contracted with so far as may be necessary to the proper management 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, 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, 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 and tan yards, 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 remove or abate any other thing that may be deemed by them to be a public or private nuisance, and injurious to health, peace and quiet of said town; and to protect places of public worship; to regulate the keeping of gun powder and other combustibles; to provide cemeteries for the burial of the dead and to regulate interments therein; to make regulation 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.

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And said mayor and council shall also have entire and absolute control and jurisdiction of all said pipes, private drains and sewers, water closets, privy vaults and dry wells in said town, with full power to prescribe their location, structure, uses and preservation, and to make such regulation 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 and 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 their lots by keeping open all necessary and sufficient ditches for that purpose, and to provide for the regular building of houses, and other structures, and for the making of division fences by the owners of adjacent premises. Powers of mayor and councilmen. SEC. 8. Be it further enacted, That the mayor and council of the town of Grovetown be, and they are, hereby authorized and empowered to purchase, build, and maintain a system of waterworks and electric lights for said town; to hold an election on a day specified as now required by law, to determine the question of creating a bonded debt for said purposes, not to exceed in aggregate $25,000; the bonds to be of such denomination as said mayor and council may think best, to be due and payable at any time within thirty years after issued, as said mayor and council may determine, and that said bonds, when issued, shall bear interest at six per cent. per annum; to provide at or before the incurring of said indebtedness for the assessment and collection of annual tax sufficient in amount to pay the principal and interest of said debt as the same falls

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due, such portion as may be necessary to set apart as a sinking fund with which to pay said bonds at their maturity. The tax hereby authorized and required to be levied shall be in addition to that levied under the charter of said town for general purposes. Light and water. SEC. 9. Be it further enacted, That said bonds herein authorized to be issued shall be sold as hereinafter provided, and the proceeds of said sale shall be used for waterworks and electric light plant for the town of Grovetown. Said bonds shall be executed by the official signatures of the mayor and clerk of the town of Grovetown, and having affixed the corporate seal of said town. The coupons or interest warrants shall be signed by the clerk of the town and each coupon or interest warrant shall indicate the bond to which it belongs. The clerk of council shall keep a record of the numbers and denominations of all bonds issued. Proceeds from sale of bonds. SEC. 10. Be it further enacted, That all bonds as they fall due, and the interest coupons or warrants upon said bonds shall be paid by the clerk of the council by order of the mayor of the said town of Grovetown on presentation at the office of said clerk when due, or at any such agency in the city of New York, as may be designated by ordinance passed before issuance of said bonds. That the principal of said bonds, when they shall become due, and the coupons of the interest warrants of the same when they shall become due shall be receivable by the town of Grovetown in payment of all dues to the town of Grovetown, and said bonds shall not be taxable directly or indirectly by the town of Grovetown. Payment of bonds and interest.

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SEC. 11. Be it further enacted, That as soon as the bonds issued under this Act shall have been signed by the mayor and clerk of the town of Grovetown, and the corporate seal of the said town attached thereto, they shall be kept safely by the mayor and sold by him in the following manner: He shall advertise said bonds for sale to the highest bidder for thirty days in such newspapers and cities as he may think best for bids for said bonds, and the said bonds shall be sold to the highest and best bidder; provided, that in no event shall said bonds, or any of them, be sold for less than par. Sale of bonds. SEC. 12. Be it further enacted, That before the bonds herein provided for shall be issued, the assent of two-thirds of the qualified voters of the town of Grovetown shall be obtained in the manner now provided by law as prescribed in Sections 377, 378, 379 and 380 of the Code of 1895. Election for bonds. SEC. 13. Be it further enacted, That the said mayor and council be, and the same are, hereby authorized to condemn property for the purpose of constructing said waterworks and electric light plant both in and out of said town of Grovetown, under the same rules as prescribed for the condemnation of property for public roads in this State. Condemnation. SEC. 14. Be it further enacted, That the said mayor and council shall have authority to pave the sidewalks of said town with brick, cement, or any other like substance; the cost of said paving may be charged to the owner of the adjoining or abutting property, and on the failure or refusal of the said owner to pay said cost of said paving execution may issue against the

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owner of said adjoining or abutting property, and also against said property and the same be sold, as provided elsewhere in this charter, to satisfy said execution. Street improvements. SEC. 15. Be it enacted, That said mayor and council may establish a chain gang for said town for the purposes of working upon the streets, drains or any other public works of said town persons convicted and sentenced in the mayor's court, and in case any person so convicted shall escape from the chain gang before his or her term of service shall have expired, upon a warrant, issued by the mayor of said town, the same may be arrested in any part of the State by the officers of said town or by any other officer authorized to make an arrest. And said party so escaping, on conviction in the mayor's court may be sentenced to not more than 30 days' additional service in said chain gang for said escape. Be it further enacted, That said mayor and council may make all necessary rules and regulations for the proper government of said chain gang, and that nothing herein contained shall be construed to make it obligatory upon the maor and council to establish a chain gang. Chaingang. SEC. 16. Be it further enacted, That the mayor may hold police courts, try offenders for violations of ordinances, rules and regulations prescribed for the government of said town, and may punish violators of the same not to exceed $50.00, imprisonment not to exceed thirty days, to work on the streets of said town 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 $10.00, or imprisonment for five

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days for such contempt. From said decisions of said mayor imposing punishments 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. 17. Be it further enacted, That said mayor and council may appoint a clerk, treasurer and marshal and such police officers as they at any time may deem necessary to assist the marshal in preserving the good order and peace of the town, and prescribe their duties not inconsistent with this Act and the laws of the State; and he shall provide and take such bonds from said officers that 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, and should more than one be required, to assess the taxable property of said town, and perform such other services that may be required in connection with said office; fix the compensation of said assessor and require bond for the faithful performance of his duties; provided, that nothing in this Act shall disqualify one person from holding the office of clerk and treasurer and assessor at the same time, and the mayor and council shall have full power to remove any of said officers for neglect of duty, incompetency or any other good reasonable cause. That the said mayor and council shall have authority to appoint a board of health consisting of not more than five, whose duties shall be to look after the sanitary condition and health of the people of the town. To this end they shall have authority to make all necessary rules and regulations to properly protect the health of the community; and said rules and regulations, when so

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amended and published and have been approved by the mayor and council shall have full force and effect of law, and the mayor and council may provide a penalty for the violation of same. Municipal officers. SEC. 18. Be it further enacted, That the marshal of said town may arrest without warrant any persons who violate the ordinances of said town and bring the offenders before the mayor for trial, and to this end may summon any citizen or citizens of said town as a posse to assist in such arrest. When brought before the mayor, a written or printed accusation may be preferred against the offender in manner and form as follows: State of Georgia, Town of Grovetown, marshal of said town, charge and accuse..... with the offense of (here state the offense fully), contrary to the laws of said town. This..... day of..... 190....., and shall be signed by the marshal or his deputy, or acting marshal, as prosecutor, and when such accusation is preferred the same shall be sufficient authority to hold the accused until the trial of the case, and to that end the accused may be imprisoned, unless he gives a good and sufficient bond and security for his or her appearance at such time as may be required, such bond to be approved by the mayor; if such bond be given and the accused shall fail to appear at the time fixed for trial, the bond may be forfeited by the mayor and execution issued thereon by serving the defendant, if to be found, and securities with a rule nisi at least five days before the time of hearing such rule nisi, to be signed by the mayor and clerk of council. Arrests.

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SEC. 19. Be it further enacted, That all taxes, assessments, fines and penalties recoverable by this Act may be enforced by execution. All writs, processes and subp[oelig]nas issued in behalf of said town shall be directed to the marshal of said town, and signed in the same manner as execution. All executions issued in behalf of said town for the collection of any tax, fines, forfeitures or other purposes, shall be directed to the marshal and signed by the mayor or mayor pro tem, and clerk of council, and all sales by the marshal of said town shall be advertised, if personal property, by posting said advertisement in three of the most public places in said town or ten days before the sale; and if real estate, the marshal shall advertise the same once a week for four weeks in the public gazette in which the sheriff's advertising for the county is done and shall only sell said real estate on the first Tuesday in each month, within the legal hours of sheriff's sales. Said marshal may levy upon, sell and execute titles thereto to any real estate or personal property in said town, and when a claim of illegality shall be interposed the marshal shall not sell, but in case of personal property, the claim or illegality shall be returned to the judge of county court, but if there be no such judge, then the justice court of the district in which the town is situated, unless the amount exceeds the jurisdictions of said court, then the same shall be returned to the Superior Court of Columbia county, and in case the claim or illegality be interposed to the sale of real estate the same shall be returned to the Superior Court of the county in which the property is situated and in all such cases in any or all of said courts the same rule shall apply, and the same proceeding shall be had and

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the same appeals, certiorari or other exceptions shall be allowed as are legal in like cases in said courts. Collection of taxes, etc. SEC. 20. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy and collect such taxes upon real and personal proerty within the corporate limits of said town as they may deem necessary for the support and government of said town; provided, that the tax so assessed shall not exceed one-half of one per cent.; 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 on circuses, menagerie shows (including all shows of domestic or wild animals) or other shows, billiard tables, pool tables, ten-pin alleys, or alleys of any kind used for the purpose of paying or renting, as may be deemed proper. The mayor and council shall require all persons subject to pay such vocation tax license to pay the same or take out such license by the first day of April in each year, and they may punish by fine not to exceed $25.00 or imprisonment not to exceed twenty days, all persons convicted of carrying on a business in said town, without paying such tax or license, and the tax or license so paid shall run from the date thereof to the first day of April following; and the mayor and council may at any time when they deem it proper, fix the amount for a fractional part of the year. Taxing power. SEC. 21. Be it further enacted, That there shall be a lien on all real estate and personal property within said town for the town taxes assessed thereon, and for all fines and penalties assessed or imposed, which shall

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have priority over all liens, except the liens due the State and county. Liens. SEC. 22. Be it further enacted, That the tax assessor or assessors for said town shall assess the cash market value of all property, both real and peronal, in the corporate limits of said town, and turn over such assessment to the mayor and council at their regular meeting in April of each year, and should any property owners be dissatisfied with the assessment or valuation placed upon his or their property by the assessor or assessors, 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. Assessments. SEC. 23. Be it further enacted, That said mayor and council shall have power to take up and impound any horses, mules, hogs, cows, or any other cattle running at large in said town and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said town; and they shall have power to levy a tax on each dog in said town running at large, not to exceed one dollar a year. Live stock. SEC. 24. Be it further enacted, That said mayor and council may choose from their own number a mayor pro tem; who shall in the absence, sickness or disqualification of the mayor, perform all the duties required of the mayor, and in case of the absence, sickness or disqualification of the mayor and mayor pro tem, the majority of the council may select one of themselves to Act as mayor temporarily. Mayor pro tem.

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SEC. 25. Be it further enacted, That in case of the vacancy in the office of mayor or councilmen by death, resignation or otherwise, an election to fill such vacancy shall be ordered by said council to take place at such time as may be specified in said order, after notice of the same is published by posting in two public places in said town for the space of at least ten days before said election. Vacancies. SEC. 26. Be it further enacted, That the mayor, or in his absence the mayor pro tem, shall be the chief executive officer of said town; he shall see that all the laws and ordinances of the town are faithfully executed; he shall have power to convene the council in extra session whenever in his judgment, the exigencies of the case require; he shall preside over all meetings of council, but shall have no vote except in cases of a tie. It shall be the duty of the mayor, or acting mayor, to hold mayor's court as often as may be necessary for the examination of any offense that may be reported to him, or the trial of such persons as may be brought before him; he shall be ex-officio a justice of the peace so far as to empower him to commit to jail or admit to bail persons charged with violating the criminal laws of the State, in the same manner and under the same rules and regulations prescribed by law for justices of the peace. Powers and duties of mayor. SEC. 27. Be it further enacted, That the salary of the mayor shall be fixed by the mayor and council of the town, and shall not exceed the sum of $100.00 per annum, and such other perquisites from the police court of the said town as the mayor and council may authorize by ordinance. Salary of mayor.

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SEC. 28. Be it further enacted, That it shall be the duty of the marshal to collect the town taxes, fines, levies and assessments, and in case the same is not paid within thirty days after they are placed in the hands for collection the mayor and the clerk of council shall issue executions therefor, and the marshal may levy and sell therefor in the manner and way prescribed in Section 19 of this Act. Collection of taxes, etc. SEC. 29. Be it further enacted, That all male persons over the age of twenty-one and under the age of fifty, who have resided in the town ten days, shall be subject to work the streets of said town not to exceed 10 days in each year, or be taxed therefor as the council may direct and determine, as a commutation for such duties, not to exceed five dollars a year. The mayor and council shall have power to punish by fine not to exceed twenty days any person or persons in said town subject to street duty who fails or refuses to work the streets after being duly warned by the marshal or such overseer as the town authorities may appoint. No citizen of the town shall be subject to road duty out of said town. Street work or commutation tax. SEC. 30. Be it further enacted, That the 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. Powers of mayor and council. SEC. 31. Be it further enacted, That all the property now owned by said town invested in the present mayor and council thereof shall be and remain the property of said town, and become vested in said mayor and council; and all ordinances, rules and regulations now of

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force in said town not inconsistent with this Act shall be and remain of force until amended, altered or repealed by said mayor and council. Property and ordinances. SEC. 32. Be it further enacted, That the mayor and council shall have full power and authority to enforce the fire limits established by them, and should any one erect or cause to be erected within such fire limits any building or other structure contrary to such ordinance, said mayor and council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures, to be collected by execution as in other cases; and should the owner of such building or structure fail or refuse to remove the same upon proper notice and within five days after being so notified, he or she may be fined in a sum not exceeding fifty dollars, or be imprisoned not exceeding thirty days, for each and every day they fail to regard said notice. And whenever the mayor and council shall exercise the power to lay out and open, to widen, straighten or otherwise change the streets and alleys in said town given by this Act, they shall appoint two freeholders 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 lot in consequence of the opening, widening, straightening or otherwise changing said streets or alleys. And in case said assessors can not agree they shall select a fifth freehold umpire, the assessors taking an oath that they will faithfully discharge their duties, and either party shall have a right to enter an appeal to the Superior Court of Columbia county within ten days from the said

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award, the mayor and council to have power and authority to enforce the final award by execution against the owner or owners of said lot or lots when the same is found to be advantageous to said owner. Fire limits. SEC. 33. Be it further enacted, That said mayor and council shall have power to regulate and control the sale of vinous, malt or intoxicating liquors in said town without such license, and the said dealers in intoxicating liquors or bitters shall comply with the law as to bond and oath. Intoxicants. SEC. 34. Be it further enacted, That the said mayor and council shall have authority to erect, own and operate a telephone exchange in said town whenever in their judgment they may think it for the best interest of the said town; provided, nothing in this Section shall be construed to give them authority to violate any existing contracts with any telephone company doing business in said town. Telephone exchange. SEC. 35. Be it further enacted, That said mayor and council shall have authority to grant a franchise for not more than 20 years to an electric light company, or any other person, to use the streets of the town in the operating of an electric light plant. Franchises. SEC. 36. 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 16, 1909.

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GROVANIA, TOWN OF, INCORPORATED. No. 266. An Act to incorporate the town of Grovania, in the county of Houston; to define its limits, confer municipal powers and privileges upon it, 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 Grovania, in the county of Houston, be, and the same is, hereby incorporated. Grovania, town of, incorporated. Its corporate limits shall extend one-fourth of one mile in every direction from the depot of the Georgia Southern and Florida Railroad, as now located in said town; provided, that no field or woodland exceeding four acres and owned by one person shall be subject to corporate tax until the same is laid off in town lots or built upon. Corporate limits. SEC. 2. Be it further enacted, That the municipal government of said town shall consist of a mayor and four councilmen, who shall constitute a body corporate under the name and style of the mayor and town council of Grovania, and by that name they shall have perpetual succession; may have and use a common seal; may sue and be sued, plead and be impleaded in any court of law or equity in this State; may purchase, have, hold, receive, enjoy and retain to themselves and their successors in office, for the use of the town of Grovania, any estate or estates, real or personal, of whatsoever kind or nature, and may sell or otherwise dispose of the same for the benefit of said town as they may see proper. Mayor and councilmen.

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SEC. 3. Be it further enacted, That for the purpose of organizing and carrying on municipal government, herein provided for, an election shall be held in said town upon the third Saturday in September, next, and annually thereafter on the second Wednesday in December for a mayor and four councilmen. Election of mayor and councilmen. Said mayor and councilmen shall each hold their offices for one year, and until their successors are elected and qualified. The first election held under this charter may be held under the management of any three bona fide residents of said town who are qualified to vote for members of the General Assembly. After the first election, the mayor and council may appoint any three freeholders to superintend any subsequent election. The managers before proceeding with the election shall each take before some person authorized to administer oaths, or if no such person be present, each in the presence of the others, the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified to hold the same; that we will make a just and true return thereof, and not knowingly permit anyone to vote unless we believe that he is entitled to do so according to the charter of the town, nor knowingly prohibit anyone from voting 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. The managers acting at the first election held under this charter shall issue to each of the persons elected a certificate of the result of the election, which certificate shall be sufficient authority to the person so elected to

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enter upon the discharge of their official duty after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected mayor and councilmen a like certificate, and shall certify the result of the election to the acting mayor and council, which last certificate shall be entered upon the records of the town. SEC. 4. Be it further enacted, That at such elections all persons who shall have resided in said town sixty days before the day of the election, who shall have paid all taxes of every description legally imposed and demanded by the authority of said town, and who shall be qualified to vote for members of the General Assembly, shall be qualified voters. Voters. All persons qualified to vote at said elections and eligible to hold office, according to the Constitution and laws of this State, shall be eligible to hold any office in said town. SEC. 5. Be it further enacted, That should the office of mayor or any councilman become vacant by death, resignation or removal or other cause, the mayor, or in case his office is vacant, the mayor pro tem., or if both of these offices shall be vacant the councilmen, shall order an election, of which at least ten days' notice by posting in two of the most public places of said town, shall be given to fill said vacancy or vacancies. Persons elected at said election shall fill unexpired term only. Vacancies. SEC. 6. Be it further enacted, That all elections held under this charter shall be conducted as nearly as practicable, as elections for members of the General Assembly, but the polls shall open at nine o'clock a. m. and

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close at three o'clock p. m., until the mayor and council shall, by general ordinance, prescribe different hours. Elections, how held. SEC. 7. Be it further enacted, That the mayor and council shall have power and authority in their discretion, to elect a clerk and treasurer and a marshal, to prescribe their official duties, regulate their fees or compensation and require them or either of them to give such bonds for the faithful discharge of duty as they may see proper. They should have power to remove such officers from office for neglect or breach of duty or incapacity to discharge their respective duties. The mayor and council may also at any time appoint such special policemen as they see proper, to serve for any length of time, and to be discharged at their pleasure. Municipal officers. SEC. 8. Be it further enacted, That said mayor and council shall have authority to pass all laws and ordinances for the government of said town, and for the protection of the lives and property of its citizens, which they may see proper, provided they are not inconsistent with the Constitution and laws of this State or of the United States. Powers of mayor and councilmen. SEC. 9. Be it further enacted, That the mayor of said town shall have authority to hold at such times as he may see proper a police court for the trial of persons charged with violating any of the ordinances, rules or regulations of said town, and shall have power, upon conviction, to sentence offenders to pay a fine not to exceed thirty dollars, or to work upon the streets of said town not to exceed thirty days, or to be confined in the guard house or calaboose not to exceed twenty days. Or the mayor may sentence the offender to work upon the streets, or to be confined in the guard house

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for a certain period of time, and allow said sentence to be commuted upon the payment of a specific fine in the discretion of the mayor. Police court. SEC. 10. Be it further enacted, That said mayor and council shall have authority to levy and collect an ad valorem tax, not to exceed one-half per cent. upon all property, both real and personal, in said town for the support of the town government and carrying out of the object of this charter. They may, by ordinance, provide suitable regulations for the return of all property in said town for taxation, and impose penalties in the way of increased tax for non-return of said property as prescribed in such regulations. The collection of any taxes or licenses imposed by said town authorities may be enforced by execution issued by the clerk and treasurer in the name of the mayor and the town council, directed to the marshal, who shall levy the execution and sell thereunder. Taxing powers. When real estate is levied upon, it shall be sold in like manner and under the same rules and regulations as govern sheriff's sales, except that real estate shall be sold in said town where personal property is levied upon; it shall be advertised by posting in two of the most public places in said town for at least ten days before the day of sale, at the expiration of which time the marshal shall proceed to sell the property under the same rules and regulations as govern constable's sales in this State. The mayor and council shall prescribe, by ordinance, the place where public sales of this character shall take place. Should any property levied upon be claimed by any person not a party to the execution, said claim shall be interposed under the same rules and regulations as regulate other claim cases under the laws

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of this State, and said claim shall be returned to and tried by the first term of the Superior Court of Houston county after the return thereof. SEC. 11. Be it further enacted, That said mayor and council shall have power and authority in addition to the ad valorem above provided for to levy and collect a special tax upon all billiard or pool tables, ten-pin or nine-pin alleys, and upon all tables and alleys of any kind whatever not forbidden by law, used for the purpose of playing on with balls or pins, or both, within said town. They shall also have authority to levy and collect a tax upon all circuses, slight of hand performances, theatrical exhibitions and other shows, which may exhibit within said town. Such taxes to be for each exhibition, and to be collected, if not voluntarily paid, by execution, levy and sale, as provided in the charter for the collection of other taxes. Specific taxes. They shall have authority also to levy and collect a license tax upon any or all business occupations, carried on in said town. SEC. 12. Be it further enacted, That the mayor and council shall have power and authority to compel each male inhabitant of the town between the ages of sixteen and fifty years, unless exempted by ordinances of said town, to work ten days upon the streets and sidewalks of said town, under direction and control of the marshal, or to pay such commutation not to exceed five dollars in lieu thereof, as the mayor and council may assess. In case of failure or refusal to do said work, or to pay in lieu thereof said tax, the mayor may fine the offending person for contempt, and enforce the same by imprisonment in the guard house, or by work upon the

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streets. Persons subject to the provisions of this Section shall not be liable to road duty outside of said town. Street work or commutation tax. SEC. 13. Be it further enacted, That said mayor and council shall have power and authority to open and lay out new streets, or to widen, straighten, close up, or otherwise alter or change any of the streets of said town. To remove any obstruction, or nuisance, that may be placed in or upon any of the streets, sidewalks, lanes or alleys of said town. To regulate all butcher pens, tan yards, blacksmith shops, steam ginneries, steam saw mills, steam grist mills, forges, stoves and chimneys within said town, and to move or cause to be removed the same or any of them, in case they should become dangerous or injurious to the health, or become a nuisance, and to fill up all pits, sinks, cellars, or excavations; to drain all pools of water, or cause the owner of the premise whereon the same are situated to do so, and the mayor and council shall deem the same necessary to be done. Streets, etc. To regulate and control all taverns, restaurants, public houses, in said town. Whenever the mayor and council shall exercise the power delegated in this Section, in laying out, and widening, straightening, or otherwise changing the streets, lanes or alleys in said town, and shall condemn or take private property for that purpose, they shall appoint one freeholder, and the owner or owners of the property to be taken or condemned shall, upon five days' notice, appoint one freeholder, who shall assess damages sustained or advantages derived by the owner or owners of the property, in consequence of the opening, laying out, widening, straightening, or otherwise changing the streets, lanes, or alleys. In case these two assessors

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can not agree, they shall select a third, a majority of the three shall fix the assessment. The assessors shall take an oath to faithfully discharge their duties, and either party shall have the right to appeal to the Superior Court of Houston county, within ten days under the same rules and regulations as govern appeals from justice courts. Condemnation. SEC. 14. Be it further enacted, That the mayor and each councilman elected, shall, before proceeding to discharge his official duties, take and subscribe before some person authorized to administer oaths, the following oath: I do solemnly swear that I will faithfully discharge to the best of my ability, the duties of..... of the town of Grovania, so help me God. Official oath. SEC. 15. Be it further enacted, That the marshal or any policeman of said town shall have the right to arrest any disorderly person, or any person violating or attempting to violate any of the ordinances of said town, and to commit him to the guard house to await his trial before the mayor the next day. Arrests. SEC. 16. Be it further enacted, That said mayor and council shall have authority to establish a guard house or a place of confinement for persons detained for trial, or sentenced to confinement therein, according to the provisions of this Act, and to regulate the same; to regulate the keeping of combustibles; to provide suitable places for the interment of the dead, and to regulate the same, and to protect places of divine worship. Police powers. 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 16, 1909.

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HARMONY GROVE, CITY OF, CHARTER REPEALED. No. 157. An Act to repeal an Act entitled An Act to incorporate the city of Harmony Grove, in the county of Jackson, to prescribe its limits, provide for mayor and alderman and other officers of said city, and for other purposes, approved November 26, 1901, and all Acts amendatory thereof. 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 incorporate the city of Harmony Grove, in the county of Jackson, to prescribe its limits, to provide for the mayor and alderman and other officers of said city, and to prescribe their powers and duties and other purposes, approved November 26th, 1901, and all Acts amendatory thereof, be, and same is, hereby repealed. Harmony Grove, city of, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That the provision of this Act repealing an Act incorporating the city of Harmony Grove, shall not become of force or go into effect until the passage by the General Assembly of the State of Georgia of an Act entitled An Act to incorporate the city of Commerce in the county of Jackson, to prescribe its limits, to provide for the election of a mayor and councilmen and other officers of said city of Commerce, to prescribe their powers and duties and the manner of their election, to declare and provide for the police force of said city and to provide for all matters of municipal concern and cognizance, to provide that all valid bonds and contracts heretofore made and entered into by the municipal authorities

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of the city of Commerce, and the town of Harmony Grove, shall be good and valid for and against the city of Commerce, that all property formerly held and owned by the town of Harmony Grove shall be and become the property of the city of Commerce, to provide for the issuing of bonds for the establishment of an electric light plant, and also for the issuing of additional bonds for the enlargement of the present waterworks and sewerage system in said city of Commerce, and for other purposes, and until the approval of said last mentioned Act by the Governor of Georgia. 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, 1909. HELENA, CITY OF, PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 247. An Act to establish a system of public schools in and for the city of Helena, Georgia; to provide for a board of education, incorporate the same, and define its powers and duties; to authorize the levy, assessment and collection of a tax for the establishment, support and maintenance of public schools; to provide for the ratification of this Act as provided by law, by the qualified voters of 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 authority of the same, That from and after the passage of this Act, and after this Act shall be ratified by law by

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the qualified voters of the city of Helena, there shall be established in and for said city a public school system. Helena, city of; public schools. SEC. 2. Be it further enacted, That the public school system in said city shall be under the management and control of five men, who are hereby made a body corporate under the name and style of the board of education of the city of Helena, and by that name and style shall have perpetual succession; a common seal; the right to sue and be sued; to have, hold, receive, enjoy, possess and retain, by gift, endowment, purchase or otherwise, for school purposes, any property, real or personal, within the limits of said city; and shall have such other powers as are usual and incident to such corporations. Board of education. SEC. 3. Be it further enacted, That as soon after the ratification of this Act by the qualified voters of the city of Helena as practical, it shall be the duty of the mayor and city council of Helena to elect from the qualified voters of said city the five members of the said board of education who shall hold as follows: One of them shall hold until the first general election thereafter held in said city; one shall hold until the second general election thereafter held in said city; one shall hold until the third general election thereafter held in said city; one shall hold until the fourth general election thereafter held in said city; and the last one shall hold until the fifth general election thereafter held in said city; and said mayor and city council of Helena shall designate what members shall hold each of said named terms. And after said election by the said mayor and city council of Helena, there shall be elected at each general election in said city thereafter one member of said board of education, whose term of office shall be five years. No one shall be eligible to membership upon said board except

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qualified voters of said city of Helena, and no member of said board shall at the same time hold any other office in said city. All vacancies upon said board from resignation, death or other cause than expiration of the regular term of office shall be filled as follows: The mayor and city council shall elect members to fill such vacancies until the next succeeding general election in said city, when a successor shall be elected for the unexpired term of the member whose term was so shortened by death, resignation, or cause other than expiration of his regular term. Before entering on the discharge of their duties each member of said board shall take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their said office. Election of members of board. SEC. 4. Be it further enacted, That the officers of said board shall be a president, and a secretary and treasurer, who shall be elected by the members of said board from among their own number, and who shall hold until the next succeeding general election in said city, and until their successors are elected and qualified. It shall be the duty of said board to elect officers annually at their first meeting after each general election in said city. The officers shall receive no compensation. The secretary and treasurer shall give bond for the faithful performance of his duties in such sum as said board may designate, the bond to be made payable to the board of education of the city of Helena, who may bring suit for a breach thereof in any court of the State having jurisdiction thereof. Officers of board. SEC. 5. Be it further enacted, That the said board of education when organized shall be and are hereby vested with any and all such powers as may be necessary or proper to the establishment, regulation, control and

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management of a system of public schools in said city of Helena, and to that end they are authorized to adopt such by-laws, rules and regulations as they may deem expedient, not in conflict with the general school laws of the State; to fix the scholastic terms of said schools, elect and contract with and discharge superintendent and teachers, and fix their salaries, prescribe the course of study and select text books; and generally they are authorized and empowered to do and perform any other act that may be expedient and proper for the establishment, regulation and adoption of public schools in said city of Helena. Powers and duties of board. SEC. 6. Be it further enacted, That said board of education shall, out of funds going into their hands, provide school houses by renting, leasing, purchasing or building suitable buildings, repair the same, and shall properly furnish the same for school purposes; and in the event of a sale by them of any property so acquired, the proceeds of such sale shall be reinvested for like purposes. The said board of education shall have entire control of any such public school property, but the same shall not be used by them for any other than school purposes, except for such public entertainments, and public meetings as said board may prescribe; and when used for any other purposes than for public schools, any revenue derived therefrom shall be used for school purposes. The said board of education shall operate two, and only two schools, one exclusively for white children entitled to the benefit of the public schools under the laws of this State, and one exclusively for colored children entitled to the benefit of public schools under the laws of this State. All children so entitled whose parents, guardians, or natural protectors reside

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within the limits of the city of Helena, shall be admitted to said schools upon the payment of such admission fee as said board of education may prescribe. 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 said board. Powers and duties of board. SEC. 7. Be it further enacted, That said board of education shall keep full and accurate minutes of the proceedings of said board; and that said board shall meet for the transaction of business once each month in regular session; and that the books and minutes of said board shall at any and all times be subject to the inspection of the mayor and city council of Helena, or any interested citizen of said city. Meetings and books of board. SEC. 8. Be it further enacted, That said board shall annually, at the regular meeting of the mayor and city council of Helena in July of each year, make a report in writing to said mayor and city council, said report to contain the condition of said schools, together with an itemized statement of all moneys received by said board since their last report, and how the same was disbursed. Reports of board. SEC. 9. Be it further enacted, 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 to defray the expenses of said public schools for the ensuing year, and shall submit such finding in writing to the mayor and city council of Helena at their regular meeting in July of each year, and the said mayor and city council of Helena are hereby authorized and empowered, after this Act shall have been ratified by the qualified voters of the city of

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Helena, to levy, assess and collect an ad valorem tax not to exceed one-half of one per cent. on all the property in said city subject to taxation, and when said tax is so levied, assessed and collected, the collecting officer of said city shall pay the same over to the secretary and treasurer of said board of education, to be paid out for school purposes as directed by said board of education. The said tax for school purposes as aforesaid shall be separate and distinct from all other taxes, and shall not be used for any other purposes than for the school purposes as aforesaid. School tax. SEC. 10. Be it further enacted, That the county school commissioner of Telfair county is hereby authorized to pay over to the secretary and treasurer of said board of education for the use of said public schools their just pro rata share of the State public school funds, such share to be determined by the proportion that the school census of the said city of Helena shall bear to the total school census of Telfair county. Pro rata share of State school fund. SEC. 11. Be it further enacted, That the provisions of this Act shall not be put into effect until the same shall be ratified by the qualified voters of the city of Helena. It shall be the duty of the mayor and city council of Helena, as soon after the passage of this Act as may be practicable, to order an election to be held in said city, of which notice shall be given by publishing the same for 30 days in three public places in said city prior to said election, which election shall be conducted as are elections for mayor and councilmen of said city, and the returns of said election shall be made to the mayor and city council of said city who shall declare the result. All qualified voters of said city shall be entitled to vote at said election. At said election said voters

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desiring to vote for the ratification of this Act shall have written or printed on their ballots For taxation for public schools, and those voters desiring to vote against the ratification of this Act shall have written or printed on their ballots Against taxation for public schools; and this Act shall not become operative until ratified by two-thirds of the votes cast at said election as aforesaid. The mayor and city council of Helena may order other elections on the same question from time to time until said Act is ratified, provided, that said elections shall not be held oftener than once every six months. Ratification of Act. 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 16, 1909. HIRAM, TOWN OF, PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 208. An Act to establish a system of public schools in the town of Hiram, in the county of Paulding; to provide for the maintenance and support of the same; to create a board of school commissioners, and for other purposes pertaining thereto. SECTION 1. Be it enacted by the General Assembly of Georgia, (the corporate authorities of the town of Hiram having so recomended), That there shall be established in the town of Hiram in the county of Paulding, a system of public schools, to be established, conducted and maintained as hereinafter prescribed. Hiram, town of; public schools.

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SEC. 2. Be it further enacted, That in conformity with Article 8, Section 4, paragraph one of the Constitution of this State, an election shall be held in the town of Hiram on the first Monday of September, 1909, 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 entitled to vote in the municipal election in the town of Hiram and under the general qualifications prescribed by the Constitution of the State of Georgia, and those favoring said public school system shall have on their ballots the words For Public Schools, and those opposed shall have on their ballots the words Against Public Schools. Said 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 the Act shall become operative. If the result of said election shall be Against Public Schools, then the mayor and councilmen of said town shall order other elections upon the same question, not oftener than once in twelve months, whenever so many as twenty qualified voters in said town shall petition them for said election, in which case ten days' notice of such election shall be given in some newspaper having a general circulation in said town, and by posting the same at the court house door. School tax. SEC. 3. Be it further enacted, That W. W. Hunt, G. W. Ragsdale, W. M. Winters, H. R. Rakestraw, J. W. Moon and O. S. Croker are hereby created a board of school commissioners for said town of Hiram with perpetual succession. They shall hold their offices until their successors are elected and qualified as hereinafter provided. They and their successors in office shall

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have power to take and hold property, personal and real, that they may acquire by purchase, donation or otherwise, in trust for said town of Hiram, with the right to sue and the liability of being sued. Board of school commissioners. SEC. 4. Be it further enacted, That said board of school commissioners shall elect a president, clerk and treasurer from their own number, who shall perform such duties as may be required of them. The treasurer shall give bond payable to said board in such sums as the board may determine, conditioned for the safe keeping and proper disbursement of the funds placed in his charge. He shall not pay any funds, except by order of the board of school commissioners. Said school commissioners shall divide themselves into three classes, by ballot or otherwise. The term of office of the first class shall expire at the end of two years, and that of the second class at the end of four years, and that of the third class at the end of six years. If vacancies occur by resignation or otherwise, said board shall fill said vacancy by appointment for the remainder of the unexpired term. Officers of board. SEC. 5. Be it further enacted, That an election shall be held every two years at the same time and in the same manner as elections for mayor and councilmen, to fill the offices of one of the retiring members of said board of school commissioners. No one shall be eligible to the office of school commissioner who is not a resident of said town, and who is not twenty-five years old. Elections for school commissioners. SEC. 6. Be it further enacted, That said board of school commissioners shall elect a superintendent, principal, and other teachers for said public schools, fix their

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salaries, prescribe the course of study, determine the length of the scholastic term, and the time of beginning and closing said schools, and adopt such rules and regulations for their own government and that of the schools as they may deem necessary for the carrying out of the purposes of this Act, not inconsistent with the constitution and laws of this State. They shall have power to build, purchase, lease and rent such school houses and other property as may be necessary to carry on said schools. They shall provide for the admission of children who reside out of said town, and also for the admission to said schools of pupils not within the ages of six and eighteen years, upon the payment of such tuition as said board may prescribe. Non-resident pupils whose parents or guardians own property subject to school tax within the town shall have a reduction from the tuition charged such non-resident pupils equal to the amount of the tax so paid; provided, that should the tax so paid equal or exceed the tuition charged, such non-resident pupils shall still pay the said tax and a sum equal to the entrance fee or tuition charged resident pupils, such non-resident pupils shall still pay said tax and an amount sufficient to make the regular tuition charged non-resident pupils, and an amount equal to the entrance fee or tuition charged resident pupils of the same grade. Said board of commissioners shall have the power to provide a course of instruction for students who desire to engage in studies other than those usually included in an English or common school education, but pupils who pursue such studies must pay such tuition as the Board determines is proper in addition to what is paid under the system of public established by

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this Act. That said board of commissioners shall make or cause to be made annually, a full and complete list of all the pupils in attendance upon said public schools who reside in the county of Paulding, and present the same to the county school commissioner, and it shall be his duty to pay over to the said board of commissioners or to such other person as they appoint to receive the same, such apportionment of the public school fund as may be due said public schools within said town, basing said amount upon the attendance upon said public schools. Powers of commissioner. SEC. 7. Be it further enacted, That said board of school commissioners shall determine as early as practicable after the beginning of the scholastic year what amount of money it will be necessary to raise by taxation to defray the expenses of running said public school for the ensuing year, and shall lay the same before the mayor and aldermen of said town, and it shall be the duty of said mayor and aldermen to proceed to levy and collect the same, provided the rate of taxation under this Act shall not exceed one-fourth () of one per cent. per annum, and when collected the clerk or other collecting officer of said town shall pay the same over to the treasurer of said board of school commissioners, which shall then constitute a fund to be expended by said board of commissioners in the payment of teachers, and in building, repairing, leasing or renting school houses and other property, and for defraying all other necessary expenses. School tax. SEC. 8. Be it further enacted, That the county school commissioner shall pay over the treasurer of said board of commissioners the apportionment of the State and county school fund coming to said town, to be by them

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expended in the maintenance of said public schools. The board of school commissioners shall require the teachers of said public schools to make out reports of the attendance of children entitled to draw the State and county school fund, so that the amount due said public schools may be estimated from the actual attendance upon said public schools. Pro rata share of State and county school funds. SEC. 9. Be it further enacted, That said Board of Commissioners shall make provision for the education of all children in said town between the ages of six and eighteen years, but separate schools shall be provided for the white and colored children. School children. SEC. 10. Be it further enacted, That the council of said town shall have power to appropriate from time to time such sums of money for the purpose of building or purchasing school houses and other school property for the use of the public schools herein provided for as the condition of the treasury may authorize. School buildings. 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, 1909. JACKSON, CITY OF, LIMITS EXTENDED. No. 222. An Act to amend the Act creating a new charter for the city of Jackson, Georgia, approved August 8, 1908; to define the corporate limits of the city of Jackson, 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 the authority of the same, That from and after the passage of this Act the Act creating a new charter for the city of Jackson, Georgia, approved August 8th, 1908, be amended, and the territorial limits thereof be defined and be as follows, to-wit: Beginning at the point where the present southern line of the present corporate limits intersect the district line between the 612th and 615th districts, G. M., Butts county, and extending therefrom due east to the western boundary of the town of Pepperton; thence northerly along the western boundary of said town of Pepperton to the northeast corner of the city of Jackson; thence due west one hundred and eight (108) chains and thirty-nine (39) links to the district line between the 612th and 615th districts, G. M.; thence due south along the said district line to the point where the north boundary line of Parkland, extended due east, intersects the said district line; thence due west along said extended line and boundary line of Parkland, to the northwest corner thereof; thence due south along the west boundary line of Parkland to the southwest corner of the same; thence in a southerly direction to the point of beginning. Jackson, city of; corporate limits. SEC. 2. All laws and parts of laws, in conflict with the provisions of this Act, are hereby repealed. Approved August 14, 1909. JEFFERSON, CITY OF, CHARTER AMENDED. No. 140. An Act to amend the charter of the city of Jefferson, in the county of Jackson, approved December 12th, 1899, so as to authorize the establishment and maintenance

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of a system of waterworks; to provide for the establishment and maintenance of a system of electric lights; to issue bonds for such improvements; to authorize the mayor and council to grant franchises to individuals or corporations, 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 the mayor and aldermen of said city of Jefferson may, at their discretion, establish, erect, equip and maintain a system of waterworks in and for said city, with or without a sewerage system, and do such work and lay such pipes and mains over the land of others, in or outside of said city, as is necessary, and to buy, or condemn, and to assess the damage therefor, as is now provided by law, either in or outside of said city, such lands as is found necessary for the purpose of erecting and maintaning such system. That said mayor and council shall have authority to create by ordinance such offices, and elect such officers necessary to carry out the provisions of this Act in erecting and maintaining such system of waterworks; to fix the terms of such officers and their compensation for services; provided, such officers shall not be eligible to hold such offices more than four years in succession. That said mayor and council shall have authority from time to time, at their discretion, to call elections and submit the matter of issuing bonds to raise money to erect such system of waterworks to the voters of said city, as provided by law in the matter of municipal bonds; and if said election is carried to issue such bonds, and sell such amount, as is required to raise the necessary funds, that they shall have authority to contract to supply

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water to private persons or corporations, to provide for the maintenance of said system of waterworks, and do all other acts not in conflict with the provisions of this charter, or the Constitution and laws of said State, necessary to carry out the purpose of this Section. Jefferson, city of; waterworks. SEC. 2. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power, at their discretion, to establish, erect, and maintain a system of electric lights in and for said city, and to buy, or condemn any lands, and assess the damages therefor, in or outside of said city, necessary for the erection and maintenance of the same. They shall have the authority to create by ordinance such offices, and elect such officers, as is necessary to carry out the provisions of this Act; to fix the terms of office of such officers and their compensation for services; provided, that such officers shall not be eligible to hold said offices more than four years in succession. That said mayor and council shall have authority, from time to time, at their discretion, to call elections and submit the matter of issuing bonds to raise money to erect such system of electric lights to the voters of said city, as provided by law in the matter of issuing municipal bonds; and if such election is carried for bonds, to issue such bonds and sell such amount as is required to raise the necessary funds. They shall have authority to contract to supply lights to private persons or corporations to provide for the maintenance of said system of electric lights and to do all other acts not in conflict with other provisions of the charter of said city, or the Constitution and laws of the State, necessary to carry out the purpose of this Section. Electric lights.

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SEC. 3. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to grant franchises for the erection of systems of waterworks, electric lights, and for other purposes of public benefit or convenience, to private persons or corporations, to make contracts with private persons or corporations, to furnish water, pump water, or supply water, or do all of same for said city, for a term or terms of years, and upon such terms and for such a consideration as may seem equitable and just between the parties to such contract. Such contracts or grants shall be approved by a resolution or ordinance entered on the minutes, and when so done the contract between the city and such party to whom franchise may be granted, and shall be signed by the mayor and countersigned by the clerk of council in behalf of the city. Franchises. SEC. 4. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and they are, hereby repealed. Approved August 14th, 1909. JEFFERSONVILLE, CITY OF, NEW CHARTER. No. 273. An Act to establish a new charter for the city of Jeffersonville, in the county of Twiggs; to provide for a mayor and five councilmen of said city; to prescribe the duties and powers of the mayor and councilmen, and their manner of election and term of office; to declare and define police powers of said city, and to provide for all matters of municipal concern and cognizance; to provide for the continuance in office of the present mayor and council until the expiration

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of their term; to provide for the succession of said city to all the property, rights, and liabilities of said city under the old charter; to provide for the passage by said mayor and council of all ordinances necessary for the good government of said city, including the right to pass ordinances for the prohibiting of the keeping of certain named liquors in said city for any unlawful purpose; to pass ordinances allowing the mayor or any councilman to issue search warrants for the search for, seizure and destruction of, any such liquors so kept, and for its seizure before the issuing of a warrant under special named circumstances; to provide for a school system for said city; and for other purposes. SECTION 1. Be it enacted by the authority of 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 municipal government of the city of Jeffersonville, in the county of Twiggs, said State shall consist of a mayor and five councilmen who are hereby constituted a body corporate under the name and style of: The mayor and council of the city of Jeffersonville, and by that name said corporation shall have perpetual succession, shall have a common seal and shall be capable in law and equity to purchase or to lease for the use of the city of Jeffersonville, any estate or estates, real or personal, within or without the jurisdictional limits of said city; and shall, by said name, be capable of suing or of being sued in any court of competent jurisdiction; and shall succeed to all the property, rights and liabilities of the present corporation of the city of Jeffersonville. Jeffersonville city of; reincorporated

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SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall remain as now fixed by law, to-wit: One mile in every direction from the center of the public well, on the east side of the court house of Twiggs county and on the grounds of said court house. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That, on the first Wednesday in December, 1909, and biennially thereafter, there shall be an election for a mayor and five councilmen of said city, who shall hold office for two years from the date of their election, and until their successors are elected and qualified. At all such elections all persons who are qualified under the constitution and law of Georgia to vote for members of the General Assembly of Georgia, and who have been bona fide residents of said city for a period of sixty days immediately preceding the date of said election, and who, before registering as hereinafter provided, have paid all State and county taxes required of them since the adoption of the constitution of 1877, except for the year of registering, and who have paid all taxes, licenses and other legal claims of said city demanded by the proper authorities thereof, shall be entitled to vote. All such elections shall be held by a justice of the peace, or notary public ex-officio justice of the peace, resident in said city, and by two freeholders thereof, or by three freeholders of said city; none of whom shall be a candidate in said election. The managers shall be appointed by the mayor and council of said city, and, upon the failure of the mayor and council to appoint, said managers shall be appointed by the Ordinary of Twiggs county. It shall be the duty of the managers to receive and count all

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votes cast. Each of said managers, before entering upon his duties, shall take and subscribe the following oath before some officer of Twiggs county duly authorized to administer oaths: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager; that I will allow all persons to vote in this election whose names are on the list furnished me by the registrars of this city for this election; and that I will allow no one to vote in this election whose name does not appear on said list; and that I will correctly count and report the votes cast; so help me, God. Elections of mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That the polls at any municipal popular election for said city shall be opened at some convenient and public place in said city at ten o'clock A. M. and closed at three o'clock P. M. Polls. SEC. 5. Be it further enacted by the authority aforesaid, That the managers of said elections shall issue to the newly elected mayor and councilmen certificates of election, showing to what office each has been elected, and shall also certify the same facts to the acting mayor and council. The first named certificates shall be sufficient authority to the persons named in said certificates to enter upon the duties of the offices, respectively, to which each has been elected, upon taking by them of the oath hereinafter prescribed. The certificates sent to the acting mayor and council shall be entered upon their minutes. Said managers shall also furnish one tally-sheet, certified as correct, to the acting mayor and council. The managers shall be paid out of the treasury of said city, one dollar each for their services in holding any such election. Certificates of election.

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SEC. 6. Be it further enacted by the authority aforesaid, That the mayor and councilmen elected at any election shall, before entering upon their duties, take and subscribe the following oath: I do solemnly swear that I will faithfully discharge all of the duties developing upon me as mayor (or councilman as the case may be,) of the city of Jeffersonville; so help me, God. Said oath may be administered by any officer of Twiggs county authorized by law to administer oaths, and shall be entered upon the minutes of council. Oath of mayor and councilmen. SEC. 7. Be it further enacted by the authority aforesaid, That in the event of the death, resignation, removal from office, or removal without the limits of Jeffersonville of the mayor of said city, the vacancy in the mayor's office shall be filled by the council of said city, three affirmative votes being necessary to a choice. In the event of a like vacancy occurring in the board of councilmen, the vacancy shall be filled by the mayor and council, three votes being necessary to a choice, which must be the votes of three councilmen, or of two councilmen and the mayor when it becomes necessary for the mayor to vote in case of a tie. At any such election all of those remaining in said governing body after the vacancy occurs; shall have a written notice of at least twenty-four hours of the time of holding said election. Said notice shall be given by any of said governing body or by the city clerk, when ordered to do so by any of said body. Said notice may be waived in writing by any one entitled to it, and shall be considered as waived by any one entitled thereto who is present at said election. In case there are not enough of said governing body left to fill vacancies, all vacancies shall be filled by the qualified voters of said city, voting as

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heretofore prescribed on the following first Wednesday of any month after the vacancies occur; provided, this day is not nearer than ten days after the occurrence of said vacancies, in which latter event the election shall occur on the first Wednesday of the following month. At any such special election, the voters' list for the preceding regular election shall be used, which may be revised by the registrars of said city by placing thereon the names of all those who may satisfy them that their names are legally entitled to be placed there. Any person elected in any way to fill out a vacancy in the governing body of said city shall fill out the unexpired term to which he is elected, holding office until his successor is elected and qualified, and shall take the same oath as prescribed in Section 6 of this Act. Vacancies. SEC. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of council to open a registration book, or books, for said city, fifty days before each regular election, for the registration of the qualified voters of said city, which book, or books, shall be kept open from nine o'clock, A. M. to twelve twelve o'clock, M., and from one o'clock, P. M. of each and every day except Sundays, until twenty days before the date of the election, when said book, or books, shall fairly and absolutely close. It shall be the duty of said clerk, upon the application of any citizen in person, and not by proxy, to allow said applicant to register his name, age, occupation, and race (whether white or colored). Each person so registering shall do so by signing with his own hand or by his mark, the following oath: I do solemnly swear that I am a citizen of the United States; that I have resided in Georgia twelve months, in Twiggs county six months, and in the city

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of Jeffersonville sixty days immediately preceding the signing by me of this oath, or that by the date of said election I will have fulfilled these conditions if still a resident of said city, that it is my intention to remain a resident of said city until the date of said election; that I am twenty-one years old, or will be by the date of said election; that I have paid all State and county taxes required of me by the laws of Georgia since the adoption of the constitution of 1877, except for this year; and that I have paid all taxes, licenses and other claims due by me to said city of Jeffersonville, which have been demanded of me by the authorities of said city; so help me God. Registration of voters. SEC. 9. Be it further enacted by the authority aforesaid, That there shall be a board of registrars of said city, consisting of three freeholders of said city, who shall be appointed by the mayor and council of said city for a term to expire when the terms of the mayor and council appointing expire. The appointment of registrars shall be done under the same rules and regulations, as to notice to the mayor and councilmen, votes necessary to a choice, and otherwise, as in the case of filling a vacancy on the board of councilmen. A vacancy occurring on said board, by any means whatever, shall be filled in like manner. Before entering upon the duties of office, each registrar shall take and subscribe the following oath before some officer of Twiggs county authorized to administer oaths and shall be entered upon the minutes of council: I solemnly swear that I will faithfully and impartially perform all of the duties devloving upon me, as a registrar of the city of Jeffersonville; that I will not allow the name of any person to be placed upon the voters

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list for any election of said city unless I am of the opinion that it is legally entitled to be placed there, and that I will not strike any name from said list unless I am of the opinion that it has no legal right to be there, so help me God. It shall be the duty of the clerk of council to turn over to said board of registrars the registration book, or books, immediately after they are closed, or when they are called for by said board after they are closed. The registrars shall then proceed to purge said list of the names of all persons who are not legally entitled to vote, as prescribed in Section 3 of this Act. The registrars, through one of their number, or through the city clerk, who is hereby made clerk ex-officio of said board, shall then give written notice to each of those whose names have been stricken from the list to appear before said board at some time and place in said city, selected by said board and named in said notice, said time not to be sooner than forty-eight hours after the service of said notice, to show cause why their names should not be stricken from the voters' list of said city for said election. At the time and place aforesaid, said board shall proceed to hear those summoned to appear, give their reasons why their names should not be so stricken, the one appearing being first informed of the reason for his having been summoned. After hearing the evidence, which may or may not be under oath, as said board may direct, said board being hereby authorized to have said oath administered orally to the witness, as in a court of law, said board shall decide by a majority vote whether or not the name of the one under consideration shall be placed upon the voters list for the approaching election. The decision of the board shall be final. At the hearing provided for in

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this section the registrars may adjourn to some other place, if they so desire, for a continuance of the hearing. In this event they shall publicly announce the time and place of the adjourned meeting. They may hold these adjourned meetings as often as it may be necessary to finish the business. After completing their labors, said board shall take up a correct list of the names of those entitled to vote at said election, and shall certify same to the mayor and council over their signatures, or over the signatures of a majority. This list, without any alteration, shall be the list used by the election managers at the election for which it was prepared. The election managers must let all those vote whose names are on the list, and must refuse to let all those vote whose names are not on this list. For their work in preparing the list, the registrars shall be paid from the treasury of said city such an amount as may be fixed by the mayor and councilmen, not to exceed five dollars each for the entire work at each election. Registrars. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to pass all ordinances they may deem necessary or proper for the good government of said city, the protection of health, life, liberty, security and property of the inhabitants thereof, and shall have all of the rights, privileges, and powers incident to such a corporation. General welfare. SEC. 11. Be it further enacted by the authority aforesaid, That upon the passage of all ordinances, and upon all votes appropriating money from the treasury of said city, and at all elections of mayor pro tem, clerk of council, marshal or marshals, school teacher

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or other officers of said city, there shall be necessary three affirmative votes, which must be the votes of three councilmen or of two councilmen and the mayor, whenever it becomes necessary for the mayor to vote in case of a tie. Whenever council may desire to pass on by-laws or regulations governing their own powers as a governing body, there shall be necessary at least four affirmative votes, either to make or amend said by-laws or regulations, which may be the votes of four councilmen or of three councilmen and the mayor, the mayor being entitled to vote on questions of this kind, whether there is a tie vote or not. On all other questions, where not otherwise provided in this Act, a majority vote of those present shall be sufficient, three being always necessary to transact any business, and the presiding officer being always entitled to vote in case of a tie. Vote in council for affirmative action. SEC. 12. Be it further enacted by the authority aforesaid, That all ordinances, rules and regulations heretofore passed by the mayor and council of the city of Jeffersonville shall remain in full force and effect to the same extent and as fully as if passed under the authority of this Act, unless inconsistent with the terms of this Act. Existing ordinances, etc. SEC. 13. Be it further enacted by the authority aforesaid, That the present mayor and council shall hold office until the expiration of the term for which they have been elected, and until their successors are elected and qualified. Existing government. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor of said city shall be executive officer of said city, and shall preside at all council meetings

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at which he is present. He shall see that all ordinances of said city are faithfully carried out. He shall have control of the marshal, or marshals, of said city and other arresting officers of said city, and shall have authority to appoint special police whenever he may deem it necessary or proper. He may suspend any marshal or policeman of said city, whenever he may deem it advisable; and the officer so suspended shall not be restored to duty until restored by the mayor or by the votes of at least three councilmen at a meeting of council, either regular or called, said meeting not to be earlier than three days after said suspension. It shall be the duty of the mayor to see that the peace and good order of said city is preserved, and that all persons and property therein are fully protected; and to this end he may cause the detention of all riotous or disorderly persons in said city. He shall preside over the mayor's court of said city, which is hereby established as a court to try all persons charged with a violation of the penal ordinances of said city. He may sentence any person convicted in said court of having violated any of said ordinances to pay a fine not to exceed two hundred dollars, to work on the streets of said city or other public works of said city, not to exceed ninety days, or to serve in the barracks of said city, which may or may not be the common jail of Twiggs county, not to exceed ninety days. He may inflict all of said punishments, or any part thereof, on any offender found guilty in his court, or he may impose a fine with either a street sentence or a barracks sentence in lieu of the fine. If there is an ordinance providing for costs of officers, he may also add the costs of the trial, which shall not exceed the amounts provided

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hereinafter. All fines and forfeitures collected in the mayor's court shall be paid into the treasury of the city, except the costs in the case or cases in which collected, and enough of the fines and forfeitures to pay all unpaid costs of officers accrued in other cases. Powers of mayor. SEC. 15. Be it further enacted by the authority aforesaid, That there shall be kept a docket for the mayor's court, upon which shall be entered the name of the accused, the name of the offense charged, and the disposition of the case, together with the date of the trial, and such other data as may serve to give a complete history of the case. Mayor's court. SEC. 16. Be it further enacted by the authority aforesaid, That upon the trial of all accused persons in the mayor's court, there shall be a written accusation sworn to by the marshal, clerk, or any other person capable of taking an oath. The mayor or any member of council is hereby authorized to administer and attest said oath, which shall be substantially as follows: Accusation and trial of offenders. Georgia, Twiggs county: Personally appeared before the undersigned officer of the city of Jeffersonville....., who on oath says that, to the best of his knowledge and belief,..... did, on the..... day of....., 190....., violate one of the ordinances of said city by committing the offense of..... Sworn to and subscribed before me this..... day of....., 190..... .....of said city. Upon the demand of the accused or his counsel, the defendant shall be furnished with a copy of the accusation against him before he shall be required to announce

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ready for trial. In case the defendant does not ask for a copy of the accusation at some time before sentence is passed, he may be tried without any such accusation upon the statement of the case upon the accused and a conviction in such event shall be as legal and binding as if had under an accusation. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and any member of council or the clerk of council of said city shall be authorized to issue subp[oelig]nas for the mayor's court, which must be obeyed by any person served therewith in said city under penalty of being summarily punished by the mayor or other person presiding in the mayor's court for a contempt. The mayor or other person presiding in the mayor's court shall have the same power to keep order in court and to punish for contempt as the judges of the Superior Courts in this State, in so far as same is applicable to a court of this kind, but in no event shall the punishment be greater than a fine of fifty dollars and imprisonment of twenty-four hours in the barracks of said city, which punishment may be in the alternative or not, as the court may direct or it may be both punishments combined. Subpoenas. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor, or any councilmen, the city clerk, or any marshal or policeman of said city shall have the authority to issue a summons to any person to appear in the mayor's court to answer a charge of violating a city ordinance, the offense to be named in the summons, and any failure of the person so summoned to appear, without a good and sufficient excuse shall subject the person so failing to appear to be dealt with

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in the mayor's court as provided for a delinquent witness. This mode of dealing with a person charged with violating an ordinance shall not be construed as prohibiting the arresting officer from arresting with or without a warrant, according to law, any offender whether previously summoned or not. Witnesses. SEC. 19. Be it further enacted by the authority, That the mayor and council shall pass all proper ordinances providing for the levy and sale of property to enforce payment by the owner of said property of all taxes, licenses, fines, penalties in appearance bonds, and other claims of said city of like kind, after an execution has been issued therefor by the clerk of said city bearing test in the name of the mayor. In case of the forfeiture of bond, the proceedings shall be the same as that provided for like cases in the Superior Court. In the other cases mentioned above, the ordinance may provide for the summary issuing of a fi fa. by the clerk or in case of tax fi fas. by the tax collectors of the State. The said governing body may also pass suitable ordinances for the impounding and sale of horses, mules, cattle, hogs, and other live stock running at large on the streets of said city, said sale to be upon failure of the owner or other person in charge to pay the fine for allowing said stock to run at large and for the impounding fees as provided by suitable ordinance. In all cases of levy and sale by the marshal of said city, or other officer of said city, the rules governing sheriff's sales shall govern. In case of a claim, illegality, or other like plea being filed, the fi fa. shall be returned to the city court of Jeffersonville under the same rules as that applying to fi fas. issued from said court, unless the title to land is involved in the issue so raised, in

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which event it shall be returned to the Superior Court of Twiggs county. The clerk of the court to which the fi fa. is returned shall docket same as if issued from that court, and the issue shall stand for trial as if the fi fa. were issued from that court. Collection of taxes, etc. SEC. 20. Be it further enacted by the authority aforesaid, That the mayor and council may, in their discretion pass an ordinance or ordinances, allowing costs to the clerk and the arresting officer in all cases in the mayor's court. Said cost of the clerk shall not exceed fifty cents for docketing the case, ten cents for each subp[oelig]na in said case issued by him, and fifty cents for making out the commitment papers whenever the defendant is held for a State court. The costs of the arresting officer shall not exceed one dollar for the arrest, twenty-five cents for each subp[oelig]na served by him, and fifteen cents for each meal furnished by him to the prisoner while under arrest; but in all cases committed to a State court, the fees allowed the arresting officer shall be those fixed by law for constables in like cases, and shall be paid as costs in the court to which defendant is committed, as shall likewise the costs of the clerk of council as fixed above. Fees of officers. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor's court shall, in addition to its other functions, be a committing court to the same extent as a justice court of this State. Committing court. SEC. 22. Be it further enacted by the authority aforesaid, That there shall be a mayor pro tem of said city, to be selected from the members of council, and to be elected under the same rules as clerk of council, who shall preside over all council meetings in the absence

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or disqualification of the mayor, and who shall preside over the mayor's court under similar circumstances or at the request of the mayor; but in the absence of both the mayor and the mayor pro tem or of their disqualification, or at the request of the mayor, or of the mayor pro tem, in the absence or disqualification of the mayor, any member of council may preside over council meetings or over the mayor's court. Mayor pro tem. SEC. 23. Be it further enacted by the authority aforesaid, That as soon as practicable after the election and qualification of the mayor and council, at the biennial elections of same, it shall be the duty of said body to elect a clerk of council. The clerk so selected may be one of the members of council, or may be any other person, in the discretion of said body. If the clerk is one of the councilmen, he shall not, by reason of his accepting the clerk's place, be disqualified from attending to his other duties as councilman. The clerk of council shall also be treasurer of the city. It shall be the duty of the clerk to attend all meetings of council, to keep the minutes of same, to act as clerk of the mayor's court and of the board of registrars, and to do all clerical work required of him by the mayor and council connected with the city business; and, in his capacity as treasurer of the city, to receive and safely keep all funds of the city, and to pay them out upon proper vouchers, signed by three councilmen or two councilmen and the mayor whenever the funds were voted in this manner, to keep an itemized account of all receipts and disbursements, and to turn over all funds and property of the city in his hands when going out of office. His books shall, at all times, be open to inspection by the mayor or any member of council. The

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mayor and council shall also elect as soon as practicable after their election and qualification a marshal, or marshals, for said city, who shall be selected from the inhabitants of said city or of any other place, in the discretion of the mayor and council. Both the clerk and marshal, or marshals, shall each give a bond as may be required by ordinance, said bond to be approved by the mayor of said city, and to be payable to the mayor and council of the city of Jeffersonville and their successors in office, and to be conditioned on their faithful performance of duty and turning over by them of all funds belonging to said city in their hands, any such officer shall hold office in the pleasure of the mayor and council, with the proviso that any marshal or other arresting officer may be suspended by the mayor, as provided above. Before entering upon their duties of office, such officers shall take and subscribe the following oath before some officer of Twiggs county authorized to administer oaths or before the mayor or any member of council: I do solemnly swear that I will faithfully perform all of the duties devolving upon me as clerk and treasurer (or marshal, as the case may be) of the city of Jeffersonville, so help me God. Said oath shall be entered on the minutes of council. Any policeman appointed temporarily by the mayor as an arresting officer of said city shall not be required to take oath or to give bond, unless otherwise ordered by the mayor, but shall be considered as a member of the marshal's posse summoned by the mayor. Clerk and marshal. SEC. 24. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilman of said city who has not all of the qualifications as to age, sex, and residence, required of

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one to be elected to the General Assembly of the State of Georgia, or who has not resided in said city one year continuously immediately preceding his election, or who does not continue so to reside during his term of office. Qualifications of mayor and councilmen. SEC. 25. Be it further enacted by the authority aforesaid, That the clerk and marshal, or marshals, and all special policemen appointed by the mayor shall receive such salary or compensation as may be fixed by the mayor and council, which shall be subject to change at any time. The mayor and councilmen shall be paid such sums and be allowed such exemptions as may be fixed by proper ordinance; but said exemptions shall not be more than exemption from street duty, and said sum paid the mayor shall not be more than one hundred dollars per annum, and the sums paid the councilmen shall not be more than twenty-five dollars per annum. The last named restriction shall not apply to the combined salary of councilman and clerk and treasurer when one man fills both offices. Salaries. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to tax all theatrical shows, slight-of-hand performances, flying-jennies, medicine shows, circuses, circus parades, auctions, and all other enterprises of a similar nature. Said governing body shall also have the right to require, in their discretion, all persons in charge of said enterprises to furnish at such performances a special policeman to be appointed by the mayor and paid by such persons in charge of same. Special taxes. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and council may, by proper ordinances, establish fire limits in said city, and may

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prescribe the kinds of buildings, the kinds of material used in same, the kinds of business conducted therein, and the manner of conducting same within fire limits. Fire limits. SEC. 28. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall lay and collect a street tax for all male inhabitants of said city who reside there for as long as thirty days, and who are between the ages of sixteen and fifty years; provided, that if any person can produce satisfactory evidence that he has worked the streets of any town or city for the time required by said town or city during the same calendar year, or that he has paid the required street tax thereof, he shall not be required to work the streets in the city of Jeffersonville during that calendar year or to pay any street tax there. If any person can produce satisfactory evidence that he has done the same under any county system, he shall be likewise excused. The street tax imposed by said city shall not exceed three dollars per annum for each one liable thereto, which shall not be prorated for any part of a year, and those subject to said tax shall have the alternative of working it out on the streets of said city under the supervision of the said mayor and council or of any overseer appointed by said body, said work to be done when called for by said body or its overseer, each day to consist of ten working hours. Street work or commutation tax. SEC. 29. Be it further enacted by the authority aforesaid, That the mayor and council of said city may pass ordinances forcing all persons subject to any tax, license or other claim of said city, except ad valorem property tax, to pay same, or to work in lieu thereof, in case of street tax, under a penalty of being dealt with for a

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violation of said ordinances, as provided in Section 14 of this Act. Tax defaulters. SEC. 30. Be it further enacted by the authority aforesaid, That the mayor and council of said city may lay and collect an ad valorem tax upon all property in said city, real and personal, not to exceed one per cent. per annum upon the assessed valuation of same. Ad valorem tax. SEC. 31. Be it further enacted by the authority aforesaid, That in case the city does lay an ad valorem property tax, as provided above, the clerk of council shall keep a book, or proper blanks, as may be prescribed by said body, for the tax returns of said city; and at such times as may be required of them by the mayor and council, the inhabitants of said city and non-residents owning property therein, shall make returns of property, real and personal, owned by them in said city. The mayor and council may provide for the double taxing of all those who fail to give in their property for taxation at the time required. In case any of these returns are too low, in the opinion of the mayor and council, a written notice shall be served on the tax payer, whose returns are objected to, to appear before said body at some time fixed in said notice, which shall not be nearer than two days from the time of service of same, to show cause why said returns should not be raised. The decision of the mayor and council after the hearing, shall be final. These hearings may be continued as hereinbefore provided for in case of hearings before the registrars. The mayor and council may assess all property not given in at whatever valuation they may deem proper, and may also put a double tax on same as provided above. Tax returns.

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SEC. 32. Be it further enacted by the authority aforesaid, That the mayor and council may offer a reward for final conviction of all persons charged with the violation of any ordinance or ordinances of said city. The amount of the reward shall in no case exceed fifty dollars. Said reward shall be paid from the treasury of said city. Rewards for offenders. SEC. 33. Be it further enacted by the authority aforesaid, That the mayor and council of said city may assess a dog tax upon all dogs over six months old in said city, not to exceed one dollar per annum for each dog; and said governing body, in addition to the other means of collection of said tax, may pass ordinances for the seizure of any dog for which the tax has not been paid, and, after a notice of twenty-four hours to the one owning said dog or having same in charge, may have said dog killed. Dog tax. SEC. 34. Be it further enacted by the authority aforesaid, That the mayor and council may pass all ordinances that they may deem proper prohibiting all persons from having within the limits of said city, in his or her custody or control, any wines, beers, malt, alcoholic, spirituous, or intoxicating liquors of any kind for any illegal purpose, and to provide for the punishment of all persons violating same, said punishment to be as provided for in Section 14 of this Act. Said ordinance, or ordinances, may also provide for the destruction of all liquors found to be in said city for any illegal purpose. Said mayor and council may pass suitable ordinances for the issuing of search warrants by the mayor or by any member of council, upon the oath of any person in writing that, to the best of his knowledge and belief, any

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such liquor is kept in any place in said city for an illegal purpose. Said oath may be administered and attested by the mayor or any member of council. Said warrant shall be directed to any marshal or policeman of the city of Jeffersonville, commanding him to enter said described place, search for any such liquor, and to seize same upon discovery and keep same in his custody subject to the orders of the mayor's court, and to return said warrant with an endorsement thereon of his actings and doings to the mayor's court. Said ordinance may provide for the seizing without a warrant of any such liquor by any such officer whenever he finds same in said city under such circumstances as would justify him in swearing out a warrant for the seizure of same, as provided above, and in seizing same under such warrant; but said ordinance must provide that the officer seizing such liquor without a warrant, as above, must proceed as soon as possible to swear out such a warrant, and to endorse upon same his actings and doings and return same to the mayor's court. Said ordinance must provide for a written notice to the party appearing to have said liquor in his custody, and if no one appears to have same in his custody or control, then to the one who appears to have the building or place where same was found in his control, to appear in the mayor's court and show cause why said liquor should not be destroyed. At the hearing, the person presiding in the mayor's court shall hear the evidence on both sides, if any, and shall determine whether or not said liquor was kept in said city for any illegal purpose, said decision to be made whether the person notified has appeared in answer to the notice or not. If the question is decided in the affirmative, said person presiding in the mayor's

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court shall order same to be destroyed after thirty days from the date of the judgment, unless proper legal steps are taken in the meantime to prevent. Intoxicants. SEC. 35. Be it further enacted by the authority aforesaid, That the said mayor and council shall have the authority, and it shall be their duty, to establish and maintain a system of public schools for said city, to examine and employ teachers for said schools and to make such rules and regulations for the government of said schools as said governing body may deem proper. Separate schools for the white and colored children of said city shall be provided for said mayor and council. The mayor and council may provide for an admission fee to be collected for each child attending said schools, not to exceed one dollar and fifty cents per annum, from the parent or guardian of such child. The board of education of Twiggs county is hereby authorized and required to turn over to the mayor and council of said city of Jeffersonville, under such rules and regulations as said board of education may prescribe, the portion of the common school fund of Twiggs county in the hands of said board of education, or that may hereafter come into the hands of said board, from whatever source derived, which said board may ascertain to be the proper portion of said fund belonging to said city. The mayor and council of said city may admit the children of non-residents of said city to the benefit of the school system of said city upon such terms as may seem to them reasonable and just. Said mayor and council are hereby authorized to supplement the funds turned over to them by the board of education of Twiggs county with such amounts from the treasury of said city as they may

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deem proper and as the condition of the treasury of said city will permit. Public schools. SEC. 36. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the authority to remove from office any member of council who shall, after trial before said body sitting as a trial court, be convicted of having failed to properly account for any property or funds belonging to said city in his hands, or of having, while a member of said board of council, been guilty of any act of gross misconduct while drunk or otherwise. Said removal may take place for any such act committed during any former term of said councilman as well as during the term during which the trial takes place; provided that no trial for the last named offense shall be begun later than six months from the time of the alleged offense. The members of council, sitting as a trial court, shall have the authority to try in the same way, and under the same restrictions, the mayor for a like offense, and, upon conviction, to remove him from office. In the event of a trial of either the mayor or a councilman, as above, the accused shall not form a part of the trial court and shall not vote therein. In order to convict the accused, four affirmative votes shall be necessary, in the case of a councilman the votes to be the votes of four councilmen or of three councilmen and the mayor, the mayor having a right to vote whether there is a tie vote or not; in the case of the mayor the votes to be the votes of four councilmen, the temporary presiding officer having a right to vote whether there is a tie vote or not. Any of said officers shall not be tried except upon a written accusation, signed by any inhabitant of said city, and sworn to before some officer of

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Twiggs county, authorized by law to administer oaths, and setting forth with as much particularity as practicable the time, place and circumstances of said alleged offense. The accused shall be served by clerk of council with a written notice of the time of said trial, said time to be determined by the majority of those qualified to try him, whenever such majority shall determine to try him upon any accusation filed with them, as above. Said notice shall be considered as waived by the accused if he appears at said trial. The accused shall have the usual rights as to a continuance, the subpoenaing of witnesses, introducing witnesses, being present at the trial, and of benefit of counsel. Said trial court shall proceed to hear said case whether the defendant is present or not, after they are satisfied that the accused has received the proper notice and that the defendant has no sufficient excuse for his absence. After a full and public hearing the trial court may, in the discretion of a majority, deliberate in private on their verdict. A verdict of guilty shall, of its own force, remove the defendant from office, and he shall remain so removed until the verdict is set aside by a court of competent jurisdiction. This sentence and removal shall not protect the defendant from being dealt with otherwise for his offense by any court of competent jurisdiction, nor shall it disqualify him from being elected to the same or any other office. Malpractice. SEC. 37. Be it further enacted by the authority aforesaid, That no person shall be tried for any offense in the mayor's court of said city, unless the case against the accused is put upon the docket of the mayor's court within six months from the time of the alleged commission

Page 1002

of the offense, or unless an accusation, as hereinbefore provided, is filed in said court within said period. Limitation against prosecutions. SEC. 38. Be it further enacted by the authority aforesaid, That any person convicted in the mayor's court of said city, except for contempt committed in the presence of the court, shall have the right to appeal the case to the council, or to the mayor and council in case the trial took place before any other officer than the mayor. Said appeal must be in writing, and must be filed in said court within four days, Sunday excepted, from the date of the conviction. It must be signed by the accused, and must be substantially as follows: Jeffersonville, Ga.,....., 19..... I hereby enter my appeal from the conviction against me in the mayor's court of the city of Jeffersonville on the..... day of....., 19....., for the offense of....., and ask the council of said city for a re-hearing on same. Said appeal shall operate as a supersedeas; but unless the accused pays into court the amount of the fine assessed against him, where there has been a fine assessed, or gives bond for his appearance before council at the time of the re-hearing to answer the final judgment in the case, he must be held in the custody of the marshal by imprisonment, or otherwise, until the time of the hearing, unless the person presiding in the mayor's court at his conviction orders him released on his own cognizance. The bond mentioned above must be in an amount fixed by the person presiding at the conviction and must have such sureties as are approved by said officer. When the case comes on for a re-hearing, the person presiding in the mayor's court at the time of the conviction, must not take any part in the trial on the re-hearing. The judgment in the mayor's court shall stand approved

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unless there is an affirmative vote to change it, of at least four councilmen or of three councilmen and the mayor, when the mayor did not preside at the first trial. The trial must be conducted the same way as provided for trials in the mayor's court. Said trial before council must take place as soon as practicable after the appeal is entered. The appeal court may acquit the defendant, or they may find him guilty and sentence him as provided in Section 14 of this Act. The sentence may be the same as that at first imposed, or it may be greater or less in the discretion of said body. Appeals. SEC. 39. The mayor or other person presiding in the mayor's court shall have the right at any time after a conviction, and before the fine is paid or before the sentence is served, to suspend the sentence imposed; provided, that in case said order of suspension is not revoked by the one issuing it within six months from the time it is issued, said order of suspension shall act as a complete bar to the further pressing of said sentence against the person convicted. Suspension of sentence. 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 16th, 1909. LA FAYETTE, CITY OF, CHARTER AMENDED. No. 262. An Act to amend the charter of the city of La Fayette, and for other purposes. SECTION 1. Be it further enacted, That Section 3 be, and the same is, hereby amended by striking out the

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word and, immediately following the word year, in the fourth line from the top of said section and inserting in lieu thereof the word or; and by inserting immediately after the word qualified in the fourth line from the top of said section the words and all subsequent elections for said offices shall be upon the first Tuesday in December; also by striking out the word January, immediately following the word in, in the ninth line from top of said section and inserting in lieu thereof the word December so that said section when amended shall read as follows: La Fayette city of. SEC. 3. Be it further enacted, That on the first Tuesday in January, 1904, there shall be held in said city an election for mayor, five aldermen, a city marshal, and a recorder, who shall hold their offices for one year or until their successors are elected and qualified; and all subsequent elections shall be held upon the first Tuesday in December of each year. At said first elections all persons residing within the corporate limits aforesaid for six months, who would be entitled to vote for members of the General Assembly shall be qualified electors. After said first election, there shall be held annually on the first Tuesday in December an election for mayor, five aldermen, a city marshal and a recorder. At such subsequent elections all persons who shall have been bona fide residents of said city for six months, all taxes of every description legally imposed and demanded by authority of the city who shall have been duly registered as hereinafter provided and who shall be qualified to vote for members of the General Assembly shall be qualified electors. Such election shall be conducted under the management of a justice of the peace and two freeholders who are electors of said city

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and not candidates in said elections, or, in the absence of a justice of the peace, any three freeholders, electors of said city, not candidates in said election, may manage the same. Said managers shall conduct elections as near as practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be opened at eight o'clock A. M. and close at four o'clock P. M. After the first election under this charter the mayor and city council may appoint any three freeholders or any two freeholders and a justice of the peace, who are electors of said city, to conduct said election. The managers shall each, before proceeding with the election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders, or justices of the peace, to hold the same. That we will make a just and true return thereof, and not knowingly permit anyone to vote unless we believe he is justly entitled to do so according to the charter of this city, not knowingly prohibit anyone from voting who is entitled, and we will not knowingly divulge for whom any vote was cast unless called upon to do so under the law, so help us God. Said affidavit shall be signed by each superintendent, or manager, in the capacity in which he acts. Said oath shall be made and subscribed to before some officer authorized to administer oaths, if any such be present, and if no such officer be present, said oath may be made and subscribed by each manager in the presence of others. The managers acting at first election under this charter shall issue a certificate of election to each of the persons elected, which shall be recorded on the records of the city. Said certificates shall be sufficient authority to the person so

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elected to enter upon the discharge of their official duties after qualification, as hereinafter provided. The managers of each subsequent election shall issue to the newly elected mayor, each of the aldermen, the city marshal and the recorder a like certificate, and shall also certify the result of the election to the acting council, which last certificate shall be entered upon the records of said mayor and council. Said managers shall also furnish to the city council one of the tally sheets of said election certified by them as correct. Elections of municipal officers. SEC. 2. Be it further enacted, That Section 13 of the new charter for the city of La Fayette be amended by inserting the words one and immediately following the word exceed in the tenth line from the top of said section so that said section, when so amended, shall read as follows: SEC. 13. 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 La Fayette shall have full power and authority and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax upon real and personal property, within the corporate limits of said city, to defray the ordinary annual expenses of the city government, a tax not to exceed three-tenths of one per centum, and to pay any other extraordinary expenses of the city government, such tax not to exceed one and one-fourth of one per centum, as may be necessary in the discretion of the mayor and city council of the city of La Fayette. Taxing power. SEC. 3. Be it further enacted, That Section 20 of said charter be amended by inserting immediately after the

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words tax and license, in the third line from the top of said section, the words or fine, so that said section when amended shall read as follows: SEC. 20. Be it further enacted, That should any person, firm or corporation, fail or refuse to pay the city tax or license, or tax and license, or fine, imposed by the city authorities according to this charter, within the time allowed or prescribed by the ordinances of said city, the recorder shall issue an execution against said delinquent for the amount due by him to said city, which shall bear test in the name of the mayor and recorder of said city. Said execution shall bind all property that said defaulting tax payer owns in said city for the year for which said taxes are due; said execution shall be directed to and enforced by the marshal of said city, who, after levying the same upon the property of said defaulting tax payer, shall, if the property levied upon be personal property, advertised for sale by posting notice thereof in three or more public places in said city for ten days before the day of sale, and if the property levied upon be real estate, he shall advertise the same once a week for four weeks within the public Gazette wherein the sheriff's sales of Walker county are advertised, or some other newspaper published in said city, before selling the same. All sales under such execution shall be made by the city marshal before the door of the court house of Walker county, or such place as the mayor may direct, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal at public outcry under the laws of sheriff's sales to the highest bidder for cash. When personal property is sold the marshal shall deliver possession thereof on the spot to the purchaser;

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when real estate is sold the marshal shall make to the purchaser a deed, which shall be effectual in passing the title as the deed of a person against whom the execution was issued, and it shall be the duty of such marshal, upon the application of the purchaser or his agent, to put in possession said purchaser or his agent, of the real estate sold; provided, said marshal shall not be authorized to turn out any other person than such delinquent tax payer, his heirs, tenants or assigns. The recorder shall be entitled to fifty cents for each fi. fa. issued, and the marshal shall be entitled to the same fees or levies as are by law allowed a constable in the state and the same fees for selling as is by law allowed the sheriff in this State. Collection of taxes, etc. SEC. 4. Be it further enacted, That Section 25 of said charter be amended by inserting after the last word in said section the following: All taxes due said city of La Fayette, shall be due and payable on the first day of May of each year, or at such time as the council of said city may by ordinance repuire. So that said said section, when so amended, shall read as follows: SEC. 25. Be it further enacted, That the mayor and city council of said city shall prescribe by ordinance the time and manner in which the officer or officers to whom all property, occupations, etc., shall be returned for taxation by said city, and it shall be the duty of the tax assessor to value the real estate of said city for taxation, and to scrutinize carefully each return of property, real and personal, by any tax payer in the said city, and if, in their judgment, they shall find the property embraced in the return, or any portion of it returned below its value, said assessors shall assess the value

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thereof within fifteen days, or such other time as may be prescribed by the mayor and city council, when the assessors shall raise the valuation at which the tax payer has returned his property. Said assessors shall give him written notice of their assessment, and it shall be the tax payer's privilege, if dissatisfied with the assessment, to appeal to the mayor and city council under such rules and regulations as they may prescribe. All taxes due said city of La Fayette, shall be due and payable on the first day of May of each year, or at such time as the council of said city may, by ordinance, require. Tax returns. SEC. 5. Be it further enacted, That Section 34 of said charter be amended by inserting immediately after the words a system of, in the seventh line from the top of said section, the following words: public schools, and also inserting immediately after the word erect, in the thirteenth line from the top of said section, the words public school and other, so that said Section when amended shall read as follows: SEC. 34. Be it further enacted, That the mayor and city council shall have power and authority to contract debts and issue bonds of said city under and in accordance with the general laws applicable to municipalities, and with the funds arising from the sale of any bonds thus issued may refund any existing debt, establish and maintain a system of public schools, water-works, gas works, a system of electric lights, and a street railway system, or they may grant franchises to any person or persons, firm or corporation, to purchase, acquire, erect, own, operate, manage and control water-works, gas works, electric lights, telegraph, telephone, or

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street railway system. They shall also have authority to erect public schools and other public buildings, or any improvement necessary for the welfare of the citizens of said city, and to create a debt and issue bonds of said city for the above described purposes under the limitations herein stated. Municipal bonds. SEC. 6. Be it further enacted, That Section 40 of said charter be amended by striking the words upon giving bond with good security, in such sum as may be fixed by said mayor for his appearance, in the fifth and sixth lines from the top of said section, and inserting immediately after the word certiorari, in the third line from the top of said section, the following: and paying said fine and all the costs, or making oath that he is unable to give the bond or pay the costs, so that said section when amended, shall read as follows: Section 40. Be it further enacted, That any person who may be convicted before the mayor and city council of the city of La Fayette may, by giving notice of his intention to certiorari and paying said fine and all the costs, or making oath that he is unable to give bond or pay the costs, suspend the judgment, and may be released from custody at once; provided, all certiorari from said court may be sued out, sanctioned and filed within thirty days from the judgment; and provided, no such certiorari shall issue until the fine and all costs shall have been paid or an affidavit been made by the defendant showing his inability to pay the costs or give the bond. Certiorari. SEC. 7. Be it further enacted that Section 41 of said charter amended by striking from said section, beginning in the twelfth line of the said Section, on page 565,

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Acts 1903, and striking the following words: to elect a board of trustees for said public schools, composed of seven citizens of said city, whose qualifications shall be the same as that for mayor of said city, and whose term of office shall be prescribed by ordinance by the mayor and council; provided, that after the first election of said board of trustees, there shall not become more than one vacancy annually in said board, except by death, resignation or removal, and inserting in lieu thereof, the following: Provided, further, that there shall be a board of trustees and that the board of trustees for said public school shall consist of six citizens of said city, whose qualifications shall be the same as that of mayor of said city; provided, however, that no member of the city council shall be eligible or qualified to serve as a member of said board of trustees nor shall any member of said board of trustees be eligible or qualified to serve as mayor or city councilman. Said board of trustees shall be elected by the qualified voters of said city in the same manner as provided in the charter for the mayor and councilmen, and said election shall be held at the same time and place and under the same rules and regulations as the mayor and councilmen for said city. The term of office of each member of said school board shall be for the term of three years from their election and qualification, or until their successors are elected and qualified; provided, however, that the present members of said board of trustees shall hold office until their successors are elected and qualified, and provided, further, that two of the members of said board whose term first expires or whose term of present office is nearest expired shall be succeeded by two members elected on the first Tuesday in December, 1909; provided,

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further, that the member of said board of trustees whose term expires first be, and the same is, hereby abolished, and the two whose terms expire next thereafter shall be succeeded by the two members to be elected as above provided, on first Tuesday in December, 1909. The next two members of the present board whose terms next expire shall be succeeded by two members who shall be elected on first Tuesday in December, 1910, and the remaining two members shall be succeeded by two members who shall be elected on first Tuesday in December, 1911. So that at each annual election there shall be two members elected to fill the places of those whose terms expire as above provided; provided, also, that said board of trustees shall elect one of their number and members, chairman, who shall vote only in case of tie. In case of vacancy by death, removal, resignation or otherwise, the remaining members of said board shall appoint a successor whose term of office shall expire on the first Tuesday in December following, when a successor shall be regularly elected a successor for the unexpired term of the one originally vacating said office. Two members as aforesaid to be elected on first Tuesday in December each year, unless vacancies occur which shall be filled as above provided. So that said section when amended shall read as follows: Section 41. Be it further enacted by the authority aforesaid, That the mayor and city council of the city of La Fayette are authorized to levy a tax annually, in addition to that authorized in Section 13 of this charter, not to exceed one-fourth of one per cent. on all property within the corporate limits of said town, both real and personal, which is subject to taxation under this charter, for the purpose of establishing and maintaining a system

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of public schools in and for said city of La Fayette; provided, the funds so raised are used only for the purposes set forth in this section; and provided, further, that before this section shall take effect and become operative, the mayor of the said city of La Fayette shall order an election, giving at least thirty days notice thereof, by advertising said notice once a week for four weeks in some newspaper published in said town, to ascertain the will of the qualified voters under this Act at said election, whether public schools shall be established or not in said city. All persons voting at said election shall have written or printed on their ballots For Public Schools or Against Public Schools; and if the question shall be decided affirmatively by the necessary constitutional majority, it shall be the duty of the mayor and council to levy the tax authorized in this section; provided, further, that there shall be a board of trustees and that the board of trustees for said public school shall consist of six citizens of said city whose qualifications shall be the same as that of mayor of said city; provided, however, that no member of the city council shall be eligible or qualified to serve as a member of said board of trustees nor shall any member of said board of trustees be eligible or qualified to serve as mayor or city councilman. Said board of trustees shall be elected by the qualified voters of said city in the same manner as provided in the charter for the mayor and councilmen, and said election shall be held at the same time and place and under the same rules and regulations as the mayor and councilmen for said city. The term of office of each member of said school board shall be for the term of three years from their election and qualification, or until their successors are elected and

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qualified; provided, however, that the present members of said board of trustees shall hold office until their successors are elected and qualified, and provided, further, that two of the members of said board whose term first expires or whose term of present office is nearest expired, shall be succeeded by two members elected on the first Tuesday in December, 1909; provided, further, that the member of said board of trustees whose term expires first be and the same is hereby abolished, and the two whose terms expire next thereafter shall be succeeded by the two members to be elected as above provided on first Tuesday in December, 1909. The next two members of the present board whose terms next expire shall be succeeded by two members who shall be elected on first Tuesday in December, 1910, and the remaining two members shall be succeeded by two members who shall be elected on 1st Tuesday in December, 1911. So that at each annual election there shall be two members elected to fill the places of those whose terms expire as above provided. Provided, also, that said board of trustees shall elect one of their number and members chairman, who shall vote only in case of tie. In case of vacancy by death, removal, resignation or otherwise, the remaining members of said board shall appoint a successor whose term of office shall expire on the first Tuesday in December following, when a successor shall be regularly elected, a successor for the unexpired term of the one originally vacating office. Two memebrs as aforesaid to be elected on first Tuesday in December each year, unless vacancies occur which shall be filled as above provided. Said board of trustees shall devise, design, and adopt a system of thorough instruction in said city, and shall have exclusive jurisdiction over all the schools

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established under said system, and said board of trustees is hereby empowered to modify the same from time to time as circumstances may require; they are hereby empowered to establish such schools as they may deem proper to appoint, remove or suspend teachers in their discretion, to fix salaries for teachers, to fix such incidental or matriculation fees as they may deem proper; to prescribe a curriculum or course of study; to make such by-laws, rules and regulations for the control of said school as they may think proper, in their discretion to make such arrangements with any educational institutions that are now in said city or that may be established in said city that may be deemed proper to carry out the provisions of this Act or any part thereof, and to perform such other lawful acts as may be necessary or conducive to the proper and successful operation of said school system; provided, however, should the question at the election aforesaid be decided negatively, the mayor of said city is authorized to order other elections upon the same question; provided, further, that twelve months shall have elapsed since last election. The qualification for voters in said election shall be the same as those required under the Act in elections for mayor and aldermen, except that voters under this Section shall not be required to register. School tax. SEC. 8. Be it further enacted, That Section 43 of said charter be amended by adding after the last word in said Section the following words: the mayor and council of said city of LaFayette shall be and are hereby required to make a public financial statement of the amounts received and expended by them as officials of said city at the end of the year for which they were

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elected and served, so that said Section, when amended shall read as follows: Section 43. Be it further enacted, That any of the officers of said city of LaFayette, who may be sued for any act done in his or their official capacity, may be justified under this charter, and that the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and aldermen of said city, or either of them, for any act done by them, or either of them, under and in accordance with the ordinances passed in pursuance thereto. The mayor and council of said city of LaFayette shall be and are hereby required to make a public financial statement of the amounts received and expended by them as officials of said city at the end of the year for which they were elected and served. Protection of officers. SEC. 9. Be it further enacted by the authority aforesaid, and it is hereby enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1909. LAWRENCEVILLE, CITY OF, CHARTER AMENDED. No. 95. An Act to amend Section fifty-two (52) of an Act incorporating the city of Lawrenceville, Lawrenceville, Ga., approved August, 1904, by striking said Section, which provides for the election of a treasurer for said city; to provide a depository for the funds of said city, 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 the authority of the same, That from and after the passage of this Act, that Section fifty-two (52) of the Act of the General Assembly of the State of Georgia, approved August, 1904, incorporating the city of Lawrenceville, Lawrenceville, Ga., be, and the same is, hereby amended by striking the whole of said Section and insert in lieu thereof, which is to be, and is hereby made Section fifty-two (52) of the Act incorporating the city of Lawrenceville, Ga., approved August, 1904, the following: Be it further enacted, That the mayor and council of said city shall, on the first day of January in each year, beginning with January 1st, 1910, designate some bank in the city of Lawrenceville as a depository for all the funds belonging to said city, and the clerk of said city shall from time to time make deposits of such funds as they come into his hands, in such bank so designated as herein provided. Provided, however, that the provisions of this Act shall not be held to defeat the present treasurer of said city from receiving the compensation as provided by said Act, on January 1st, 1909, for the year 1909. Lawrenceville, city of. City depository. SEC. 2. Be it further enacted, That when such bank is so designated as a depository for the funds of said city, said bank shall give such bond as the mayor and council may direct, indemnifying said city against loss by reason of such funds being placed in such bank. Such bank so receiving the funds of said city and paying the same out as directed by the mayor and council shall not be allowed any compensation therefor.

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SEC. 3. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1909. LAWRENCEVILLE, CITY OF, CORPORATE LIMITS EXTENDED. No. 74. An Act to amend Section three (3) of an Act incorporating the city of Lawrenceville, Lawrenceville, Georgia, approved August, 1904, extending the incorporate limits of said city to three-quarters of a mile in every direction from the center of the court house, as now situated in the public square in said city. 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 Section three (3) of the Act of the General Assembly of the State of Georgia, approved August, 1904, incorporating the city of Lawrenceville, Georgia, and an Act amendatory of the General Assembly of the State of Georgia, approved August 22nd, 1905, be, and the same is, hereby amended as follows: first, by striking the word one-half from the second line of said Section and insert in lieu thereof the word three-fourths; second, by striking the following from the conclusion of said Section as amended on said date of August 22nd, 1905; provided, however, that the residence of J. L. Hagood shall be, and is included within said corporate limits, so that when amended said Section and amendment thereto will read as follows: Be

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it further enacted, That the corporate limits of said city of Lawrenceville shall extend three-fourths of a mile in every direction from the center of the court house, as now situated in the public square in said city. Lawrenceville, city of; corporate limits. SEC. 2. Be it further enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Approved August 11, 1909. LITHONIA, TOWN OF, CHARTER AMENDED. No. 73. An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the town of Lithonia, in DeKalb county, to confer additional powers upon the town council of Lithonia, and for other purposes, passed by the General Assembly of Georgia and approved December 20, 1890, and to be found in the Acts of the General Assembly of 1890, Vol. 2, page 802; to confer additional powers upon said corporate authority, to curb the streets and sidewalks of said town, and carry into effect the authority herein granted; the mayor and council shall have full power and authority to assess and collect the costs of curbing and otherwise improving the sidewalks and streets. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled 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

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purposes, approved December 20, 1890, and to be found in the Acts of the General Assembly of 1890, Vol. 2, page 802, be and the same is hereby amended as follows, that from and after the passage of this Act, the following shall constitute Section 27 of said charter: That the mayor and council of said corporation shall have full power and authority to curb the streets and sidewalks of said town, and to carry into effect the authority herein granted, the mayor and council shall have full power and authority to assess and collect the cost of curbing and otherwise improving the sidewalks and streets of said corporation against the real estate abutting on such sidewalks to the amount of not exceeding one-half of such costs; 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 such streets in such proportion as the mayor and council may provide by ordinance. Said mayor and council shall have full power to adopt by ordinance such a system of equalizing and collecting assessments on real estate for the purposes above stated as may be just and proper, estimating the total costs of each improvements made, and prorating the cost thereof on real estate according to its frontage on the streets or portions of streets so improved. The mayor and council shall have authority to curb and contract to curb all or any part of the streets without giving any railroad company or other property holder or the 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

Page 1021

shall have rank and priority of payment next in point of dignity to liens for taxes, and such liens to date from the passage of the ordinance authorizing the execution of the work in each instance. The 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 curb and otherwise improve the streets, sidewalks and alleys of said city; to enforce by execution the cost thereof against the adjacent property owner and railway company, and to provide how the agent or owners thereof shall be served with notice by personal service. Lithonia, town of. Street improvements. SEC. 2. Be it further enacted by the authority aforesaid, That Section 27 of said charter shall, after the passage of this Act, be known and distinguished as Section 28 of said charter. SEC. 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 11, 1909. LOGANVILLE, TOWN OF, CHARTER AMENDED. No. 48. An Act to amend an Act entitled An Act to incorporate the town of Loganville, in the counties of Walton and Gwinnett, and define its limits; to provide for a mayor and council and other officers of said town, and prescribe their powers and duties; provide for all matters of municipal concern and cognizance, and for other purposes, found in the Acts of the Legislature of Georgia of 1905, page 936, so as to change, amend

Page 1022

and modify said Act incorporating the town of Loganville, and especially the provisions in regard to the voting franchise, registration, public schools, and in other respects, and for other purposes. SECTION 1. Be and it is hereby enacted by the General Assembly of the State of Georgia, That the title to the Act incorporating the town of Loganville, Acts of the Legislature of 1905, pages 936 to 954 inclusive, be and it is amended and corrected, by striking from the title of said Act the words, in the counties of Walton and Gwinnett, and inserting in lieu thereof, the words in the county of Walton, the territory described in said Act as being incorporated, all lying in Walton county. Loganville, town of; in county of Walton. SEC. 2. Be it further enacted by the authority aforesaid, That said Act incorporating the town of Loganville be, and it is amended by striking from said Act and repealing Section 6 thereof on page 938, Acts 1905 and inserting in lieu of the language therein used on the subject of qualification and registration of voters, and to take the place of the whole of Section 6, the following: That all male persons 21 years old, who have resided in the State of Georgia 12 months, in the county of Walton 6 months, and in the town of Loganville 3 months, and have paid all taxes required of them under the law, and are qualified to vote for members of the General Assembly of Georgia, and who are registered as required by the laws of said town, shall be entitled to vote in all elections held in and for said town of Loganville, under the provisions of its charter, or any amendment thereto. Voters.

Page 1023

SEC. 3. Be it further enacted by the authority aforesaid, That the voter's oath found in Section 7 of said Act incorporating the town of Loganville, on page 938, Acts 1905, be and it is hereby repealed and the following oath to be used in lieu thereof enacted, to-wit: I do solemnly swear that I am twenty-one years old, or will be at the time of the election next to be held in and for the town of Loganville; I have resided in the State of Georgia 12 months, or will have resided in said State 12 months by the time fixed for said election; I have resided in the county of Walton 6 months, or will have resided in said county six months by the time fixed for said election; I have resided in the town of Loganville three months, or will have resided in said town three months by the time fixed for said election; that I have paid all taxes legally required of me, and am in all respects qualified to vote in said election. Voter's oath. SEC. 4. Be it further enacted by the authority aforesaid, That should the election which was held and carried for public schools in said town on the 18th day of May, 1909, be declared void by the courts, the mayor and council shall have authority to call other elections in said town for public schools, until said proposition is carried by the required two-thirds Constitutional majority; provided, such elections shall not be called and held oftener than one each twelve months, and then not on the day any other election is held. If such election is carried by said Constitutional majority, the mayor and council shall have authority to levy an ad valorem tax on all the taxable property in said town annually, not to exceed one-half of one per cent., to be used for the maintenance of public schools in said town as provided under its charter, and especially Section 49 thereof.

Page 1024

Such elections shall be held under the same rules and regulations of other elections held in and for said town, after a special registration for the same, and those voting in said election favoring public schools by local taxation shall have written or printed on their ballots, For Public Schools, and those opposing such proposition shall have written or printed on their ballots, Against Public Schools. Notice of said election shall be given by a publication of the same in the newspaper publishing the sheriff's advertising in said county of Walton, or in a local paper having a general circulation, and by posting in two public places in said town. Said notice shall state the time said election is to be held, the purpose of the election and the form of ballots to be used. Elections for public schools. School tax. SEC. 5. Be it further enacted by the authority aforesaid, That all laws in conflict with this amendment are hereby repealed. Approved August 9, 1909. LUMBER CITY, TOWN OF, NEW CHARTER. No. 218. An Act to create a new charter for the town of Lumber City, in the county of Telfair, and to incorporate said town, and to declare and consolidate the rights and powers of said corporation, to define the corporate limits of said town of Lumber City, to provide for 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 removal from

Page 1025

office, to provide for retention of the present officers of the town of Lumber City until election of officers for said town under this charter; to provide that all ordinances, rules and regulations of the town of Lumber City incorporated by this Act, until the same are repealed or amended by mayor and aldermen of the town of Lumber City; to provide for streets and sidewalks and working and paving of same, to authorize the mayor and aldermen to maintain and operate a system of waterworks, electric lights and sewerage for the town of Lumber City; to provide for assessment, levying and collection of street tax and ad valorem tax upon all property, both real and personal, for several purposes, and for the purpose of paying principal and interest on the bonded debt of the said town, 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 Lumber City, heretofore incorporated under the laws of Georgia, shall from and after the passage of this Act, have and be known by the corporate name of the Town of Lumber City, and by that name be and are, hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and the said town of Lumber 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

Page 1026

the town council, such ordinances, 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 the United States, and the said town of Lumber 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 and hereditaments of all kinds whatsoever, within or without the limits of the said town, for corporate purposes, they shall have special powers in its corporate capacity to make all contracts which they may deem necessary for the welfare of the town or its citizens, to assess values of property, levy and collect taxes thereon, to declare what is a nuisance, and remove nuisances. They shall have full control and power over streets, lanes and alleys of the town to levy and collect street tax per capita and otherwise when necessary and remove obstructions therefrom, as is generally exercised by and granted to municipal corporations under the laws of this State, which are necessary and proper in order to regulate, make, maintain and preserve a proper and legal government of said town, and to declare what act or thing shall be unlawful. Lumber City, town of; reincorporated. Corporate name and powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Lumber City, as enacted by this Act, shall be as follows, to-wit: to extend three-quarters of a mile in every direction from a certain iron stob at the southeast corner of the depot of the Southern Railway Company. Corporate limits.

Page 1027

SEC. 3. Be it further enacted by the authority aforesaid, That the government of said town of Lumber City shall be vested in a town council composed of a mayor and six aldermen. The present mayor and councilmen of the town of Lumber City shall continue of office until the expiration of the term for which they were appointed and until their successors and associates shall be elected and qualified, and execute all rights, powers, and duties thereby conferred on the town council of the town of Lumber City, created by this Act; and all the ordinances, rules and regulations of the old corporation of the town of Lumber City, not repugnant to this charter, are continued in full force and effect until the same are repealed, annulled, amended, changed or modified by the town council of Lumber City, and all officers elected or appointed by the mayor and councilmen of the old corporation of the town of Lumber City shall continue to hold their offices and to discharge the duties thereof until 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 of Lumber City. Mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Tuesday in January, 1910, and each year thereafter, an election shall be held for mayor and six aldermen, who shall be elected for a term of one year or until their successors are elected and qualified; that if a vacancy occurs in the office of mayor or alderman by removal, resignation or death, the town council themselves shall select and elect some proper person for said vacancy, and by resolution declare him chosen to fill the vacancy. Elections of mayor and aldermen.

Page 1028

SEC. 5. Be it further enacted by the authority aforesaid, That on the first Tuesday in February in each year, or as soon thereafter as possible, that the newly elected mayor and aldermen shall enter upon the discharge of their duties as mayor and aldermen after they take and subscribe to the following oath before some officer authorized by law to administer oaths in this State, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as mayor (or alderman as the case may be) of the town of Lumber City for the ensuing term, and that I will faithfully enforce the charter and ordinances of said town of Lumber City to the best of my skill and ability without fear or favor, so help me God. Should the mayor or any alderman be absent from this meeting he or they shall take said oath of office as soon as possible thereafter. Official oath. SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or alderman unless he be a citizen of said town and who shall have resided in the State two years and in the town twelve months immediately preceding his election, and who is a qualified voter in municipal elections for officers of said town and entitled to register under 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, and mayor pro tem., while acting as mayor, shall have the right to vote upon any question before the council, and 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 four days

Page 1029

after their action on said measure, and be entered of record on the minutes of council, and said measure shall not be effectual unless passed over said veto by a vote of two-thirds of said town council at first or second regular meeting of said 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, shall call a special meeting of council, and if all the aldermen, or all save two of the aldermen be present, they may, in their discretion, then and there act on said measure so vetoed. Mayor's vote and veto. 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, or 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 duties of the mayor for the time being. The mayor pro tem. shall be elected by the mayor and council at their first regular meeting or as soon thereafter as possible. Mayor pro tem. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and four aldermen shall constitute a quorum for the transaction of any business before the town council at its regular or called 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 on the first Tuesday in each month, and shall hold called 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

Page 1030

meetings of the town council shall be public and the public shall be allowed at all times to witness their deliberations, except when the town council resolves itself into executive session, when the public shall be excluded. Quorum. Meetings. SEC. 10. Be it further enacted by the authority aforesaid, That every male citizen of the town of Lumber City, incorporated under this Act, twenty-one years of age, who shall have resided in this State one year next preceding the election and six months in the county of Telfair and three months within the corporate limits of the town of Lumber City next preceding the election, and who is entitled to register and vote under the laws of the State of Georgia for representative in the General Assembly of Georgia, and who is a legally registered voter under the laws of the said town, and who shall have paid all taxes which may have been required of him by said town, and which he may have had an opportunity to pay agreeably to law, and the payments 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 Lumber City for any purpose whatever. Voters. SEC. 11. Be it further enacted by the authority aforesaid, That all of the elections held under the provisions of this charter, and all elections in which any subject, if submitted to the qualified voters of the the town of Lumber City, shall be superintended and managed by some judicial officer and two clerks or by two freeholders and one clerk, all of whom shall reside in the town of Lumber City, and each of said managers, before entering upon his duties shall take and subscribe before some competent officer, or before one of their numbaer, the following oath: We and each of us, do swear that we will faithfully and impartially conduct this election,

Page 1031

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, which shall be securely sealed up and the names of the managers and clerks written across the seal, the same shall be preserved by the clerk of council and kept for twelve months and then destroyed without being opened. All elections shall be held at the town hall or council chamber in said town, and by ballot. The polls shall open at eight o'clock A. M. and close at three o'clock P. M. Persons receiving the highest number of votes cast for the respective offices shall be declared elected and the results shall be spread on the minutes of the town council. The managers of all elections held under the provisions of this charter, shall be chosen by the town council, who shall provide for the pay of the managers and their clerk; provided, however, that if the managers as chosen fail to act, then mayor or mayor pro tem., shall appoint other managers. So far as possible all the provisions of this charter on the subject of elections, shall apply to primary elections held in said town. Elections, how held. SEC. 12. Be it further enacted by the authority aforesaid, That said mayor and council shall provide, by ordinance, for the registration of all voters in said town, for the punishment of illegal registration, when said book shall be opened, by whom kept, and when closed. Registration of voters. SEC. 13. Be it further enacted by the authority aforesaid, That in case the managers of any election shall have any reasonable doubt as to the qualification of any voter, or should any vote be challenged, they shall administer to said voter the following oath: You do swear

Page 1032

that you are a citizen of the State of Georgia and entitled to register and vote under the laws of the State of Georgia for representatives in the General Assembly of Georgia, that you have attained the age of twenty-one years, that you have resided one year in this State and six months in the county of Telfair and three months within the corporate limits of the town of Lumber City, and have paid all taxes, licenses and fines legally required of you by said town of Lumber City. Oath of voter. SEC. 14. Be it further enacted by the authority aforesaid, That any person voting illegally at any election herein provided for, or at any primary election held in said town of Lumber City, shall be guilty of a misdemeanor, and be punished as prescribed in Section 1039 of the code of Georgia. Illegal voting. SEC. 15. Be it further enacted by the authority aforesaid, That the town clerk, or such other person as the mayor and town council may select, shall open a book for the registration of voters, and it shall be the duty of the clerk or other person in charge, upon application of any person entitled to vote, which application shall be made in person and not by proxy, to register the names of such person and his occupation, and such person, before registering his name, shall in each subscribe before the clerk, or such other person in charge of said registration book, the following oath. Said clerk or other person being hereby authorized to administer said oath, to-wit: You do swear or affirm that you are twenty-one years of age, or will be before the next town election, that you are a citizen of the United States, that you have resided in this State for twelve months,last past, and in the county of Telfair for the last six months, and in the

Page 1033

said town of Lumber City for the last three months, and that you have paid all legal taxes, licenses, fines and assessments required of you by the authorities of said town of Lumber City, and that you are entitled under the laws of this State to register and vote under the laws of this State, in election of representatives in the General Assembly of Georgia, so help me God. And the said town clerk, or other person in charge, shall furnish the managers of said election with a list of said registered voters, made out in alphabetical order, as soon as the polls are opened, and failing to comply with any of the provisions of this Act, he shall be punished as the council may prescribe. Registration book. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the said town of Lumber City are hereby authorized and empowered to elect for the said town annually, and for the term of one year, unless sooner discharged, a clerk, treasurer, chief of police and as many policemen as they think necessary. Town physician, recorder, town attorney and tax assessors, and so many of said officers and such other officers 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 mayor and town council, at any time they may see fit to make such suspension, removal or dismissal, and no officer so dismissed or removed, no matter whether the time for which he has been appointed or elected has expired or not, salary of said officer so dismissed shall cease. The mayor and

Page 1034

aldermen at their discretion may elect or appoint the same person to discharge and perform the duties of more than one office, all such officers shall be elected at the first regular meeting held after the election of said mayor and aldermen or as soon thereafter as possible. Municipal officers. SEC. 17. Be it further enacted by the authority aforesaid, That the town of Lumber City, incorporated under this Act, shall lose none of the powers, rights, benefits or privileges conferred upon the town of Lumber City by the Act of the General Assembly approved September 3rd, 1889 and the amendments thereto. All of the former charter not in conflict with this Act shall remain in full force and effect. Preexisting rights. SEC. 18. Be it further enacted by the authority aforesaid, That the said town of Lumber City, incorporated under this Act, assumes all of the debts, obligations, agreements and contracts of the town of Lumber City, incorporated under an Act of the General Assembly approved September 3rd, 1889 and the amendments thereto, and will collect all money due the said town of the old corporation. Claims and liabilities. SEC. 19. Be it further enacted by the authority aforesaid, That the Act creating the public schools of Lumber City approved.....and all of the Acts amendatory thereto, shall remain in full force and effect as if they were set forth and formed a part of this Act, and are hereby expressly declared to be in full force and effect, as if they were set forth in this Act, and are hereby expressly declared to be and shall continue in full force and effect. Public schools.

Page 1035

SEC. 20. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the said town of Lumber City shall have the right and power to grant franchises, easements, and rights of way, over, in, under and on the public streets, lanes, alleys, side walks, parks and other property of said town on such terms and conditions as they may fix; provided, that no franchise shall be granted for a term of more than twenty years, but there shall be nothing in this Act that shall interfere with the town of Lumber City, incorporated under this Act, in carrying out the agreement and contracts of the town of Lumber City incorporated under this Act in carrying out the agreement and the contracts of the town of Lumber City incorporated under the Acts of the General Assembly approved September 3rd, 1889, and all Acts amendatory thereto for franchises for telephone and electric light purposes. Franchises. SEC. 21. Be it further enacted by the authority aforesaid, That the said mayor and aldermen of the town of Lumber City shall have full power and authority to establish a fee bill for the officers of said town not higher than the fees allowed the justices of 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 officers of said town a straight salary for their services. Fees of officers. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right and full power and 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,

Page 1036

and to pay for the services of such accountant such reasonable and just amount as they agree upon. Inspection of books of officers. SEC. 23. Be it further enacted by the authority aforesaid, That the compensation and salaries of the mayor and aldermen and all other officers, servants and employees of the said town shall be such sum as the mayor and council may fix; provided, however, the mayor's salary shall not exceed $200.00 per year and that of the aldermen shall not exceed the sum of $12.00 per year, but the mayor and aldermen and such other officers as they see fit, may be exempt from street tax or street duty, the mayor and town council shall not have the right to increase their own salaries during their term of office, but may increase or decrease the salaries for mayor and aldermen for the following year; provided, the same must be done sixty days before the election for mayor and aldermen and not thereafter. When said change of salary is not made at time specified, salaries of mayor and aldermen shall remain the same as it was the preceding year. Salaries. SEC. 24. Be it further enacted by the authority aforesaid, That should the mayor or any member of the council fail, refuse, or neglect to attend any meeting of council without good and sufficient reasons, which must be submitted either in person or in writing, he shall be fined in a sum not to exceed $1.00 for each offense, and should the mayor or any alderman fail, refuse or neglect to perform the duties of his office for the term of two months without good and sufficient reason, or move out of the jurisdictional limits of the town of Lumber City, then the office of such person shall become vacant and shall be so declared by the remaining council by resolution,

Page 1037

and the office shall be filled as provided for in Section 4 of this Act. Non feasance. SEC. 25. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority and be authorized to appropriate from the treasury of said town such amount of money for the relief of any poor person or other strictly charitable purpose as they may see proper, where such persons or objects are within the limits of said town. Charity. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gun powder, tar, pitch, rosin, coal, benzine, naphtha, nitro-glycerine, turpentine, cotton petroleum, kerosene oil, dynamite, gasoline, or other combustible or explosive substances or material, within the limits of said town, and to regulate the use of lights in stables and shops or other places, or building bonfires; to regulate and prohibit the sale and use of fireworks, firecrackers, torpedoes, sky rockets, roman candles, firing of guns, pistols, anvils, and every kind of gaming or hunting within the corporate limits of said town. Explosives etc. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the right and power to exercise authority and supervision over all buildings, repairs on buildings, and the erection or placing of fences within the corporate limits of said town; and it is hereby empowered and given the authority to require by ordinance all persons, contractors and builders to obtain from the council a building

Page 1038

permit and to provide penalty for failure to comply with this ordinance. Building permits. SEC. 28. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have full power and authority to provide by ordinance or ordinances, for the mode and manner of contesting elections for mayor and aldermen of said town, or other election in said town, how and by whom heard and by what means and practice said contest shall be moved from one court to another and may provide any and all necessary rules and ordinances for a fair investigation of any contests which are not inconsistent with the constitution and laws of this State. Contested elections. SEC. 29. Be it further enacted by the authority aforesaid, That the mayor and town council are hereby invested with the power to establish fire limits in said town and to prohibit the erection of any wooden building or structure as will in the opinion of said mayor and town council, increase the fire risk in such part or parts of the town of Lumber 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 awnings and sheds, of stove pipes, chimneys, and flues, as may be necessary to guard against conflagrations and may require building or structure permits, which permits shall specify the material to be used and the manner of its use in such erection and 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

Page 1039

and other places in said town where materials of any 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 kept or may be placed; said mayor and town council shall have power and authority to remove any forge smith-shop or structure within the town whenever in their discretion they shall deem it necessary 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 instantly and whenever it shall appear to them that unsound or unsafe houses, buildings or structures of any sort are 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 a 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 to do so instanter; and the policemen or marshal, 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, whenever

Page 1040

any property shall have been destroyed under the provision of this section, the town of Lumber City in its corporate capacity shall be liable to the owner thereof for the actual cost value thereof but shall not be liable for any prospect in profits or speculative damages in connection therewith. Fire limits. SEC. 30. Be it further enacted by the authority aforesaid, That it shall be the duty of the town clerk to collect and keep, subject to the direction of the town council, all moneys due and belonging to the town, except as hereinafter otherwise provided, to be the custodian of the books and records of the town, to attend and 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 perform all of the duties usually required of a clerk of a court of like character, to be ex-officio clerk of the board of health of the town, and to perform such other duties as are required of him by this Act, and which may be required of him from time to time by the town council. Before entering upon the duties of his office the town clerk shall execute such bond with good security in an approved security company, (the premiums to be paid by the town) conditioned upon the faithful discharge of his duties, in such sum as may be required of him by the town council. He shall make quarterly reports to the town council of all receipts and disbursements in detail, and each report shall be posted in the town at such places as may be designated by the town council. He shall also make the town council an annual report showing the gross amounts collected from each source and the gross amounts expended on each department; all of these reports to be spread on the minutes of council. Duties of town clerk.

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SEC. 31. 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 paid out, 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 subject to the inspection of any citizen 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 the said town. The duties of the treasurer are such as are usually done by such town officer or which may be required of him by the ordinances of said town in 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 bond and in such sum as may 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 mayor and town council to do so. The office of town clerk and town treasurer may be consolidated in and at the discretion of the town council. Duties of treasurer. SEC. 32. Be it further enacted by the authority aforesaid, That all other officers elected or appointed by the town council shall take such oaths and give such bonds as they may be required so to do, and also to perform such duties as they may be required to do by the ordinances, rules and regulations of the town council, and

Page 1042

to otherwise conform to all of the requirements made by the mayor and town council, governing such office. Oath and bond of officers. SEC. 33. Be it further enacted by the authority aforesaid, That the mayor and town council shall have full power and authority to care for, and make any and all necessary repairs to the cemetery of said town, to increase or enlarge the same and to buy and purchase and improve new cemeteries as they may in their discretion see fit and proper, whether same is within or without town limits. They shall have power to regulate and provide for the burial of the dead therein and may sell and grant by deed to persons who wish to purchase any vacant or unoccupied lot or lots in said cemetery for burial purposes. They shall have full power and authority to employ a manager, sexton or any other employee for the same and for whatever else they may deem best to preserve, protect and beautify said burial places. Cemetery. SEC. 34. 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 the town council shall prescribe, and whose duty and compensation shall be prescribed and regulated by rules, regulations and ordinances of said town council. The 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 three members, for such term as the town council may prescribe, and at such salaries as they may think right and proper. The members of said board of health shall be twenty-one years of

Page 1043

age or over, a bona fide resident of said town, and shall take and prescribe to such oath and obligation as may be prescribed and required of them by said town council. Said town council shall define, declare and regulate by ordinances and resolutions the duties and powers of said board of health not inconsistent with the laws of the State of Georgia. Health officers. SEC. 35. Be it further enacted by the authority aforesaid, That the mayor and town council shall have full power and authority to establish 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 Telfair county within one mile of the limits of said town of Lumber City, and anywhere within these limits, either in said town or county, may establish, locate or 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 and quarantine purposes, either permanent or temporary, and condemnation proceedings shall be had and done in the same manner and by the same rules as is provided in Section 71 of this Act for condemning lands for streets, etc., and all provisions of that section for the purpose shall apply and be a provision for this purpose, for the election or appointing of arbitrators to the trial of appeal, and they may by ordinance or resolution put any part or the whole of said area under

Page 1044

quarantine, and may arrest, detain, and if need be, confine any person or persons from, or suspected to be from, any place or places suspected to be infected, and detain or confine any sick person or persons from day to day as they by ordinance may see fit to declare and prescribe. They shall have power to stop, delay, board and search all trains, cars, 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. No State board that now is or that may hereafter 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 violators of 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 or 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 entire area when it shall so recite. Quarantine. SEC. 36. Be it further enacted by the authority aforesaid, That the 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,

Page 1045

weeds and undergrowth and other offensive matter and material from any and all occupied and unoccupied lots or places within the said town limits, at the expense of the owner of said lots and places, who if he or they shall refuse or fail after written notice from the authorities aforesaid, to comply with the terms of the ordinance, rules and regulations, after two days from the time that written notice is served upon him or them, 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 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 returing such 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 by this Act, where executions are issued by the town for construction, paving or otherwise improving the streets and sidewalks of said town. Sanitation. SEC. 37. Be it further enacted by the authority aforesaid, That 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 Lumber City, and within one mile of the incorporated 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

Page 1046

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 costs, or imprisonment in the common jail or such other place of confinement and labor upon the streets and sidewalks or public works of said town not more than thirty days for each offense. Vaccination. SEC. 38. Be it further enacted by the authority aforesaid, 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 Lumber City, any 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 and expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience and good government of and for said town. Suppression of vice. SEC. 39. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, no person or persons shall be allowed to sell either by wholesale or retail, or furnished in any manner whatsoever, except in case of sickness or accident, any whiskey, wine, brandy, gin, beer, ale, bitters, larger beer, near beer, cider, or any other spirituous or malt liquors of an intoxicating nature within the limits of the town of Lumber City. Intoxicants. SEC. 40. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have full

Page 1047

power and authority to pass such ordinances as they may think proper to more effectually prohibit the sale of spirituous, vinous, malt or intoxicating liquors within the corporate limits of the town of Lumber City, and for that end may provide ordinances punishing any person or persons keeping in said town spirituous, vinous wine, cider, malt or intoxicating liquors for illegal sale or dispensing same for advertising purposes, or in order to secure trade, and to provide ordinance punishing any person or persons who may purchase in said town any of said liquors from any person or persons selling, by himself or agents, any of said liquors within corporate limits of said town of Lumber City. Keeping or sale of intoxicants. SEC. 41. Be it further enacted by the authority aforesaid, That the marshal and policeman of said town shall have full power and authority to enter and, if necessary, to break open and enter any place in said town where the mayor and aldermen may have reasonable causes to believe, or may suspect to be a blind tiger, or a place where spirituous, vinous, malt or intoxicating liquors are sold, or kept for sale and to seize the stock of said liquors and the apparatus for selling the same and said mayor and aldermen shall have full power and authority to abate as a nuisance any place in said town when said mayor and aldermen shall have reasonable cause to believe it 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 any person for maintaining a nuisance, as above stated, and as a punishment for same said mayor and aldermen, or said mayor and aldermen, or said mayor shall have full power and authority to cause the marshal and policemen of said town to seize and destroy the

Page 1048

stock of liquors of the said person or persons and the apparatus for selling same, and to otherwise punish offender or offenders as may be prescribed by ordinance. The mayor and aldermen shall have full power by ordinance to carry into effect and to enforce the provisions of this Section. Blind tigers, etc. SEC. 42. Be it further enacted by the authority aforesaid, That it shall not be lawful for any official of said town of Lumber City to be interested directly or indirectly in any contract with said town, and when any official is found guilty in violation of this section, his office shall be declared vacant by the remaining councilmen by resolution, and the office so made vacant shall be filled as provided for in this Act. Municipal contracts. SEC. 43. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power and authority to prevent cattle, horses, mules, goats, hogs, sheep, dogs and other animals from going at large in said town and to take up and impound any such animals 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 and control and prevention of all such animals in said town running at large, and they shall have authority to have any dog running at large without a badge, killed. Live stock. SEC. 44. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to pass and enforce such rules, regulations and ordinances as shall prohibit any person or persons from keeping pigeons and geese within the limits of said town, and when such pigeons or geese shall be declared a nuisance by the mayor and town council,

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written notice shall be served on the owner to abate such nuisance within two days, and if such owner shall fail or refuse to obey such notice, then the town marshal shall kill said pigeons or geese and there shall be no recourse on the marshal of said town or the town of Lumber City for damages. Pigeons and geese. SEC. 45. Be it further enacted by the authority aforesaid, That the mayor shall at the first meeting of council after his election or as soon thereafter as possible, shall appoint such committees as shall be provided for by ordinances, rules and regulations of said town, and the said mayor and town council shall prescribe their duties and said committees shall make reports to the mayor and council as may be required of them by rules, regulations and ordinances of said town. Committees. SEC. 46. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full power and authority to pass all necessary ordinances, rules and regulations regulating and prescribing the speed of railroad trains running within the limits of the town; it shall have the power to require by ordinance the railroad companies to station watchmen at street crossings or to prescribe by ordinance that all trains running across or parallel to any street shall be preceded by a flagman; it shall have full power and authority to pass ordinances making it a penal offense for any railroad company or its employees or both, to block any street crossing with railway trains, cars or any other obstruction than is necessary for trains to pass on said crossing. The mayor and council shall have full power and authority to pass all other ordinances with reference to regulation of the running or

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operation of railway trains within the town limits that it may deem necessary to protect and safeguard the public. Regulation of railroads. SEC. 47. Be it further enacted by the authority aforesaid, That the mayor and town council shall have the power to require railroad companies within the incorporate limits of the town of Lumber City to make crossings on their several roads for the convenience of the traveling public, and to keep the same open for travel and well lighted at night, and to pass all ordinances needful for the carrying out of the provisions of this section, and in case said railroads fail to make said crossings when notified to do so, the mayor and town council shall have the power to put the same across such railroads and light the same at the expense of said railroads and the clerk of the council may issue an execution for the amount so expended against such railroad. Railroad crossings. SEC. 48. Be it further enacted by the authority aforesaid, 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 power intrusted to them, or for any reason becomes incompetent or unfit to fill such office, in the judgment of any four 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 remaining 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 Telfair county, who shall issue a rule unless thereupon requiring the said offending officer named therein to appear and show cause before him, at such time and

Page 1051

place as he may therein designate, and require the same to be 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 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 non feasance. SEC. 49. 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 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 town council, and the police courts, and shall have authority to convene the council in extra session when he deems it proper so to do. Power and duties of mayor. SEC. 50. Be it further enacted by the authority aforesaid, That in the absence of the mayor, disqualification of the mayor, that the mayor pro tem. shall act and be clothed with all the powers of mayor. Mayor pro tem. SEC. 51. Be it further enacted by the authority aforesaid, That any of the officers of the said town of Lumber City who may be sued for any act or thing done in his official capacity, may be justified under this charter, and that the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and aldermen, or other officers of said town, or either of them, for any act or acts done by them or either of them under and in accordance with its provisions

Page 1052

and in accordance with the ordinances passed in pursuance thereof. Protection of officers. SEC. 52. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to control and regulate the running and operating of all locomotive trains, automobiles, bicycles and other vehicles for transportation of persons or freight, limit the speed of such locomotives, trains, automobiles, bicycles, and to prevent unnecessary noises 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 to provide penalties and enforce the same for violations thereof. Speed and noise of machines. SEC. 53. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the town of Lumber City, and to prescribe penalty for violation thereof. Vagrancy. SEC. 54. Be it further enacted by the authority aforesaid, That the said town of Lumber City shall have the following power: (1) To try all nuisances within the town, to define what shall constitute a nuisance, to cause any nuisance likely to endanger the health of the town, or any part thereof, to be abated in a summary manner; to charge the expense of abating the same against the person causing the nuisance or to the owner of the premises on which the same may exist, and to enforce the collection of the same by execution. Police powers.

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(2) To regulate butcher pens, butcher shops, tan yards, livery stables, fish stands, restaurants, or any other business in which decaying animals or vegetable matter or in any in which noxious odors may become dangerous and injurious, or offensive to the public, or to any part thereof, to license same only in such localities as may be the least offensive to the public, and to revoke the license of same when they prove dangerous or injurious as aforesaid. (3) To prohibit the keeping of hogs in pens or fields within the limits of said town. (4) To require owners of lots to drain the same, to fill up excavations or depressions, and upon failure to do so after reasonable notice, to have the same done at the owners expense and enforce collection of the amount so expended by an execution against said property upon which said work is done. (5) To organize a chaingang and put at compulsory labor thereon all persons convicted of violating any ordinances of the town. (6) To regulate by ordinance the laying and construction of railroad track switches, depots, water tanks and all other matters pertaining to the construction of railroads within the limits of said town. (7) To adopt and enforce ordinances for the protection of shade trees on the streets and public places in said town, to protect places of divine worship, and public gatherings, and all public property. (8) To organize and equip a fire department either paid or volunteers and adopt such rules, regulations

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and ordinances as will best promote the object of this section. (9) To provide by ordinance for the proper observance of the Sabbath. (10) To punish for a violation of any ordinance of said town, not otherwise provided for in a sum not to exceed $100.00, or imprisonment or compulsory labor on the public works, streets and sidewalks of said town of Lumber City not to exceed thirty days, any one or more of these in the discretion of the court. SEC. 55. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the power and authority to adopt a code of ordinances and to amend and repeal the same, or any part thereof. Code of ordinances. SEC. 56. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or disqualification, the mayor pro tem. may hold and preside over a court in the town of Lumber City, to be called the police court, for the trial of all offenders against the laws and ordinances of said town, 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 any ordinance of the town by a fine, not to exceed $100.00, imprisonment in the town jail, not to exceed thirty days, and to work on the streets, sidewalks and public works of said town of Lumber City not to exceed thirty days, any one or more of these punishments may be inflicted by the mayor, or acting mayor,

Page 1055

in his discretion, and the fines imposed may be collected by execution. Police court. SEC. 57. Be it further enacted by the authority aforesaid, That the mayor of the town of Lumber City shall be ex-officio for offences committed within the limits of the said town. Said warrants may be served by the police or marshal of said town, or by any other officer authorized by law to make arrest, and acting under said warrants, said officers may arrest either within or without the said limits of the said town. Offenders so arrested may be carried before the mayor, and if there is a probable cause to suspect that if any of the penal laws of the State have been violated by the person or persons charged, it shall be the duty of the mayor to commit said accused to jail of Telfair county to answer to the charge of any court of competent jurisdiction; provided, that if said offense is one that is bailable by justices of the peace, said mayor may admit said accused to bail. SEC. 58. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the power to authorize by ordinance the marshal, or any policeman of said town to summons any, or all bystanders to aid in the arrest of any person or persons violating any ordinance of said town, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. SEC. 59. Be it further enacted by the authority aforesaid, That it shall be lawful for the marshal or any policeman of said town to arrest without warrant, any person or persons within the corporate limits of said town, who at the time of said arrest, or before that time

Page 1056

have been guilty of violating any of the ordinances of said town, and to hold such person so arrested until a hearing before the proper officers can be had; and to this end said arresting officers are authorized to imprison and to confine any person or persons arrested by them, in the town jail or the jail of Telfair county for a reasonable length of time. The marshal and policemen of said town 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 town are also authorized to arrest, anywhere within the limits of this State, any person charged with violating any of the ordinances of the town of Lumber City; 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 town except in obedience to written warrant, signed by the mayor or mayor pro tem. or acting mayor. The town marshal or any policeman may take bond for the appearance of person or persons arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for as forfeitures of appearance bonds by the mayor or mayor pro tem. Arrests. SEC. 60. Be it further enacted by the authority aforesaid, That the mayor or mayor pro tem. when any person or persons are arraigned before the mayor's court, charged with the violation of any of the ordinances, regulations or rules of said town, 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 or her

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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 trial, the bond may be forfeited by the mayor, or mayor pro tem. and an execution issued thereon by serving the defendant if any be found, and his securities with a rule nisi, at least five days before the hearing of the said rule nisi. Arraignment and appearance bond. SEC. 61. Be it further enacted by the authority aforesaid, That any person convicted in the mayor's court shall have the right of appeal to the full board of councilmen, within one day after conviction, upon giving bond to be fixed by the mayor or acting mayor; and the right is also given any person to certiorari from the decision of said board; provided, the defendant pays the accrued cost in the case and gives bond to abide by the final judgment of the case, which bond must be approved by the mayor, there is nothing in this section that should prevent the defendant who desires to appeal to the Superior Court, to file the usual pauper affidavit in lieu of either giving of the bond and security, may in the discretion of the mayor be placed in the town prison or county jail to await final judgment of the case, which bond must be approved by the mayor. There is nothing in this section that 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 giving of the bond and security and any of the cost in the above; and provided, further, that the applicant failing to give bond and security, may in the discretion of the mayor, be placed in the town prison or county jail to await final judgment of the appeal above mentioned; certiorari shall be governed

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by the same rules that govern other certioraries except as above specified. Appeals. Certiorari. SEC. 62. Be it further enacted by the authority aforesaid, That the town eouncil shall have the power and authority to provide for the levying and collecting of a business tax or occupation tax or license upon any trade, business, profession or occupation, except such as are exempt by law, carried on within the town limits, and upon the inhabitants of said town to engage in or offer or attempt to engage in any profession, trade, business, or occupation in said town, and of such persons as live without the limits of said town, and who engage in, or attempt, or offer to engage in any profession, business, trade or occupation, not exempt by law within the limits of said town, as said mayor and town council may deem expedient for the safety, benefit, convenience and advantage of said town. Said mayor and town council is given authority and empowered to regulate by ordinance all kinds of business, trades and professions how license shall be obtained and location that said business shall be carried on. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession or occupation, trade or business and said town council shall provide by ordinance for the punishment of all persons required by ordinance to pay such business tax or take out license for same who engage in or offer, or attempt to engage in such business, trade, profession or occupation, before paying such tax or taking out license, and complying fully with all of the requirements of said town council made in reference thereto. License tax.

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SEC. 63. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the said town of Lumber City shall have power and authority to enact and pass all laws, rules, regulations and ordinances that they may consider necessary for the peace and good order, health, property, comfort and security of said town and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said town, to suppress lewdness, gambling, disorderly conduct and to enforce such laws, ordinances, rules and regulations and such penalties as are authorized by this charter. The said mayor and aldermen shall have full power and authority to adopt and enforce any and all ordinances that they may consider advisable and necessary to carry out the power and authority granted to said town and said mayor and aldermen by this charter. To make and enforce such laws, rules and regulations, and ordinances for the government of their body and all of the officers of said town. And to do any and all other acts. And exercise all other powers conferred upon them by this Act, or that may be done and exercised under the laws of this State; provided, said laws are consistent with the laws of this State. General welfare. SEC. 64. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall by ordinance provide for the form of all accusations, affidavits and warrants not herein otherwise provided for, to be issued in all trials for violations of the town ordinances and laws, and the procedure in such trials. [Illegible Text] SEC. 65. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the said town of Lumber City may require and compel all male persons

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between the ages of sixteen and fifty, subject to road duty under the laws of Georgia, to work upon the streets of said town not to exceed fifteen days in each year, at such time or times as the mayor and aldermen may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars, in any one year, as said mayor and aldermen may determine. Should any person liable to work the streets under this Section, fail or refuse to do so, or to pay street tax assessed in lieu thereof, after having received due notice to do so, as said mayor and aldermen may require, shall be deemed guilty of a violation of this Section, and on conviction in the police court of said town, shall be fined in any sum not exceeding twenty-five dollars, or imprisoned in the town prison, or by labor on the public works, streets and sidewalks of said town not exceeding thirty days. Said mayor and aldermen may pass such ordinances, rules and regulations as they may deem proper for the purpose of enforcing this Section. Street work or commutation tax. SEC. 66. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintainance of the government of the said town of Lumber City, the mayor and aldermen of said town shall have full power and authority for the assessment, levy and collection of an ad valorem tax upon all real and personal property, including money, notes, bonds and other evidence of debt, money use in banking and every other species of property in said town, owned or held therein, of not exceeding fifty cents [Illegible Text] one hundred dollars, exclusive of the taxes for public schools, interest on the bonded debt, and sinking fund for the purpose of paying the principal of any bonds heretofore issued, which has already been provided for

Page 1061

in the school law of the said town of Lumber City. Said mayor and council shall have power and authority to provide by ordinance for the returns of all taxable property in said town, and to provide penalties for the refusal or neglect to attend to the same. Ad valorem tax. SEC. 67. Be it further enacted by the authority aforesaid, That all executions in favor of said town for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claims, demand, or debt, shall be issued by the clerk and bear test in the name of the mayor, except when otherwise provided in this charter, and shall be directed to the marshal of said town, and to all and singular the sheriffs and constables of this State, and shall state for what issued and be made returnable to the mayor and aldermen of said town ninety days after the issuing of the same; and it shall be the duty of the marshal or other collecting officer to advertise the sale of such real estate or personal property as may have been levied upon by him to satisfy said execution, in the same manner respectively as 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 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 constable's 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 10 per cent. premium thereon. Whenever at any such sales for

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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 costs, and after such property shall have been cried a reasonable time, then any duly appointed or authorized agent of the town may bid off such property for the town, and the marshal, or such other officer making sale, shall make the town of Lumber 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 redemption of the owner shall have expired, and the marshal or other officer making the sale shall put the town in possession, and the mayor and aldermen shall have no right to divest or alienate the title of the town 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 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. All sales and conveyances made under executions as provided in this Section shall have all the force and effect of sale and conveyances made by the sheriffs of this State, and the officer making the sale shall have the same power as the sheriff to put purchasers in possession of property sold by them. Collection of taxes, etc. SEC. 68. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the power and authority to appoint three tax assessors, who shall be freeholders and who shall reside in the town of Lumber City, and by ordinance, rules and regulations prescribe their duties and fix their compensation and make

Page 1063

rules and regulations governing said board of tax assessors. Tax assessors. SEC. 69. Be it further enacted by the authority aforesaid, That the said mayor and town council shall have the power and authority to provide by ordinance when the taxes of the said town shall fall due, and the tax executions shall issue against all persons who have not paid their taxes by the time fixed and defined by ordinance. Tax executions. SEC. 70. Be it further enacted by the authority aforesaid, That said town council and mayor shall have the power and authority by ordinance to prescribe the limits and regulate the time within which children under the age of sixteen years shall be prohibited from loitering or congregating on the streets or alleys of said town, and to prescribe the penalty for violation of said ordinance. Children. SEC. 71. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full and complete control of the streets and sidewalks, alleys and squares of said town, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening or grading or in any way changing the streets and sidewalks in said town. And when the mayor and council of said town shall desire to exercise the power and authority granted in this Section, it may be done whether the land sought to be condemned is in the hands of the owner or as trustee, guardian, or other trustee, in the manner provided by Sections 4657 and 4686 of Volume 2 of the Code of Georgia 1895. The mayor and council shall have full power and authority to remove or cause to be removed any building, steps,

Page 1064

fences, gates, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said town, and to enforce the provisions of this Section by appropriate ordinances. Condemnation. SEC. 72. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full power and authority to pass all laws and ordinances conserving to drainage and proper maintenance and care of the streets and alleys, and sidewalks and other public places of said town, and shall have the power to condemn property outside of the town limits as well as inside the said limits for the purpose of draining the town, and the procedure shall be the same as recited in Section 71 of this Act. Said town council shall have the power and authority to provide for the paving of the business streets, whenever in their judgment the same becomes necessary, and to provide how said paving shall be paid for, whether by the town, or whether by the adjacent owner, or both. Drainage and street improvement. SEC. 73. Be it further enacted by the authority aforesaid, That all provisions of former Acts of the General Assembly of the State of Georgia incorporating the town of Lumber City and now constituting the charter of said town, which are at variance or conflict with the provisions of this Act, are hereby expressly repealed, and that the provisions of this Act shall become operative when the same is passed by the General Assembly and approved by the Governor 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. Repealing clause. Approved August 14, 1909.

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LUMBER CITY, TOWN OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 258. An Act to amend an Act approved August 14, 1908, 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 August 14th, 1908, be and the same is, hereby amended as follows, to-wit: By striking out of Section 9 thereof, in the thirteenth line, between the words shall be and the words turned over, the words 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 substituting in lieu thereof, these words: turned over to the treasurer of the school board; so that said Section, when so amended shall read as follows: Lumber City, town of; Public schools. SEC. 9. Be it further enacted, That as early as practicable after the ratification of this Act, and by the fifteenth 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

Page 1066

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 turned over to the treasurer of the school board, 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 in defraying the expenses necessary for carrying on said schools, and shall not be used in paying any portion of the sinking fund nor interest on school bonds. School tax. SEC. 2. Be it further enacted, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 16th, 1909. LUMPKIN, TOWN OF, MADE CITY OF. No. 139. An Act to amend an Act approved December 18th, 1902, Acts of 1902, pages 489 to 501, chartering the town of Lumpkin, in Stewart county, so as to strike the word town, wherever it appears, in the caption of said Act, and in each and every Section of said Act where the said word town appears, and insert in lieu thereof the word city, so that said place of Lumpkin will be incorporated or chartered as a city and not as a town, 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 from and after the passage of this Act that an Act entitled An Act incorporating or chartering the town of Lumpkin, in Stewart county, approved December 18th, 1902, Acts of 1902, pages 489 to 501 of said Acts of 1902 be, and the same is, hereby amended as follows: Lumpkin, town of, made a city. SEC. 2. Be it further enacted by the authority aforesaid, That whenever the word town appears in the caption of said Act of 1902, and in each and every section of said Act where the said word town appears, the said word town is by this Act stricken and the word city is inserted in lieu thereof, so that said place of Lumpkin, after the passage of this Act, shall be incorporated or chartered as a city and not as a town. 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 14th, 1909. MACON, CITY OF, CHARTER AMENDED. No. 79. An Act to authorize the mayor and council of the city of Macon to close, sell, and to convey certain portions of streets, lanes and alleys in the city of Macon, and to sanction, confirm and ratify conveyances of said streets, lanes and alleys, or parts thereof as may have heretofore been made and executed by the mayor and council of the said city of Macon, 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 the authority of the same, That the mayor and council of the city of Macon, a municipal corporation, be, and they are, hereby authorized and empowered to close, to grant, bargain, sell and convey to such persons or corporations and upon such terms as said municipal corporation may deem best, all those portions of streets and alleys lying between the north line of Division street and the north line of Hammond street, and the east right of way line of the Southern Railway on the west, on the east by the west line of the property of the Central of Georgia Railway, purchased from the city of Macon as described in deed, dated March 27th, 1907, and recorded in Bibb county, Georgia, Book No. 136, folio No. 497, April 17th, 1907. This property is more particularly described as follows: Being the west half of Tupelo street, between the north line of Division street and the north line of Hammond street; all of Gilmer street between the east right of way line of the Southern Railway and the west line of Tupelo street; all the alley in block No. 10 between the east right of way line of the Southern Railway and the west line of Tupelo street; all of Hammond street lying east of the right of way line of the Southern Railway. All that portion of Division street lying between Tupelo street and Hawthorne street, being the south 29 feet of said Division street lying north of and adjacent to the north line of block No. 67. Also all that west half of Hawthorne street lying between Harris street on the south and the proposed remaining 25 feet portion of Division street on the north; said west half of Hawthorne street lying immediately east of and adjacent to the east line of block No. 67. Also all the alley running

Page 1069

east and west entirely through said block No. 67 from Tupelo street on the west to Hawthorne street on the east. Macon, city of; sale of land. SEC. 2. Be it further enacted by the authority aforesaid, That all sales and conveyances of any streets, lanes and alleys within the limit and area described in Section 1, of this Act, heretofore made by the said mayor and council of the city of Macon, be, and they are, hereby sanctioned and confirmed as valid and legal conveyances so as to fully and effectually vest the title to all such portions of said streets, lanes and alleys so conveyed in the grantee in such deeds or conveyances. Confirmation of sales. 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 11th, 1909. MACON, CITY OF, CHARTER AMENDED. No. 158 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 the authority of the same, That from and after the passage of this bill, the several Acts incorporating the city of Macon and the Acts amendatory thereof, be amended as follows: Macon, city of; SEC. 2. Be it further enacted, That the recorder of the city of Macon shall have power to impose fines for the violation of any law or ordinance of the city of

Page 1070

Macon passed in accordance with its charter to an amount not to exceed three hundred dollars, to imprison offenders in the city prison for the space of not more than forty days, or at labor on the public works and the streets of the city of Macon for not more than sixty days; and the said recorder shall have the power and authority to impose any one or more of these punishments when in his opinion the facts of the case justify it. Said recorder shall not have the authority to inflict a greater punishment for contempts committed in the presence of the court than to impose a fine of twenty-five dollars or imprisonment in the city jail for a space not exceeding ten days. Penalties for offences against ordinances. SEC. 3. Be it further enacted, That it shall not be lawful for the mayor and council to levy any license or business tax upon vehicles used by merchants, manufacturers and other business in said city in the conduct of their business, where no charge is made by said persons for drayage, but where said wagons are used exclusively by them in the delivery of goods, wares and merchandise sold by them. License tax. SEC. 4. Be it further enacted, That the street in said city known as Poplar street, between the streets known as Second and Fifth streets shall always be kept open its full length for the use of the public and said mayor and council shall never have power in any way to exclude the public from any part of said street. Poplar street. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 14th, 1909.

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MANCHESTER, CITY OF, INCORPORATED. No. 271. To be entitled an Act to incorporate the city of Manchester, in the counties of Meriwether and Talbot, and State of Georgia, to define its corporate limits, to provide a charter therefor, to provide a municipal government for said town, to confer certain powers and privileges on the same; to name the mayor and councilmen of said town, and to provide for the election of 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 inhabitants of the territory hereinafter described be, and they are, hereby incorporated under the name and style of the city of Manchester, and by that name shall be hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and the said city of Manchester, 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 council, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to said mayor and council may seem best, and which shall be consistent with the laws of the State of Georgia, and the United States. And the said city of Manchester shall be able in law to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, and

Page 1072

hereditaments, of what kind or nature soever, within the limits of said city, for corporate purposes. Manchester, city of, incorporated. Powers of SEC. 2. Be it further enacted, That the government of said city shall be vested in a mayor and four councilmen. The following shall compose the mayor and council of said town: E. L. Baker, mayor, and W. M. Griffin, L. L. Lanier, J. F. Matthews and W. C. Self, councilmen, who shall hold office until the next regular election and until their successors are elected and qualified, and they and their successors shall have and exercise all the rights and powers given by this Act. Mayor and councilmen. SEC. 3. Be it further enacted, That the territory included in said city, and hereby incorporated, shall be as follows: Land lots number (243) two hundred and forty-three, (244) two hundred and forty-four, (270) two hundred and seventy, (269) two hundred and sixty nine, the west half of lot thirteen (13) and the following portion of the east half of lot thirteen, to-wit: Commencing at the south-east corner of the west half of lot thirteen, and running thence east along the south line of the said lot thirteen to the first branch east of the residence of A. J. Routon, thence northward with and down the said branch to the south side of the public road, on the property line between the lands of A. J. Routon and W. C. Phelps; thence west along said public road until the west half of land lot 13 is reached; all that part of lot two hundred and thirty-seven lying north and east of the Southern boundary of the right of way of the Atlanta, Birmingham and Atlantic Railroad and one-quarter of lots two hundred and forty-five and two hundred and sixty-eight, cut off thereof on the south side and running entirely across the same on the

Page 1073

south side; all of the foregoing lots and parts thereof being in what is known as the Gill's district of Meriwether county; also the northern quarter of lots two hundred and forty-two (242) and two hundred and seventy-one (271), running entirely across the north side of said lots, the same being and lying in the county of Talbot, and lying immediately south of the above mentioned lots numbers two hundred and forty-three and two hundred and seventy respectively. All of the aforesaid lots, both those in Talbot as well as Meriwether county, being contiguous to each other, and being the site whereon is located what is known as the city of Manchester. Corporate limits. SEC. 4. Be it further enacted, That on the second Wednesday in each year hereafter, there shall be elected a mayor and four councilmen whose term of office shall be one year and until their successors are elected and qualified. In case of a vacancy from any cause, the remaining members of the mayor and council shall call an election to fill said vacancy, after ten days notice, to be held under the same regulations as general elections. The said mayor and council shall have authority to adopt the necessary ordinances providing for all rules and regulations to govern the calling and holding of all elections, governing registration, voting, declaring the result, filing and hearing contests, and all other matters connected wherewith. A mayor pro tem. shall be elected by the mayor and council, who shall discharge the duties of the mayor in his absence, disqualification, or inability to act. Election of mayor and councilmen. SEC. 5. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this

Page 1074

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 six months prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws of said city, shall be qualified to vote at any election provided for in this charter; provided, in the first annual election, a residence of six months shall not be required. Voters. SEC. 6. Be it further enacted, That no person shall be eligible to 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 and entitled to register under the registration laws of force in said city; provided, in the annual election in 1910 hereunder, a residence of six months shall not be required. Qualifications of mayor and councilmen. SEC. 7. Be it further enacted, That on the Monday following the second Wednesday in each year the persons elected to the offices of mayor and councilmen, or to the office of councilmen, shall appear at the council chamber in said city and 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 Manchester, to the best of my skill and ability, and as to me shall seem to 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 office. The mayor and councilmen herein named shall take said oath and enter upon their duties immediately upon the passage of this Act. Oath of mayor and councilmen.

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SEC. 8. Be it further enacted, That at the first regular meeting of the mayor and council of said city after their election and qualification, they shall elect a city clerk, who shall be ex-officio treasurer, tax receiver, tax collector and clerk of the mayor's court of said city of Manchester; a marshal, chief of police, if they deem it necessary, and as many policemen as in the judgment of said mayor and council may be necessary; 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, perform such duties and give such bonds as the mayor and council may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the city of Manchester. Said mayor and council shall have power and authority, and it shall be their duty, to fix 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 diminished or increased during the term of office for which determined. All officers of said city shall hold their offices at the pleasure of the mayor and council. All expenditures of the mayor and council, and the compensation of the city officers, shall be paid out of the city funds by an order drawn by the city clerk and countersigned by the mayor, or in his absence, by the mayor pro tem. City officers. SEC. 9. The mayor, or mayor pro tem. and two councilmen shall constitute a quorum. The mayor and councilmen shall each have a vote on all questions, and in case of a tie, the mayor shall cast the deciding vote. Regular meetings shall be held at such times and places as the mayor and council shall determine, and called

Page 1076

meetings whenever the business of the town shall demand. Meetings of council. SEC. 10. Be it further enacted, That the mayor and each member of the city council shall be an ex-officio justice of the peace, so far as to enable any one of them to issue warrants for offences committed within the corporate limits of the city of Manchester, to suppress riots or breaches of the peace, to arrest, confine, commit or bind over offenders against the laws of this State to answer for such offense before the proper tribunal. If, in the investigation of any case before the mayor of said city, or acting mayor, or council, when sitting on appeal, if it should appear that the penal laws of the State have been violated, it shall be the duty of said mayor, acting mayor, or council, as the case may be, to bind over the offender to answer for such offense to the proper tribunal to try the case. Mayor and each councilman, ex-officio, a justice of the peace. SEC. 11. Be it further enacted, That the marshal of said city of Manchester shall be empowered to levy all executions in favor of said city, and all executions issued by authority of said mayor and council, whether for advalorem, business tax, assessment, or any other taxes, or for fines, or any other claims or demands of said city, shall be directed as hereinafter described, and the marshal shall have authority to levy and collect the said executions, advertise and sell property, real or personal, levied on thereunder, and to make all deeds where sales are made under executions. The marshal of said city shall have the same authority to place purchasers at marshal's sales in possession as sheriffs of this State have, and deeds to the real estate sold by the marshal under execution shall have the same force and effect,

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and shall be admitted in evidence, as are sheriff's deeds in this State. The marshal of said city shall have such other and further powers and duties as may be conferred or imposed upon him by ordinance by the mayor and council of the city of Manchester. Powers and duties of marshal. SEC. 12. 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 by the mayor in the council chamber of said city, 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 councilmen chosen by the council may hold said court. Said court shall have the power to preserve order and compel the attendance of witnesses, and to punish for contempt by imprisonment, not exceeding thirty days, in the jail of Meriwether county, or in the city prison in the city of Manchester, or by a fine not exceeding fifty dollars, or in lieu thereof by working on the streets or public works of said city not exceeding thirty days, one or all of said penalties, and said fine may be collected by execution, to be issued by the city clerk against the estate of the offenders, if any estate be found, and if none, the offender may be imprisoned or worked on the streets or public works, as before provided. Said mayor's court of Manchester 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, fines not exceeding five hundred dollars, imprisonment in jail of Meriwether county, or city prison of Manchester, not exceeding six months, or work on the streets

Page 1078

or other public works of said city for a term not exceeding six months, and any one or more, or all, of these punishments, in the discretion of the court. Imprisonment or work on the street, or other public works of said city, may be imposed as an alternative for non-payment of fine imposed within the time fixed by the court, or imprisonment or work on the streets or other public works of the city may be imposed in the first instance without any fine. Fines imposed as provided for in this Section may be collected by execution, to be issued by the city 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 other works, as provided in this Section. The city clerk and marshal are hereby constituted officers of said court, and shall be entitled to receive for their services in the trial of causes such fees and costs to be collected from the defendant on conviction, or from the losing party, as may be established by the mayor and council, such fees and costs to be paid into the city treasury. Mayor's court. SEC. 13. Be it further enacted, That the mayor and council of Manchester shall have power to organize one or more work gangs, and to confine at labor therein persons who have been sentenced by the courts of said city to work upon the streets or other public works of said city, and shall have power to make all rules and regulations that may be suitable, usual or necessary for the government, discipline or control of such work gangs and to enforce the same through its proper officers. Chaingang. SEC. 14. Be it further enacted, That it shall be lawful for the marshal or any policeman of said city, lawfully appointed, to arrest without warrant any and all persons,

Page 1079

within the corporate limits of said city, who are, at the time of said arrest, or who, before that time, have been guilty within said limits, of the violation of any of the ordinances of said city, and to hold said persons 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 to confine any person arrested by them in the city prison or the jail of Meriwether 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. Arrests. SEC. 15. Be it further enacted, That the marshal or any policeman of said city, shall release any person arrested within the corporate limits of the city upon said person giving a bond, to be approved by the marshal or the mayor of said city of Manchester, conditioned to pay the obligee in said bond an amount fixed by the marshal or mayor of said city, in the event said person arrested does not appear before the corporate authorities of the city at the time and place specified in the bond, and from time to time till the said person arrested is tried for the offense for which he or she was arrested. And should such person fail to appear at the time and place fixed and recited in the bond, said bond may be forfeited before the mayor's court of the said city of Manchester, as the mayor and council may by proper ordinance provide. Said mayor and council shall have authority to compel the attendance of witnesses by imprisonment, if necessary, and to take bonds to secure their attendance, and to take and receive of parties such bonds as may be necessary to secure their attendance

Page 1080

or compliance with the orders or sentence of the court, and to forfeit said bonds before the mayor's court and to pass ordinances to carry these provisions into effect. Appearance bonds. SEC. 16. Be it further enacted, That any person convicted before the mayor, mayor pro tem., or any member of the city council, sitting as a court, 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 by the mayor as they may think right and proper; provided, that the defendant may enter his appeal without the payment of cost or giving bond, by making oath of his inability to pay the costs or give the bond. Appeals. SEC. 17. 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 shall have full power and authority, and shall provide by ordinance, for the assessment and collection of an advalorem tax on real and personal property within the corporate limits of said city, which is subject to be taxed by the State, said tax not to exceed one-half of one per cent. upon the value of said property, for ordinary current expenses. In addition to the ordinary tax herein allowed, the mayor and council may, in case of emergency, to be judged of by them, levy an additional tax, when the same shall have been authorized by a vote of

Page 1081

two-thirds of the legal voters of said city, not exceeding one-half of one per cent. on the taxable property of said city, the said additional tax to be added to the ordinary tax and collected at the same time and used for the same purposes. In addition to the taxes for ordinary current expenses herein allowed, the mayor and council may levy an extraordinary tax, not exceeding one-half of one per cent. on the taxable property of said city, to be used only for educational purposes, for paving or macadamizing the streets, or for paying the principal and interest of the public debt. Taxing powers. SEC. 18. Be it further enacted, That any person owning or holding property of any kind in any capacity within the corporate limits of said city, on the first Wednesday in May in each year after the passage of this Act, shall return the same for taxation under oath at any time from and after the first Wednesday in May and until the first Wednesday in July of each year, to the city clerk, or other officer authorized to receive tax returns for said city. The mayor and council of said city shall prepare, or cause to be prepared, a blank form or schedule, for the return of all taxable property, with appropriate blanks and lines for property of every kind and description subject to taxation under the laws of this State, and each tax payer and property owner in said city shall fill out said schedule, entering thereon all the property owned or held in any capacity by said tax payer, of every kind and description, both real and personal, including money, notes and accounts, choses in action, mortgages, bonds and stocks of all kinds not by law exempt from taxation. The full face value of all notes, accounts, mortgages, crop liens, stocks, bonds, and other investments and securities held by each tax

Page 1082

payer in said city in his own right, or as agent, trustee, guardian, administrator or executor on the day determined by the mayor and council for the valuation of property for taxation, shall be returned, whether considered solvent or insolvent, with the estimated value of all such notes, accounts, mortgages, stocks and bonds, and other investments and securities. Printed on said blank form shall be the following oath, which the person making the return must take and subscribe in the presence of the city clerk, or other officer authorized by the mayor and council to receive tax returns for said city, to-wit: I do solemnly swear that the above and foregoing is a true and correct return of all the property, real or personal, owned or held by me as agent, trustee, guardian, executor, administrator, or in any capacity whatever, on the..... day of..... (the day determined by the mayor and council for the valuation of property for tax returns) subject to taxation in the city of Manchester, including money on hand, notes, accounts, mortgages, stocks, bonds, and other investments and securities, so help me God. And said oath shall be signed by the person making said tax returns and attested by the officer receiving the said return. Said tax returns shall be, by the city clerk or other officer receiving the same, placed before the city tax assessors hereinafter provided for, when they meet to make their assessments. Said mayor and council shall have full power and authority to fix by ordinance the day in each year on which property shall be valued for taxation. Tax returns. SEC. 19. Be further enacted, That said mayor and council, shall, at their first meeting in May of each year, elect three intelligent, discreet and upright persons, citizens and qualified voters in said city and owners of real

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estate therein, as city tax assessors, whose term of office shall be one year. Said city tax assessors may, at any time, be removed from office by the mayor and council for good and sufficient cause, to be judged by said mayor and council, and all vacancies occurring from any cause may be filled by the mayor and council at any time. It shall be the duty of said tax assessors to assess the value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officer receiving 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 council shall have authority to prescribe rules for the government of said city tax assessors. Said assessors shall make return of the assessments made by them to said mayor and council each year sixty days before the time for collecting taxes. When said return is made, said mayor and council shall appoint a time and place for hearing objections to the assessments, said objections to be heard by the mayor and council, 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 ten days notice of such hearing, stating therein the amount of such increase. If the property has been given in by the agent, notice to such agent shall be sufficient. If the owner is not a resident of the city and has no known agent residing therein, the mayor and council shall prescribe by ordinance what notice, if any, shall be given. Said mayor and council shall have power and authority to provide by ordinance for assessing all property, both real

Page 1084

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 council may prescribe. Said city tax assessors shall have power to require said tax payers to furnish them a list of all notes, accounts, mortgages, stocks, bonds, and other securities and investments, when in their opinion their production is necessary for a correct assessment. All assessments for taxes made by said assessors, shall become final if no objection is made on or before the time set for hearing objections by the said mayor and council, notice such as the mayor and council may by ordinance prescribe having been given of such hearing; and if objections are made at said hearing to any assessment, the decision of said mayor and council, after hearing evidence, shall be final. The mayor and council, on the hearing of objections, may increase or decrease the assessments as made by the assessors. Tax assessors. SEC. 19. Be it further enacted, That in case any property shall be subject to taxation was not assessed, if realty, by the tax assessors, or returned for taxation, if personalty, or for any reason has not been assessed for taxation and taxes collected thereon, in any year then passed, the city assessors may, at any time, assess said property for the 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 council shall have provided for double taxing of defaulters, and execution shall them issue therefor, as in other cases, at the rates 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

Page 1085

omitted from any cause from return or assessment, and the collection of taxes thereon omitted in any year. And assessments may be made and execution issued hereunder, as well as for years prior to the passage of this Act, as thereafter. And in case assessment has been made for any year or years, or shall be so made, and no execution issued, and no taxes have been paid on such property so assessed, then executions may issue at any time, based on said assessments, for the purpose of collecting the amount of taxes due on said property in such years, whether prior or subsequent to the passage of this Act. The mayor and council may provide by ordinance for the execution of the provisions of this Section wherever ordinances are necessary. And said mayor and council shall 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. Back taxes. SEC. 20. Be it further enacted, That the mayor and council shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and in what length of time said taxes may be paid, when tax executions shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and to fix a penalty for the nonpayment of taxes when due. Taxes, when due and payable. SEC. 21. Be it further enacted, That executions for any and all taxes or fines, license fees, assessments or forfeitures, or demands due said city, or its corporate authorities, against any person or persons, firm, company or corporation, or against any property subject thereto, shall be issued by the clerk of said city, signed

Page 1086

by him, bear test in the name of the mayor, and be directed to the marshal of said city, and all and singular the sheriffs, deputy sheriffs and constables of this State, commanding them that any property belonging to the defendant against whom said execution is issued, or of the certain property described in the execution, the amount of said execution be made with cost. The mayor and council shall provide by ordinance for advertising of, method of conducting, and all other regulations governing the sales by the marshal under city executions. The sheriffs and constables of this State shall have the same power and authority to levy and collect executions issued by the city of Manchester as they have to levy and collect executions for the various courts of this State. Collection of taxes, etc. SEC. 22. Be it further enacted, That said mayor and council shall have full power and authority to require any person, firm, company or corporation, whether a resident or non-resident of said city, engaged in or carrying on, or who may engage in, prosecute, or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, by themselves or their agent or agents, to register their names and business, callings, vocation or profession annually, and to require such person, company or corporation to pay for such registration and for license to prosecute, carry on or engage in such business, calling or profession, such amount as the said mayor and council may be ordinance prescribe. Said mayor and council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to pay such occupation tax, or take out license for same, who engage in, or offer, or attempt to engage in, such business profession or occupation before paying such

Page 1087

tax or taking out such license, or who fail to comply in full with all the requirements of the city and council made in reference thereto. License tax. SEC. 23. Be it further enacted, That said mayor and council are hereby given authority to pass such ordinances as may be necessary or proper to carry the foregoing Section into effect; also to classify business and to arrange the various businesses, trades and professions carried on in said city, that may be taxable, into such classes of subjects for taxation as may be just and proper. Classification of business, etc. SEC. 24. Be it further enacted, That said mayor and council shall have authority to regulate the opening and closing of all occupations, business and employments within said city, so as to provide at what hour each shall close and open, for the better preservation of the health, peace and good order of said city. Said mayor and council may classify the said businesses, occupations and employments, and make such regulations for each class as they deem best. Police powers. SEC. 25. Be it further enacted, That said mayor and council shall have full power and authority to license billiard tables, pool tables and ten-pin alleys, and all billiard tables kept or used for the purpose of playing, gaming or renting, and all ten-pin alleys, nine-pin alleys, or alleys of any kind, which are kept or used for the purpose of playing on with pins or balls, or either for the purpose of renting the same and to charge for said license such sum as they may by ordinance prescribe. License for gaming places. SEC. 26. Be it further enacted, That said mayor and council have power and authority to pass such ordinances as they may think proper in regard to granting

Page 1088

or not granting license to theatrical companies or performances, or for shows or other exhibitions, and to fix the amount of such licenses by ordinance. Amusements. SEC. 27. Be it further enacted, That said mayor and council shall have full power and authority to assess a tax on all persons carrying on a brokerage business, in addition to all other tax they may have to pay. They shall have power to license pawnbrokers in said city, define by ordinance their powers and privileges, and to revoke their license, impose taxes on them, and generally exercise such superintendence over pawnbrokers as will insure fair dealing between them and their customers. Pawn brokers. SEC. 28. Be it further enacted, That the mayor and council of said city shall have full power and authority to license, regulate and control all markets in said city, all opera houses, livery stables, hacks, drays used for hauling of any kind and other vehicles used for hire, vender masters, auctioneers, itinerant traders, itinerant lightning rod dealers, emigrant agents, and agents of fire, accident or life insurance companies doing business in said city; clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling or itinerant venders of articles, wares or merchandise, except such as are excepted by the laws of this State. Also any person running a flying-jenny, flying horses, merry-go-round, bicycle or velocipede or skating rink; all solicitors or canvassers, selling goods, wares or merchandise by sample, at retail or to consumers; and all other establishments, businesses, callings or vocations which under the Constitution and laws of this State are subject to license. Licenses.

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SEC. 29. Be it further enacted, That said mayor and council may by ordinances provide for enforcing the provisions of Sections 22, 23, 24, 25, 26, 27 and 28 of this Act by prescribing penalties for those who may engage in, or attempt or offer to engage in, any of the callings, professions or businesses therein mentioned without first having taken out the license required by the law or without having registered, if that be required. Also to provide for the collections therefor, as executions are issued, levied and collected for ad valorem taxes. Said mayor and council shall have power and authority to revoke any license granted under the provisions of this charter, for any violation of the laws or ordinances regulating the granting or issuing of said licenses. Penalties. SEC. 30. Be it further enacted, That the mayor and council of said city shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, workhouses, public houses, carriages, wagons. carts, drays, bicycles, pumps, wells, springs, fire engines, care of the poor, the supervision of disorderly houses, houses of ill fame, for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and transquility of any citizen or citizens thereof, and any other by-law, regulation and ordinance that they may deem proper for the security of the peace, health, order and good government of said city. General welfare. SEC. 31. Be it further enacted, That said mayor and council shall have full power and complete control of the streets, sidewalks alleys and squares of said city, and shall have full power and authority to open and close the same and to condemn property for the purpose

Page 1090

of opening and laying out new streets and alleys, and for widening, straightening or otherwise changing the streets, grades of streets and sidewalks and alleys of said city; and whenever said mayor and council shall desire to exercise the power and authority granted in this Section, it may be done, whether the land sought to be condemned is in the hands of the owner, or a trustee, executor, administrator, agent or guardian, in the manner provided by Sections 4657 to 4686 of Volume II, Code of 1895, of this State and Acts amendatory thereof. Said mayor and 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 or other public places in said city, and to enforce the provisions of this Section by appropriate ordinances. Streets and sidewalks and alleys. SEC. 32. Be it further enacted, That the mayor and council of said city shall have power to require every male inhabitant in said city, who by laws of this State is subject to be worked on the public roads, to work such length of time on the streets of said city as said mayor and council shall direct by ordinance, in no case to exceed ten 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 a commutation tax, which said mayor and council shall fix by ordinance, and which tax shall in no event exceed five dollars for one year. Said work to be done and said commutation tax to be paid at such times as said mayor and council may direct. Any person subject to work on said streets who shall fail to work or pay said tax, after being properly notified, may be punished in the mayor's court as the mayor and council may by ordinance prescribe. Street work or commutation tax.

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SEC. 33. Be it further enacted: 1st, 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 and drainage of the sidewalks, streets, squares, public lanes and alleys, of said city. 2nd, In order to carry into effect the authority above, the said mayor and council shall have power and authority to assess not more than two-thirds of the cost of paving and otherwise improving the sidewalks, including not more than two-thirds of the cost of the necessary curbing on the real estate abutting on the said sidewalks. 3rd, Said mayor and council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains, crossings, 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 real estate abutting on the other side of the street so improved. The real estate abutting on the street shall pay not more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street railroad company or other railroad company, having trucks 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 council may prescribe. 4th, 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, 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 the real estate according to its frontage on the street, or portion of street, so improved

Page 1092

or according to area or value of said property, either or all, as may be determined by ordinance. 5th, That the amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. 6th, The mayor and council shall have full power and authority to enforce collection for the amount 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 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 case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal shall have authority to eject occupants and to 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 admitted to be due, with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Meriwether county, and there tried and the issue determined, as in cases of illegality, subject to the penalties provided as in case of illegality filed for delay. 7th, 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 a contract at his or its instance, the object being

Page 1093

to prevent delay and to secure uniformity. 8th, The lien for assessments on abutting property, and on street railroad or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading or drainage, shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the passage of the ordinance authorizing the execution of the work in each case. 9th, Said mayor and council shall have power and authority to prescribe by ordinance such other 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 costs thereof against the adjacent property owner and railroad companies, and to provide how the agents or owners thereof shall be served with notice by personal service or by publication. Street improvements. SEC. 34. Be it further enacted, That the mayor and council of said city shall have full power and authority to establish, construct and maintain, or to permit any person, company or corporation to construct and maintain, one or more systems of sewerage and drainage, or parts of such systems in said city, and around said city, for the health, cleanliness and comfort of its inhabitants and the said mayor and council shall have entire and absolute control and jurisdiction over all said pipes, private drains and sewers, water closets, 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, and with power also to require changes in, or the total discontinuance of, any such contrivances or structures in existence, or that may be

Page 1094

hereafter allowed. When any system of sewerage or drainage shall be constructed by the said mayor and council, 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 executions 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 in this charter in reference to making and enforcing assessments in paving streets and the amount thereof, shall apply in so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and council by appropriate ordinances. Sewerage. 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 owner of said property refuse to grant a right-of-way for that purpose, and such owner and the authorities of said city can not agree upon the damages to be paid for such easement, then assessors shall be appointed to assess the damages to said property by reason of the construction and maintenance of any such sewer through or upon the same. Said assessors to be appointed, notice given, and their award made, as in case of property taken for opening, straightening or widening streets under the charter and laws of said city. Upon the payment or tender of the amount of the award, the work may proceed, notwithstanding the entering of any appeal. Rights-of-way for sewers. SEC. 36. Be it further enacted, That said mayor and council shall have entire control of said sewers, and generally of all matters in connection therewith; they shall control connections with said sewers, and may compel

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connections therewith when in their judgment the good of said city demands it, they may cause said connections to be made, when the owners fail or refuse, and issue executions for the amount so expended, which executions shall be special liens on the property connected with said sewerage systems from the date of the order of connection. Sewer connections. SEC. 37. Be it further enacted, That said mayor and council may provide by ordinance for the execution of the provisions of these sections regarding sewers, drainage and sanitation, except as to the taking of private property for the construction of sewers by such boards, committees or officers, as they deem best. Delegation of powers. SEC. 38. Be it further enacted, That for the purpose of the preservation of the health of the inhabitants of said city, the mayor and council are empowered to extend systems of sewerage or drainage beyond the limits of said city, and the provisions as to the construction and maintenance of such sewerage systems 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 systems. Extension of sewers beyond city limits. SEC. 39. Be it further enacted, That the mayor and council shall have full power and authority to make an assessment 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 council are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amount so assessed shall be a lien on the lot from the date of the assessment. The execution shall be issued and enforced in the same manner that tax

Page 1096

executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, no residence lot shall be less than twenty-five feet front, and no business lot less than ten feet front; provided further, the assessments made under this Section shall not be made on vacant lots, and residence lots shall not be sub-divided for assessment. Sanitary tax. SEC. 40. Be it further enacted, That said mayor and council shall have full power and authority to require the owner of any improved property in said city to provide suitable privy or water-closet accommodations upon such improved premises, whenever in their judgment and in the opinion of the city physician such improvements are necessary to preserve the health or to protect the sanitary interests of citizens of any neighborhood within said city. The mayor and council are authorized to enforce the provisions of this Section by appropriate ordinances. Sanitation. SEC. 41. Be it further enacted, That said mayor and council may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings in said limits may be erected or covered, how thick the walls must be, and how chimneys, stove pipes and flues are to be constructed, and generally to do all such things as they may deem necessary to protect said city, so far as possible, from danger from fire, and prevent the spread of fire from one building to another. They shall also have authority to order any changes in the

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construction or arrangement of chimneys, stove pipes or flues, or the removal thereof, when, in their judgment, the same are dangerous, or likely to become so, and make the owner of the premises pay expenses of such changes, which may be collected 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 building removed, and if such person, firm or corporation shall not remove such building after notice to do so, then said mayor and council shall have authority and power to remove the same at the expense of the owner, which expense may be collected by execution. Fire limits. SEC. 42. Be it further enacted, That said mayor and council may by ordinance declare what shall be nuisances in said city, and provide for the abatement of the same. The mayor's court of said city of Manchester shall have concurrent jurisdiction with the mayor and council of said city in respect to the trial and abatement of all nuisances in said city of Manchester. Nuisances. SEC. 43. Be it further enacted, That said mayor and council shall have full power and authority to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship, in and the premises where held; to regulate the keeping of gun powder, dynamite and other combustibles; to provide in or near said city places for burial of the dead, and regulate the interment therein; to provide for the drainage of lots in said city by proper drains, sewers and ditches, to make regulations guarding against danger or damage by fire; to protect the person or property of the citizens of said city; to regulate and control public meetings and public

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speaking in the streets of Manchester, and to prevent the obstruction of the streets of said city, or the gathering of disorderly crowds in said streets, and to enforce the provisions of this Section by appropriate ordinances. Police powers. SEC. 44. Be it further enacted, That mayor and council shall, in the exercise of their police powers, have full power and authority to pass such ordinances as they may think proper to more effectually prohibit the illegal sale of spirituous, vinous, malt or intoxicating liquors within the corporate limits of the city of Manchester, and to that end may provide ordinances punishing any person or persons keeping in said city spirituous, vinous malt or intoxicating liquors for illegal sale, or ordinances punishing any person or persons who may purchase in said city any such liquors from any person or persons illegally selling, by himself or his agents, any of such liquors within the corporate limits of Manchester. The marshal or any policeman of said city shall have full power and authority to enter, and, if necessary, to break open and enter, any place in said city which the mayor and council may have reasonable cause to believe, or may suspect to be, a blind tiger, or a place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of such liquors and apparatus for selling the same. And said mayor and council, or the mayor of said city, shall have full power and authority to abate as a nuisance any place in said city which said mayor and council, or the said mayor, shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender or offenders, and upon conviction of any person for maintaining a nuisance, as above stated, and as a penalty for the same, said mayor or

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council, or said mayor, shall have full power and authority to cause the marshal or policemen of said city to seize and destroy the stock of liquors of such persons, and apparatus for selling the same, and to otherwise punish the offender or offenders as may be prescribed by ordinances. The said mayor and council shall have the right to prohibit or to license and regulate the sale of liquors commonly called near beer. Said mayor and council shall have full power and authority, by appropriate ordinances, to carry into effect and enforce the provisions of this Section. Sale of [Illegible Text] Approved August 16, 1909. MARIETTA, CITY OF, CHARTER AMENDED. No. 169. An Act to amend an Act entitled, An Act to authorize the mayor and council of the city of Marietta, county of Cobb, to order and have held an election by the qualified voters of said city to determine whether or not bonds shall be issued by the city of Marietta for the purpose of purchasing, establishing, maintaining, building and acquiring a system of waterworks in said city of Marietta and to authorize the issuance of said books and the assessing and collecting a tax on all property, both real and personal, in said city of Marietta, for the purpose of paying interest upon said bonds, as well as the principal thereof, and for the purpose of creating the board of water and lights and making them a body corporate and define their powers and duties, and for other purposes, by inserting another Section to said Act providing to give said

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board of water and lights the power to build, operate and control the sewerage system of said city, and by adding another Section providing the duties of said board of water and lights, being No. 500 of the Acts of the General Assembly of the State of georgia, 1906. 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 of the General Assembly, approved August 1st, 1906, Acts of 1906, pages 846, 847 and 848, be amended as follows: That the commission of water and lights, created by the Act aforesaid, have, in addition to the powers therein given, charge of the system of sewerage created under the Acts of 1905, pages 985 and 986; that the said board have authority to purchase, establish, maintain, build and acquire a system of sewerage of said city of Marietta. Marietta, city of; sewerage. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of water and lights to elect a treasurer, said treasurer being member of board, whose duty it shall be to receive and disburse all the funds arising from the sale of bonds of the city of Marietta for sewerage, waterworks and light purposes, and to receive and disburse all subsequent appropriations and revenues acquired or derived in the operation and maintenance of said system of lights, waterworks and sewerage, and said board shall have power and authority to fix the compensation and to set bond for treasurer, the amount of which shall not be less than the whole amount of money that may come into his hands, but whenever said funds shall have been so expended in the construction of said system of sewerage, waterworks

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and lights as to authorize same, said board shall then have power to decrease said bond in proportion to the amount of funds that may be in hand of said treasurer, or may reasonably be expected to come into his hands. No funds shall ever be paid out by said treasurer except upon vouchers regularly passed up by said board of water and lights, drawn by the clerk of said board and countersigned by its chairman. Sale of bonds for sewerage light and water. SEC. 3. Be it further enacted by authority aforesaid, That all laws, and parts of laws, in conflict with this Act, be, and same are, hereby repealed. Approved August 14th, 1909. MARIETTA, CITY OF, CHARTER AMENDED. No. 180. An Act to amend an Act entitled, An Act to authorize the mayor and council of the city of Marietta, in the county of Cobb, to have held an election by the qualified voters of said city to determine whether or not bonds shall be issued by said city of Marietta to be sold for the purpose of purchasing, establishing, maintaining, building and acquiring a system of sewerage for said city of Marietta 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 city of Marietta, for the purpose of paying the interest upon said bonds as well as the principal thereof, and for other purposes, being No. 443 of the Acts of General Assembly of the State of Georgia of 1905, page 983 of Section 2 of said Act by striking the last five lines, beginning at the word and after the

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word par, and substituting therefor, the following: and the proceeds thereof shall be used by the water and light commission of said city of Marietta for the purpose of purchasing, establishing, maintaining, building and acquiring a system of sewerage for the said city of Marietta, and no 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 Act of the General Assembly of 1905, Acts of 1905, page 983, No. 443, be, and the same is, hereby amended by striking the last five lines of Section 2, beginning at the word and in said line, after the word par and substituting therefor the following: and the proceeds thereof shall be used by the water and light commission of said city of Marietta for the purpose of purchasing, establishing, maintaining, building and acquiring a system of sewerage for said city of Marietta, and for no other purposes, so that said Section when amended shall read as follows: Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds for said purposes, then the mayor and council of said city of Marietta shall be, and are, hereby authorized to issue the bonds of said city of Marietta in a sum not to exceed $30,000 in the aggregate. Said bonds shall be designated sewerage bonds of the city of Marietta, and shall be in the sum of $1,000 each and numbered from one to thirty consecutively, and draw interest at the rate of five per cent. per annum, payable semi-annually on such dates as the mayor and council may fix, and be for the term of thirty (30) years. Said bonds when so issued shall be sold by the mayor and council in such

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way as may seem most advantageous for said city for not less than par, and the proceeds thereof shall be used by the water and light commission of the said city of Marietta for the purpose of purchasing, establishing, maintaining, building and acquiring a system of sewerage for the said city of Marietta and no other purposes. Marietta, city of; sewerage. 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 14th, 1909. MARTIN, TOWN OF, PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 243. An Act to authorize the establishment and maintenance of a system of public schools for the town of Martin, 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 may be established in the town of Martin, in this State, a system of public schools, to be conducted, maintained, supported and provided for in the manner prescribed in this Act. Martin, town of; public schools. SEC. 2. 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 Martin, said qualified voters to be determined by reference to the registration lists for the year 1908, for which purpose the mayor of said town of Martin shall within thirty

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days after the passage of this Act, order an election, of which ten days notice shall be given by posting said notice at the post office in said town, and two other conspicuous places in said town, which notices shall give place, time 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 Martin. At said election, 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 have cast their ballots for public schools, this Act shall at once become operative. Should said election be against public schools, then another election may be called by the mayor as before set out, not oftener than once every three months until the provisions of this Act be adopted. Election for public schools. SEC. 3. Be it further enacted, That when the provisions of this Act be adopted as set out in paragraph two of this Act, the following named persons shall be and constitute the board of education of the town of Martin: J. E. Brown, J. M. Looney, E. M. Holland, W. A. Mitchell, R. M. Walters, W. B. Mitchell, with the right in them and their successors to take and hold in trust for school purposes in the town of Martin any donation, gift or bequest of money or other personal property, or any grant, conveyance or devise of lands made to them for educational purposes. The terms of said board of education shall be as follows: J. E. Brown and J. M. Looney until the town election in 1910; E. M. Holland and W. B. Mitchell until the town election of 1911; W. H. Mitchell and R. M. Walters until the town election of

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1912. Each member shall hold over after the expiration of his term until his successor is elected and qualified. As the terms above set out shall expire, election to fill vacancies shall be held at the regular annual election of mayor and councilmen, and along with the election for mayor and councilmen, and those receiving the highest number of votes shall be declared elected, as the mayor and councilmen are declared elected. All vacancies, otherwise than by expiration of terms, shall be filled by the remaining members of the board of education. All members elected to succeed those whose terms have expired shall be elected for a term of three years and until their successors are elected and qualified, and those elected by the board to fill unexpired terms shall hold their office for the unexpired term. Board of education. SEC. 4. Be it further enacted, That the board of education of the town of Martin shall be a body corporate, with the right to sue and be sued, and all other rights held by similar institutions under the laws of Georgia. Board of education incorporated. SEC. 5. Be it further enacted, That said board shall have the right to appoint or elect superintendent, principal and teachers as may be deemed proper, and to remove the same when they deem it to the best interest of the schools to do so; to fix their salaries, and the mode and time of payment; to prescribe the course of study, and shall adopt such rules and regulations as may be necessary for the successful conduct of said schools; shall have general oversight and management of the schools, and shall do such other acts, not inconsistent with the laws of this State, as may promote the efficiency of the system of education under their charge. The board may charge such incidental or matriculation fee

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as they deem wise and best, not to exceed the sum of two dollars for the fall term and two dollars for the spring term. Powers and duties of board. SEC. 6. Be it further enacted, That said board shall organize by electing from their number a president, vice-president, secretary and treasurer. The secretary shall keep a record of all the acts of the board, which shall be open to the inspection of all the citizens of said town. The treasurer shall give bond for the safe-keeping and disbursement of all money that may come into his hands, the amount of the bond and sufficiency of the security to be determined by said board, which said bond shall be made payable to board of the town of Martin. Said treasurer shall keep a full and complete record of all receipts and expenditures, and shall pay out no money except upon order of board. The majority of said board shall constitute a quorum for the transaction of any and all business, and regular monthly meetings of said board shall be held, and such other meetings as may be called by the president. Organization of board. SEC. 7. Be it further enacted, That the schools established by the authority of this Act shall be free to all children of lawful school age within the town of Martin, except for incidental or matriculation fees. Children of non-residents shall be admitted upon such terms as may be prescribed by the board. Free schools. SEC. 8. Be it further enacted, That under this Act separate schools shall be provided for white and colored children. White and colored schools. SEC. 9. Be it further enacted, That immediately upon the adoption of the provisions of this Act by the election aforesaid, the board of education shall cause a census of

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the children of school age in said town to be taken under instructions which shall be furnished by the State school commissioner, said enumeration to show the county of the residence of each pupil. When such enumeration shall be so taken, the same shall be forwarded to the State school commissioner, and from it, and any other information he may have or may gather, he shall determine what is the pro rata share of the common school fund to which the town of Martin is entitled, after which it shall be the duty of the said State school commissioner to pay over to the board of education of the town of Martin such pro rata share of the State school fund, the same to be based upon said school population, and to be paid as similar local school systems of this State are paid. Pro rata share of State school fund. SEC. 10. Be it further enacted, That said board of education shall determine during the months of August and September of each year what amount of money it will be necessary to raise by taxation to defray the expenses of running said public schools for the ensuing year, and shall lay the same before the municipal authorities of said town and it shall then be the duty of said municipal authorities to proceed to levy and collect the same; and when collected, the collecting officer of said municipal authorities shall pay the same over to the said board of education, which shall then constitute a fund to be expended by said board in the support and maintenance of said schools. School tax. SEC. 11. Be it further enacted, That said board of education shall establish for said town of Martin a system of graded schools, for the same to consist of a fall term and a spring term. School system.

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SEC. 12. Be it further enacted, That for the educational purposes required by this Act, the municipal authorities of said town are hereby authorized to levy and collect a tax on all property in said town not to exceed four-tenths of one per centum 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 of said town to be used for school purposes and for no other. School tax. SEC. 13. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16th, 1909. MARTIN, TOWN OF, CORPORATE LIMITS EXTENDED. No. 87. An Act to extend the corporate limits of the town of Martin, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the corporate limits of the town of Martin be, and the same are, hereby extended so as to include the territory in the counties of Stephens and Franklin as described in the following boundaries: Beginning on an oak tree on the east side of and near the Elberton Southern Railway at the present town limits north of the center of the town; thence in a westerly course across Clark's creek to the land corner of W. A. Mitchell (the E. A. Mitchell home place) and Brant Jones; thence a westerly

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course along said Mitchell and Jones line to M. M. McMurray's line; thence a south course with M. A. Looney's line to the public road; thence straight on with said Mitchell and Looney line to land corner of G. E. Smith and M. A. Looney; thence a westerly course across the Jenkin's ferry road, across the land of E. M. Holland, to the land corner of E. M. Holland and J. M. and T. M. Looney; thence a southerly course along said Holland line to the public road that leads to Tom's creek; thence on the north side of said road to the bend of said road just north-east of J. I. Adam's house; thence across said road along said E. M. Holland's line and J. I. Adam's line to the Jenkin's ferry road; thence across said road and a direct line with G. C. Smith's and J. I. Adam's line to W. T. Moseley's line; thence along W. T. Moseley's line on the east side of his place to W. J. Mitchell's line; thence along W. J. Mitchell's line to W. R. Odell's line; thence along the west side of W. R. Odell's line to the branch between Odell's, Wayne, King's; thence a straight line to the head of the branch in H. R. Dean's field, westwardly from said Dean house, near John Quall's house; thence an easterly course to Clark's creek, taking in H. R. Dean's farm and Wayne's farm, and crossing Clarke's creek at the old W. M. Baldwin and John Dean line; thence an easterly course to the Carnesville public road that leads by J. E. Brown's to a point fifty yards south of the tenant house south of J. E. Brown's; thence an easterly course across said farm that J. E. Brown now lives on to John McCall's line on the branch; thence along with McCall's line south to J. T. McCall's line; thence along J. T. McCall's line around to the Elberton Southern Railway and thence across said railway to T. R. Gwin's and Ivan Thomas' line;

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thence a northward course to a point fifty yards east of the J. D. Brown old home place, and straight on to the branch to a rock corner; thence a straight line on northward to an old road just east of Sarah Brock's dwelling; thence a northward course to the land corner of W. A. Mitchell and T. R. Yow on the line of F. J. Brock, deceased; thence a northerly course to the line of T. R. Yow and J. T. Cooper; thence a westerly course to the beginning corner, near the Elberton Southern Railway, north of the oil mill. Martin, town of; corporate limits. SEC. 2. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved August 11th, 1909. MAYSVILLE, TOWN OF, NEW CHARTER. No. 280. An Act to revise, consolidate and amend the several Acts incorporating the town of Maysville in the counties of Jackson and Banks; to create a new charter and a municipal government for said town with additional powers and authority; to provide for the continuance of the present public school system, embracing all matters growing out of the establishment thereof; to provide for the erection and maintenance of waterworks and sewerage system and electric light and gas plant; to provide that all valid legal contracts heretofore entered into by the corporate authorities of the town of Maysville shall be good and valid for or against the town of Maysville, under this charter, and that all property now held and owned by the town

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of Maysville shall be and become the right and property of the town of Maysville under this charter, 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 municipal government of the town of Maysville shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the town of Maysville, and by that name shall have a common seal, and be capable in law and equity to purchase, hold, receive, enjoy, possess and retain to them and their successors, for the use of the town of Maysville, any real or personal estate of whatever kind or nature within the jurisdictional limits of the town of Maysville, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all rights and liabilities of the present corporation of the town of Maysville. The corporate limits of the town of Maysville shall be three-fourths of a mile from the center of the old Northeastern depot site in said town, in each and every direction, and said center of said depot site to be the center of the corporate limits of said town, and said corporate limits to extend three-fourths of a mile thereof in each and every direction. Maysville, town of; reincorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the present officers of the town of Maysville, to-wit: T. J. Carr, mayor; J. M. Eberhardt, A. S. Eberhardt, F. M. Parks and F. H. Boyd, councilmen, and Brantley Prickett, clerk and treasurer, be and they are, hereby declared and appointed lawful officers of the town of Maysville under this charter until the election and qualification of their successors, as provided in this

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charter. The said officers who are now known as councilmen under the old charter shall be hereafter, and under this charter, declared and known as aldermen. Mayor and aldermen. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held at such place as said officers may select in the town of Maysville, on the first Wednesday in January next, and annually thereafter, for a mayor and four aldermen to serve one year and until their successors are elected and qualified. The polls of said election shall be opened and closed at such time as said municipal officers may direct. Elections of Mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That the municipal officers of said town of Maysville shall have, and they are hereby given, the authority to divide said town into four wards and define the limits thereof; each of said wards shall be entitled to one alderman in the municipal board of said town, and only one. Wards. SEC. 5. Be it further enacted by the authority aforesaid, That all male citizens qualified to vote for members of the House of Representatives in the General Assembly of Georgia, and who shall have paid all taxes imposed and demanded by the authorities of the town, and shall have resided thirty days within the jurisdictional limits of said town, and no other person, shall be qualified to vote at said election. Voters. SEC. 6. Be it further enacted by the authority aforesaid, That the mayor and council shall cause the clerk of council of said town of Maysville to register the names of all voters who are qualified to vote under the charter and under the laws of this State for municipal officers of the town of Maysville. Registration of voters.

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SEC. 7. Be it further enacted by the authority aforesaid, That the said clerk shall provide a suitable book, alphabetically arranged, in which to register said qualified voters, and said clerk shall give public notice at least thirty days preceding the election, that his books are open for the registration of voters who are qualified to vote for municipal officers; such book shall be closed one week before the election. Registration books. SEC. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of all persons who desire to register to apply to the clerk in person, and to furnish said evidence of their qualification for registration, and in case the clerk is not satisfied as to the qualification of the applicant, he may require the following oath or affirmation: I do swear that I am a qualified voter for members of the House of Representatives in the General Assembly of Georgia from the county of Banks or Jackson, and have paid all taxes legally imposed upon me by the town of Maysville, so help me God. The clerk of said town is hereby authorized to administer said oath, and shall keep a record of the same upon the registration book, and may refuse to register such persons as may decline to take the oath aforesaid. Registraton oath. SEC. 9. Be it further enacted, by the authority aforesaid, That any person voting illegally in the municipal election of the town of Maysville, or at any primary or otherwise violating any provisions of this Act, shall on conviction be punished as prescribed in Section 1039 of Volume 3 of the Code of Georgia of 1895. Illegal voting. SEC. 10. Be it further enacted, That said election shall be held under the superintendence of a justice of the peace and two free-holders, or of three free-holders,

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who shall be appointed by the said council at least five days before the election, and each of said election managers shall, before entering upon his duties, take an oath before some justice of the peace that he will faithfully and impartially conduct said election, and will prevent all illegal voting to the best of his skill and power; and in case the said managers of said election shall have any reasonable doubt as to the qualifications of any persons who vote therein, they shall have the power to administer the following oath: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States and are qualified to vote for members of the House of Representatives in the General Assembly of Georgia from the county of Banks or Jackson; that you have resided for the last thirty days within the town of Maysville, and have paid all taxes legally imposed and demanded of you by said town; so help you God. And any person who shall take said oath and shall swear falsely shall be deemed guilty of perjury. Election managers. SEC. 11. Be it further enacted, That the person or persons who shall receive the highest number of votes at said election for mayor and aldermen, respectively, shall be declared duly elected. Results of elections. SEC. 12. Be it further enacted, That said mayor and council shall have the right, and they are hereby given the authority, to elect a clerk, treasurer, and marshal, who shall be ex-officio chief of police, and to define their several duties, each of whom when elected shall make oath that he will faithfully and impartially demean himself while in office, and if required by said mayor and council shall enter into bond with sufficient securities,

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approved by the mayor in such sum as these officers shall prescribe, payable to the town of Maysville, conditioned, faithfully to collect and pay over as required by these officers, all taxes, fines, forfeitures, and all other incomes of said town of Maysville, and said officers shall hold their offices during the pleasure of the mayor and council, and shall perform the duties respectively as prescribed by law or as may be required by the mayor and council; said clerk and treasurer and marshal shall hold their offices for one year and until their successors are elected and qualified, unless otherwise ordered by said mayor and council. Municipal officers. SEC. 13. Be it further enacted, That in case of vacancy among members of aldermen, either by death, resignation, failure to elect, or removal from office, or removal from town, or other cause, the mayor shall order a new election to fill said vacancy, giving ten days public notice thereof, and the registration for the last preceding election shall be applicable thereto. In case of the death of the mayor, his resignation, removal from office, or removal from the town, or of a vacancy from any other cause in the office of the mayor, the said council shall in like manner order an election for filling said vacancy, in each case giving ten days notice, and the registration of the last preceding election shall be applicable thereto; provided, that if any vacancy shall occur within three months next preceding the regular election, no special election shall be called to fill said vacancy. If the vacancy is in the office of mayor, the mayor pro tempore shall, upon taking the oath as mayor, serve out the unexpired term, and the said aldermen shall elect a new mayor pro tempore: if the vacancy is in the office of clerk, treasurer or marshal, the mayor and aldermen

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shall proceed to elect a new clerk, treasurer or marshal to fill out the unexpired time. Vacancies. SEC. 14. Be it further enacted, That after the votes for mayor and aldermen at each election shall have been counted by the managers, they shall cause two certified copies of the tally-sheets to be made out. One of each shall be handed to the mayor for the time being, and the other shall be retained by the managers; and as soon as the mayor as aforesaid shall be informed of the result of said election, he shall cause the persons elected as aforesaid, to be notified of the same, and the persons so elected shall attend on the first Monday thereafter at the mayor's office, and the mayor and each member of aldermen shall take and prescribe before the judge or clerk of some court of record of this State, or before a justice of the peace, the following oath: I swear that I will faithfully and impartially demean myself as mayor (or alderman, as the case may be) during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly, promised my vote or support to any person or office in the said government of the town of Maysville, nor for any other office. I will not knowingly permit my vote in the election or appointment of any persons to a position in said government to be influenced by fear, favor or the hope of reward, but in all things pertaining to my said office I will be governed by what, in my judgment, is for the public good and the best interest of said town. The town treasurer shall take the oath of office hereinbefore prescribed. Oath of mayor and aldermen. SEC. 15. Be it further enacted, That no person shall be eligible as mayor or alderman or town treasurer of

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Maysville unless such person is a qualified voter of said town at the time of his election to such office. Qualifications of mayor and aldermen. SEC. 16. Be it further enacted, That the mayor and aldermen and the clerk, treasurer and marshal of said town, who are hereafter to be elected under this charter, shall receive such compensation for their services as the mayor and aldermen may prescribe. Salaries. SEC. 17. Be it further enacted, That said mayor and council may appoint extra marshals as may be necessary from time to time, who shall receive such compensation as may be fixed by said officers. Extra marshals. SEC. 18. Be it further enacted, That said mayor and four aldermen known in this charter and called the town council of said town of Maysville, shall be presided over at its meetings by the mayor, or in his absence, by a mayor pro tempore on his taking the mayor's oath, whom said aldermen have the right to appoint and designate as such at any time that it may become necessary for the transaction of the public business of said town; a majority of said aldermen shall be necessary to form a quorum for the transaction of business. Said mayor shall be allowed to vote in the election of all municipal officers, but shall have no vote on legislature questions before the town council, except in case of tie. Said council shall be caused to be kept in a well-bound book an accurate record of all its proceedings, by-laws, acts, orders, ordinances and resolutions, which book shall be open to the inspection of anyone who is required to pay taxes in said town. Said council shall hold such sessions as they may determine upon. Meetings of council and vote of mayor. SEC. 19. Be it further enacted, That the mayor shall preside over the police court hereinafter provided for

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and shall have the power to punish for contempt, both before the town council and before said police court by any fine not to exceed twenty dollars, or by imprisonment in the guard house not exceeding forty-eight hours, either or both, or in the alternative, in the discretion of said mayor. The mayor pro tempore is hereby given the same authority. It shall be the duty of said mayor to preserve the peace and he shall be ex-officio a justice of the peace, so far as to enable him to issue and try warrants for criminal offenses committed in the jurisdiction of the town of Maysville. He shall be ex-officio chief executive officer of said town, and to him the police officers under the jurisdiction of the town council, shall be directly subject. Police court. SEC. 20. Be it further enacted, That the mayor and council shall have the power to elect three persons as a board of health, and the mayor of the town of Maysville shall be ex-officio chairman of the board of health. The duties, powers and compensation of said board of health shall be such as are fixed and prescribed in the ordinances and by-laws of said town of Maysville. Board of health. SEC. 21. Be it further enacted, That no person shall be eligible to the office of mayor or alderman of said town, or clerk or treasurer who has not been a resident thereof for one year or more preceding his election, and who is not a qualified elector in the town elections of said town. Qualifications of mayor and aldermen. SEC. 22. Be it further enacted, That all persons who have been bona fide residents of said town for thirty days next preceding a charter election held therein and

Page 1119

who are qualified voters under the constitution and laws of this State, and none others shall be allowed to vote at any charter election in said town. Voters. SEC. 23. Be it further enacted, That said town council of said town shall have power and authority to enact such ordinances from time to time as they may deem necessary to enforce the provisions of this charter. It shall be optional but not compulsory, for said town council to have posted any measure, ordinance or resolution at such places in the town as they may direct for the information of the public, or they may have same published in any newspaper of said town, but failure to so post or publish any ordinance, measure or resolution shall in no wise operate to render same void. Legislative powers. SEC. 24. Be it further enacted by the authority aforesaid, That said town council, at their first regular meeting in January of each year, shall elect three upright, intelligent and discreet persons, who shall be freeholders and residents of said town, as town tax assessors, who shall hold office for one year and until their successors are elected and qualified, and whose compensation shall be fixed by said town council. It shall be the duty of said tax assessors to assess the taxable real estate of said town and perform such other service as the said town council may, by ordinance, require to be performed in connection with said office. It shall be the duty of said tax assessors to place a just, fair and equitable valuation on all real estate within the corporate limits of said town. The tax assessors shall give timely notice by publication in said town once a week for two weeks of the time when they will begin receiving tax returns, and the time when the books for receiving same shall be

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closed, which said time shall be fixed by the town council. In no event shall the books for receiving same be kept open for less than fifteen days. Should any vacancy happen in said board of assessors by death, resignation, refusal to perform the duties of the office, removal therefrom, or otherwise, such vacancy shall be immediately filled by council. Before entering upon the duties of the office, each of said assessors shall take and subscribe before some officer authorized to administer oaths by the laws of this State the following oath of office: I do solemnly swear that I will faithfully perform the duties of tax assessor of the town of Maysville, and will make a just and true valuation of all property subject to taxation in said town, according to its actual market value; so help me God. Two of said assessors shall constitute a quorum for the transaction of business. Tax assessors. SEC. 25. Be it further enacted by the authority aforesaid, That said assessors may have, during the progress of their investigations, such evidence as to the value of any property in said town as they may deem advisable; and if, after the publication of the notice of their intention to assess property, as provided for in the above Section (24) of this Act, any tax payer gives notice to said assessors in writing that he or she desires to submit evidence relating to the value of his or her property liable to assessment; it shall be the duty of said assessors to appoint a time and place to hear such evidence and hear same before assessing said property; provided, the taxpayer is present and submits his evidence at the time and place appointed; but if he be not present, either personally or by agent or attorney, said assessors shall proceed to assess the value of said property with or without hearing evidence as they may

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determine. If any person be dissatisfied with the valuation of his property as fixed by the assessor, he shall have the right to appeal to the town council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereafter provided for has been mailed by the clerk. Upon filing said appeal with the clerk of said town council, it shall be the duty of the mayor to fix a day upon which a hearing shall be had and give the appellant three days notice in writing, of said hearing. Notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing the town council shall hear all legal and competent evidence, pass upon same and render their decision accordingly, and from this decision there shall be no appeal. Assessments. SEC. 26. Be it further enacted, That said tax assessors are hereby relieved of the necessity of assessing the personal property of the taxpayers of said town; they themselves being hereby authorized and required under oath to make returns of their personal property to said clerk and treasurer, as has been the practice heretofore. Returns of personal property. SEC. 27. Be it further enacted by the authority aforesaid, that immediately after the town assessors have finished assessing the value of the taxable real estate of said town, they shall file a report of their actions with the clerk of the town council, and immediately after said report is filed it shall be the duty of said clerk to notify every tax payer, setting out the valuation of his taxable real estate in said city as assessed by the town assessors, specifying, as near as practicable, the valuation assessed for each tract or

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parcel of land. All the returns of personal property under oath shall, as fast as made, be by the owners transmitted to said town clerk, and it shall be the duty of said clerk to prepare a tax digest, which shall contain the valuation of the taxable property, both real and personal, as the same has been determined under the provisions of this charter. The town council may, by ordinance, fix the time when said digest is to be completed by the clerk. Tax digest. SEC. 28. Be it further enacted, That the present board of tax assessors of the town of Maysville, to-wit: G. P. Boon, J. M. Ellison and J. N. Smith, be and they are, hereby declared and appointed lawful tax assessors of the town of Maysville under this charter until the election and qualification of their successors. Tax assessors. SEC. 29. Be it further enacted by the authority aforesaid, That the mayor of said town shall see that all laws, ordinances and resolutions of said town, are faithfully enforced and executed, and that all officers of said town shall faithfully discharge the duties required of them; he shall have general jurisdiction and supervision of the affairs of the town; he may exercise within the town the power conferred upon constables and sheriffs to suppress disorder and keep the peace, he shall have the power, when necessary, to call on every male inhabitant of said town over eighteen years old, to aid in suppressing riots or disorder assemblages of any kind, or to aid in enforcing the laws and ordinances of said town; he shall have the authority to inspect the books and papers of any agent, employee or officer of said town; he shall from time to time, and especially at the end of each official year, give the town council information

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relative to the affairs of said town, and he shall recommend for the consideration of the council such measures as he may deem fit. Duties of mayor. SEC. 30. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or disqualification, the mayor pro tem., or in the case of the absence or disqualification of both the mayor and the mayor pro tem., any member of the town council may hold a court, to be called the mayor's court, for the trial of all offenders against the laws and ordinances of said town, as often as may be 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. The punishment for any violation of a town law or ordinance, when not otherwise provided in this Act, or for contempt, shall be a fine not exceeding two hundred dollars, imprisonment in the town guard house or in the county jail, by permission of the county authorities, for a period not exceeding ninety days, work on the streets, chaingang or such other places where the offender may be lawfully placed at work under the provisions of this charter, for a period not exceeding ninety days, one or more, or all of these punishments, at the discretion of the trial court. Any person convicted before said mayor's court for any violation of the laws or ordinances of said town, may enter an appeal from the judgment of said court to the town council; provided, the appeal be entered within one day and bond for his appearance to abide the decision of the town council be given, said bond to be approved by the town marshal. At the trial of such appeal the mayor, mayor pro tem. or any member of the town

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council may prescribe, and it shall require three votes of the council to reverse the judgment of the court from which the appeal is made. In the event such sentence or judgment is reversed, the said town council may proceed to either acquit the offender or impose such sentence as they may see proper, consistent with the provisions of this charter, and in the event such sentence is affirmed there shall be no need to pronounce a new sentence upon the offender, but the original sentences shall at once be enforced, unless suspended in accordance with the law governing certiorari from the county courts of this right of certiorari in accordance with said law being hereby given. Mayor's court. SEC. 31. Be it further enacted by the authority aforesaid, That the mayor and said council shall have the right and authority to establish a chaingang in said town, provide for the confinement of the prisoners therein during the hours they are not engaged in labor, provide for their maintenance during the period of their imprisonment, employ guards and convict bosses, and generally to provide for the proper government and control of said convicts. The town council shall have the right to lease or hire such convicts as may be confined in the chaingang of said town to the county authorities of Jackson or Banks county, or to any adjoining county, and shall have the right to make such charge for such hire as may be agreed upon; provided, however, that said convicts shall be provided for by said county authorities in the same manner as the county convicts of county are kept and provided for. Chain-gang. SEC. 32. Be it further enacted by the authority aforesaid, That the mayor of said town is hereby authorized

Page 1125

to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed within the limits of the town of Maysville, offenses against any penal law of the State, and to take the examination of such persons, and the same to discharge or commit to prison, or let to bail, according to law, to answer such charge before the court having jurisdiction in the same manner as justice of the peace of the several counties of the State, now or hereafter may have by law, all of which warrants shall be addressed to marshal of the town of Maysville, Georgia, or any lawful policeman thereof, and to all the sheriffs, deputy sheriffs and constables of this State, and any one of said officers shall have the same authority to execute said warrants as the sheriffs of this State have to execute criminal warrants. Arrests. SEC. 33. Be it further enacted by the authority aforesaid, That if, on the trial of any person before the mayor, mayor pro tem., or town council for violation of any ordinance or law of the town, it shall appear that such person is probably guilty of an offense against the penal laws of the State, it shall be the duty of the court trying such person to commit such person to prison, or let to bail, to answer before the court having jurisdiction of the same for the offense committed. Commitments. SEC. 34. Be it further enacted by the authority aforesaid, That the marshal, regular or special policemen, shall have the right and privilege (though they shall not be compelled, if it would be dangerous, to allow their prisoners to run at large) to release any person arrested within the corporate limits of said town, upon such person giving a bond, to be approved by the marshal

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or mayor of said town, payable to the town of Maysville, conditioned to pay said town of Maysville an amount fixed by said marshal, or mayor, and named in said bond, in the event said person arrested does not appear before the corporate authorities of the town at the time and place specified in the bond, and from time to time until said person so arrested is tried for the offense for which he or she was arrested. Appearance bonds. SEC. 35. Be it further enacted by the authority aforesaid, That if any person who has been arrested, charged with a violation of any law or ordinance of said town of Maysville, and has given bond for his or her appearance before the proper authorities to answer such charge, fails to appear at the time and place specified in the bond, said bond shall be declared forfeited, and a rule nisi directed to the principal and security, shall issue, directing and requiring them to show cause before the mayor's court, at a sitting of said court to be held not less than sixty days from the time of the forfeiture nisi, why the bond should not be absolutely forfeited, copies of which rule nisi shall be served upon the principal and sureties on the bond, at least twenty days before the sitting of the court to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing same once a week for four weeks prior to the sitting of the court to which the same is returnable, in the official Gazette of Jackson or Banks county. If at such return term no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and securities on said bond, or such of them as have been served, for the full amount thereof and all

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cost, which shall include the cost of publication, if service by that method is used, which execution shall be signed by the clerk of the council and mayor of the town, and shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgments in the justice or Superior Courts of this State. Said executions shall be directed to the marshal of the town of Maysville, and to all and singular the sheriffs, deputy sheriffs and constables of this State, by anyone of whom the same be levied. Forfeiture of bonds. SEC. 36. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to control the finances and property of said town, to appropriate money and provide for the payment of the debts and expenses of the corporation. Finances of town. SEC. 37. Be it further enacted by the authority aforesaid, That for the purpose of raising revenues to defray the ordinary current expenses incident to the support and maintenance of the town government, the said town council shall have full power and authority to levy and collect an advalorem tax upon all property, both real and personal, and choses in action in the corporate limits of said town, not to exceed one per cent., but when that amount is deemed insufficient, said town council shall have the authority to levy an additional tax in the mode and manner provided by the Constitution and laws of the State of Georgia. Ad valorem tax. SEC. 38. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to provide for the levying and collection of a business or occupation tax upon any trade, business, profession or occupation, except such as are exempt by law, carried

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on within the town limits and upon the inhabitants of said town who engage in or offer or attempt to engage in any profession, trade, business or occupation in said town, and on such persons as live without the limits of said town, but who engage in or attempt or offer to engage in any profession, business, trade or occupation, not exempt by law, within the limits of said town, as said town council may deem expedient for the safety, benefit, convenience, and advantage of said town. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession, trade, business or corporation, and said town council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation tax, or take out license for same, who engage in, or offer or attempt to engage in, such business, trade, profession or occupation before paying such tax or taking out such license and comply fully with all the requirements of said town council made in reference thereto. Specific taxes. SEC. 39. Be it further enacted by the authority aforesaid, That the mayor and said council shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, sodas, ices, etc.; livery stables, feed stables, sale stables, and lots; hacks, drays and other vehicles; auctioneers, vendue masters, itinerant traders; theatres and theatrical performances, shows, circuses, fairs, and exhibitions of all kinds; oil mills, ice works, laundry, and waterworks, electric light works; itinerant lightning-rod dealers, emigrant agents, book agents, sewing machine agents, peddlers of stoves, clocks, machines of any kind

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of merchandise whatever; physicians, dentists, veterinary surgeons, and lawyers; itinerant venders of any and all kinds of goods, wares, merchandise or other things; billiard, pool, and bagatelle tables kept for public pay; every keeper of a shooting gallery or ten-pin alley; upon the keeper of any table, device, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivances; upon balloons, flying horses or other like contrivances; bicycles, velocipedes or skating rinks; insurance agents, life fire accident or other insurance companies; loan agents and agents for any and all kinds of business; banks and bankers, brokers and commission merchants of all kinds, dealers in furniture; keepers of slaughter pens, beef markets, green grocers, dealers in fresh oysters, vegetables, fruits, bread, meats and other articles of foods; contractors and builders, and all mechanics or artisans, keepers of black-smith or repair shops, barber shops, junk shops pawn brokers, and upon all and every other establishment, business, trade, calling or occupation not heretofore mentioned, and which, under the laws of the State of Georgia, are not exempt from municipal tax, and to enact ordinances to enforce the same. Licenses. SEC. 40. Be it further enacted, That the mayor and council of said town shall have the power to require every male inhabitant in said town, who by the laws of this State is subject to work on the public road, to work such length of time on the streets of said town as the mayor and council may by ordinance direct, in no case to exceed fifteen days in one year. Said persons so subject to street work shall have the right to relieve themselves of said work by paying a commutation tax,

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which said mayor and council shall fix by ordinance and which tax shall in no event exceed five dollars per annum. Said street work to be done and commutation tax to be paid at such times as said mayor and council may by ordinance direct. Any person subject to work or pay said tax, and failing to do so after being promptly notified, may be punished in the mayor's court as the said mayor and council may by ordinance prescribe. Street work or commutation tax. SEC. 41. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full and complete control of the streets and sidewalks, alleys and squares of said town, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening or grading or in any way changing the street lines and sidewalks of said town, and when the mayor and council of said town shall desire to exercise the power and authority granted in this Section, it may be done, whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian or agent, in the manner provided by Sections 4657 and 4686 of Vol. 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 buildings, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said town, and to enforce the provisions of this Section by appropriate ordinances. Streets, etc. SEC. 42. Be it further enacted, That the mayor and council of said town shall have full power and authority to pass all laws and ordinances concerning the draining

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and proper maintenance and care of the streets, alleys and sidewalks and other public places of said town; to provide for the paving of the same, or any part thereof, whenever in their judgment the same becomes necessary, and to provide how said paving, maintenance or care shall be paid, whether by said town or whether by the adjacent landlord, or by both. Street improvements. SEC. 43. Be it further enacted, That said mayor and council shall have power and authority to establish a system of water-works, sewerage, electric lights, gas plant, or any of them, in said town for the purpose of supplying its inhabitants and the town, as well as consumers generally, with water, sewerage, and lights, or any of them; and said mayor and council shall have the power to do any and all things necessary for such purposes, to contract with any person or persons for the purchase of land or premises to be used in connection therewith, whether within or without the town, and if necessary to condemn the same as hereinafter provided for. Said mayor and council shall have the authority to make contracts for the purchase of plants, machinery, etc., and make contracts with the inhabitants of said town and with the consumers generally, as to the furnishing of water, of sewerage or lights, or any of them. Said mayor and council shall also have full power and authority to grant the use of the streets and other public property to any person, firm or corporation that will undertake to furnish the town and the public with electric lights, gas lights, water, sewerage, or any of them; and to make such contracts with such persons, firm or corporation for water, sewerage and lights, or any of them, as may to said mayor and council seem proper; provided, that the town shall not be bound

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by any such contract for a longer period than one year from the making thereof, unless said contract shall have first been approved by two-thirds vote of the qualified voters of said town at an election to be held for that purpose, of which at least four weeks notice shall be given in the newspapers of said town by said mayor and council, which notice shall contain a substantial statement of the proposed contract, as well as the time and place of the election, and which election shall be governed by the laws applicable to the regular election of town officers. The mayor and council of Maysville are hereby authorized and empowered to pass all ordinances, rules and by-laws necessary to carry out and effectuate the powers granted in this Section. Light, water and sewerage. SEC. 44. Be it further enacted, That the town of Maysville shall only issue its bonds, either for the payments of its debts or for public improvements under the provisions of Sections 377 to 381, inclusive, of Vol. 1 of the Code of Georgia of 1895. Municipal bonds. SEC. 45. Be it further enacted, That the mayor and council shall have full power and authority to contract for or to condemn any lands or premises within or without the town for the purpose of establishing and maintaining an electric light plant, gas plant, a water-works system and a sewerage system, or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be and had under the provisions of Sections 4657 and 4686 of Vol. 2 of the Code of Georgia of 1895. Condemnation. SEC. 46. Be it further enacted, That said town council are hereby empowered to classify business and to arrange the various business trades and professions

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carried on in said town in such classes of subjects for taxation as they may deem just and proper. Classification of business etc. SEC. 47. Be it further enacted, That said mayor and council shall have full power and authority to require any person, firm or corporation, whether a resident or a non-resident of the town of Maysville, engaged in or carrying on, or who may engage in or carry on, any trade, business, vocation or profession within the incorporate limits of said town, either by themselves or by their agent or agents, to register their names and business calling, vocation, or profession, annually, and to require such person, firm or corporation to pay for such registration and for license to prosecute, carry on or engage in such business, calling or profession, such amount as the mayor and council may by ordinance require. Said mayor and council may by ordinance provide for the punishment of all persons, firms, or corporations who are required by ordinance to pay the said special tax and to register, who shall engage in or offer or attempt to engage in such business, calling or profession, without first complying in all respects with the town ordinances in reference thereto. Business license. SEC. 48. Be it further enacted by the authority aforesaid, That executions for any and all taxes or licenses or demands of any sort due the town or its corporate authorities by any person firm or corporation, or against any property subject thereto, shall be issued by the clerk of said town, signed by him, bear test in the name of the mayor, and be directed to the marshal of said town and his deputies, and to all and singular, the sheriffs, deputy sheriffs and constables of this State, commanding them that of any property belonging to the defendant against whom said execution is issued, or of

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certain property described in the execution, they make by levy and sale the amount due on the execution, with all cost. The mayor and council shall by ordinance provide for the time and place of and the method of conducting the marshal's sales under said executions. The sheriffs, deputy sheriffs and constables of this State shall proceed in the same manner to levy and collect executions issued by the town of Maysville as they levy and collect executions issued from the respective courts of which they are executive officers. Collection of taxes, etc. SEC. 49. Be it further enacted by the authority aforesaid, That the executions issued in accordance with the power and authority conferred by this Act, shall have the same force and binding effect as other executions for taxes; in case they are for advalorem taxes due the town and in case they are for other taxes, licenses, fines, forfeitures or demands due the town, shall have the same force and bonding effect as executions issued from the Superior Courts and justice courts of this State, and may be levied by any officer to whom they are directed, upon any property in said State, subject to said execution. The same right and privilege shall belong to the person against whom executions issue, to file an illegality to said execution, and to any person not a party to said execution, to file a claim to the property levied on and give bond, as if said executions issued from a justice's or Superior Court of this State. The papers connected with said claim or illegality cases, shall be returned to that court, according to amount involved, in said counties, as by the laws of Georgia, has jurisdiction to try other claims and illegalities. In the event the real estate levied on lies in another county, and claim or illegality shall be filed, then such case shall

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be tried in that court in the county where the land lies, as according to amount involved, has jurisdiction to try similar claims and illegalities. In all cases the officers making sale under such executions shall execute title to the property sold and put the purchaser in possession of the same. Illegalities and claims. SEC. 50. Be it further enacted by the authority aforesaid, That the said town council shall have power and authority to provide by ordinance when the taxes of said town shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. Payment of taxes. SEC. 51. Be it further enacted, That nothing in this Act shall effect the present officers of the town of Maysville or their fees or salaries, or the licenses and speical taxes, or the tax rate fixed by the ordinances of said town for the year 1909. Fees and salaries. SEC. 52. Be it further enacted by the authority aforesaid, That the said town council shall have the power and authority to contract debts and issue bonds of said town under and in accordance with the limitations provided in the Constitution of the State and general laws of the State applicable to municipalities, and with the funds arising from the sale of any bonds thus issued may refund existing debts, establish and maintain a system of water-works, sewerage, a system of lights, a public school system, may erect public buildings, or any other improvement, convenience or necessity for the use of the citizens of said town, and to create a debt and issue bonds of said town for any other lawful purpose under the limitations therein stated. Municipal bonds. SEC. 53. Be it further enacted, That the special legislation on the subject of the public school system of said

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town, and the funds belonging to said public school system, and the various matters therewith connected shall not be repealed or modified by this Act, but shall remain in force and effect. School system. SEC. 54. Be it further enacted by the authority aforesaid, That the public schools now established in the town of Maysville under the provisions of an Act approved August 18th, 1905 shall be operated and maintained as provided in said Act. Public schools. SEC. 55. Be it further enacted by authority aforesaid, That the action of the mayor and councilmen of said town in issuing bonds, with interest coupons, in pursuance of an Act of the Legislature of Georgia, approved August 18th, 1905, for the purpose of establishing and maintaining the public schools of said town, be, and the same is, hereby ratified and confirmed; and the town council are hereby authorized and empowered to levy, assess and collect, annually, a sufficient tax upon and from the property in said town, real and personal, to pay the principal and interest of said bonds, provided in amount by said Act. School bonds. SEC. 56. Be it further enacted, That the present members of the board of education of said town in charge of the public school of said town, to-wit: G. P. Boone, V. D. Lockhart, Boon Suddath, G. A. Henry and O. R. Reynalds be, and they are, hereby declared and appointed lawful members of the board of education of said town in charge of said school under this charter until the election and qualification of their successors. Board of education. SEC. 57. Be it further enacted by the authority aforesaid, That every male person between the ages of sixteen and fifty years, who has resided in said town thirty

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days, shall be liable and subject to work on the streets and sidewalks of said town, not to exceed twenty days in each year, at such time or times as the said town council may require, or to pay a commutation tax in lieu thereof not to exceed five dollars, as the town council may determine. Should any person liable to work on the streets and sidewalks of said town under this Section fail or refuse to do as said town council may require, he shall be punished, on conviction in the mayor's court, by a fine not exceeding one hundred dollars, imprisoned in the town guard house or county jail, by permission of the county authorities, not exceeding twenty days, one or more or all of these, at the discretion of the trial court, and in addition thereto such costs of the proceedings as may be incurred. Street work or commutation tax. SEC. 58. Be it further enacted, That the mayor and council of said town shall have power to enact a curfew law, that is to say, a law prohibiting any one loitering or wandering upon the streets of said town after such time as they may prescribe, and to prescribe the limits and regulate the time within which children under the age of sixteen are prohibited from loitering or congregating on the streets and alleys of said town and to prescribe a penalty for the violation of such ordinance as may be passed to carry into effect this Section. Curfew law. SEC. 59. Be it further enacted, That the mayor and council of the town of Maysville shall have full power to require railroads running through said town to make crossings on their several roads wherever said mayor and council may deem it necessary to place such crossings for the convenience of the public, or to open and keep open any present or future street in said town; and the mayor and council may pass any ordinances

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needful for carrying out the provisions of this Section. And in case the railroad companies, as aforesaid, shall fail and refuse to fix said crossings when notified so to do, the mayor and council shall have power to put the same across such railroads at the expense of said railroads, and may issue executions therefor and levy and collect the same, as is provided in this Act, for issuing, directing and levying and selling property of individuals. Railroad crossings. SEC. 60. Be it further enacted by the authority aforesaid, That said town council shall have the power to summarily and forcibly remove at any time and without notice to anyone, any and all obstructions of any character whatever from the streets, sidewalks, alleys, and commons of said town. They shall have the power to prevent tramps, street walkers, vagrants, loiterers, idle persons, and lewd females from walking the streets and sidewalks of said town, and punish them in their discretion by any punishment authorized by this Act. And whenever it shall appear to the mayor of said town by evidence sufficient to excite the suspicions of a reasonable and prudent man that any room, house, building or cellar in said town is being used as a house of ill fame, as a residence of lewd women, or as a place where gambling or other immoral and illegal and disorderly practices are carried on, said mayor may order the marshal of said town, or any regular or special policeman thereof, to enter said building, house, room or cellar by force, if necessary, and arrest the occupants thereof and bring them before the said mayor to be dealt with according to law. Police powers. SEC. 61. Be it further enacted by the authority aforesaid, That the mayor and said council shall have the right and power to regulate traffic and sales upon the

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streets and public places of said town, to regulate the speed of horses or other animals, vehicles bicycles, automobiles or other means of locomotion, cars and locomotives within the limits of said town, to suppress rowdy or disorderly houses, houses of ill fame, houses of assignation within the limits of said town, and to prohibit the sale or exhibition of any obscene or immoral publication, prints, pictures or illustrations. Police powers. SEC. 62. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the right and power to declare what shall be a nuisance and to abate the same, and to provide for the punishment of persons who may create, continue or suffer nuisances to exist; to prevent the establishment of any unwholesome or offensive business or establishment within the limits of said town; to compel the owner of any cellar, stable, pig-sty, privy, sewer, or any other unwholesome or nauseous house or place, to cleanse, abate or remove the same. Nuisances. SEC. 63. Be it further enacted, That the mayor and council of said town shall never have the power or authority to license or to authorize persons to sell intoxicating and spirituous liquors and whiskies of any kind whatsoever within its corporate limits, but may punish by ordinance the sale of any patent medicine, which if drunk to excess will produce intoxication and may punish by ordinance the sale of any near beer or any imitation of beer or any other drink, which if drunk to excess will produce intoxication, and may also punish any person keeping or storing or having on his person or in his possession or in his custody, within said corporate limits, intoxicating and spirituous liquors and whiskies and any

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kind of beer, which if drunk to excess, will produce intoxication, for the purpose of illegal sale; and said mayor and council are hereby given express authority to enact any and all ordinances to carry into full force and effect the provisions of this Section. Sale of intoxicants. SEC. 64. Be it further enacted, That said mayor and council are hereby further authorized and empowered in the exercise of the police power of said town, to enact ordinances preventing the delivery within the corporate limits of said town, of wine, beer, near beer, or any imitation of near beer, of the character described in the above Section of this Act, 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. Said town is further authorized and empowered to enact ordinances preventing any company, corporation or person whatever from receiving such intoxicants within the corporate limits of said town from any corporation or person whomsoever, and to enact ordinances providing for a penalty for so doing. Said town is further authorized and empowered 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 town is further authorized and empowered in the exercise of its police power to provide for and enact any other ordinance looking to the regulation, restriction, suppression or prohibition of the liquor and beer or near beer traffic, legal or otherwise, within the corporate limits of said town, whether by high license, prohibitory tax or otherwise; provided, however, that the provisions

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of this Act shall be held and construed to apply to domestic commerce and intrastate shipments as distinguished from shipments from beyond the State and intrastate commerce. Liquor traffic. SEC. 65. Be it further enacted, That in addition to the powers conferred by Sections 63 and 64, said mayor and council are hereby authorized and empowered to make any place a public nuisance if the facts justify it in the judgment of said council, where any ardent, spirituous or malt liquors, any wine, beers or imitation of beers, ciders, drinks or beverages of any kind whatever are kept for sale, and to enact such ordinance as may be needful to abate the same not inconsistent with the laws of Georgia. Suppression of liquor traffic. SEC. 66. Be it further enacted by the authority aforesaid, That to carry into effect the powers conferred upon said town council by this Act, or any future Acts of the legislature of this State, and for the preservation of the peace, good order, temperance and morality in said town, the town council shall have the power and authority to make and pass all needful by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State. General welfare. SEC. 67. Be it further enacted by the authority aforesaid, That all by-laws, ordinances, resolutions, rules and regulations, heretofore passed and enacted by the council of the town of Maysville now of force and effect under the charter of the town of Maysville not in conflict with this Act, are hereby re-enacted and made of binding force and effect under this charter until the same are repealed by vote of the town council of the town of Maysville. Existing ordinances, etc.

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SEC. 68. Be it enacted by the authority aforesaid, That all laws contained in the several Acts granting charter powers and privileges to said town of Maysville or the mayor and council thereof, and the several Acts amendatory thereof, and all ordinances now in force in said town which is not in conflict with this Act, are hereby continued to be a part of the charter of said town, and are hereby declared of full force and effect. Existing laws. SEC. 69. Be it further enacted by the authority aforesaid, That all legal contracts heretofore entered into by the town of Maysville, or the corporate authorities thereof, shall be good and valid for or against the town of Maysville under this Act to the same extent that they would have been good or valid for or against the town of Maysville had this Act not been passed. All the rights and liabilities of the town of Maysville shall accrue and survive to and against the town of Maysville under this Act. All property and the right thereto now held and owned by the town of Maysville shall be and become the right and property of the town of Maysville under this Act. Contracts, rights and liabilities. SEC. 70. Be it further enacted, That it shall be the duty of the Secretary of State of the State of Georgia, upon request presented from said town council, to have a census of the population of the town of Maysville made by enumerators to be sworn by the judge of the Superior Court of said county, the affidavit to be prescribed by the Secretary of Stateone copy of which census shall be returned to and filed with said Secretary of State, and one or more copies filed with the clerk of council of said town; said census shall be taken in accordance with regulations prescribed by said council

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and approved by said Secretary of State; the expense of taking said census to be paid by said town; such enumeration of the population of said town when taken and filed with the Secretary of State shall be recognized as a State census or enumeration of the population of said town until a new census shall thereafter be taken by authority of the United States government or the State government. Census of town. SEC. 71. Be it further enacted, That the mayor and council of said town shall have the right to elect such other municipal officers, besides those herein specified, as may to them seem necessary and proper, providing therefor, when necessary, by ordinance, and in the same manner prescribing their duties and fixing their compensation. Municipal officers. SEC. 72. Be it further enacted, That the mayor of said town, and in his absence or disqualification, the mayor pro tem., is hereby authorized to issue warrants for the arrest of all persons charged upon affidavits before him made with having committed within the limits of the town of Maysville, offenses against any law or ordinance of said town, and to try and punish all persons for the violation of the laws or ordinances of said town as provided in this charter. Arrests. SEC. 73. 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 17th, 1909.

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McDONOUGH, CITY OF, CHARTER AMENDED. No. 163. An Act to establish a system of public schools in the city of McDonough, to provide for the maintenance, support and control of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, the corporate authorities of the city of McDonough having so recommended, That from and after the passage of this Act, there shall be established a corporate school district in and about the city of McDonough, in the county of Henry, to be known as the McDonough school district, which district shall at all times be co-extensive with the city limits of said city. McDonough, city of; corporate school district. SEC. 2. Be it enacted That the management and control of all schools in said district shall be vested in a board to be known as the board of education, composed of three persons, and which board, by that name and style shall have perpetual succession, have and use a common seal, have a right to sue and be sued, and shall have power to purchase, receive and hold to them and their successors in office, for school purposes, any estate, real, personal, and of every kind and character. Board of education. SEC. 3. Be it further enacted, That J. B. Dickson, J. M. Carmichael and J. C. Harris shall be, and are, hereby constituted the board of education, to carry into effect the provisions of this Act until the regular election of the members of said board, which shall take place at the time and place of the election of the mayor and councilmen for the city of McDonough. The first

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election of board members under this Act shall be held at the same time and place, and in the same manner as the election for mayor and councilmen who are to serve during the year 1911, at which time one member of the board shall be elected for one year, one for two years, and one for three years. Their successors in office shall serve for a term of three years, beginning from the date of their respective elections. All vacancies occurring on said board, other than by expiration of office, shall be filled by a majority vote of the city council of McDonough. Appointment and election of board. SEC. 4. Be it further enacted, That said board of education shall, as soon as practicable after the passage of this Act, organize for the purpose of putting this Act into operation by electing a president. The clerk of the city council shall be ex-officio treasurer of the board, and his compensation shall be fixed by said board. It shall be the treasurer's duty to collect all moneys due the board and to disburse the same only upon the order of the president of said board. He shall give such bond as may be required of him by said board. Said treasurer shall keep a book, in which he shall enter all sums received and disbursed by him, which book shall at all times be subject to the inspection of any person interested therein. The superintendent of the public schools of the city of McDonough, shall be ex-officio secretary of the board and shall attend all meetings of the board and have privilege of debate, but neither can the secretary or the treasurer vote on any question arising before said board. Said secretary shall keep a fair record of all the Acts and doings of said board, which book shall also be open for inspection as aforesaid. Organization of board.

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SEC. 5. Be it further enacted, That said board of education shall have power to adopt a system of public schools in said district, to elect a superintendent and prescribe his duties and remove him for cause, in their discretion; to employ, suspend or remove teachers, and fix their compensation by salary or otherwise; to provide school houses by rent, building, purchase or otherwise; to make and hold title to such property; to make such rules and regulations for the government of themselves and such schools as they deem proper, not in conflict with the laws of the State, and to do any and all things promotive of the above educational interests of said district, not in conflict with the provisions of this Act, or the laws of this State; provided, that said board shall not have power to purchase property or sell it without the consent of the majority of the city council of McDonough. Powers of board. SEC. 6. Be it further enacted, That the length of term of said public schools shall be not less than six, nor more than ten scholastic months in each year, the length of said term to be in the discretion of the board. The curriculum in said schools shall be such as is taught in the system of public schools maintained by the State with such additions as the board may deem necessary. All children entitled to the benefit of public schools under the laws of Georgia whose parents, guardians or natural protectors reside within the corporate limits of said district, shall be admitted to the aforesaid schools, the colored children to the colored school, and the white children to the white school. Children of non-residents, and such others as may not be entitled to the benefit of these schools shall be admitted upon such terms as may

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be prescribed by the board of education of said city, not in conflict with the laws of this State. School system. SEC. 7. Be it further enacted, That it shall be the duty of the county school commissioner of Henry county, and he is hereby required, to pay over to the treasurer of said board of education of the city of McDonough the portion of the public school fund of said county to which the schools established under this Act for said district may be entitled under the rules of distribution of the public school fund. Pro rata share of county school fund. SEC. 8. Be it further enacted, That the board of education of Henry county, or any other party or parties, shall not establish any other school, or contract with any person to teach a school of any character in said district, nor shall any of the State school funds be paid to any other school in said district than the schools herein provided for. County schools. SEC. 9. Be it further enacted, That the board of education shall annually make a report to the city council in writing, signed by the president and secretary, showing the condition of said schools, and this report shall be accompanied by the treasurer's report, giving a full and itemized statement of all moneys received and expended by said board. Reports of board. SEC. 10. Be it further enacted, That the mayor and councilmen of the city of McDonough, Georgia, are hereby authorized, empowered and required to levy and collect each year such special tax for school purposes as the board of education may recommend, not to exceed five-tenths of one per cent. on all property, both real and personal, in said city and subject to taxation by said city, and pay over the same to the treasurer of said

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board of education. This Section shall not become operative until after it shall have been ratified by the requisite constitutional majority of the voters of said city of McDonough at an election called for that purpose by the mayor and council of said city at any time they may see fit and proper after the passage of this Act. All those qualified to vote at election of mayor and councilmen of said city shall be permitted to vote at this election; provided, they shall have registered in a book provided by the mayor and council which shall be opened for this purpose by the clerk of the city council in his office thirty-five days before said election and closed five days before said election. If two-thirds of the qualified voters of said city shall vote for ratification of this Section, the mayor of said city shall so declare in writing and publish his declaration once in a newspaper in said city, and upon said publication this Section shall take effect and be of force. If said election should not be carried for school tax, an election may be held as herein provided after the expiration of twelve months from said first election, and may be held any or every year thereafter until the result shall be for school tax. School tax. 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 14th, 1909.

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McRAE, CITY OF, NEW CHARTER. No. 281. An Act to create a new charter for the city of McRae, in the county of Telfair, and to reincorporate said city and to declare and consolidate the rights and powers of said incorporation, to define the corporate limits of said city of McRae, to provide for mayor and board of aldermen and other officers of said city, and to prescribe the powers, duties, rights and liabilities of all officers for said city and the manner of their election or appointment and removal of from office; to provide for retention of the present officers of the city of McRae, until election of officers for said city under this charter; to provide that all ordinances, rules and regulations of the city of McRae, not in conflict with this Act, shall remain valid and inforceable as ordinances, rules and regulations of the city of McRae, incorporated by this Act, until the same are repealed or amended by mayor and aldermen of the city of McRae; to provide for streets and sidewalks, and working and paving of same. To authorize the mayor and aldermen to maintain and operate a system of water-works, electric lights and sewerage for the city of McRae; to provide for assessment, levying and collection of an advalorem tax upon all property, both real and personal, for general purposes, and for the purpose of paying principal and interest on the bonded debt of said city; 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.

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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 same, That the city of McRae, which was incorporated by Act of the Georgia legislature, approved August 28th, 1889, and all amendments thereto, shall, from and after passage of this Act, be invested with all the rights, powers and privileges incident to municipal incorporations in this State, and the said city of McRae, 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 said council, such rules and regulations and resolutions for the transaction of its business, and the welfare and proper government of said city council may see is best, and which may be consistent with the laws of said State of Georgia, and the said city of McRae 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 of all kinds whatsoever, within or without the limits of said city for corporate purposes. They shall have special powers in its corporate capacity to make all contracts they deem necessary for welfare of said city or its citizens; to assess values of property, levy and collect taxes, and remove nuisances. They shall have full power and control over streets, alleys and lanes of the city and to remove obstructions therefrom, as is generally exercised 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

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preserve a proper legal government of said city, and to declare what act or thing shall be unlawful. McRae, city of, reincorporated. SEC. 2. Be it further enacted by authority aforesaid, That the corporate limits of the city of McRae as enacted by this Act, shall embrace and contain all of the territory known as lots of land Nos. 172, 173, 188 and 189. All situated, lying and being in the 10th land district of Telfair county, Georgia, and the lines between said lots of land and the lots which they adjoin shall be the corporate lines of said city. Corporate limits. SEC. 3. Be it further enacted by authority aforesaid, That the government of said city of McRae shall be vested in said council composed of mayor and six aldermen. The present mayor shall continue in office until expiration of 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 the rights, powers and duties hereby conferred on the city council of the city of McRae, created by this Act, and all ordinances, rules and regulations of the old corporation of the city of McRae, not repugnant to this charter, are continued in full force and effect until same are repealed, annulled, amended or changed or modified by city council of said city, and all officers elected or appointed by the mayor and council of old corporation of the city of McRae shall continue to hold their office and discharge duties thereof, until expiration of term for which they were elected, or appointed and until their successors are appointed, unless sooner suspended, removed or discharged by the city council of McRae. Mayor and aldermen.

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SEC. 4. Be it further enacted by authority aforesaid, That the term of mayor of said city of McRae will be one year, and until the successor is elected and qualified, and that the first election for mayor under this charter, shall be on the first Tuesday in December, 1909, and annually thereafter on the first Tuesday in December, and the term of each alderman of said city 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 1909, and annually thereafter on the first Tuesday in December. A mayor pro tem. shall be elected by the board of aldermen, and in the event vacancy occurs in the council by removal from the city, 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 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 city, 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 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. Terms of mayor and aldermen. 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

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time provided for in this charter, on the first Tuesday in December, it shall be the duty of the city 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. 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 city, and who shall not have resided in the State two years, and in the city 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 city, 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 city are faithfully executed, and that all officers of said city faithfully execute the duties required of them. He shall have general supervision over the affairs of said city, shall preside at meetings of the city 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 city council unless in case of a tie. Powers and duties of mayor. SEC. 8. Be it further enacted by the authority aforesaid, That during the sickness, absence or disqualification

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of the mayor, the mayor pro tem. shall act as mayor, and in the case of sickness, absence or disqualification of the mayor pro tem., any one of the aldermen chosen by the city council, shall be clothed with all the rights and privileges of the mayor, and shall perform the mayors' duties for the time being. Absence or disqualification, of mayor. 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 city 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 city council. Said city council shall hold regular meetings in every month, and oftener if they think best, at stated times, and at a stated place in said city 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 city council shall be public, and the public shall be allowed at all times to witness their deliberations, except when the city council resolves itself into executive session, when the public shall be excluded. Meetings of council. SEC. 10. Be it further enacted by 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

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the general welfare of the inhabitants of said city, 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 authority aforesaid, That every male citizen of the city of McRae, twenty-one years of age, and who shall have bona fide resident in said city for sixty days preceding date of next election, and who shall be entitled to vote for members of the legislature from Telfair county, and shall have complied with requirements of all ordinances which may have been passed by city mayor and aldermen under Section 12 hereof, providing for registration of voters of said city, shall be entitled to vote in said election. Voters. SEC. 12. Be it further enacted by authority aforesaid, That said mayor and aldermen shall have power and authority to provide for registration of voters prior to any municipal election in said city, to make all needful rules and regulations for same and to require that no person be permitted to vote unless registered as aforesaid. Registration of voters. SEC. 13. Be it further enacted by authority aforesaid, That all elections for mayor and aldermen, and elections on any question submitted to the voters of said city, shall be held at the court house, or at such place as now or may be established by law or the ordinance of the city. The mayor and aldermen shall have full power to establish as many polling places as they may deem necessary, all elections for the General Assembly of said State, and said elections 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'clock A. M. and close

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at 3 o'clock 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. Elections, where and how held. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city 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, a board of health, sanitary inspectors, chief of fire department, city 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 officers 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. Municipal officers.

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SEC. 15. Be it further enacted by authority aforesaid, That the newly elected mayor and aldermen shall take oath and assume duties of offices on the first day of January following their election, or so soon thereafter as possible. Term of office. SEC. 16. Be it further enacted by authority aforesaid, That it shall be the duty of the clerk to collect and keep, subject to the discretion of the city council, all money due and belonging to the city, except as hereinafter provided; to be custodian of the books and records of the city, to preserve a minute of all the acts and doings of each meeting of the city council; to be ex-officio clerk of the police court of said city, and to perform all 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 city council. Before entering upon the discharge of the duties of his office, he shall take before the 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 city 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 city council to do so. Duties of clerk. SEC. 17. Be it further enacted by authority aforesaid, That it shall be the duty of the treasurer to keep set of books in which he shall make entries of all sums of money received, and all sums paid out by him, when, and

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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 city, 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 city. The duties of the treasurer are such as usually, or which may be required of him, by the ordinances of said city 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 city 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 city council to do so. Duties of treasurer. SEC. 18. Be it further enacted by authority aforesaid, That all other officers elected or appointed by city council shall take such oath and give such bond as they may be required so to do, and also to perform such duties as they may be required to do by the ordinances, rules and regulations of the city council and to otherwise conform with all requirements made by city council governing such officers. Oath and bond of officers. SEC. 19. Be it further enacted by authority aforesaid, That the compensation of 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

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three 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. 20. Be it further enacted by 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 city 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 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, to add to the comfort, safety, convenience, benefit and health and advantage 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 property within the corporate limits of said town

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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 legal subjects of taxations, 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 or 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 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 who shall neglect or refuse to render in the amount of goods, wares and merchandise sold by 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 city council as a tax threon, shall forfeit and pay a sum in the discretion of the city 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 city council, may be proceeded against, by having property double taxed and by execution, in the same manner and according to such rules and ordinances

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as may be adopted by said mayor and council to enforce the collection of such taxes. Taxing power. SEC. 21. Be it enacted, That said mayor and city 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 city council, after ten days notice to the party at interest; said mayor and city council may cause all encroachments or obstructions of a permanent or temporary nature, or which in the judgment of said mayor and council, ought not be allowed along or upon any street, alley, laneway, walk or square in said town, to be removed. And whenever such encroachments are along or upon such streets, alley, lane, walk or square already laid out, then no compensation be made for the removal of the same, but whenever the mayor and city council shall exercise the power to widen, extend or straighten a street, alley, lane, walk or square, and the compensation thereof cannot 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 said property, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damages 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 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

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writing, and the return shall be filed in the office of the clerk of the Superior Court of Telfair 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 Telfair 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 Telfair 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 city of McRae 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 city of McRae should

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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 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 Telfair county. But the city of McRae 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 city 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 city. But in such event said city shall pay all cost of said award. Streets etc. SEC. 22. Be it further enacted, That the mayor and city 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 city, also their roadbed and right-of-way in such ways and proportions as the town council may prescribe. Said city council shall have full power and authority to adopt by ordinance such system of equalizing assessments on real estate for the above

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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. 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 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 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 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 Telfair county, and there tried and issue determined as in cases of illegality, subject to the penalties provided where illegality is filed for delay. The city shall have the

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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 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 city 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. Street improvements. SEC. 23. 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. 24. 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,

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nor lower than those allowed the justices of the peace and constables of this State. Said city council shall have power and authority in their discretion to allow said fees to the officers of said city, or to place the same in the treasury of said city, and pay the officers a straight salary for their services. Fees of officers. SEC. 25. 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 see proper. Inspection of books of officers. SEC. 26. Be it further enacted, That all writs, processes, subpoenas, summonses, rules of all kinds, warrants, 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. Writs etc., how issued. SEC. 27. Be it further enacted, That the mayor and city council are hereby invested with power to establish fire limits in said city, and to prohibit the erection of any wooden buildings or structures as will, in the opinion of the said mayor and city council increase the fire risk in any such part or parts of the city of McRae as they may designate as fire limits, and may change and enlarge fire limits when deemed necessary and may exercise

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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 city council shall have supervision and control of all warehouses, cotton presses, cotton gins, cotton and lumber yards, and naval stores yards, and other places in said city 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 city council shall have power and authority to remove any forge, smithshop, or other structure within the city, whenever in their discretion it shall be necessary 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 anyone, 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 city, 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 city; 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,

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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, to 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 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, the city of McRae 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. 28. Be it further enacted, That the mayor and city 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 city 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 city council are hereby given quarantine jurisdiction over all the area embraced within the jurisdictional limits of the county of Telfair, 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,

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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 21 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 whole of said area under quarantine, and may arrest, detain, and, if need be, confine persons 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 decalre 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 or established except by the consent of the mayor and city council, and the board of health of said city, if there be such a board, but if there be no such board, then the city council shall have full power to establish such 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, 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 city council shall have full authority to punish any violation

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of the quarantine rules and regulations of said city committed anywhere within said area, and said mayor and city council may by resolution adopt any resolution recommended by the town physician, health officer, and 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. SEC. 29. 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 city 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 be 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 city 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 city for construction, paving,

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or otherwise improving the streets and sidewalks of said city. Sanitation. SEC. 30. Be it further enacted by the authority aforesaid, That the mayor and city 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 city council shall prescribe, and whose duty and compensation shall be regulated by rules, regulations and ordinances of said city council. Said mayor and city 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 city 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 city, and shall take and subscribe to such oath and obligation as shall be prescribed and required of them by the said city council. Said city 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. Health officer, etc. SEC. 31. Be it further enacted, That said mayor and city 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,

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but even when the said premises on which said sick person may be sufficiently guarded, it shall be still in the judgment of the city council discretionary to assign all of sick persons to the hospital above declared. The mayor and city council shall have power and authority by ordinance or resolution that vaccination shall be compulsory upon all persons residing in said city of McRae, and within one mile of the incorporate limits of said town, and for this purpose said city 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 city, whether they be permanent residents or not of said city. And said mayor and city 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 city council may direct. Hospitals and quarantine. Vaccination. SEC. 32. Be it further enacted, That the mayor and city council shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the city of McRae, 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 city, 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. Suppression of vice.

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SEC. 33. Be it further enacted, That the mayor and council shall not have power and authority to license or authorize persons to sell intoxicating whiskies or liquors or beer of whatever kind by retail or otherwise; nor shall any person keep for sale within the limits of said city any such whiskey, brandies, beer or any other intoxicating or alcoholic drink, by whatever name or names the same be called. Sale of intoxicants. SEC. 34. Be it further enacted, That the said mayor and city council shall have power and authority to compel all male persons (except such as are exempt under the law) within the corporate limits of said city between the ages of sixteen and fifty years, to work on the public streets, squares, lanes and alleys of said city not more than fifteen days each year; said mayor and city 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 city authorized to receive and receipt for same such commutation tax as may be fixed by the city council; provided, however, that in no event, whether city council shall declare for a direct street tax, or for a commutation tax in lieu of working the street, shall the amount exceed the sum of eight dollars a year. Street and commutation tax. SEC. 35. Be it further enacted, That the said mayor and city council shall have power and authority to license and control all billiard tables, pool tables, or other tables

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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 city. And the mayor and city council shall have power and control over all public wells, pumps, and all waterworks, fire companies and engines within said city. Gaming places and shows. SEC. 36. Be it further enacted, That the mayor of said city shall have power and authority to hold a court at such time and place in said city as he or the city council may appoint for the trial of offences committed against the by-laws, rules and regulations and ordinances of said city, and for such violations to punish by fines not to exceed one hundred dollars, imprisonment in the guard house of said city, or the common jail of Telfair county, not to exceed thirty days, work on the chain-gang, 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 said city 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 city. Said warrants may be served by the police or marshals of said city, 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 city. Offenders so arrested may be carried before the mayor, and if there is probable cause to suspect that any of the penal laws

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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 Telfair 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 anyone accused under a charge of violation of any of the municipal ordinance 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. 37. Be it further enacted, That the mayor and city council of McRae shall have power and authority to organize one or more chain-gangs and to confine therein persons who have been sentenced by the police courts of said city 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. Chain gang. SEC. 38. Be it further enacted, That any person convicted before the police court may enter an appeal from the judgment of said court to the city council; provided, the appeal be entered in two days after the judgment complained of is pronounced, the city council shall hear and determine said case so appealed at its next regular term thereafter, and shall investigate the case de novo. Appeals from mayor's court. SEC. 39. Be it further enacted, That the police court shall have power and authority to preserve order during the session of its court, compel the attendance of its

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witnesses, and to punish for contempt by imprisonment not to exceed five days in the common jail or other places of confinement in said city, or by a fine not to exceed ten dollars; and it is further provided, that the city council shall have the 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. Powers of police court. SEC. 40. 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 three 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 Telfair 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 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. SEC. 41. Be it further enacted, That the mayor and city council shall have power and authority to prevent

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cattle, horses, mules, goats, hogs, dogs, or other animals from going at large in said city, and to take up and impound any such animal running at large in said city, and to pass and enforce all rules, regulations and ordinances which they may deem necessary and proper for the regulations, control and prevention of all such animals of said town running at large, and they shall have authority to have any dog running at large without a badge, killed. Live stock. SEC. 42. Be it further enacted, That all executions issued by the clerk of the council of the city of McRae shall be directed to the policemen and marshal of said city, 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 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 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 constable's, 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, 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

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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 city of McRae may bid off such property for the city, and the marshal or other officer making the same shall make the city of McRae 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 making the sale shall put the town in possession, and the mayor and city council shall have no right to divert or alienate the title of the city 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 city. 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 340th district, G. M., of Telfair county. In case of illegality of claim filed, the usual or necessary bond shall be given by the party filing or tendering said illegality or claim. The lien of tax execution in favor of the city of McRae shall have priority on property within the corporate limits of

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the city over all other executions and judgments, except those for State and county taxes. Collection of taxes, etc. SEC. 43. Be it enacted, That whenever a person is arrested under the provisions of authority of this Act or under the 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 city 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 city, 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. 44. A bond commission of the city of McRae 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

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of said city. 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 until his successor shall be elected and qualified. Said bond commissioner shall handle and control such funds that shall have been turned over to them from time to time to compose sinking fund for all bond indebtedness which now exists or which hereafter may exist, and for payments of interest which may become due on such bonds. Said mayor and aldermen shall provide for delivering and paying over to commission all taxes that may have been collected or all taxes which may hereafter 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 to be held by law as 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 same may fall due. Said commission shall have power to invest any of the money in their custody in valid State, county or municipal bonds; to dispose of the same and reinvest proceeds, and in their discretion to buy any of the bonds of said city of McRae before maturity thereof and pay premium therefor if necessary in their wise discretion. Said commission shall on the first day of January and July of each year submit to mayor and aldermen written statement under oath

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giving full and accurate account of all the money 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 statement shall be published in newspaper in which other statements of said city shall be published. Said commissioners shall give bond with good security to be approved by the mayor and aldermen. Said mayor and aldermen shall appropriate a sum necessary to defray expenses of said commission. Bond commission. SEC. 45. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1909. MILLEDGEVILLE, CITY OF, CHARTER AMENDED. No. 143. An Act to empower the mayor and aldermen of the city of Milledgeville to sell and convey portions of the streets, lanes, alleys and sidewalks of the city of Milledgeville, and to ratify such conveyances, 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 lawful for the mayor and aldermen of the city of Milledgeville to sell and convey any portion of the streets, lanes, alleys and sidewalks of said city whenever in the discretion of said mayor and aldermen such sale and conveyance shall be to the best interest of said city and its inhabitants. Milledgeville, city of, sale of streets etc.

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SEC. 2. Be it further enacted by the authority aforesaid, That all conveyances made under the authority of this Act pass to the purchaser thereof the estate in said street, lane, alley or sidewalk as said conveyance undertakes to convey, and shall pass the State's title therein to the purchaser. SEC. 3. Be it further enacted by the authority aforesaid, That all conveyances heretofore made by the mayor and aldermen of said city to any of the streets, lanes, alleys or sidewalks of said city are hereby ratified and confirmed, so far as the same undertakes to pass the State's title thereto. Prior sales. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 14, 1909. MILLWOOD, TOWN OF, CHARTER REPEALED. No. 141. An Act to repeal an Act entitled An Act to incorporate the town of Millwood, in the county of Ware, and for other purposes, approved August 24, 1905. 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 incorporate the town of Millwood, in the county of Ware, and to define its limits; to provide for a mayor and council and other officers of said town, and to prescribe their duties and powers; to provide against the sale of intoxicating liquors in said town; to provide for

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all matters of municipal concern and cognizance, and for other purposes, approved August 24th, 1905, be, and the same is, hereby repealed. Millwood, 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 14, 1909. MITCHELLS DISTRICT, TOWN OF, INCORPORATED. No. 269. An Act to incorporate the town of Mitchells District, in the county of Pulaski, State of Georgia; to define the corporate limits thereof; and to provide a municipal government for said town, and to confer certain powers and privileges on the same, and for other purposes; to define the corporate limits of said town, and further providing for the establishment of a system of local municipal schools in said town; and for their maintenance and operation; and for further providing for the assessment and collection of a local school tax in support of said schools; to provide for the selection of trustees and other officers thereof, defining their powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the town of Mitchells District in Pulaski county is hereby incorporated; the corporate limits of said town shall embrace the following territory to-wit: Starting at Dodge county line and the original land line between land lots 203 and 204 in the 20th land

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district of Pulaski county, Georgia, running southwest to lot 263; thence northwest to a point on the line between lots 265 and 246, midway the length of said line; thence southwest to a point at the center of the northeast line of lot 294; thence southwest to the Ocmulgee river; thence down said river to Dodge county line; thence following Dodge county line around back to starting point. Provided, that the southeast half, lots 234 and 247, in said 20th district, shall likewise be included in said corporation. Mitchell's District, town of, incorporated. SEC. 2. That the governing authority of said town shall be vested in the mayor and six aldermen, who shall be bona fide citizens, residents of the said town, for the full term of six months next preceding their election to office, and said municipal government shall be styled the town of Mitchells District, and by that name are hereby made a body corporate with all the powers, duties and privileges usual to municipal corporations. Mayor and aldermen. SEC. 3. That until an election for mayor and aldermen shall be held, J. J. Simmons shall be mayor, and D. T. Daniels, D. H. Holt, W. M. Black, J. B. Black, B. F. Lancaster and W. W. Connor shall be aldermen, and D. T. Daniels shall also act as clerk and treasurer of said town. SEC. 4. That there shall be established and maintained in said town a system of public schools, the management of which shall be vested in a board of trustees to consist of seven citizens, and that the board shall be composed of the following, until their successors are elected and qualified, to-wit: J. J. Simmons, D. T. Daniel, D. H. Holt, W. M. Black, J. B. Black, B. F. Lancaster and W. W. Connor, and that J. J. Simmons shall

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be president of said board, and D. T. Daniel secretary and treasurer. Public schools. SEC. 5. On the last Saturday in December, 1909, there shall be held an election by the qualified voters of said town for the election of seven trustees for said school, who shall hold their office until January 1st, 1912; and on the last Saturday in December of every odd year, an election shall be held for said school trustees. The trustees so elected shall elect one of their number president and one of their number secretary and treasurer, and no member shall receive compensation for his services, except the secretary and treasurer, whose compensation shall be fixed by the board. The secretary and treasurer shall give good and sufficient bond, to be judged of by the said board of trustees, conditioned for the faithful performance of his duties. School trustees. SEC. 6. That after the successors to the board shall have been elected on the last Saturday in December, 1909, the board of trustees so elected shall be ex-officio aldermen of said town, except that the president of the board of trustees shall be ex-officio mayor of said town, and the secretary and treasurer of the board shall be ex-officio clerk and treasurer of said town; the object of this provision being that after the first election held under this Act, it will not be necessary to elect mayor and aldermen eo nomini, but that the members and officers of the board of trustees for the time being, shall exercise the rights and duties of the mayor, aldermen and clerk and treasurer of said town. School trustees, ex-officio, aldermen. SEC. 7. Any vacancies on the board of trustees or of officers of said board shall be elected by the board to hold for the remainder of the unexpired term. Vacancies.

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SEC. 8. That the title of all school property, including land, buildings, school furniture, etc., now located within the corporate limits of said town, and now used by the county board of education of said county, shall vest in the governing bodies of the town by this Act, to be held by it for school purposes, and when ceased to be used by said town for school purposes, it shall revert to said county board of education. School property. SEC. 9. Said board of trustees shall have the power to provide for and collect an incidental fee for each pupil to be admitted to said school, and the payment of the incidental fee so fixed shall be a condition precedent to the right of any such pupil to enter such school. Admission fee of pupils. SEC. 10. Be it further enacted by the authority aforesaid, That the said board of trustees shall have power to design and adopt a system of public schools for said town; to elect a superintendent and employ teachers for the same; to suspend or remove superintendent or teachers; to fix their compensation; to provide school houses by renting, building, purchasing or otherwise; to make and hold titles to such property and to make such rules and regulations for government of themselves and said schools as they may deem proper, not in conflict with the laws of this State; and to do any and all things promotive to the best educational interests of said town not in conflict with the provisions of this Act or the laws of this State. Powers of trustees. SEC. 11. Be it further enacted by the authority aforesaid, That there shall be established and maintained for not less than five, nor more than ten calendar months in each year, under the provisions of this Act, one and only one school for white children, and one and only one

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school for colored children. No white child shall be admitted to the school established for colored children, and no colored child shall be admitted to the school established for white children. All children entitled to the benefits of the public schools under the laws of this State, and whose parents, guardians or natural protectors bona fide, reside within the corporate limits of the said town, shall be admitted into the aforesaid schools upon the payment of such fees only as the board of education may deem necessary; children of non-residents, and such others as may not be entitled to the benefit of these schools, shall be admitted upon such terms as may be prescribed by the board of trustees, not in conflict with the laws of the State. School terms. SEC. 12. Be it further enacted by the authority aforesaid, That it shall be the duty of the State school commissioner, and he is hereby required, to pay over to the treasurer of the said board of trustees the portion of the school fund of said county and State to which the schools established under this Act for said town may be entitled. Pro rata part of State school fund. SEC. 13. Be it further enacted by the authority aforesaid, That as early as practicable after the ratification of this Act, and in each subsequent year, at some date before the time of fixing the rate of taxation, the board of trustees shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said schools for the scholastic year; and said board shall, through their officers, be required to levy and collect same; except taxes on property of those corporations now required by law to return their taxes for the comptroller-general; provided, the same shall not

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exceed one-fourth of one per centum of the taxable property of said town. School tax. SEC. 14. The secretary and treasurer of the board of trustees of the said Mitchells district public schools shall assess the valuation of all the property within the said district for taxation, except as herein provided; but prior to making such assessments he shall transcribe from the books of the tax receiver of the county a list of all property in said town, together with the valuation placed thereon by the owner, and for this purpose he shall have free access to the books of the tax receiver of said county, and secretary and treasurer shall also have access to all municipal tax books in said town for the purpose of gathering information relative to the value of the property therein. Said secretary and treasurer shall have power and authority to compel any citizen of said school district to testify under oath as to the value of any property in said district. And should any citizen refuse to testify, he shall be punished as provided for in similar cases before the justice of the peace. In the event said secretary and treasurer shall assess any property in said district at higher valuation than is placed thereon by the owner of said property in returning same to the State and county for the purpose of taxation, then he shall notify such owner in writing of the amount he has raised the valuation of such property, and should any taxpayer be dissatisfied with the valuation placed on his property by said secretary and treasurer, such taxpayer may select a disinterested arbitrator to represent him, and notify said secretary and treasurer, who shall likewise select a disinterested arbitrator, and the two arbitrators thus selected shall select an umpire, and the arbitrators and

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umpire thus selected shall proceed within five days, and at the time when said secretary and treasurer and taxpayer shall have given notice, to hear such evidence as may be produced before them, and finally determine the valuation of such property for the purpose of taxation for school purposes as herein provided. Tax assessor. SEC. 15. Be it further enacted by the authority aforesaid, That the said secretary and treasurer of the said board of trustees shall have the power and authority to list and assess all property within said town and collect the taxes thereon, except the property of such corporations as are now required by law to make return to the comptroller-general, whether the same was returned by the owner thereof to the State and county tax receiver or not; and should such owner be dissatisfied with the valuation placed thereon by the said secretary and treasurer, the same shall be arbitrated as provided in the preceding Section; the purpose of this Act being to tax all property within the corporate limits. Assessments for taxation. SEC. 16. Be it further enacted by the authority aforesaid, That the taxes herein provided for shall become due and payable at the same time as State and county taxes are due and payable, and said secretary and treasurer of said board of trustees shall keep open his tax books for the purpose of allowing tax payers to pay their taxes until the twentieth day of December of each year, when the said books shall be closed and the secretary and treasurer of the board of trustees shall issue an execution against all delinquent taxpayers in said district. Such executions shall be addressed: To all and singular the sheriffs and constables and special bailiffs of said State, and shall bear the official signature of

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said secretary and treasurer, and shall be levied on the property of delinquent taxpayers and sold in the same manner as State and county fi. fas. are levied; if said executions are levied on personal property, said property shall be advertised for ten days by putting up three notices at three public places in said town of Mitchells District and then sold to the highest bidder, before the school house door established for white children in said town. If levied upon real estate, it shall be turned over to the sheriff of said county and advertised and sold by him at the court house door at the county site under the same law that governs sale of real estate in collecting State and county taxes, and the secretary and treasurer of said board of trustees is hereby vested with the same power and authority to appoint special bailiffs and constables or other officers under the same rules and regulations for the purpose of levying and collecting said tax fi. fas. as is vested in the several tax collectors of this State, and such officers shall receive like compensation. Said tax fi. fas. shall be a superior lien upon the property of delinquent taxpayers, except liens for State and county tax. Collection of taxes. SEC. 17. Be it further enacted by the authority aforesaid, That if the owner of any unreturned property in said district be unknown to the secretary and treasurer of the board of trustees, said secretary and treasurer shall assess the valuation of such property and shall issue execution against the same as unknown property, which execution shall be levied and collected as hereinbefore provided. Tax on unknown property. SEC. 18. Be it enacted by the authority aforesaid, That said tax, when collected, shall be turned over to the secretary and treasurer of said board of trustees,

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together with all other moneys intended for school purposes in said district arising from any source whatever, which shall constitute a fund to be expended only by the order of the board of trustees in defraying the expenses in conducting the said schools. School fund. SEC. 19. Be it further enacted by the authority aforesaid, That the board of education of Pulaski county shall not establish any other school, grant any license to or contract with any person to teach a school of any character in said town, nor shall any of the State school fund be paid to any school in said town other than the schools herein provided for. County schools. SEC. 20. Be it further enacted by the authority aforesaid, That in case of any school property acquired by said board of trustees under the provisions of this Act or otherwise, be sold, the fund derived from such sales shall be re-invested in other property to be used for school purposes. Sale of school property. SEC. 21. Be it further enacted by the authority aforesaid, That the said trustees shall have power and authority once every five years to have a census made of the children of school age residing in said district, which shall be the basis of settlement with the State school commissioner. School census. SEC. 22. Be it further enacted by the authority aforesaid, That immediately after the passage of this Act it shall be the duty of the justice of the peace, notary public, or any freeholder of said district to post a notice in three places in the said district, that on a certain day after five days after posting of said notice, an election will be held in the said district for the purpose of ratifying or refusing to ratify this Act, and any three freeholders

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of said town are hereby vested with the authority to hold said election; that at said election all persons who are residents of said town, including the proposed extended territory herein provided for, to vote for members of the General Assembly, shall be qualified to vote. They shall have written or printed on their ballots, For ratification, or Against ratification, and if at said election this Act shall be ratified or approved by two-thirds majority of the persons voting at said election, then this Act shall become immediately operative, and the holders of the election are authorized to declare the result; if against ratification the board of trustees herein named shall order other elections in like manner every six months until this Act is ratified. Ratification of this Act. SEC. 23. Be it further enacted by the authority aforesaid, That when said election is held, the managers of said election shall seal all ballots and other papers kept in connection with said election and turn them over to the Ordinary of the said county, who shall hold such returns for the term of ten days, in which time any resident of the territory affected may file a contest as now provided by law, and such contest shall be heard and determined by the Ordinary, as other contests are now heard and determined by him, and his decision shall be final. Contested election. SEC. 24. Be it further enacted by the authority aforesaid, That immediately after the ratification of this Act as provided for, all officials of said town shall take the following oath: I,.........., do swear that I will faithfully discharge the duties required of me by the terms of the Act providing for a system of public schools in Mitchells District, Georgia. Official oath.

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SEC. 25. Be it further enacted by the authority aforesaid, That immediately after the trustees shall have fixed the amount of taxes as in this Act provided, the secretary and treasurer shall certify the same to the comptroller-general; it shall be the duty of the comptroller-general annually to remit to the secretary and treasurer of the board of trustees that part of the taxes of the railroads and other corporations required by law, which are due to said secretary and treasurer as school taxes, under this Act to be taxed by the comptroller-general; it shall be the duty of the comptroller-general annually to remit to the secretary the secretary and treasurer of the board of trustees, the taxes due by said corporations as a special school tax under this Act. Railroad taxes. SEC. 26. Be it further enacted, That nothing in this Act shall be construed to take away from the county authorities of Pulaski county their jurisdiction over the public roads and bridges in said incorporated territory, but that said county authorities shall continue to exercise jurisdiction thereover, and to work and repair the same, as they do in other parts of the county. Jurisdiction of county. SEC. 27. 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 16th, 1909.

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MONROE, CITY OF, CHARTER AMENDED. No. 60. An Act to amend an Act, approved December 3rd, 1896, establishing a charter for the city of Monroe, in Walton county, and the Acts amendatory thereof, so as to provide for the creation of a bond commission for said city; to prescribe the qualifications, manner of election, terms of office, compensation, duties and powers of the members of such commission; to provide for disposition of the sinking funds raised by taxation for the purpose of discharging the bonded indebtedness of said city; to make any violation of this Act a misdemeanor and provide a penalty therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the Act approved December 3rd, 1896, establishing a charter for the city of Monroe, in Walton county, and the Acts amendatory thereof, be, and the same are, hereby amended by adding thereto the following provisions, to-wit: A bond commission for said city of Monroe is hereby created, to be composed of three citizens of said city, who shall be freeholders, and discreet and conservative business men, and who shall have no other connection with the municipal government of said city. Said commissioners shall be elected by the mayor and council of said city at their first regular meeting after the passage of this Act, one commissioner being elected for one year, one for two years and one for three years and at the last regular meeting of said mayor and council preceding the expiration of the terms of said commissioners, their successors shall be elected for

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a term of three years; and the commissioners first elected and those succeeding them shall serve until their successors shall be elected and have qualified. The compensation of such commissioners shall be fixed by the mayor and council, but shall not exceed two dollars per day to each commissioner for actual service. It shall be the duty of such commissioners, or a majority of them, and they are hereby so empowered, to dispose of the sinking funds heretofore or hereafter raised by taxation for the purpose of discharging any present or any future bonded indebtedness of said city and they may, in their discretion, make any one or more of the following dispositions of such funds providing always for a sufficient amount of such funds in cash to discharge such indebtedness immediately upon the maturity of the bonds of said city, to-wit: Monroe, city of; Bond commission. 1. They may purchase any of the bonds of said city before their maturity and cancel the same; provided, such bonds can be obtained at not exceeding their par value with accrued interest thereon to the date of purchase. Powers of commission. 2. They may invest all or any of such funds in any valid State, county or municipal bonds, including bonds of said city, the last named of which bonds may at any time be cancelled, if deemed advisable, and may sell any of the described bonds and re-invest the proceeds in the same kind of bonds. 3. They may loan all or any of such funds at an annual interest of not less than 6 per cent.; provided, such loans shall be amply secured by valid State, county or municipal bonds.

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It shall be incumbent on the mayor and council of said city to cause to be paid over, without delay, to such commissioners, the sinking funds heretofore raised by taxation in said city as well as all the taxes hereafter levied and collected for the purpose of paying off the bonded indebtedness of said city and such funds shall be kept separate from other funds of said city, and shall not be disposed of in any other manner than is herein provided. And it shall be incumbent on such commissioners to make prompt disposition of such funds and to see to it that the same are not allowed to be idle and unprofitable to said city; and said commissioners on the first day of January and July of each year shall submit to the mayor and council a written statement under oath, giving a full and accurate account of all the moneys collected and disbursed, the dates of maturity and amounts of all outstanding bonds of said city and all other facts that will illustrate the matter over which said commissioners have jurisdiction; and such statements shall be spread on the minutes kept by the mayor and council. Said commissioners, before entering upon the discharge of their duties as such shall take and subscribe an oath to well and faithfully perform such duties according to law. Sinking fund. SEC. 2. Be it further enacted by the authority aforesaid, That any violation of this Act shall be a misdemeanor, for which the offender on conviction thereof shall be punished as prescribed in Section 1039 of Volume 3 of the Code of Georgia of 1895. Penalties. 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 10th, 1909.

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MOULTRIE, CITY OF, CHARTER AMENDED. No. 97. An Act to amend the school laws of the city of Moultrie, Georgia, to levy and collect an advalorem tax, in their discretion, of one-half of one per cent. and to empower said board of school commissioners to fix an admission fee for pupils entering said school, who do not reside inside the city limits of the said city of Moultrie, and to empower said school board to collect tuition from those entering said school, who do not reside in said city of Moultrie, Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That Section 2 of the Acts of the General Assembly of 1899, Acts of 1899, pages 456, 457 and 458 be amended in the fifteenth line of said Section 2 by striking therefrom the words one-fifth, appearing in the fifteenth line of said section, on page 457, and inserting in lieu thereof the words one-half, the said words one-fifth now occurring immediately after the word exceed in said fifteenth line and following immediately after the word of in said fifteenth line, and by striking from said Section 2 the first, second, third, fourth, fifth, six and seventh lines of said section relating to the setting apart of one-half of the proceeds arising from the sale of spirituous liquors in said city, so that said Section 2 when so amended shall read as follows: Moultrie, city of; SEC. 2. Be it enacted by the General Assembly of the Stat eof Georgia, and it is hereby enacted by authority of the same, that all the proceeds that arise from the grant of licenses to circuses or other shows traveling

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through the country and exhibiting under tents and otherwise within the said city of Moultrie shall be immediately paid over to the treasurer of the board of city school commissioners for the said city of Moultrie. In case of necessity the said mayor and aldermen, upon a recommendation of two-thirds vote of all members of said board of commissioners hereinafter provided for, shall proceed to levy and collect annually, in addition to that now authorized by law, an advalorem tax, not to exceed one-half of one per cent. on all the taxable property of said city, for the purpose of establishing and maintaining the public schools of said city; provided, that the money so collected shall be used only for the purposes herein set forth. And the said mayor and aldermen shall pay over said money so collected, and as soon as collected, to the treasurer of the city school commissioners of Moultrie, Ga. School fund. SEC. 3. Be it further enacted by the authority aforesaid, That a new paragraph to be known as paragraph eight and to follow the seventh paragraph of said amended Acts of 1899 and approved December 8th, 1899 Acts of 1899, page 458 be added as follows: Section 8. SEC. 4. Be it further enacted, That said board of school commissioners shall have the right to fix an entrance fee for the entrance of all children into said school, who reside outside of the city of Moultrie, and shall also in their discretion have the right to fix the amount of tuition to be paid by all pupils entering said school, who reside outside of the said city of Moultrie, Ga. Entrance fee of non-resident pupils.

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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 11th, 1909. NEWNAN, CITY OF, CHARTER AMENDED. No. 35. An Act to amend an Act to create a new charter for the city of Newnan, in the county of Coweta, approved December 8th, 1893, by extending the limits of said city as now defined so as to take in new territory, so that the limits of said city, as extended, will extend to a radius of one mile in every direction from the center of the court house 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 authority of the same, That from and after the passage of this Act, Section 3 of said Act, approved December 8th, 1893, be amended by striking all of said Section except also the northeast quarter of lot of land No. 22 in the original second district of Coweta county and upon which is located the waterworks plant of said city, said tract containing fifty acres, also the road thirty feet wide leading from said city to said waterworks plant, and substituting in lieu of the portion of said Section hereby stricken the following: That the corporate limits of the city of Newnan shall extend one (1) mile in every direction from the center of the court house in said city, and shall cover and embrace

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the following other territory described as follows: `Fifty-two and one-half acres of land out of the northwest corner of lot No. 23 in the fifth district of Coweta county, and all of land lot No. 42 in the second land district of Coweta county containing 202 acres on which said tracts are located the waterworks plant of the said city;' so that the said Section three as amended shall read as follows: `Be it further enacted, That the corporate limits of said city of Newnan shall extend one mile in every direction from the center of the court house in said city, and shall cover and embrace the following other territory described as follows: `The northeast quarter of lot of land No. 22 in the original second district of said county of Coweta, and upon which is located the waterworks plant of said city, said tract containing fifty acres, also the road thirty feet wide leading from said city to said waterworks plant, also fifty-two and one-half acres of land out of the northwest corner of lot No. 23 in the fifth district of Coweta county, and all of land lot No. 42 in the second land district of Coweta county containing 202 acres, more or less, upon which said tracts are located the waterworks plant of said city.' Newnan, city of; 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 9, 1909.

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OAKLAND CITY, CHARTER OF, REPEALED. No. 84. An Act to repeal an Act entitled, An Act to incorporate the town of Oakland city in the county of Fulton; to define the corporate limits thereof; to provide a municipal government for said town; to furnish certain powers and privileges for the same, and for other purposes, enacted by the General Assembly of the State of Georgia and approved December 12, 1894, and all Acts amendatory thereof or substitutes therefor, and provided that this repeal shall go into effect December 31, 1909, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act to incorporate the town of Oakland City in the county of Fulton, to define the corporate limits thereof; to provide a municipal government for said town; to furnish certain powers and privileges for the same, and for other purposes, approved December 12, 1894, and all Acts amendatory thereof or substitutes therefor be, and the same are, hereby repealed; provided, however, that this repeal shall go into effect December 31, 1909, and prior to said time, all existing laws governing Oakland City shall continue of force, but cease on and after that date. Oakland City, town of; charter repealed. SEC. 2. Be it further amended, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1909.

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OCILLA, CITY OF, LIMITS EXTENDED. No. 248. An Act to amend an Act incorporating the city of Ocilla in Irwin county, Georgia, approved December 18th, 1902, and as amended by an Act, approved August 23d, 1905, and as further amended by an Act, approved August 22d, 1907, to provide for extending the corporate limits of said city of Ocilla, Georgia, to provide for reducing the limits and boundaries of 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 from and after the passage of this Act, the charter of the city of Ocilla, Georgia, approved December 18th, 1902, and as amended by an Act approved on August 23d, 1905, and the further Act, amendatory thereof, approved August 22d, 1907, be, and the same is, hereby amended as follows: By striking all of Section 1 of said amendatory Act, approved August 22d, 1907, that appears in said Section of said amendatory Acts approved August 22d, 1907, after the word `thence' in the sixty-first line of said Section 1 of said amendatory Act and insert in lieu thereof the following words, to-wit: `Running due east to the east side of College street, thence running due south a distance of 2248 feet, thence east to the original land line, dividing original land lots, numbers five (5) and six (6) in the fifth (5th) land district of said county of Irwin, intersecting said line at a point 798 feet from the northeast corner of lot of land number forty-two (42) and from thence south to said corner

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of said lot of land number forty-two (42), the starting point. Ocilla, city of; 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 16, 1909. PALMETTO, TOWN OF, CHARTER AMENDED. No. 17. An Act to authorize the town of Palmetto in the counties of Campbell and Coweta, to establish and maintain a system of public schools; to provide for the management, regulation and control thereof; to provide for raising revenue to support the same, and for other purposes. SECTION 1. The mayor and council of the town of Palmetto in the counties of Campbell and Coweta, said mayor and council being the corporate authority thereof, having recommended that the same be done, Be it therefore enacted by the General Assembly of Georgia, That from and after the passage of this Act, there may be established in the town of Palmetto in the counties of Campbell and Coweta in this State, a system of public schools to be established, conducted, maintained, regulated, supported and provided for in the manner prescribed in this Act. Palmetto, town of; Public schools. SEC. 2. Be it further enacted, That the following named persons, to-wit: R. M. Holley, T. E. Culbreth and Hal L. Johnson, who shall hold for three years, and until their successors are elected and qualified; A. N.

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Brittain, H. T. Daniel and F. R. Smith, who shall hold for two years and until their successors are elected and qualified; R. C. Bacheller, B. S. Roan and W. C. Smith, who shall hold for one year and until their successors are elected and qualified, shall be and constitute the board of education of the town of Palmetto with the right in them and their successors to take and hold in trust for the town of Palmetto any grant or division of lands or personal property, or any donation or bequest of money, or other personal property made to it or to said town of Palmetto for educational purposes. Vacancies in the board of education caused by the expiration of terms, resignation, deaths, removal from the town of Palmetto, refusal to serve or in any other manner shall be filled by election by the mayor and council of the town of Palmetto whenever said vacancy shall occur. Persons elected to fill vacancies caused by the expiration of terms shall hold for three years and until their successors are elected and qualified, and persons elected to fill vacancies existing from any other cause shall hold for the balance of the unexpired term and until their successors are elected and qualified. Board of education. SEC. 3. Be it further enacted, That the said board of education shall elect annually a superintendent and teachers for the public schools of said town of Palmetto and prescribe their duties; shall adopt such rules and regulations as they may deem necessary for the successful conduct and operation of said schools; may adopt and choose the text books and other books to be used by the pupils in said schools; shall have general oversight and management of said schools, and shall do such other acts, not inconsistent with the laws of this State, as they may deem proper to promote the

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success and efficiency of the system of education under their charge. Powers of board. SEC. 4. Be it further enacted, That said board of education shall organize at once after the approval of this Act by the voters of said town of Palmetto, as hereinafter provided by electing from their own number a president, a vice-president and a secretary and treasurer. The secretary and treasurer shall keep a correct record of all the Acts of said board and keep said record open to the inspection of all the citizens of said town. He shall give bond with good security for the safe keeping and proper disbursement of all the funds placed in his charge, the amount of said bond and the sufficiency of the security to be judged of by said board of education. Said bond shall be payable to the town of Palmetto, and said town of Palmetto is authorized to sue thereon for the recovery for any breach thereof. It shall not be lawful for the said secretary and treasurer to pay out any funds except upon the order of the board. A majority of said board shall constitute a quorum for the transaction of business. Organization of board. SEC. 5. Be it further enacted, That the board of education herein provided for shall establish such grammar schools and such high schools as may be necessary for the education of the children attending said schools. These schools shall be free to all the children residing within the corporate limits of the town of Palmetto. Children of non residents may be admitted to said schools upon such terms as may be prescribed by said board of education. It shall be lawful for the county school commissioners of Campbell county and of Coweta county to make contracts with the board of education of

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the town of Palmetto for children of school age, who reside in said Campbell or Coweta counties outside the corporate limits of said town of Palmetto to enter and attend such public schools in said town of Palmetto, and to pay said board of education for such children of their respective counties out of that portion of the common school fund of the State belonging to their respective counties in like manner and under the same provisions as teachers in the common schools of their respective counties are paid. School system. SEC. 6. Be it further enacted, That provision shall be made under this Act for the education of all children both white and colored, but separate schools shall be provided for the white and colored races. Separate schools for white and colored children. SEC. 7. Be it further enacted, That the funds for the support of the system of schools herein provided for shall be raised as follows: 1st. That portion of the State school fund coming each year to said town shall be apportioned to and paid over to the secretary and treasurer of the board of education of said town of Palmetto by the county boards of education of Campbell and Coweta counties. 2d. The board of education herein provided for shall each year make an estimate of the amount necessary to be raised by taxation that year for the support of the public schools and place this estimate before the mayor and council of said town of Palmetto. And it shall be the duty of the mayor and council of said town of Palmetto in addition to the other taxes of said town, to levy such rate as will raise such sum and to collect the sum mentioned in the estimate of the board of education, and the net sum realized shall be paid over to the secretary and

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treasurer of said board for the establishment and support of the schools, and no portion of said sum shall be used for any other purpose. Provided, however, that said mayor and council shall not levy a school tax under this provision greater than four-tenths of one per cent. upon the taxable property in said town. School fund. SEC. 8. Be it further enacted, That said board of education shall have the right and power to purchase land for that purpose and to build such school houses thereon and maintain, repair and furnish and equip the same for school houses as they may deem necessary to maintain said schools, and to pay for the same out of any school funds in their hands; provided, that no such contract shall be made unless said board have available in their treasury sufficient funds to pay for the same before the contract is made. The title to all property acquired by them shall be made to the town of Palmetto. School buildings. SEC. 9. Be it further enacted, That the board of education herein provided for shall serve without compensation, but they may pay the secretary and treasurer of said board a salary not to exceed twenty-five dollars per annum. salaries. SEC. 10. Be it further enacted, That within ten days after the approval of this Act by the Governor the mayor and council shall call an election to be held within said town of Palmetto, within forty days from said call, upon the question of putting this Act into effect, and all persons resident in said town who are qualified to vote for mayor and councilmen for said town of Palmetto, and who shall have been registered as hereinafter provided, shall be entitled to vote at any

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election held under the provisions of this Act. All voters who favor the adoption of the provisions of this Act shall have written or printed on their ballots For Public Schools, and those opposed shall have written or printed on their ballots Against Public Schools, and in case two-thirds of the qualified voters in said town of Palmetto voting in said election shall vote For Public Schools then this Act shall be of full force and effect and shall be fully carried out. Notice of said election shall be given by the town clerk by posting a notice thereof in three public places in said town for fifteen days before said election. In case two-thirds of the qualified voters of said town voting in any election held under this Act do not vote For Public Schools in any such election, an election may be held in said town by order of the mayor and council of said town of Palmetto, under the regulations herein provided, as often as they may see proper until the provisions of this Act are adopted by a two-thirds vote for public schools; provided, that such election shall not be held oftener than once in each calendar year. The elections herein provided for shall be held in the same manner that elections for mayor and councilmen for said town are held, except that the managers shall not declare the result, but shall, when the polls of such election are closed count the ballots, make out the returns and return them with the ballots and other papers under their hands and seals to the mayor and council of said town of Palmetto who shall declare the result and certify to the same. Before declaring and certifying the result of said election, said mayor and council shall wait until 12 o'clock M. on the day after the election, and if no notice of contest is had by that time no contest shall be had. If

Page 1209

notice of contest is given as above allowed, the contest shall be heard by the mayor and council, who shall hear and determine the same and declare and certify the result as above provided. Ratification of this Act. SEC. 11. Be it further enacted, That so soon as an election is called under the provisions of this Act and a date fixed for the same, the mayor and council of said town shall appoint some fit and competent person as registrar. Said registrar shall be sworn by the mayor or some other judicial officer to faithfully and correctly discharge the duties of his office; is authorized to administer the oath required of persons applying for registration, and shall receive such compensation as may be fixed by the mayor and council of said town. Said registrar shall give notice by posting the same in three public places in said town and shall give such other notice as he may think proper, of the opening of the registration books of said town for the purpose of registering the qualified voters therein. All qualified voters in said town desiring to register shall appear before said registrar, take the oath required of voters and register their names in said book. Said registrar shall have written at head of the list in said book an oath which each person registering therein shall take, showing that he is a qualified voter in said town according to the provisions of this bill. Each person falsely swearing to said oath shall be guilty of, and upon conviction, shall be punished as for a misdemeanor. Said registration books shall be closed ten days before the election, and said registrar shall make two copies of the names registered therein, certify them to be correct, and post them in two public places in said town for five days. It shall be lawful for any tax payer in said town

Page 1210

to contest the legality of the registration of any voter on said list by filing notice thereof, with the grounds thereof, with the town clerk and not less than six days before the election. The mayor and council shall proceed in a summary way, after giving due notice to person whose registration is contested, to hear said contest, and shall have the right and power to strike the name of such person from the registration list if they find such person to be illegally registered. If any person shall claim to have been illegally refused registration, by the registrar, he shall have the right, within ten days before the election, to file a protest with city clerk and the same shall be heard by the mayor and council in the manner above set forth, and they shall have the right to add such name to the list if they think such person legally entitled to register. The decision of the mayor and council in such matters shall be final. Said registration shall be conclusive as to who are the qualified voters of said town of Palmetto and entitled to vote at any election held under the provisions of this bill. Said list of registered voters shall be furnished to the managers of the election to be held, and they shall not permit any person to vote in said election whose name does not appear on said list. Registrar. SEC. 12. Be it further enacted, That any person who shall vote at any such election, not authorized to vote therein, or who shall vote therein in violation of the provisions of this Act, shall be guilty of, and upon conviction, shall be punished for a misdemeanor. Illegal voting. 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 4, 1909.

Page 1211

PALMETTO, TOWN OF, CHARTER AMENDED. No. 16. An Act To further amend the charter of the town of Palmetto in the counties of Campbell and Coweta, by providing that the marshals, and other ministerial officers of said town of Palmetto shall be elected by the mayor and council thereof; to provide for their suspension and removal from office in certain instances; to repeal all conflicting laws, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the charter of the town of Palmetto in the counties of Campbell and Coweta, as published in Acts of 1903, and approved August 17, 1903, be, and the same is, hereby amended to the following extent; the Act to amend the charter of the town of Palmetto in Campbell county by providing that the marshal of said town shall be elected by the qualified voters of said town instead of the mayor and council thereof, published in the Acts of 1904 on page 552 be, and the same is, hereby repealed. Palmetto, town of. Election of marshal. SEC. 2. Be it further enacted, That the marshals of said town of Palmetto, and the other ministerial officers of said town of Palmetto, shall be elected by the mayor and council of said town of Palmetto as provided in Section 14 of the Act creating a new charter for said town of Palmetto as published in Acts of 1903, beginning on page 645, approved August 17, 1903, as amended by the Act amending said charter published in Acts of 1904 beginning on page 550, approved August 13, 1904. Election of town officers.

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SEC. 3. Be it further enacted, That the mayor of said town of Palmetto shall have the power, when he thinks the marshal or other ministerial officer of said town guilty of any misconduct or any neglect of duty, to suspend such marshal or other ministerial officer and report his action to the next meeting of the mayor and council with his reasons for such action. The said mayor and council shall give said suspended officer notice of the time and place when they will pass upon the actions of said mayor and give said suspended officer an opportunity to be heard; said mayor and council, after hearing said matter may remove said officer from office or restore him to duty as they think proper. The mayor may appoint some other person to perform the duties of said suspended officer during said suspension. Removal of officers. SEC. 4. Be it further enacted, This Act shall not have the effect to remove the present marshal or other ministerial officers of said town before the expiration of the terms for which they are elected, unless it shall be done in the manner prescribed in the preceding Section. Present officers. 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 4, 1909.

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PATTEN, TOWN OF, CORPORATE LIMITS DIMINISHED. No. 43. An Act to amend An Act to incorporate the town of Patten in Thomas county, Georgia; provide a government for the same, and for other purposes, approved August 13th, 1907, so as to diminish town limits, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That after the passage of this Act, the above recited Act be amended by striking the word half in Section two and inserting in lieu thereof the word fourth. Patten, town of; corporate limits. SEC. 2. Be it further enacted by authority aforesaid, That all conflicting laws are hereby repealed. Approved August 9, 1909. PIEDMONT, TOWN OF, CHARTER REPEALED. No. 69. An Act to repeal an Act incorporating the town of Piedmont in the county of Pike, approved October the 14th, 1891. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act incorporating the town of Piedmont in the county of Pike, approved October 14th, 1891, be, and the same is, hereby repealed. Piedmont, town of; charter repealed. SEC. 2. Be it further enacted, That all laws and parts of laws be, and the same are, hereby repealed. Approved August 11, 1909.

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PEPPERTON, TOWN OF, CHARTER AMENDED. No. 75. An Act to amend an Act approved November 22d, 1900, and the Act approved August 20th, 1906, amendatory thereof, incorporating the town of Pepperton in the county of Butts, State of Georgia, so as to change and define the limits of said town of Pepperton, 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 of November 22d, 1900, and the Act amendatory thereof, approved August 20th, 1906, defining the limits of said town of Pepperton, be, and the same are, hereby amended, so that as amended said limits shall be defined as follows: Beginning at the northeast corner of Pepperton cemetery at an iron stake and running west four chains and ten links, thence south four and one-half chains and thirty-two links, thence west four chains, thence north two chains and twenty links, thence west twenty and one-half chains and thirty-four links, thence north three chains and forty-two links, thence west three chains and seventeen links, thence north seven chains, thence west seven and one-half chains and seventeen links, thence south along street which bounds property of Frank Z. Curry, west thence crossing Southern Railway tracks and following the present boundary line of Pepperton thirty-one chains, thence east thirty-eight chains and thence north twenty-four chains to beginning point. Pepperton, town of; corporate limits. 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 11, 1909.

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POULAN, CITY OF, CHARTER AMENDED. No. 187. An Act to amend an Act entitled An Act to incorporate the city of Poulan, 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 said Act be amended by striking all of Section 3 of said Act and substituting in lieu thereof the following: Be it further enacted, That the city of Poulan be one mile square with the public well in or near the centre of said city to be as nearly as possible the centre of said corporate limits, and that said corporate limits are to be in a square instead of round as heretofore. That the lines of incorporation shall immediately, after the passage of this Act, be marked out and a sign post be put at each of the four corners of the corporate limits. Poulan, city of; 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, 1909. RAYS MILL, CITY OF, INCORPORATED. No. 270. An Act to incorporate the city of Ray's Mill, in the county of Berrien; to grant certain powers and privileges to said city, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the State of Georgia, That the city of Ray's Mill, in the county of Berrien, be, and the same is, hereby

Page 1216

incorporated as a city under the name of the city of Ray's Mill. Rays Mill, city of, incorporated. SEC. 2. That the municipal government of said city shall be vested in a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the city of Ray's Mill, and by that name and style shall have perpetual succession; shall be capable to purchase, receive and hold any estate or estates of whatsoever kind or nature, within or without the corporate limits of said city, for the use of such city; shall be capable to sue and be sued, and shall have such other rights and privileges as may be herein or hereafter granted to them. And from the passage of this Act, until their successors are duly elected and qualified, as provided herein, R. D. Swindle, shall be mayor, and J. H. P. Johnson, Guy S. Selman, L. D. Carter, J. S. Swindle, C. X. Jones and W. W. Fender shall be aldermen of and for said city of Ray's Mill. SEC. 3. That the corporate limits of said city shall extend as follows: The junction of Main street and Bishop avenue shall be the center of said city, and the limits thereof shall extend one-half mile in every direction from said junction. Corporate limits. SEC. 4. That on the first Tuesday in January, 1910, there shall be an election for a mayor and six aldermen in and for the said city, three of said aldermen to be elected for a term of one year, and said mayor and three of said aldermen to be elected for a term of two years. Annually, thereafter, on the first Tuesday in January, there shall be an election held for three aldermen, or for a mayor and three aldermen, as the case may be. With the exception herein provided of those

Page 1217

named in this charter as the pro tempore mayor and aldermen of said city, and those elected in 1910, the officers shall hold office for the term of two years, and until their successors are duly elected and qualified. Election of mayor and aldermen. SEC. 5. That all elections for mayor and aldermen of said city shall be held at the place where the said mayor and council shall generally hold their meetings, and the polls shall be kept open between the hours of 10 A. M. and 3 P. M. Said election shall be held by three persons, resident in said city, who may be duly appointed in writing by the mayor of said city; said superintendents to take oath for the due performance of their duties as such; to have powers incident to superintendents of elections; to administer oaths to voters as to their qualifications to vote. They shall keep a numbered list of those voting and shall place on each ballot a number corresponding to that opposite the voter's name. At the close of such election they shall count the ballots, keeping two tally sheets of same, shall duly declare the result of the election and shall issue certificates of election under their official signature to the persons receiving the highest number of votes polled. They shall then place in a sealed package all ballots, together with the list of those voting and one tally sheet, which list and tally sheet shall be duly certified by said superintendents to be correct; they shall deposit such sealed package and also the remaining tally sheet, duly certified, with the clerk and treasurer of said city, to be by him safely kept. Said sealed package shall not be opened except in case of contest, but shall, at the expiration of two months (in case there is no contest) be by him destroyed without examination. Said superintendents of election shall be paid as

Page 1218

compensation for holding said election one dollar each, by the clerk and treasurer of said city upon the certificate of the mayor as to their service, until the municipal authorities shall otherwise regulate the compensation for holding such elections. The persons elected at the election provided for in 1910, or at the election held annually thereafter, shall, on or before the second Tuesday in January after their election, qualify by taking an oath before an officer authorized by law to administer oaths to well and truly perform the duties of the office to which they have been elected, which said oaths shall be entered upon the minutes of the acts and doings of the said mayor and aldermen. No person shall be qualified to hold the office of mayor or aldermen who is not qualified to vote at the election. How held. SEC. 6 That in the event the office of mayor or of any one or more of the board of aldermen shall become vacant by death, resignation, removal or otherwise, the same shall be filled until the next annual election by a person or persons elected by ballot of the board of aldermen at a regular meeting of said board, and such persons so elected shall hold their offices until their successors are duly elected and qualified. Vacancies. SEC. 7. That all persons qualified to vote for members of the General Assembly, and who shall have paid all taxes imposed and demanded by said city, and shall have resided within its corporate limits for six months prior to any election shall be qualified to vote at said election. Voters. SEC. 8. That the clerk and treasurer, or such other person as shall be designated by the board of aldermen, shall open a list for the registration of voters at least

Page 1219

thirty days prior to any municipal election held for any purpose in said city, which list shall be kept open each and every day (Sunday excepted) during such hours as shall be prescribed by said board, until four days (Sundays excepted) preceding the election, when it shall be finally and absolutely closed. During said time it shall be the duty of such registration officer, upon the application of any person, in person or in writing, who will be entitled to vote at said election, to register the name of such person, expressing in such registry his age, occupation or business, and the place of his residence. The registration officer may in any case require the applicant to appear before him and take the following oath, to-wit: You do solemnly swear that you are a citizen of the United States of America; that you will have resided in the State of Georgia one year immediately preceding this election, and within the incorporate limits of the city of Ray's Mill six months preceding the election; that it is your intention to remain a resident of said city continually until the day of election; that you are twenty-one years of age, or will be by the day of election; that you have paid all taxes due the city of Ray's Mill; that you have made all returns required by the ordinances of said city; and that you will be qualified to vote for members of the General Assembly by the day of the election; so help you God. That it shall be the duty of the registration officer to arrange the names registered in alphabetical order, and to post one copy of such list for two days at least, preceding each election, at some public place in said city. It shall be the duty of such officer to furnish the superintendents of election at the opening of the polls on the day of election a complete list, duly

Page 1220

certified, of all names, arranged in alphabetical order, which shall have been registered under the foregoing provisions. This list shall be kept before said superintendents during said election, and no person shall be entitled to vote who, in addition to the qualifications stated in the preceding Section, has not registered as herein provided. When the election is over, such list shall be deposited in the office of the clerk and treasurer, to be by him safely kept; provided, however, that none of the provisions of this Section relating to registration shall become operative until they shall have been adopted at a regular meeting of the board of aldermen of said town. In the event it shall be necessary to call a special election of officers, as prescribed in the preceding Section, only those persons shall be entitled to vote who were properly registered in time to vote at the regular election provided for therein. Registration of voters. SEC. 9. That any person not qualified to vote who shall vote or attempt to vote in any election in said city, or, in the event of the adoption of the provisions of Section 8 of this Act, any such person who shall register prior to said election, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in Section 1039 of the Penal Code. Voting illegally. SEC. 10. That four of the aldermen shall constitute a quorum of the board of aldermen. The mayor shall preside over the meetings of said board, and shall vote only in case of a tie, in which case he shall cast the deciding vote. He shall be the chief executive officer of the city; shall take care that the by-laws, orders, resolutions, rules, ordinances, regulations and acts of the board are faithfully executed; he shall have exofficio

Page 1221

the powers and duties of a justice of the peace within said city, except that he shall have no jurisdiction as such in civil cases; he shall have control of the marshal and his deputies and of all special officers appointed by said board for any purpose, and he shall appoint special police upon any special occasion when the exigencies of the case may require; he may cause the arrest and detention of all rioters and disorderly persons in said city before issuing his warrant therefor. Powers and duties of mayor. SEC. 11. That at the first regular meeting of the board of aldermen after the newly elected members have been duly qualified, said board shall elect one of their number as may pro tem., and he shall have all the powers and duties of the mayor, in the absence or disqualification of said mayor, as presiding officer of the board, as ex-officio justice of the peace, as chief executive officer of the city, and in the trial of offenses and the enforcement of fines or penalties for the violation of the ordinances of the city. The term of office for said mayor pro tem., as such, shall be for one year. Should said board fail to elect a mayor pro tem. at the time above indicated, then such election shall take place as early thereafter as practicable. In the absence or disqualification of both the mayor and the mayor pro tem., the board of aldermen shall select one of their number in their stead, and he shall have all the powers and duties of the mayor pro tem. during such absence or disqualification. Mayor pro tem. SEC. 12. That the board of aldermen shall elect a clerk and treasurer of said city, either from their own body or from the citizens of the city. Such officer shall be elected at the same time and in the same manner as

Page 1222

the mayor pro tem., and his term of office shall be for one year, and until his successor shall have been elected and qualified. He may be removed by the board for inefficiency, neglect of duty or other cause, in their discretion. He shall keep the minutes of the board of aldermen in well bound books, and shall preserve them and all other records entrusted to him; he shall receive tax returns; collect all municipal taxes, the collection of which is not otherwise provided for; issue all licenses and collect all license fees and other money due the said city, street tax excepted; shall receive all monies due said city; shall issue executions against all defaulters for taxes, said executions being directed to the marshal of said city and his deputies; he shall be the custodian of the funds of said city, and shall do and perform such other duties as may be imposed upon him by the board of aldermen. He shall have authority to appoint some fit and proper person as his deputy, to whom he may delegate all the powers conferred upon him, and for whose acts he and his bondsmen shall be liable as though done by himself. Such clerk and treasurer shall, when elected, enter into a bond with sufficient sureties, to be approved by the mayor, in such penalty as the board of aldermen may prescribe, payable to the mayor of the city of Ray's Mill, conditioned faithfully to collect and pay over and account for all taxes and other income of said city from whatsoever source derived; to perform the duties herein prescribed and such other duties as may be imposed upon him by the board. Clerk and treasurer. SEC. 13. That the board of aldermen shall elect a marshal of said city at the same time and in the same manner as the mayor pro tem. is elected, and his term of office shall be for one year, and until his successor is

Page 1223

elected and qualified. He may be required to give such bond, with sufficient sureties, to be approved by the mayor, as the board may prescribe. He may be removed from office by the board at any time for inefficiency, neglect of duty, or other cause, in their discretion. Said board may also appoint one or more deputy marshals to assist said marshal in the discharge of his duties, such deputies to hold office for such time and upon such terms as the board shall prescribe. Said marshal and his deputies shall arrest any persons violating any of the penal ordinances, by-laws, rules or regulations of said city, and place such person in the guard-house of said city, subject to trial by the mayor's court; shall have full power to arrest all persons violating any of the penal laws of this State and place such persons so arrested in said guard-house, subject to trial before the mayor's court or any committing officer of said State. They shall execute and enforce the ordinances, by-laws, rules and regulations of said city as may be directed therein; they shall levy and execute all processes issued from the mayor's court, and all executions for municipal taxes, and shall advertise for sale and sell all property levied upon thereunder, said advertisement being by posting notice thereof in three public places in the city of Ray's Mill twenty days before the date of such sale and the place of such sale being in front of the place where the mayor and aldermen shall generally hold their meetings; shall have charge of the working of the streets and of road hands and work gangs; and shall perform all other; duties imposed upon them by the board. The marshal shall collect all fines imposed by the mayor's court and all

Page 1224

street taxes, and perform all other such services as may be specially required of him by the board. Marshal. SEC. 14. That said marshal, his deputies and assistants shall have full power and authority to arrest for a violation of any of the ordinances, by-laws, rules and regulations of said city upon information and belief and without a warrant first being issued for the person who may be arrested. Arrests. SEC. 15. That the mayor and all other officers of said city shall receive such compensation as the board of aldermen may prescribe. Salaries. SEC. 16. That the mayor of said city, or, in his absence, or disqualification, the mayor pro tem., or in the absence or disqualification of both of these officers, any one of the aldermen elected as herein prescribed, shall hold a mayor's court for the trial of all persons charged with violating any of the ordinances, orders, by-laws, rules or regulations of the said city; and on conviction, shall punish such offenders by fine not to exceed one hundred dollars, or imprisonment in the guard-house of said city not to exceed thirty days, or by compelling them to work upon the public streets of said city for not more than thirty days; and any one or more of such punishments may be ordered in the discretion of the court, and the offender shall also be liable for the costs of the court. Said court shall have full power to punish by fine, imprisonment or work on the streets, persons guilty of contempt of said court; said fine is in no case to exceed twenty-five dollars, and said imprisonment or work not to exceed ten days. Said court shall have full power and authority to issue executions, directed to the marshal and his deputies, for the enforcement of any

Page 1225

and all fines imposed and for the collection of all costs; to provide for the enforcement of its sentences; to imprison in the guard-house of said city any and all persons who may be convicted of offenses under this Act or the ordinances and regulations passed in pursuance thereto where the penalty is imprisonment, and to imprison in said guard-house any and all persons guilty of such offenses where the penalty is a fine, until such fine and costs are paid or otherwise discharged according to law. The presiding officer of said court shall assess and fix the amount of bail of any and all persons brought before him for examination or trial, or arrested for the violation of any municipal ordinance, order, bylaw, rude or regulation; and where the offense charged is the violation of a municipal law the marshal shall take a bond in the amount so fixed, payable to the mayor of said city; said bond and its sureties to be approved by said presiding officer, or in lieu thereof, the marshal may take a cash deposit of said amount. Mayor's court. SEC. 17. That where executions are issued for municipal taxes, licenses, or other fees, the costs shall be the same as in the case of executions for State and county taxes; and the costs of the marshal shall be the same as the sheriff for all services performed by him in the collection of executions for State and county taxes; in all cases before the mayor's court the costs shall be the same as those prescribed by law in trials before a committing magistrate, unless otherwise prescribed by ordinance. SEC. 18. That the board of aldermen shall have power and authority to assess, levy and collect annual advalorem taxes upon all property, real and personal,

Page 1226

within the corporate limits of said city; to prescribe rules and regulations for the same, and penalties for non-compliance therewith; to fix the time for making tax returns and for paying taxes; notice of which time so fixed shall be given at least four weeks prior to the date so fixed by posting notice thereof in three public places in said city. Said tax shall not exceed one-half of one per cent. upon the value of said property for the ordinary current expenses of said city; not more than one-half of one per cent. for educational purposes; not more than one-half of one per cent. for street and bridge purposes; and not more than one-half of one per cent. for the payment of the principal and interest of the public debt. If an additional fund is required by said city for internal improvements not herein provided for, or if the amount realized by the levy of one-half of one per cent. shall be insufficient to defray the ordinary current expenses of said city, an additional tax may be levied for these purposes, when the same shall be authorized by a vote of two-thirds of the legal voters of said city, who are qualified to vote at an election held for that purpose. The municipal authorities shall cause separate accounts to be kept of all amounts collected and disbursed for each different purpose, and each amount shall be applied exclusively to the purpose for which it was collected. Ad valorem tax. SEC. 19. That the board of aldermen shall have power and authority to levy and collect taxes on all professions, franchises, trades, businesses, business occupations, theatrical exhibitions, shows or other performances, exhibited or performed within the town, on all peddlers, venders of medicines, itinerant traders, salesmen or soliciting agents, hotels, boarding houses, livery

Page 1227

stables and transfer or transportation companies, and on all bowling alleys, skating rinks, pool or billiard tables, and all other games kept or played within the corporate limits of said city, whatsoever the business, occupation, trade, profession, calling, practice, game or games may be, to grant licenses for the same, and to regulate them by ordinance, and to revoke said licenses at any time, without compensation or notice to the holder thereof, in case of any violation of the rules, orders, by-laws or regulations of said board in the discretion of said board; provided, that no authority shall vest in said board to grant any license, or to make any charge for license, upon any business, profession, occupation, trade, calling, practice, game or games where the same is prohibited by law duly made and enacted, and provided further, that it shall never be the right of said board to grant, or issue any license or permission for the sale of spirituous, vinous or malt liquors or intoxicating bitters or ciders within the limits of said city, nor to consent, in any way, to the sale of the same therein, and any person selling, or keeping for sale, or offering for sale, or soliciting orders for the sale thereof, or any one thereof, either in person or by matter, circular, or otherwise, shall be guilty of a misdemeanor and, upon conviction thereof, or therefor, in a court of competent jurisdiction shall be punished as prescribed in Section 1039 of the Penal Code. The time, place and manner of making tax returns, paying taxes and securing licenses shall be prescribed by the board of aldermen. The tax returns shall be made to the clerk and treasurer, and the taxes paid to him. All licenses granted by the board of aldermen shall be issued and signed by the clerk and treasurer, to whom the license

Page 1228

fee shall be paid. For the purpose of collecting all license fees and taxes, the manner of collecting which is not otherwise provided for in this charter, the clerk and treasurer, where such fees are not paid within the time fixed by the board of aldermen, shall issue executions against delinquents, directed to the marshal and his deputies, for such fees and taxes, and for costs; and it shall be the duty of the marshal to enforce the collection of the same by levy, advertisement and sale, as heretofore provided in Section XIII of this charter. The board of aldermen shall have power and authority to impose penalties by ordinance upon all persons who shall carry on any profession, trade, business, occupation, performance, or game without paying the tax or securing the license as may be prescribed. Specific taxes. SEC. 20. That said corporation shall have and enjoy all the rights, powers and privileges incident to such corporations, and not repugnant to the Constitution and laws of the United States or of this State. General powers. SEC. 21. That all special taxes or license fees provided for in this Act, and all other incomes of said city, from any source, except ad valorem taxes and street taxes, may be appropriated and applied to any purpose for which said city is, or may be at any time, empowered to levy taxes. Appropriations. SEC. 22. That the board of aldermen shall have power to compel persons liable to road duty by the laws of this State, who are residents of said city, to work on the streets of said city the same number of days that the laws of said State prescribe for road hands on the public roads of said county, or, in lieu of working thereon, to pay the marshal of said city an equivalent

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for said work in money, the amount to be prescribed by ordinance. Said hands shall be allowed to choose between working said streets under the direction of the marshal or paying the amount prescribed by ordinance, the hands to be warned or notified by the marshal at least three days previous to the day of working, which notice shall state such day, the number of days to work and the amount prescribed by ordinance to be paid in lieu of work; and if any hand who has been so notified shall fail to work said streets and has not, before the day of commencing said work, paid the equivalent in money, he shall be subject to such penalty as may be prescribed by the board of aldermen. All amounts so collected as street tax shall be applied by the board of aldermen to the working and improving of the streets of said city. Street tax. SEC. 23. That the board of aldermen shall have power and authority to establish quarantine regulations against all persons who have been exposed to smallpox, yellow fever, or any other contagious or infectious disease, or against any infected locality; to enforce and make effective such regulations; to establish a pest house or camp of detention, within or without said city, and to cause the removal thereto and detention therein of all persons afflicted with such diseases. Said board shall have power in its discretion to allow such persons to remain on premises provided by themselves, where such persons at their own expense provide suitable and sufficient guards to successfully quarantine such premises. Said board shall have power to require all persons within said city, whether resident or transient, to be vaccinated whenever, in the opinion of said board, the same shall be advisable. It

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shall have full power to enforce such regulations and to provide penalties for their violation. If the pesthouse or camp of detention is located beyond the corporate limits of said city, the city authorities shall have the same jurisdiction and powers over it, so long as it is used for these purposes, as if it were in the corporate limits. Said board of aldermen shall have power to appoint a board of health and such other health officers as may be necessary to carry out and enforce the above regulations, and all such other sanitary or health regulations as may be prescribed by the board of aldermen; the powers, duties and compensation of said officers to be prescribed by the board of aldermen. Quarantine. SEC. 24. That the board of aldermen shall have full power and authority to purchase, construct, own, maintain and operate, for the benefit of said city, a system of gasworks, waterworks, electric lights and power, and such bridges in and contiguous to said city as may, in the opinion of said board, be to the interest and advantage of said city; and to purchase and hold at such places as may be selected, within or beyond the corporate limits, all lands, water rights or other property, real or personal, which may be necessary or useful in the establishment or operation thereof; or to condemn the same under the provisions of Section 4657 et seq., of the Civil Code. Said board shall have full power to contract with all persons and corporations, including municipal corporations, for the use of water, gas or electric lights, or power, or bridges, within or beyond the corporate limits of the city; and to make all rules and regulations which may be necessary to fix the price of all water, gas or electricity so used, and to collect the same. For the price of all water, gas or electricity

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so used, the city shall have a lien upon the property upon which the same may be used, said lien to be of the same dignity as the tax liens of said city, and to be enforced in the same manner. Said city shall have police authority upon and around any and all property so used and occupied, including the mains, pipes and wires for gas, water or electricity. Any person maliciously injuring or interfering with said property shall be guilty of a misdemeanor, and shall be punished on conviction as prescribed in Section 1039 of the Penal Code. Light and water. SEC. 25. That upon the vote of two-thirds of the members of the board of aldermen at any regular meeting of said board, a system of public schools may be established and maintained in said city; provided, that said board shall by said vote enact as ordinances of said city rules and regulations for the government and operation of said system of public schools as may meet the requirements thereof and as are not in conflict with existing law. Public schools. SEC. 26. That should said system of public schools be established as herein provided and it should be found that the tax for school purposes herein provided is not sufficient to properly defray the expenses of such system of schools, such additional tax may be levied for that specific purpose as may be authorized by a vote of two-thirds of the legal voters of said city who are qualified to vote at an election held for that purpose. School tax. SEC. 27. That the board of aldermen shall have power and authority to establish and fix a system of grading and draining the streets of said city, and shall have power and authority to compel owners of property

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to construct and keep in repair the sidewalks in their front in accordance with said system. If any owner shall fail to comply with the requirements of the board in this regard, the work shall be done under the direction of said board or one of its officers, and executions shall issue for the expenses thereof and costs against such owner, to be collected as tax executions. The board shall have power and authority to establish and maintain a system of sanitary sewerage in said city and to compel all owners to connect therewith; and may purchase or condemn any property in or beyond the corporate limits of the city for such work. The expense of putting in sewer mains may be paid by said city, or may be assessed in just proportion by the board upon the owners of all lots, vacant or occupied, which are in a position to be benefited thereby; and said board shall have power to issue execution for such assessments and collect the same in the manner provided for issuing and collecting tax executions. Drainage and sewerage. SEC. 28. That the board of aldermen shall have power and authority to require all persons imprisoned or sentenced to work upon the streets for the violation of any of the ordinances, by-laws, resolutions, rules or regulations of said city, or for contempt of the mayor's court, to do such work in and about the waterworks, gas or electric plants, or bridges, as may be directed by the marshal under orders of the board; and for this purpose one or more work-gangs may be organized; provided, that such persons as are doing regular street work in said city shall not be required to work with said work-gangs. Chain-gang.

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SEC. 29. That the board of aldermen shall have power and authority in said city to lay off, vacate, open, close, alter, curb, pave and keep in good order and repair public parks, roads, streets, alleys, sidewalks, crosswalks, drains and gutters, 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, footways, crosswalks, drains and gutters to be curbed, paved and kept in good order, free and clean, by the owner and occupants thereof, or of the real property adjacent thereto; to grant easements and encroachments upon said streets; to establish and regulate markets and prescribe the time of holding same; to prevent injury and annoyance to the public or to individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, dogs and other animals and all fowls from going at large in said city; to protect places of divine worship in and about the places where held; to abate, or cause to be abated, anything which, in the opinion of a majority of the whole board, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide, in or near said city, places for the burial of the dead, to own cemeteries, and to regulate interments; to provide for the regular building of houses or other structures; to condemn such structures as are dangerous, and to require their removal; to establish fire limits and to regulate the material and manner of constructing buildings therein; to make regulations for guarding against danger or damage by fire; to organize, regulate and maintain a fire department for said city; to protect the property and persons of all citizens of city and to preserve peace and

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good order therein; to authorize the erection of waterworks, gasworks or electric plants in said city, the construction and operation of street car lines or telephone systems or other public utility; to grant franchises for the same on such terms as the board may deem best, or to construct, own, equip and operate the same for the city, shall such be deemed expedient; to prevent injury to or interference with such public utility; to prevent the pollution of the water of the city; to prevent any act or occupation which might injuriously affect the business or healthfulness of said city or any of its citizens; to regulate and provide for the weighing of coal and other articles sold or for sale in said city; to provide a revenue for the city and appropriate the same for its expenses; to provide for the annual assessment of the taxable property therein; to adopt rules for the regulation and government of its own body; and to enact all ordinances, by-laws, resolutions, rules and regulations for the purpose of carrying into effect the above named powers, and all other ordinances, by-laws, resolutions, rules and regulations that may be necessary or proper for the good order, peace, welfare, health, morals, interest, security or improvement of the town or of its citizens; and full authority to prescribe, impose and enact reasonable fines, imprisonments and penalties for their violation. Powers of alderman. SEC. 30. That from time to time the board of aldermen may, by two-thirds vote, create such officers, boards, commissions, trustees, or other body as it may deem expedient, wise, or necessary for the performance of any of the things provided for in this Act, the qualifications, duties, salaries and regulations of and for the said officers, boards, commissioners, trustees, or other bodies

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for the carrying out of the specific duty imposed upon them to be fixed by ordinance, or ordinances, passed by a two-thirds vote of the board of aldermen. Municipal officers, etc. SEC. 31. That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1909. ROCHELLE, CITY OF, NEW CHARTER FOR. No. 67. An Act to provide a new charter for the city of Rochelle; to provide for the election of a board of aldermen and a mayor for said city, and to confer upon said mayor and board of aldermen certain powers, to preserve to said city of Rochelle all rights, duties and privileges heretofore conferred upon said city not inconsistent with the provisions of this Act; to prohibit said mayor and board of aldermen from contracting with said city while in office as such, either directly or indirectly; to provide for said city a system of waterworks and electric lights, and to provide bonds for same; to provide additional bonds for said city's public school system; to provide for the State school commissioner to pay direct to the city treasurer the city's prorata share of the public school funds; to provide a school census for said public school system 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 municipality of the city of Rochelle is

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hereby incorporated as and declared to be one of the cities of this State. Rochelle, city of, reincorporated. SEC. 2. Be it further enacted, That the municipal government of the city of Rochelle shall be vested in a mayor and six aldermen who are hereby constituted a body corporate under the name and style of the city of Rochelle and by that name and style shall have perpetual succession, shall have and use a common seal, and be capable in law and equity to purchase, have and hold, receive and enjoy, possess and retain to them and their successors, for the use of the city of Rochelle, any estate or estates, real or personal, of whatever kind or nature, and shall, by the said name of the city of Rochelle be capable to sue and be sued, plead and be impleaded in any court of law or equity of this State and shall succeed to all the rights and liabilities of the present corporation of the city of Rochelle. Mayor and aldermen. SEC. 3. Be it further enacted, That the corporate limits of the city of Rochelle shall be three fourths of one mile in every direction from the center of the crossing of Ashley street and Third avenue, the said center of said crossing of the said Ashley street and Third avenue is hereby declared to be the center of the city of Rochelle, and the mayor and aldermen shall be, and they are, hereby empowered and authorized in their discretion to divide said city into four wards, and of the six aldermen elected in said city, one shall be elected from each ward and two from the city at large. Corporate limits. SEC. 4. Be it further enacted, That on the first Wednesday in December, 1909, and on the first Wednesday in each succeeding December thereafter, there shall be held an election for the purpose of electing a mayor and

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six aldermen for said city. The terms of office for said aldermen shall be for a period of two years, but at the first election to be held on the First Wednesday in December, 1909, three of the aldermen so elected shall serve for a period of two years and three for a period of one year, the three aldermen receiving the highest number of votes at said first election shall serve for a period of two years and the remaining three for a period of one year, and at each succeeding first Wednesday in December of each year there shall be held an election for the purpose of electing a mayor, who shall hold office for a period of one year, and three aldermen to succeed those whose terms of office shall have expired, but at no election after the first shall there be elected a full board of aldermen, unless in case of filling a vacancy, in which case the aldermen elected to fill such vacancy shall hold office only so long as the unexpired term shall last, so that three of the said six aldermen shall remain on said board of aldermen who shall have served during the preceding year. The mayor who shall hold office for a period of one year shall be elected at each general election on the first Wednesday in December, the mayor and aldermen in office under the present city government shall serve under this Act till their successors are elected and qualified, as provided above. The new mayor and aldermen shall be declared in office on the first day of January of each year. Election of mayor and aldermen. SEC. 5. Be it further enacted, That this Act shall not be construed as destroying and ending any of the powers hitherto conferred upon the municipality of the city of Rochelle by the General Assembly, but all such rights, powers, duties and privileges heretofore conferred, and

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not inconsistent with what is herein enacted are hereby conferred upon said city of Rochelle. Rights, powers etc. SEC. 6. Be it further enacted, That all laws of force at the present time in the city of Rochelle prescribing the qualifications of voters in elections in said city, the registration of voters therein, the manner of conducting and holding elections in said city are hereby re-enacted and made applicable to the said city of Rochelle together with such changes as are herein made. Election laws. SEC. 7. Be it further enacted, That all laws of force at the present time in regard to public schools of said city are hereby re-enacted and made applicable to the city of Rochelle, together with such changes and additions as are herein made. Public schools. SEC. 8. Be it further enacted, That the ordinances of the corporation of the city of Rochelle now in force in said city shall be, and they are hereby made the ordinances of the city of Rochelle, and shall be enforceable as such, until repealed, changed or altered by the mayor and aldermen of said city. Ordinances. SEC. 9. Be it further enacted, That the board of aldermen shall elect from their number a mayor pro tempore, who shall have the same powers and authority in all matters as are given the mayor if for any reason the mayor can not, or will not act. Mayor pro tem. SEC. 10. Be it further enacted, That the persons elected as mayor and aldermen shall attend on the first day of January after their election at the council chamber for the purpose of qualifying and taking the oath of office. That the mayor and aldermen so elected shall take and subscribe the following oath, to-wit: I, A.

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B., do solemnly swear that I will well and truly perform the duties of mayor (or alderman as the case may be) without respect to person, and do equal justice to rich and poor, and I will adopt or adapt such measures as in my judgment shall be best calculated to promote the best interests of the citizens of the city, and only those as in my best judgment shall be best calculated to promote the general welfare of the inhabitants of said city and the common interests thereof; so help me God. They shall then enter upon the discharge of their respective duties on the first day of January next following. Oath of mayor and aldermen. SEC. 11. Be it further enacted, That in case of a vacancy among the members of the board of aldermen, either by death, resignation, failure to elect, removal from office, removal from the city, or from any other cause, the board of aldermen shall elect some qualified citizen of said city to fill such vacancy and the person receiving the majority of votes shall be declared elected and the mayor shall vote in case of a tie. In case of a vacancy in the office of mayor, either by death of the mayor, his resignation, removal from office, removal from city, or from any other cause, the board of aldermen shall order an election by the qualified voters of said city for the purpose of electing a mayor to fill such vacancy, in which case the said board of aldermen shall give ten days' notice of said election by publication, in which said notice the purpose, time and place of holding same shall be stated. Vacancies. SEC. 12. Be it further enacted, That no person shall be eligible to the election of mayor except he shall be at least twenty-one years old, of good moral repute, and shall have been for two years preceding his election

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a bona fide citizen of said city, and shall have paid all taxes due said city; and that no person shall be eligible to the election of alderman unless he shall be at least twenty-one years old, of good moral repute, shall have paid all taxes due said city and shall have been a bona fide citizen of said city one year preceding his election. Qualifications of mayor and aldermen. SEC. 13. Be it further enacted, That the mayor and aldermen shall constitute the legislative department of said city government, that the mayor shall be the presiding officer of said legislative department, and the chief executing officer of said city government. It shall be the duty of said mayor to see that the laws of the State, and the ordinances of the city are faithfully kept and executed within the corporate limits of said city, and over the territory over which the city government extends. He shall keep the board of aldermen advised from time to time of the general condition of said city, and shall recommend to said board of aldermen such measures as he may deem expedient, or necessary for the general welfare of said city. He may call said board of aldermen together at any time when he may deem it necessary. He shall not when presiding be entitled to a vote, except in case of a tie. Powers and duties of mayor. SEC. 14. Be it further enacted, That the mayor's salary shall be prescribed by ordinance of the aldermen, and shall not be increased nor diminished during his term of office. Salary. SEC. 15. Be it further enacted, That in case the mayor or any alderman shall be guilty of malpractice in office, any wilful neglect of his official duties, or abuse of powers confided in him, he shall be subject to indictment

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in the Superior Court of Wilcox county and on conviction of such offense shall be fined not to exceed $500.00, and shall be removed from office. The said fine shall be collected by execution and shall be paid into the city treasury for the use of the city, after all the expenses of such conviction shall have been paid out of such fine. Malpractice. SEC. 16. Be it further enacted, That the following municipal officers shall be elected by the mayor and aldermen at the first regular meeting after the regular election of mayor and aldermen for said city, to-wit: A city clerk, a city treasurer who may be city clerk, a chief of police, and in their discretion a night police, and there shall be no residential qualifications required for the eligibility of any of such police, and the said mayor and aldermen are hereby empowered and authorized to elect a chief of the fire department, who may be the chief of police. These officers shall be elected for a term of one year, and until their successors are elected and qualified, shall perform such duties, and shall receive such compensation as may be prescribed by ordinance; provided, that their salaries shall not be changed during their terms of office, and provided said mayor and aldermen shall not elect any such officers from among their own numbers. Municipal officers. SEC. 17. Be it further enacted, That all officers and agents elected by said mayor and aldermen shall at all times be subject to the jurisdiction of the same and amenable to their discipline, and the said mayor and aldermen shall have power to suspend, fine or remove any of such officers by a majority vote of said mayor and aldermen, the mayor being allowed a vote in case

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of a tie as in other cases, but he may remove for good cause any of such officers or agents of said city until the next regular meeting of the board of aldermen, at which time the said board of aldermen shall vote either to sustain the actions of the mayor, or to reinstate said officers so removed by said mayor. Officers subject to suspension or removal. SEC. 18. Be it further enacted, That the mayor and aldermen shall have the power and authority to require of all officers and agents of said city such bond, or bonds to indemnify the city from loss by reason of their default, the said mayor and aldermen shall have power and authority to require of such officers and agents of said city such oaths as they may deem it necessary to prescribe by ordinance. Bonds of officers. SEC. 19. Be it further enacted, That the mayor of said city of Rochelle shall be the presiding officer in the police court of said city, and shall have power and authority to try all offenders against the laws and ordinances of said city and to inflict such penalties as may be prescribed therefor. Said court shall have power to punish for contempt in a sum not to exceed $50.00 or imprisonment not to exceed thirty days, either one or both in the discretion of the court, and to enforce the same by execution or attachment. That the mayor or other presiding officer of said court shall have all the powers of a justice of the peace to bind over to the proper State courts for crimes against the State any and all offenders against the laws of this State, when the evidence shall be sufficient to require such offenders to answer such charges in such courts. In case of the absence of the mayor or his disqualification from any reason, or in case of a vacancy in the office of mayor

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the mayor pro tempore, or in his absence, or disqualification any member of the board of aldermen chosen by said board of aldermen, shall preside in said police court. The mayor and aldermen shall have power to prescribe rules of procedure in said police court, and to fix the costs therein. Police court. SEC. 20. Be it further enacted, That the city of Rochelle shall have the following powers: (1) To assess and collect an ad valorem tax upon all the property, both real and personal, within the limits of said city, not to exceed the Constitutional limits, levy and collect a specific or occupation tax on all businesses, occupations, professions, callings or trades exercised within the limits of said city as may be deemed reasonable and just, not to exceed $100.00 for each business or occupation, and by ordinance to classify such businesses, professions, callings and trades, and to fix a license on theatrical exhibitions, to prevent by ordinance the exhibitions of all shows, circuses, and medicine vendors with shows accompanying same from exhibiting their shows in said city limits or to prohibit them from selling their medicines, wares and goods within the limits of said city, and to prescribe penalties for all offenders against such ordinances as the mayor and aldermen may pass to enforce such prohibitions, to fix a license on drays and hacks, livery, sale and feed stables, hotels and boarding houses, restaurants and boarding houses, fish stands, billiard and pool tables and other kinds of tables, ten-pin and bowling alleys, butcher shops, auctioneers, and upon all other kinds or classes of businesses coming within the police powers of said city. Taxing power.

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(2) To provide by ordinance for the return or assessment, or both, of all real and personal property for taxation, at its true market value and no more; to double tax defaulters, to prescribe the time, or times when all tax due said city shall become due, and to have the power to collect the same by execution issued by the city clerk, directed to the chief of police and his deputies, and bearing the test in the name of the mayor of said city and sales had thereunder shall conform to the law as prescribed in Sections 732, 733, 734 and 735 of the Political Code of Georgia, 1895. Tax returns and assessments. (3) To provide by ordinance for the registration of all businesses, occupations and callings that are subject to a specific tax, or licensed tax, and the time when same shall be done, and the time when said tax shall become due, and to provide penalties for failure to register such businesses, occupations and callings without first registering same with the clerk and paying said tax and shall have power in their discretion to enforce the collection of the same by execution, or fines, or both as to them may be deemed best. Registration tax. (4) To levy and collect a street tax upon every male inhabitant of said city between the ages of sixteen and fifty years exclusive; provided, said tax shall not exceed $6.00 per annum for each person, and such person may satisfy same by working on the streets of said city under the direction of the proper officers of said city for a period of time not to exceed ten days as may be prescribed by ordinance. In case of failure so to work, or to pay the said tax, said city may enforce the same by execution or by compulsory labor on said streets at its discretion. Street tax.

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(5) To try all nuisances within the city limits, and to abate the same; to define what shall constitute a nuisance likely to endanger the life, health or both of the inhabitants of said city, or any part thereof, said nuisance to be abated in a summary manner and the expense of abating same to be charged against the person causing same, or the owner of the premises upon which said nuisance exists, and to collect the expense of abating same by execution. Nuisances. (6) To regulate butcher pens, butcher shops, tanyards, livery stables, fish and oyster stands, restaurants or any other business in which vegetable or animal matter may decay and cause noxious odors that may become dangerous and injurious, or offensive to the public health or any part thereof, to license same only in localities as may be least offensive to the public and to revoke said license when such businesses prove dangerous or offensive as aforesaid. Sanitation. (7) To regulate and control blacksmith shops, forges and all stove flues and chimneys, and to cause the same to be removed or repaired as safety from fire may dictate, to create fire limits, and to increase the same from time to time as in the discretion of the mayor and aldermen they deem it best, to prescribe the material out of which buildings may be constructed within said fire limits, to regulate the construction of doors in public places for public gatherings, and to require the erection of fire escapes in all buildings, not private residences, three or more stories high. Fire limits. (8) To regulate and control all hotels and other public houses within said city. Public houses.

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(9) To take up and impound hogs, mules and asses, cattle and other stock running at large in said city and to pass such ordinances as may be deemed best for the regulation of such stock running at large in said city. Live stock. (10) To require the owners of lots to drain same, to fill up excavations or depressions, to drain cellars or cisterns, and to fill up same if necessary, and upon failure so to do upon ten days' notice from said mayor of the city, same to be served by the chief of police upon the owner of such premises, to have same done and to charge expenses of same against the said owner, and to enforce the collection of such expenses by execution against the owner of such premises, or against the property on which said expense was incurred. Drainage. (11) To regulate all vehicles of every kind or character used in said city for profit in transportation of passengers, freight, or both, and to provide for the inspection of same, and to fix the rate of fare for carriage thereon. Transportation. (12) That mayor and aldermen of the city of Rochelle shall not have the power to grant any license, or licenses for the sale of whiskey, malt, spirituous, vinous and intoxicating liquors; but shall have full power and authority to pass any and all ordinances to more fully and effectually prohibit the sale of whiskey, malt, vinous, spirituous and intoxicating liquors of every nature or kind whatever, and may provide against the delivery of such whiskey, spirituous, vinous, malt and intoxicating liquors to any person, or persons dealing illegally therein by any person, persons, firms or corporations; and they are hereby empowered and given full power and authority to pass an ordinance providing

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for the punishment of any person or persons who may either themselves or through an agent purchase any of the above named whiskey or liquors from any one dealing illegally therein within the corporate limits of said city. Sale of intoxicants. (13) That the mayor and aldermen shall have power and authority to impose a tax on all dogs in the city, not to exceed one dollar per annum for each male, and two dollars per annum for each female, and shall have power to provide by ordinance for the collection of same, authorizing the chief of police to kill all dogs running at large in said city whose owners fail to comply with said ordinances. Dog tax. (14) The mayor and aldermen shall have power and authority to pass ordinances for the prevention of idleness and loitering within the limits of said city, and to prescribe penalties for the violation thereof. Vagrancy. (15) To lay off, vacate, close, open and alter streets and alleys in the city, to prevent anyone from opening, laying out new streets or alleys in said city, to regulate the width of sidewalks, and to pave, repave, repair the pavement of same at the expense of the abutting land owner, or against the abutting real estate, enforcing the collection of same by execution against said abutting land owner, or real estate, which said execution shall be issued and levied as executions for taxes are issued and levied, and sales had thereunder shall conform to the law as in the case of othe tax executions for municipal taxes, and the right of redemption accrue the same as in case of sales for other municipal taxes; also said mayor and aldermen shall have power to lay

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off and construct crosswalks, drains and gutters, and to keep same in repair. Streets etc. (16) To grade, pave, macadamize or otherwise improve for travel or drainage any of the streets or alleys of said city or any portion of same. Street improvements. (17) To construct or extend sewers in any of the streets or alleys of said city or any territory thereof; to assess any part of the cost of same agrainst the abutting real estate owners, or real estate abutting on the streets or alleys on which same is construed or extended, as may seem reasonable and just, and to enforce the collection of same by execution against said real estate or the said owners of same, in the same manner as executions for taxes. Sewerage. (18) To grant encroachments upon the streets or alleys of the city on such terms and under such conditions as may be prescribed by ordinance. Encroachments. (19) To remove or cause to be removed all obstructions upon the streets or alleys or sidewalks of said city; to require all persons before building upon or improving any real estate, to make application to the mayor and aldermen for a permit, which said application shall set forth the kind of improvement or building to be made on said real estate. Building permits. (20) To establish markets and regulate the same, fix the hours of sale therein, to prohibit the sale of marketable commodities elsewhere in said city and to pass all ordinances that may be deemed necessary and proper to control and regulate marketing within said city. Markets. (21) To institute all sanitary measures necessary for the preservation of the public health, likewise for

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the prevention or generation of infectious and contagious diseases by quarantine or otherwise, and shall have absolute control of all matters in connection with such quarantine, and shall have power to provide penalties for the violation of ordinances passed by the mayor and aldermen for the purposes of such quarantine. Sanitation. (22) To prohibit the renting of houses for the purpose of running a bawdy house therein, or disorderly houses, or houses of ill fame, and to prevent by ordinances the keeping or running such houses within the limits of the city, and to provide penalties for the violation of such ordinances. Suppression of vice. (23) To own, use and operate for municipal purposes and for profit, a system of waterworks and electric light plants, to make rules and regulations regarding the same, and the use of same by the public, and to provide by ordinance for the pnishment of those who illegally use said water and lights. Light and water. (24) To elect a city attorney, and to pay him out of the city treasury such compensation as the mayor and aldermen shall prescribe by ordinance and to prescribe the duties of such attorney. City attorney. (25) To pass any and all ordinances that may be deemed proper and requisite for the peace, security, welfare and health and convenience of the city and its inhabitants. General welfare. (26) In addition to the powers herein enumerated and the powers heretofore conferred upon said municipality and which are not in conflict with those herein granted, the said city shall have all additional powers

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which may be necessary for the good government of said city, the general welfare of its inhabitants, and which can be Constitutionally conferred upon said city. General welfare. (27) The mayor and aldermen shall have power and authority to designate a depository, or depositories for all the city funds, and shall have power and authority to require of such depositories an indemnity bond in a sum to be fixed by said mayor and aldermen. City depository. (28) That the mayor and aldermen shall have power and authority to create a board of water and light commissioners, who shall have such power and authority over the city's water and lights system as may be prescribed by ordinance. Light and water commissioners. SEC. 21. Be it further enacted, That the mayor and aldermen shall have power and authority to condemn for corporate purposes, all classes of property, whether private, quasi public, or public, and to fix a method of condemnation proceeding in exercising such powers, and to pay such damage to the owner of any such property as may be reasonable and just. Condemnation. SEC. 22. Be it further enacted, That neither the mayor, nor any alderman, nor any one of them, shall be, either directly or indirectly interested in any contract made with the city while in office. Municipal contracts. SEC. 23. Be it further enacted, That the mayor and aldermen shall have power and authority to adopt a code of ordinances, and to amend the same, or any part of same when in their discretion they may think proper. City code. SEC. 24. Be it further enacted, That the mayor and aldermen of said city shall not grant any exclusive public franchise to any person, persons or corporation

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without the consent and ratification of two-thirds of the qualified voters of said city in an election called for that purpose. Franchises. SEC. 25. Be it further enacted, That the mayor and aldermen shall have power and authority to provide for and order an election for the purpose of voting bonds in said city for the purpose of buying, equipping, maintaining and operating a system of waterworks and electric light plants; providing, such election shall be held, and notice given as required in Section 377 of the Political Code of Georgia, 1895, and providing, further, that such bonds shall be used by said city for the purpose of said waterworks and electric lights. Election for bonds, for light and water. SEC. 26. Be it further enacted, That the election provided for in Section 25 of this Act shall be held in accordance with Section 377, 378 and 379 of the Political Code of Georgia, 1895, and under the provisions of the Constitution of Georgia for such elections. How held. SEC. 27. Be it further enacted, That the mayor and aldermen shall have power and authority to issue, under the provisions of Sections 26 and 27 of this Act additional bonds for public school purposes in said city, and shall have power and authority to buy, build and equip a dormitory or dormitories to be used by the public schools of said city. School bonds. SEC. 28. Be it further enacted, That when the requisite two-thirds majority of the qualified voters of said city in an election ordered for that purpose shall vote for bonds for any purpose for which bonds are provided herein, the mayor and aldermen shall at once issue said bonds in such denominations as to them shall be deemed best, and shall hypothecate or sell the same to

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the best and highest bidder for cash, providing same shall have been advertised for sale and sealed bids solicited through one of the New York papers, one of the Atlanta papers and the city paper for at least thirty days, and providing, further, that said bonds shall not run longer than thirty years, and bear interested over and above seven per cent per annum and be payable annually. Sale of bonds. SEC. 29. Be it further enacted, That the State School Commissioner of Georgia shall pay direct to the city treasurer the city's pro rata share of the State and county, public, or common school funds to which said city is entitled, according to the number of children of school age residing within said city, increased by the number of children of school age residing without the limits of said city, but in Wilcox county, who attend the city's public school system, as provided by Section 1406 of Volume one of the Code of Georgia, 1895, together with such other allowances as may be due and payable to said city's public school system, and the children attending the same under existing laws, or laws that may hereafter be enacted. Pro rata share of State school fund. SEC. 30. Be it further enacted, That the mayor and aldermen of the city of Rochelle shall cause a school census to be taken once each year, same to include the children of school age living within limits of said city, together with the children of school age, who reside without the limits of said city, but in Wilcox County and in reach of the said city's public school system, and those who have been and are attending the said city's schools. The said census so taken shall be forwarded to the State School Commissioner not later than the

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first day of August of each year, and shall form a basis of settlement with the said State School Commissioner and the said city. School census. SEC. 31. Be it further enacted, That all children in said city of school age, who are bona fide residents of said city, and who reside within the limits of said city during vacation of said city's public schools shall be entitled to the benefit of the city's public schools, under such regulations as the board of education may provide. School children. SEC. 32. 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 10, 1909. ROCKMART, CHARTER AMENDED. No. 161. An Act to amend an Act, approved August 15th, 1904, entitled, An Act to amend, consolidate and supersede the several Acts incorporating the town of Rockmart, in the county of Polk, to confer additional powers upon the corporate authorities thereof, and otherwise to amend the charter of said town; to provide a new charter for the town of Rockmart, and for other purposes, by amending Section 23 of said Act, so as to grant to the mayor and council the right to sell the franchise for waterworks or sewerage, or both, 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 authority of same, That from and after the passage of this Act, that Section 23 of the Act, approved August

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15th, 1904, incorporating the city of Rockmart, and described in the caption to this Act, be, and the same is, hereby amended, by adding after the words sewerage for said city in line four of said Section, the following words: Or the said mayor and council shall have the right by proper ordinance, to sell the right or franchise for the erection and maintenance of a waterworks system, or a sewerage system, or both, to any private individual or to any corporation, for such compensation as the mayor and council may see fit. Said Section when amended shall read as follows: Be it further enacted, That the mayor and council of Rockmart shall have the full power and authority to maintain and control a system of waterworks and sewerage for said city, or the said mayor and council shall have the right by proper ordinance, to sell the right or franchise for the erection and maintenance of a waterworks system, or a sewerage system, or both, to any private individual or to any corporation, for such compensation as the mayor and council shall see fit, and compel the said property owners to connect with said sewers and to pay for same and the use thereof. The payment to be enforced as the mayor and council may by ordinance direct, and may purchase or condemn any property within or without the city that may be necessary for either of said public works, in case it shall become necessary to condemn any property under this Section, or for any other public works, the provision shall be the same as in Section 17 of this charter. Rockmart, city of, waterworks and sewerage. SEC. 2. 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, 1909.

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ROME, CITY OF, NEW CHARTER. No. 279. An Act to amend, consolidate and supersede the several Acts incorporating the city of Rome in Floyd county and State of Georgia; to create a new charter and municipal government for said city; to extend and define the corporate limits thereof; and to declare the rights and powers 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 authority of the same, That the inhabitants of the territory hereinafter described, all of which is located in Floyd county, Georgia, be, and are, hereby incorporated under the name and style of the City of Rome, and the said City of Rome is hereby chartered and made a city under that name, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, or cities thereof, and all the rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to said city of Rome, shall be and are hereby vested in the said city of Rome as created by this Act; and the said city of Rome as created by this Act, may, be its corporate name, 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, 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 the mayor and councilmen may seem best, and which

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shall be consistent with the laws of the State of Georgia and the laws of the United States. And the said city of Rome 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, tenements, and hereditaments, of whatsoever kind, within or without the limits of said city for corporate purposes. Said city of Rome, created by this Act, shall succeed to all the rights of and is hereby made responsible, as a body corporate, for all the legal debts, liabilities and undertakings of the present city of Rome, and its mayor and council, as a body corporate, as heretofore incorporated. Rome, city of, reincorporated. SEC. 2. Be it further enacted, That the corporate limits of the city of Rome are hereby declared to be as follows: Beginning near the northwest corner of land lot number two hundred and thirty-eight (238) in the twenty-third (23) district and third (3d) Section of Floyd county, Georgia, at the point of intersection of the north boundary line of the Central of Georgia Railway Company's right of way with the north boundary line of the Southern Railway Company's right of way in land lot number two hundred and thirty-eight (238); thence eastwardly along the northern boundary of the said right of way of the Southern Railway to the western line of the property conveyed to J. L. Bass by Seaborn Wright, thence north to the northern line of the street located and being thirty (30) feet wide north of the property now owned by Ed Cousins; thence eastwardly to the eastern line of the Rome and Summerville road; thence southerly along said eastern side of said road to the north boundary line of land lot number two hundred and thirty-seven (237); thence east along

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said land lot line to low water mark on the Oostanaula river; thence northerly up said river along low water mark to the northern line of the right of way of the Southern Railway Company; thence across the Oostanaula river, and continuing along said right of way boundary to a point north of the east line and in line with the east line of the city pumping station property; thence south along the east side of said pumping station property to the southeast corner thereof; thence west along the south side of said pumping station property to low water mark on the east side of the Oostanaula river; thence down said river, along low water mark, to the east and west land line between land lots two hundred and thirty-six (236) and two hundred and forty-five (245); thence east along said land line to the southeast corner of land lot two hundred and thirty-six (236); thence north along the land line between lots two hundred and thirty-six (236) and two hundred and thirty-five (235) to a point due east of the south line of the city reservoir property; thence west, to and along the south side of the reservoir property, to the east line of the property formerly known as the C. I. Graves old homestead; thence northerly along the east line of said Graves property, to the east and west land line between land lots numbers two hundred and five (205) and two hundred and thirty-six (236); thence east along said land line between lots two hundred and five (205) and two hundred and thirty-six (236) and between two hundred and six (206) and two hundred and thirty-five (235) to Spring street; thence northeasterly along the east side of Spring street to and across the Southern Railway track, and due north from said Railway track to the northern side of Park avenue; thence southeasterly

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across land lot number two hundred and seven (207) and along the northeasterly side of said Park avenue and the continuation thereof, to and across the Calhoun road, and continuing up the Calhoun road to the north and south land line between land lots numbers two hundred and seven (207) and two hundred and eight (208); thence south along said land line and along land line between lots numbers two hundred and thirty-three (233) and two hundred and thirty-four (234) to the north side of Cothran street where the same intersects said land line; thence west along the north line of Cothran street to a point due north of the east side of the public school lot; thence south along the east side of said public school lot to and across the Etowah river to low water mark on the south side of said river; thence westerly and southerly along low water mark down said river to the north side of the extension of Holmes street to said river; thence easterly along the north side of Holmes street to the east side of Gordon street; thence south along the east side of Gordon street to the north side of Division street; thence east along the north side of Division street to a point opposite a line between Cooper and Hughes property; thence southeasterly along said line between Cooper and Hughes property to the land line on the east side of land lot number two hundred and eighty-six (286); thence south along said land line to the south side of Silver Creek street, designated on Dietz's map of Rome and East Rome as Silver street; thence west along the south side of said street to and across Howard avenue to the east side of Dean street; thence southerly along the east side of Dean street to the south side of Union street; thence westerly along the south side of Union

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street to the west side of Maple street; thence north up the west side of Maple street to the south side of Silver Creek street, designated on Dietz's map of Rome and East Rome as Silver street; thence west along the south side of said street and continuing along and between Anchor Duck Mills and Hank's Foundry; thence along the southerly side of said street in a westerly direction to the west side of the Rome and Cave Spring road; thence southerly along the west side of the Rome and Cave Spring road to the land line running east and west between land lots two hundred and eighty-four (284) and three hundred and seventeen (317); thence west along the north boundary line of land lots numbers three hundred and seventeen (317), three hundred and eighteen (318), and three hundred and nineteen (319) to the Coosa river; thence northerly along said river at low water mark on the east side thereof until it strikes the southern boundary of the Nixon estate; thence due east along said southern boundary line of the Nixon estate to the Western boundary line of the Shady Side addition; thence due north along said western line of Shady Side addition and continuing due north across the Coosa river to low water mark on the northern bank of said river; thence easterly along said northern bank of the Coosa river at low water mark to the western line of land lot number two hundred and forty-four (244); thence north along said land line to its intersection with the west side of the right of way of the Central of Georgia Railway Company; thence along said west side of said right of way to the southern side of Shorter avenue; thence along the southern line of said avenue to the west side of River street; thence north along west side of River street across the Central of Georgia

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Railway Company right of way to the north side of said right of way; thence northwesterly along said right of way to beginning point. Corporate limits. SEC. 3. Be it further enacted, That a mayor shall be elected as hereinafter provided, for said city, whose term of office shall be for two years; the mayor in all cases to hold his office until his successor be elected and qualified, and in the event that the office of mayor shall become vacant by death, removal, resignation or otherwise, the mayor pro tem., or in case his seat is vacant, a majority of the council shall order a new election by giving at least ten days' notice in any one or more of the city papers, or at two of the most public places in said city, and said election shall be managed in the same manner as other elections for said office, according to the provisions of this charter, except that the last registration made out for any general election had in said city may be used in said election, and any person having become qualified since said registration may vote; provided, if the office of mayor shall become vacant at any time within six months of the expiration of his term of office, the mayor pro tem. shall act as mayor during the balance of said term and exercise all the rights and powers of mayor during said term. Mayor. SEC. 4. Be it further enacted, That said mayor shall be the chief executive of said city. He shall see that all the laws and ordinances of said city are faithfully executed; he shall preside over the deliberations of the council, but shall have no vote except in case of a tie; he shall preserve order and decorum, shall enforce the rules of the body, and shall have the power to punish all persons for contempt of such rules and regulations

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as the mayor and council may prescribe. The said mayor, or, in his absence, the mayor pro tem., shall have four days after the passage of any ordinance or resolution in which to file with the clerk in writing his disapproval of any measure passed by them, but said council may pass said order, resolution or ordinance, notwithstanding the veto, by a vote of two-thirds, to be taken by yea and nay vote, and entered on the minutes. Powers and duties of mayor. SEC. 5. Said mayor, or any other officer authorized under the laws of the State of Georgia to administer oaths, shall administer the oath of office to all city officers, including members of the council; and the mayor shall appoint the standing committees of the council, at the beginning of the term. Oath of officers. SEC. 6. Said mayor shall have the power to convene in special session whenever, in his judgment, the exigencies of the case may require it. He shall be a member ex-officio of all municipal boards and commissions, now or hereafter created, with the same rights, powers and privileges as other members of said boards and commissions. Said mayor shall have an adequate salary to be fixed by council not to exceed six hundred ($600) dollars per annum, which shall not be changed during his term of office. Said mayor shall discharge such other duties as may be imposed upon him; and before entering on the discharge of the duties of his office, shall take and subscribe before some judge of the Superior Court, city court, or justice of the peace, the following oath: I swear that I will faithfully and impartially demean myself as mayor during my continuance in office; that I will discharge the duties of the office to the best of my ability; that in the enactment

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and revision of all legislation I will have due regard for the constitution and the laws of the State and the charter of the city of Rome, Georgia. Powers and duties of mayor. SEC. 7. Be it further enacted, That the legislative department of said city shall be vested in a mayor and board of councilmen and shall be styled the mayor and council. The mayor and members of the council shall have attained the age of twenty-one years, and shall have been residents and citizens of Rome for two years next preceding the election, and shall be qualified voters of the city of Rome. Qualifications of mayor and councilmen. SEC. 8. Be it further enacted, That the present mayor and council shall serve out the terms for which they have been elected, and that an election shall be held on the first Tuesday in March, 1910, and biennially thereafter to elect a mayor and three councilmen from the city at large, who shall enter upon the discharge of their duties on the first Monday in April thereafter, and shall serve for a term of two years, or until their successors are elected and qualified; and that an election shall be held on the first Tuesday in March, 1911, and biennially thereafter, for a councilman from each ward, who shall enter upon the discharge of his duties on the first Monday in April thereafter, and serve for a term of two years, or until his successor is elected and qualified; and at said election so held that person shall be declared elected mayor who receives the greatest number of votes cast for said office, and those three persons shall be declared elected councilmen at large who receive the greatest number of votes cast for that office; and those persons shall be elected councilmen from each ward who shall have received the greatest

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number of votes cast as compared with the number of votes cast for other candidates residing in their respective wards: It being the intention of this Section that the body of mayor and council shall consist of a mayor and three councilmen from the city at large, and one councilman from each ward, on and after the first Monday in April, 1910. Election of mayor and councilmen. SEC. 9. Be it further enacted, That said councilmen shall receive a salary not exceeding two hundred dollars each per annum, and before entering upon the discharge of their duties shall take and subscribe to the following oath: I solemnly swear that I will faithfully and uprightly demean myself as councilman during my continuance in office; that I have not, in order to influence my election to this office, directly or indirectly, expressed or implied by promise my support to any person for any office in the city government of Rome, nor for any other office; that I will not knowingly permit my vote in the election or appointment of any person to a position in the city government to be influenced by fear, favor or affection, reward or the hope thereof, but in all things pertaining to my said office I will be governed by my convictions as to the public good. Salary and oath of councilmen. SEC. 10. Be it further enacted, That any person found guilty of a violation of any of the provisions of the above oath, upon a fair and impartial trial before the mayor and council of said city, shall be forthwith expelled from office and forever thereafter disqualified from holding any position of honor, trust or emolument connected with the city government of Rome. Councilmen removable. SEC. 11. Be it further enacted, That only such persons as are qualified to vote for members of the General

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Assembly shall be entitled to vote for mayor and councilmen; provided, they have registered their names, occupation, age and residence in the office of the clerk of council, as required by this charter, and have paid all taxes, fines and forfeitures due the said city. Voters. SEC. 12. Be it further enacted, That it shall be the duty of the clerk of the council to open a list for the registration of voters forty days prior to any election held in said city for any purpose, which list shall be closed ten days prior to said election. In any election to fill any vacancy in an elective office, the last list so made up may be used. It shall be the duty of said clerk upon the personal application of any person qualified to vote as aforesaid, within the time prescribed for list to be kept open, to register the name, age, occupation, ward and place of residence of the applicant; but no person shall be entitled to register who has not paid the taxes, fines and forfeitures required of him by the laws and ordinances of said city, or who has not been a bona fide citizen with a continued residence within the corporate limits of said city for sixty days immediately preceding the election. The clerk may, in any case, administer an oath to the applicant touching his right to be registered. Registration of voters. SEC. 13. Be it further enacted, That the clerk of council shall furnish the managers of election, before opening of the polls, a complete list of the names, age, occupation and residence of the persons registered, which said list shall be returned to the clerk when said elections are over. The presiding managers of said elections shall be authorized, when challenged, to administer the following oath to any person attempting

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to vote: You do solemnly swear that you have resided in the corporate limits of the city of Rome, and have been a bona fide citizen of said city, for sixty days immediately preceding this election; that you have been registered in the time prescribed by the charter of said city, and that you are qualified to vote for members of the General Assembly of Georgia, and that you have paid all taxes, fines and forfeitures due the city which have been required of you; so help you God. Oath of voters. SEC. 14. Be it further enacted, That any person voting at any such election, who is not qualified to vote, shall be guilty of a misdemeanor, and on conviction before the Superior or city court of Floyd county, shall be punished by fine or imprisonment, or both, in the discretion of the court. Voting illegally. SEC. 15. Be it further enacted, That the persons authorized to hold elections under this charter are Ordinaries, justices of the peace, and freeholders. There must be three managers at each voting place, to be named by mayor and council. Persons who cannot read and write shall not be competent to serve as managers. Election managers. SEC. 16. Be it further enacted, That before proceeding with election, each manager must take and subscribe the following oath: All and each of us do solemnly swear that we will faithfully superintend this day's election; that we are Ordinaries, justices of the peace or freeholders, (as the case may be); 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 provisions of this charter and the laws of this State, nor knowingly prohibit any one

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from voting who is entitled by law, and will not divulge for whom any vote was cast, unless called on under the law to do so; so help me God. Oath of election managers. SEC. 17. Be it further enacted, That said oath shall be taken before some officer qualified to administer an oath, if present, and if none such are on the spot and acting at the time required, then said managers may swear each other, and the oath shall be of the same effect as if taken before a qualified officer. By whom administered. SEC. 18. Be it further enacted, That the place or places of holding said elections shall be selected and fixed by the mayor and council and advertised in the newspapers in said city in which the city printing is done at least ten days prior to the date of said election; that the time for keeping open the polls of said elections is from seven o'clock a. m. to six o'clock p. m. Election precincts. SEC. 19. Be it further enacted, That all votes shall be by ballot; there shall be kept by the managers, or by three clerks, three lists of the names of voters, which shall be numbered in the order of their voting, and also three tally sheets at each voting place. As each ballot is received the number of the vote on the list shall be marked on his ballot before being deposited in the box, and when any vote is challenged and sworn, it shall be so written opposite his name on the list and also on his ballot. Lists of voters. SEC. 20. Be it further enacted, That the managers may begin to count the votes at any time in their discretion, but they shall not do so until the polls are closed, if a candidate, in person or by written authority, objects. When the votes are all counted out, there must

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be a certificate signed by all the managers, stating the number of votes each person voted for received, which certificate shall be placed in an envelope and sealed with the names of the managers across the seals thereof, and addressed to the mayor and council of the city of Rome and delivered by one of said managers to said mayor and council at a meeting to be held at the city hall at ten o'clock on the morning after said election, and it shall be the duty of said mayor and council to declare the result of said election. Each list of voters and tally sheet must have placed thereon the signatures of the managers and returned with said certificate of the result of the election. Certificates of election. SEC. 21. Be it further enacted, That the ballots shall not be examined by the managers or bystanders, but shall be carefully sealed in a strong envelope or box, with the names of the managers across the seals thereof, and delivered to the clerk of the council at the same time they make return of the election, by whom they shall be kept unopened and unaltered for sixty days, after which time if there is not a contest begun about said election, the said ballots shall be destroyed by said clerk, without examining the same himself or permitting others to do so. And if the clerk shall violate this Section, he shall, upon conviction, be punished as if for misdemeanor. Ballots, disposition of. SEC. 22. Be it further enacted, That the vote on any resolution or ordinance having for its object the increase of indebtedness of the city, the expenditure of its revenue, the sale of any part of the public property of the city or the granting of a franchise for any public utility of any character shall be a yea and nay vote, said vote

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to be recorded on the minutes by the clerk. Any councilman shall have the right to call the yeas and nays on any question and have the same recorded on the minutes. Financial measures. SEC. 23. Be it further enacted, That a majority of the councilmen shall constitute a quorum, but in all cases a less number may adjourn from time to time and compel the attendance of the absentees by directing the marshal or any of the police to arrest and bring them before the board. Said mayor and council shall have the right to fix the regular meetings at such times as they may select, by resolution, and to adopt such rules and regulations for the control and guidance of said board as they may see fit, with the right to alter and change the same at any time by a two-thirds vote. Meetings of council. SEC. 24. Be it further enacted, That the mayor and each member of the board of council shall be to all intents and purposes a justice of the peace so far as to enable them or any one of them to issue warrants for offenses committed within the jurisdiction of said mayor and council, which warrant shall be executed by the marshal or any policeman, and to commit to the jail of the county of Floyd or admit to bail offenders (provided the offense is bailable) for their appearance before the next Superior Court thereafter for the county of Floyd. And it shall be the duty of the jailer of said county to receive all such persons so committed and safely keep the same until discharged by due course of law. Mayor and councilmen ex-officio justices of the peace. SEC. 25. Be it further enacted, That it shall not be lawful for the mayor or any member of said board of councilmen or any officer of said city to be interested

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either directly or indirectly in any contract with the city of Rome, or any subordinate agency thereof, having for its object the public improvement of the city or any part thereof, or the expenditure of its money. Any violation of this Section on conviction thereof shall be punished as for a misdemeanor under the laws of this State. Neither the mayor nor any member of council nor any other officer of the city of Rome shall exercise any right to vote or act on any subject matter committed to him under this charter, when the result of such vote or action would promote his interest directly or indirectly; nor shall the mayor or any other officer under the city government in the exercise of the power of appointment or election to any position, exercise said power in behalf of any person who is related to him or any other member of the body of which he is a member, as near or nearer than the second degree by affinity or consanguinity, or any person who is dependent, in whole or in part, upon him or any other member of the body of which he is a member, for maintenance and support; and any election or appointment within the foregoing specified degrees shall be ipso facto void. Municipal contracts. SEC. 26. Be it further enacted, That all ordinances shall be read at least at two different meetings of the mayor and council before put upon its passage; unless the same should meet with unanimous approval of the council, in which case, the minutes of the council must show that action was taken without objection. Ordinances, how passed. SEC. 27. Be it further enacted, That the powers hereinafter named are hereby delegated to said city of Rome, and the mayor and council of said city shall have full power and authority to carry same into effect by the

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passage of ordinances, by-laws and resolutions and impose penalties for a failure to comply with same: (1) To provide a corporate seal with appropriate devices for said city to be affixed to all instruments or writings requiring the same, and to name the person who shall affix the same. Corporate seal. (2) To fix the salaries or compensation of the various officers and employees of said city; provided, that no salary shall exceed the amount fixed by this charter, and no salary or compensation of any city officer shall be changed after it is once fixed during his term of office. Salaries. (3) To protect all city property. City property. (4) To provide for the punishment of contempt and disorder in the room of the council. Contempt. (5) To authorize a census of the city. Census. (6) To receive gifts, donations, bequests and public trusts and agree to condition and terms accompanying the same and bind the city to carry them out. Gifts. (7) Where suit is filed against the city of Rome, on account of injuries resulting from the use of the streets or sidewalks of said city, by any person, firm or corporation, for any purpose whatever; or where such a suit is filed on account of the defective condition of the streets or sidewalks of said city, where, by law or ordinances, the duty of keeping the same in repair is imposed upon any person, firm or corporation; or where such a suit is filed on account of the defective condition of the streets or sidewalks of said city, where, by law or ordinance, the duty of repairing said street or sidewalk,

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or laying or re-laying the pavement of said street or sidewalk, may be imposed upon any person, firm or corporation; or where such suit is filed on account of damage done to person or property, resulting from defective walls, chimneys, roofs, awnings, buildings, signs, or other structures, objects, or things in said city, where, by law or ordinance, the duty of removing, repairing or making the same safe to the public, may be imposed upon any person, firm or corporation, and notice to do so has been served upon such person, firm or corporation, prior to said injury or damage, and the said person, firm or corporation has failed to comply therewith; in all such cases, the city of Rome, by resolution passed by the mayor and council, shall have the right and power to vouch such person, firm or corporation, into court, to defend the said suit so brought, and the said person, firm or corporation shall be bound by the result thereof; the manner of vouching and the liability in case thereof, to be the same as provided by the laws of Georgia, where a warrantor of title to realty is vouched. Vouching parties to defend suits against city. (7a) To declare what shall constitute a nuisance, to prevent the same, to empower the recorder to abate the same, authorize the removal of the same by the proper officials, provide for the punishment of the person or persons causing or suffering the same, to assess the expense of its removal against such person or persons, and to provide for collecting the same. Nuisances. (8) To regulate and prohibit the use of hand organs or other annoying instruments of any character or other music or itinerant performers in the streets, in alleys, or public places of the city. Itinerant musicians.

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(9) To authorize the cleaning and purification of the water and water courses by the board of public works or other designated authority, to prevent encroachment or injury to the banks of the streams or casting into the same offal, dead animals, logs, rubbish, dirt or impurities of any kind. For the purpose of this clause jurisdiction, is hereby conferred upon the city for ten miles from the corporate limits thereof. Purity of water courses. (10) To regulate and locate renderies, fertilizer plants, soap factories, tanneries, foundaries, slaughter houses, breweries, distilleries, livery stables, and all other places which may become noxious or injurious to public comfort or health, and to prohibit the erection of such buildings or the continuance therein of such noxious or injurious occupations or places, whenever the public comfort or health may require it. For the purpose of this clause jurisdiction is given for two miles from the corporate limits thereof. Sanitation. (11) To prohibit or regulate the use of fire arms, fire works, bonfires, or other things or practices tending to endanger persons or property. Explosives. (12) To regulate, restrain, and prohibit the running at large within the corporation of cattle, horses, swine, sheep, goats, geese, chickens, ducks, pigeons, and other fowls and animals, and to impound and hold the same, and on notice being given to sell the same for the penalty imposed by any ordinance, and to assess the cost and expense of the proceedings; and to regulate and prohibit the running at large of dogs, and providing against injury and annoyance therefrom, and to authorize the disposition of the same. Live stock.

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(13) To prevent the deposit of any unwholesome substances either on private or public property and compel its removal to designated points; and to require slops, garbage, ashes, and other wastes, or unwholesome materials, to be removed to designated points, or to require occupants of premises to place them convenient for removal. Also, to provide for the destruction of such substances, or their use for some beneficial purpose. For the purpose of this clause, jurisdiction is given the city two miles from the corporate limits thereof. Sanitation. (14) To control the occupants or owners of any premises, building or out-house, when the same has become filthy or unwholesome, to abate or cleanse the same and to authorize such cleaning to be done by the proper public officers and to assess the expense thereof and collect such expense from said occupant or owner. For the purpose of this clause the city is hereby given jurisdiction for two miles beyond the corporate limits thereof. Sanitation. (15) To regulate and prohibit the storage of fireworks, gun powder, tar pitch, resin, coal oil, benzine, turpentine, hemp, hay, straw, fodder, nitroglycerine, cotton, dynamite, giant powder, petroleum, gasoline, gas or any product thereof, or any other explosive or combustible material or other materials which may be deemed dangerous. Storage of explosives etc. (16) To prohibit and regulate the location and management of cemeteries or burial places within and without the city, to protect the same and provide for the sanctity of the dead; to regulate or prohibit the interment of bodies, and to authorize the removal of bodies

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now or hereafter buried, and of cemeteries to some other proper place. For these purposes the city shall have jurisdiction for four miles from the city limits thereof. Cemeteries. (17) To establish quarantine regulations and to authorize the removal to designated places or the confinement of persons having infectious or contagious diseases. For the purpose of this clause jurisdiction is given the city for two miles from the corporate limits thereof. Quarantine. (18) To regulate and require reports and records of births and deaths and to make such requirements as may be deemed necessary to prevent the spread of contagious or infectious diseases, and to make all regulations that may be deemed expedient for the promotion of health and the suppression of disease; and to establish a board of health to carry the same into effect. Births, deaths and the public health. (19) To regulate and prohibit the ringing of bells and the sounding of steam or other whistles or other objectionable noises within the city and for one mile from the corporate limits thereof. (20) To direct the location and regulate all public markets and market places, and the management thereof, whether private or public. Markets. (21) To regulate the selling, weighing, measuring of hay, wood, ice, coal, coke, and all other articles sold by weight or measure; to require dealers to keep honest weights and measures and to provide for inspection and regulation of such weights and measures, and of gas, electric, and water meters, and to compel correct reading of the same. Weights and measurements.

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(22) To provide for the inspection and to regulate the sale of meat, poultry, fish, butter, oleomargarine, cheese, lard, vegetables fruit, beverages and all other food products and to provide for the condemnation of the same if unwholesome. Markets. (23) To provide for the inspection regulation, and location of stationary engines, steam boilers, motors, and elevators, and to prohibit their use when unsafe or dangerous and for the licensing of the men in charge thereof. Dangerous machines. (24) To define the fire limits in said city and to regulate the character of buildings and the erection thereof within such limits; to limit the height to which buildings may be erected in the city; to regulate the constructions of buildings as to foundations, walls, roofs, doors, windows, and floors so as to secure safety in the structure and to prevent the spread of fire; to authorize, require and provide for the inspection, by such officer or officers, as may be designated, of buildings and structures, erected or to be erected or in the process of erection; to authorize the permit for the erection of any building to be revoked and the condemnation of any building already erected, in whole or in part. Fire limits. (25) To compel persons about to undertake any work which may be dangerous, or is likely to involve liability upon the city, to execute a bond with good and sufficient surety, conditioned for the payment of any damages that may be sustained by any persons from such work. Indemnity bonds. (26) To regulate the construction of chimneys, smoke stacks, hearths, and ovens, the erection of stoves and stove pipes, boilers and apparatus in buildings or

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other places and cause the same to be removed or made secure when considered dangerous. To authorize the chief of the fire department and his assistants, and mayor or other designated officers or agents of the city at all reasonable hours to enter and examine all dwellings, out-houses, business houses, lots and yards in said city, and to inspect all places where fire is used or is liable to occur and take all necessary means to prevent danger therefrom; and to compel owners and occupants of houses and other buildings to make scuttle holes in the roofs thereof, with stairs or ladder reaching to the same, and to compel the erection of fire escapes; also to require and regulate the use of smoke consumers. Fire protection. (27) To authorize and require the inspection of gas pipes, water pipes, plumbing, drainage, sewers and electric lines or wires, on private property or elsewhere, and to compel them to be repaired or made secure by the owner or occupant of the building with which they are connected, and on failure of any such owner or occupant so to do, to authorize or require the gas or electric current and other connections to be cut off until such repairs are made; and to authorize appointment of inspectors or other agents to compel compliance with such requirements. Inspection of plumbing. (28) To regulate and prohibit the keeping of any lumber yard, and the placing or piling of any lumber, wood, straw, hay, or other combustible material within the fire limits of the city, or at any other place or in such quantity as to become dangerous to persons or property in the city. Combustible material. (29) To establish and maintain in the city of Rome a wharf or wharves, control and regulate the same, to

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fix the rate of wharfage and enforce the collection of the same, to regulate the landing of boats or other water crafts and the loading and unloading thereof, and to prohibit and regulate the dumping of material upon the bank or in any river, and to prevent the obstruction of any stream in the city of Rome. Wharves. (30) To require the owner or occupant of any property abutting on any street, lane or alley or public place to keep the sidewalk adjacent thereto clear of obstructions, snow, trash, or any vegetation, and to provide a penalty for a failure so to do. Street obstructions. (31) To prevent immoderate, reckless, and careless driving or riding, or regulate the use of the streets and alleys by vehicles and to designate the kinds of conveyances and vehicles that may not be used on certain named streets that have been improved, and designate hours for the use of such streets by certain specified classes of vehicles; to prevent the obstruction of streets, alleys, squares, sidewalks, and crossings with buildings, fences, or other structures, vehicles, horses, or any substance or material whatever interfering with the free use of the same and to compel the removal of any such obstructions; to regulate the speed of horses, bicycles, automobiles and other vehicles, cars and locomotives; to regulate and protect all bridges, culverts, tunnels, viaducts, aqueducts, sewers, canals, water mains, and hydrants in said city; to prohibit and regulate digging in the streets, alleys or public places or in any way injuring or disturbing the surface thereof; to regulate and prevent the throwing or depositing of sweepings, dust, ashes, offal, dirt, garbage, paper, hand-bills, slops, liquids, or any materials on any street, alley, or public

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place; to regulate and prevent the use of streets, sidewalks and public places for signs, sign posts, horse troughs, hitching posts, scales, steps, railings, entrances, racks, or for posting hand-bills and advertisements, or for placing or piling of goods, boxes, or other materials, or the display of goods, wares and merchandise; to regulate and prohibit the exhibition or carrying of banners, placards, advertisements or hand-bills on the streets, alleys, or public places; to regulate and prohibit the flying of banners, flags or signs across the streets, or from houses or other buildings; to regulate the numbering of houses and lots and compel owners to renumber the same; to regulate the making of private connections with sewer, gas, water and other like pipes and public conveniences and to compel owners of property to bring such connections inside the curb of streets; to authorize the board of public works or other agents of the city to keep all streets and alleys clean and free from obstruction to public travel; to name or change the name of any street, alley, or park. Control of streets. (32) To prohibit, condemn, regulate, tax and license coaches, hacks, drays, automobiles, and all other vehicles. Licenses. (33) To regulate, license, tax, restrain and prohibit theatrical and all other exhibitions, shows or entertainments. (34) To license, tax, regulate, and prohibit drummers and drumming at railroad stations, or at other public places. (35) To regulate the sale of all kinds of property at auction in the streets, stores, shops, or elsewhere in the city and to license auctioneers.

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(36) To license, tax, regulate, suppress and prohibit hawkers and itinerant dealers, peddlers and pawn-brokers, and to revoke any such license. (37) To license, tax and regulate public hackmen, omnibus drivers, carters, cabmen, posters, expressmen, bill posters, and all other persons pursuing like occupation for pay or hire, and to prescribe their compensation and revoke any license. (38) To license, tax, regulate, and prohibit all billiard rooms, pool rooms, ten-pin alleys or other such alleys, inns, taverns, hotels, restaurants, lunch stands, or other places kept for public entertainment. (39) To regulate and license lumber yards, livery stables, and public sales. (40) To tax, license and regulate dealers in secondhand goods, junk dealers, pawn-brokers, and to forbid persons engaged in any such business from purchasing or receiving any article whatever from minors without the consent of their parents or guardians. (41) To license, regulate and prohibit the keeping and harboring of dogs. (42) To regulate and prevent the keeping of milch cows. (43) To license, tax, regulate and prohibit itinerant physicians and venders of medicines and other articles. (44) To preserve peace and good order, prevent vice and immorality, quell riots and disperse disorderly assemblages; to prevent cruelty to children and to animals; to suppress gaming and gaming houses and places or houses of ill fame and assignation houses, or houses

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kept for any immoral purpose; to prohibit gaming and to destroy any instruments or devices of gaming, and to restrain fraudulent practices; to license, tax, regulate, restrain or prohibit all tables, machines, devices or places of any kind for sport or games; to regulate the time and place of and restrain or prohibit bathing in the rivers of the city; to direct the location and management of public bath houses and to license the same or require the same to be closed if deemed expedient; to restrain and punish vagrants, itinerants, idlers, mendicants, street beggars, common prostitutes and their associates, thieves, criminals and persons known to be reputed as such. For these purposes the city is given jurisdiction for two miles from the corporate limits thereof. General welfare. (45) To secure the safety of citizens and other persons in the running of trains or cars in and through the city, whether propelled by steam, electricity, or other motive power; to require persons or corporations owning or operating railroads to fence their respective roads and to construct cattle guards and street crossings at the intersections of public roads, and streets, and to keep the same in repair and safe condition for persons on foot, in vehicles or otherwise; to require such persons and corporations to construct and maintain gates and keep flagmen at railroad crossings and to provide protection against injury to persons or property from the operation of such railroads, trains or cars; to require any railroad company running a car, engine or train of cars, over any street in the night time to maintain a street light at such crossings; provided, that the city shall not have the right to require such railroad company to maintain any different kind of light at such

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crossings from that maintained by the city at other street crossings; to authorize and require railroads, interurban or street car companies to change the location, grade and crossing of their respective railroads, to compel them to lower or raise their tracks so as to conform to any grade that may be established by said city; to compel persons or corporations owning or operating railroads to construct and maintain bridges, viaducts, tunnels, and approaches thereto, across their respective railroads or rights of way at streets, alleys, crossings, or other public places; to compel railroads, interurban and street car companies to so construct and maintain their tracks in the streets and at crossings as not to interfere with the drainage of streets and alleys, and to keep the tracks on grade level with the streets; to require railroad, interurban or street car corporations, or persons owning or operating such roads to keep gutters and street crossings clean along their right of way; to prohibit the laying of railroad tracks across or upon any street, alley or public place without permission first obtained therefor from the mayor and council, and to provide for the taking up and removing of any track so laid without notice, and charge the expense thereof against the offending persons or corporations; to require railroad, interurban and street car companies now occupying or that shall hereafter occupy with their tracks any of the streets, alleys, or other public places of the city, to improve, in such manner as the mayor and council may direct, so much of the streets, alleys or other public places as is occupied by such tracks and two feet on each side thereof, and in case there are two or more, to require such railroad, interurban and street car companies to improve also the

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space between such tracks and to cause such improvement to be made and assess the costs thereof against such railroad, interurban and street car companies and make such assessments a lien on the property of such company and collect the same in the same manner as against other property in said city; to compel persons or corporations owning and controlling railroad, interurban or street car companies, to keep their depots, stations or other places where passengers get on and off the cars, lighted, heated, cleaned and kept in good, comfortable condition, and in default thereof to provide a punishment for their violation of its ordinances in relation thereto, and to compel interurban and street car companies or persons operating or controlling the same, to use all modern equipments for the safety, comfort and convenience of the public. Control of railroads. (46) Said corporation shall have absolute power to prohibit or regulate the sale and dispensing of all spirituous, vinous, malt and alcoholic liquors, near beer, or any imitation or substitute for the foregoing, within the corporate limits of the city; provided, however, said mayor and council shall, under no circumstances, grant a license to any person, firm or corporation to sell or dispense within the corporate limits of the city of Rome any spirituous, vinous, malt or intoxicating liquors, or near beer, or any substitute for or imitation of any of said liquors or near beer, except under the following regulations: Sale of intoxicants. 1st. That the State of Georgia shall first grant a license for such sale or dispensing. 2nd. That the person, firm or corporation applying for license to sell or dispense such liquors or near beer,

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or substitute for or imitation of same, shall pay to the city of Rome a license of one thousand dollars ($1,000) per annum for each place of business for such sale or dispensing, which license shall not be transferable nor subject to any rebate for any reason whatever. 3rd. That the person, firm or corporation, before beginning said business, shall enter into a good and solvent bond in the sum of two thousand dollars ($2,000), to be approved by the bond commissioners of said city, conditioned to obey the laws and ordinances of the city of Rome and of the State of Georgia, regulating the sale or dispensing of such liquors, near beer, or any substitute for or imitation of the same. 4th. That any person, firm or corporation violating the laws of said State or ordinances of said city regulating the sale or dispensing of such liquors or near beer, imitation of or substitute for same, shall forfeit said license, and upon conviction thereof in the recorder's court, or State court, it shall be the duty of the marshal of said city to immediately close up said business. 5th. That no such liquors or near beer, or imitation of or substitute for same, shall be sold in less quantities than one pint, in sealed packages, with the contents of the same plainly stamped upon the same, with the name of the manufacturer thereof; and none of said liquors or near beer or substitute for or imitation of same shall be drunk upon the premises or in any room or building connecting therewith. 6th. That no other business shall be carried on in the same place, nor shall there be any screen, tables or chairs allowed in said house.

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7th. That no minor or woman shall be allowed to enter said place of business. 8th. Said place of business shall not be opened before sunrise nor remain open after sunset. 9th. That the applicant for said license shall present with his application the written consent of all the owners of property adjoining the place where the business is proposed to be carried on. (47) To lay out, establish, plot, open, widen, narrow, straighten, extend, improve, grade, pave, macadamize, keep in order, or otherwise change, light, clean and sprnkle streets, alleys, public grounds, buildings, wharves, landings, docks, bridges, viaducts, market places and other places within the corporation; and whenever the mayor and council shall exercise or desire to exercise the power of establishing, plotting, opening, widening, narrowing, straightening, extending, or to do anything else which would involve the actual taking of private property, they shall proceed to do so as is now provided by the laws of the State of Georgia, in Sections 4657 to 4686 inclusive, of the Code of Georgia of 1895, and the amendments thereto, and any amendment that may hereafter be made thereto. Street improvements. (48) To maintain the waterworks system of the city; to make new additions by the construction of wells, pumps, cisterns, aqueducts, water pipes and reservoirs, and for the protection thereof to prevent unnecessary waste of water, and to compel the consumers thereof to provide meters designated by the authority in charge of the waterworks; to prevent the pollution of the water and to apply the money received as charges for water

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to the maintenance, construction, enlargement and extension of the works and to the extinguishment of any indebtedness created therefor, and for other purposes; and to supply applicants for water outside of the city within two miles of the corporation. And to establish, maintain and operate municipal lighting, power and heating plants, and to establish, maintain and operate gas plants, and to furnish the municipality and inhabitants thereof with gas, electric power and lights and heat, and to acquire by purchase, lease or otherwise the necessary lands for such purposes within and without the municipality. For the purpose of this paragraph the jurisdiction of the city is extended two miles from the corporate limits. Water and light. (49) To establish, erect, maintain and regulate a city hospital; to rent, lease or make other arrangements with private hospitals; to open, construct and keep in repair garbage and sewerage disposal works, sewers, drains and ditches; to establish and regulate water closets and privies within said city. Hospitals and sewerage. (50) To regulate the construction, maintenance and repair of conduits, pipes, wires, poles, plants, and all other equipment used or to be used for lighting, heating, telephone, telegraphic purposes or for the generation, conveyance or application of electricity, gas or heat. Gas and electricity. (51) The said city of Rome, except where otherwise provided by law, shall have exclusive powers over the streets, alleys, water courses, sewers, drains, bridges, and public grounds, within said city, and the mayor and council may, by ordinance, prescribe the height, width, and manner of constructions of all bridges, and may construct and establish sidewalks and street crossings;

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said city may also drain or fill up wells, ponds, cellars, or low grounds, or compel the owner to do so; and may also provide for and control the construction of all drains, and laying all pipes and the erection of poles and wires in said city, and may provide for the assessment of the cost of any such improvement upon the property thereby benefited, or for the payment of such costs out of the treasury of the city. Said city may also cause buildings, structures or other things in the way of any street, sewer or other public improvement, to be taken down, removed or appropriated, upon payment of damages as provided by law; and may enter upon, seize, appropriate and condemn for streets, alleys, sewers, drains, parks, cemeteries, or other public purposes, all lands, easements and rights of way, of any persons, company or corporation owning, controlling or having an interest in any steam railroad, electric, or other street railway, or any other property, whether used for private or public purposes, and whether such lands, easements and rights of way or other public or private property be occupied by any person, company or corporation or not upon payment of damages for the purpose so taken. And in case the parties at interest cannot agree, then the city may proceed to assess the damage as provided by the laws of Georgia set out in Sections 4657 to 4686 inclusive, of the Code of 1895. Streets etc. (52) To elect at the first meeting in April, 1910, and biennially thereafter, and to prescribe the duties and powers, except as specifically provided by this charter, of a clerk of council, city treasurer, mayor pro tem., city attorney, city physician, recorder, tax receiver, sexton, sanitary inspector, and building inspector, who shall each hold office for a term of two years, or until

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his successor is elected and qualified, unless removed for cause, to be judged of by the mayor and city council. The mayor and council shall also appoint or select such other officer or officers as the interest of the city may demand, who may be discharged from office at any time at the option of the mayor and council, without any cause being assigned for the same; provided, however, said mayor and council may at any time they deem expedient, create any office and elect a person to fill the same. All officers shall receive reasonable salaries, to be fixed by the mayor and council prior to their election, which shall not be increased or diminished during their continuance in office. Before entering upon the discharge of their duties, all officers, whether elected or appointed, shall take and subscribe to an oath, in addition to any specified oath for that particular office, that he will faithfully perform the duties of his office. The said clerk of council, city treasurer, city sexton, tax receiver and such other officers as the mayor and council may designate, shall each enter into a bond, with good security, subject to the approval of the finance committee, payable to the city of Rome, in an amount to be fixed by the mayor and council, for the faithful performance of the duties of his office. The said clerk of council may also be required to perform the duties of tax collector, and for such services shall receive such compensation for all insolvent tax fi. fas. and costs as the mayor and council by ordinance shall establish. Municipal officers. (53) To compel any person, firm or corporation, having or maintaining telegraph, telephone, or electric light poles, previously erected, or which may hereafter be erected on the streets or sidewalks, to remove the same to any place designated by the mayor and council,

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or to remove the same from the streets or sidewalks of the city, and to place their wires underground; and in case of failure to do so within a reasonable time, to be judged of by the mayor and council, to have the same done and to assess the cost thereof against such person, firm or corporation, and to provide the means and manner of collecting the same, and to provide a penalty for the failure to comply with the requirements of this Section. Electric wires. (54) To grant franchises, permits, easements, and rights of way, in, on, under, and over, the streets, alleys, lanes, sidewalks, parks, and other property of the city, upon such terms, reservations and conditions as the mayor and council may fix; provided, however, that the same shall not be granted for longer term than twenty years, nor without compensation to the city. Franchises. (55) To compel all persons living or coming within the city limits to be vaccinated, and to provide the means and manner thereof. Vaccination. (56) To have, maintain, and regulate a fire department, either paid or volunteer. Fire department. (57) To authorize and empower the police to enter and if necessary to break open any place, when in the opinion of the mayor, chairman of police committee or chief of police, there is a reasonable cause to believe there is a gambling house or blind tiger being operated, or that spirituous, vinous or malt liquors are being sold or dispensed contrary to law, and to seize and destroy any gambling paraphernalia or stock of liquors found in such place, and to provide for the abatement of any such place as a nuisance. Gambling houses and blind tigers.

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(58) To provide, maintain, and regulate a police department, and prescribe their duties. Police. (59) To provide forms of accusations, warrants, summons, and other papers necessary in trials for the violations of the laws and ordinances of said city to prescribe the manner of procedure in such trials. Accusations etc. (60) To regulate and prohibit the cutting, injuring or otherwise mutilating any shade tree, or the stringing or placing of wires in, on or near the same, and to compel the removal of such wires or to remove the same and assess the cost against and to provide for the collection thereof out of the person, firm or corporation maintaining the same. Shade trees. (61) To re-arrange, increase or diminish the number of wards, and fix the boundaries of the different wards of the city, if found necessary or expedient, and to establish as many voting precincts as the mayor and council may deem proper. Wards. (62) To establish and fix a permanent grade for streets and sidewalks and to provide the manner of fixing and determining the same; to establish and fix a system of grading and drainage of the streets, lanes and alleys of said city; to require property owners to lay down pavement or sidewalks, to make up old pavements or sidewalks, immediately adjacent to their property, and to lay down such pavement or sidewalk as may be adopted by the mayor and council, and upon failure of any person to comply with the same without the time prescribed, to have the said work done, and levy and collect the expense thereof by execution against the lands and goods and chattels of the owner of the said property. Grades and drainage.

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(63) To prescribe by ordinance adequate penalties for all offenses against the ordinance of said city, and to punish offenders by fines not exceeding one thousand ($1,000) dollars, or imprisonment in the calaboose not exceeding six months, or by compelling them to work on the streets or public works of the city not more than six months, any one or more, or any part of any one or more of said punishments, in the discretion of the officer trying the offender. Penalties. (64) To issue bonds, incur debts, and increase the tax for ordinary current expenses, upon compliance with the laws of the State in reference thereto. Debts and taxes. (65) To authorize the marshal to levy and collect fi. fas. for taxes and fines due the city of Rome, and all other fi. fas. that may be issued under authority of this charter, and for these purposes to follow the property upon which said taxes may be assessed to any point in Floyd county to advertise and sell property so levied on, and make title to the purchasers and put them in possession of property so sold, under the same rules and regulations that govern the sheriff and his deputies at sheriff's sales; and to prescribe by ordinance the duties of said marshal and also deputy marshal. Collection of taxes, etc. (66) To authorize and empower any member of the council whenever from any cause the recorder of said city cannot be in attendance, to hold the recorder's court, and to fix by ordinance the manner in which said member may be called on for this duty. Recorder's court. SEC. 28. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said city of Rome, including the payment of bonds, interest on the bonded debts, and the

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creation of a sinking fund for the final extinguishment of said bonded debt, and for paving and macadamizing streets, the mayor and council 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 owned or held within the corporate limits of said city, which, under the laws of the State, is subject to taxation, not exceeding one and one-fourth per cent. of the assessed value of all such property; provided, that in addition thereto they shall have power and authority to levy and collect an ad valorem tax of one-fourth of one per cent. on all such property, to be known as the public school tax. Ad valorem tax. SEC. 29. Be it further enacted, That it shall be the duty of the mayor and council to set aside annually the sum of ten thousand dollars ($10,000) as a sinking fund to retire the bonded debt of this city, five thousand dollars ($5,000) to be applied to what is known as the public improvement bonds, and five thousand ($5,000) to the other bonded indebtedness of the city. Sinking fund. SEC. 30. Be it further enacted, That said mayor and council 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, or who is engaged in, prosecuting or carrying on any trade, business, calling, vocation or profession in the corporate limits of said city, by themselves or their agents, to register their names, business, calling, vocation or profession annually, and to require said person, company or corporation to pay for said registration and for license to prosecute, engage in, or carry on any business, calling or profession,

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such amount as the mayor and council may provide by ordinance, not to exceed one thousand dollars ($1,000). Said mayor and council 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 licenses for same, who engage in, or attempt to engage in, such business, profession or occupation before paying said taxes or taking out said license or who fail to comply in full with all the requirements of the said ordinance made in reference thereto. Registration tax. SEC. 31. Be it further enacted, That said mayor and council shall have the power and authority to alter and fix the time for making tax returns and to provide for the collection of taxes quarterly, semi-annually, or yearly, and to have the assessment of property made in accordance therewith. Tax returns. SEC. 32. Be it further enacted, That the annual expense of the city of Rome shall be so restricted as not to exceed the annual income of the city after paying the interest on her bonds and providing a sinking fund for the final payment of the principal of said bonds. Expense and income. SEC. 33. Be it further enacted, That the said mayor and council shall make, or cause to be made, an annual assessment on city property which assessment shall in all cases be made at a fair market valuation of the same, so that the returns of the assessors can be completed and handed in by the first day of April of each year, and after all other returns for taxation shall be made, which, in all cases, shall be the sworn returns of personal property, to be made by the first day of May each year. Upon the return of the assessors being handed in, as above provided, the said mayor and

Page 1293

council shall, by the fifteenth day of May thereafter, cause an estimate to be made up and entered on the minutes, showing the gross amount of the income of the city for the fiscal year and shall apportion and set apart the same for necessary expenditures for interest on bonds, redemption of bonds, streets and sewerage, public buildings and grounds, city lighting, salaries, waterworks, fire department, cemetery, police, contingent expenses, public schools, sanitation and health, and for paving and macadamizing, and such other purposes as are allowed by law or prescribed by ordinance which several sums, taken in the aggregate, shall not exceed the amount of income from all sources for the year in question. Assessments for taxation. SEC. 34. Be it further enacted, That the annual appropriations as made by the council may be varied as to amount distributed to the several heads, but these variations are not to retroact on time expired, and not to enlarge in any manner the aggregate appropriations for the year, and no money shall be appropriated from the city treasury except by resolution of the mayor and council as herein provided, which shall be void unless it specifies upon its face upon which of said funds it is drawn; and the said mayor and council shall be individually liable to the city for the refunding of any amount appropriated or expense incurred in excess of said limit, when present at the voting of the same, except such of them as escape said liability by calling the yeas and nays and voting in the negative and the names entered on the minutes, the amount thereof to be recovered in an action brought in any of the courts of this State having jurisdiction thereof, in the name of the clerk of the council for the use of the city, and ten

Page 1294

per cent. of the recovery shall be his compensation; and if he fails to bring said action within ten days, the said sums may be recovered of him and his bondsmen at the suit of any citizen, and no action brought under this Section shall be settled without the consent of the judge before whom such suit is pending upon exhibit of all the facts, and such consent entered on the minutes; and in order that the said mayor and members of the council may know at all times the true financial condition of the city, the clerk shall prepare and read and enter upon the minutes at the opening of each regular session, a balance sheet showing the gross revenue of the fiscal year, and expenses voted by council up to that time, and also the amount of the said several sums estimated as aforesaid and what part of the same has been up to that time appropriated, and what part remains unappropriated. Appropriations. SEC. 35. Be it further enacted, That the mayor and council of said city shall have power and authority to borrow money by making a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein in any one year; and it is further enacted, that the sum or sums so borrowed shall be repaid out of the income of the city for the fiscal year in which the loan or loans are made, and before the expiration of the fiscal year in which the same was or were borrowed. Loans for casual deficiencies. SEC. 36. Be it further enacted, That there shall be a bond commission for the city of Rome, Georgia, the same to consist of three upright and discreet business men, who shall be residents, citizens and freeholders

Page 1295

of said city, and shall serve without salary, whose duties shall be to keep a correct record of the bonded debt of said city, showing who holds the bonds, when the same are due, the rate of interest on same, and such other information as will tend to identify said bonds, and shall list the same in a book to be kept for that purpose; and whenever any new bonds are issued for said city, to list the same in said book, giving the date of issue, date when due, rate of interest, number, series, denomination and to whom sold. It shall also be the duty of said bond commission to pay in the manner hereinafter provided all lawful bonds of said city, and the interest upon the same, whenever due; to invest any or all of the money placed to its credit as hereinafter provided, in bonds of said city of Rome, or, if the same cannot be obtained at a reasonable market price, then in valid State, county or municipal bonds, and it shall have the power to dispose of the same and reinvest the proceeds thereof in similar bonds whenever they think the same to the best interest of said city; and whenever said bond commission shall desire to purchase any of said bonds, it shall authorize a draft to be drawn on the treasurer for the money, to be signed by the clerk and countersigned by the chairman of said commission, specifying to whom paid and for what purposes. The said bond commission shall keep minutes of all its proceedings, acts and doings, which must show a record of all warrants drawn, the date thereof and amount, in whose favor drawn, and for what purposes. They must select a chairman from among their own number, and in determining all questions coming before said commission a majority vote shall be sufficient. Bond commission.

Page 1296

SEC. 37. Be it further enacted, That the present bond commissioners shall be continued in office till the expiration of the terms for which they were respectively elected. Their successors shall be elected by said mayor and council of the city of Rome at their first regular meeting in September preceding the expiration of any such term for a term of six years. The said commissioners shall hold office until their successors are elected and qualified. Present commissioners. SEC. 38. Be it further enacted, That the clerk of council shall keep an account on his books with said bond commission; and it shall be his duty to keep a separate account of all taxes levied and collected for the purpose of paying the bonded debt of said city when due and the interest on the same, as well as such other sums as may be appropriated by the mayor and council of said city from time to time for this purpose from other sources of revenue; and as soon as practicable, after the collection or appropriation of said sums, he shall pay the same to the city treasurer, taking his receipt therefor, which shall be the voucher of said clerk and shall at the same time, notify the chairman of said bond commission, in writing, of the same. Account of commission. SEC. 39. Be it further enacted, That the said clerk of council must report at each regular meeting of said council, and at such other times as he may be called upon to do so by the said mayor and council, the amounts paid over to the said city treasurer for the use of said bond commission, and shall enter the same upon the minutes of council. The said clerk of council shall not use any of the money so collected or appropriated for the use of the said bond commission for any other

Page 1297

purpose whatever; and should he fail to pay over the same promptly to the said city treasurer, for said purposes, he shall be personally liable to said the city of Rome, on his bond, and the said bond commission are hereby authorized, and it shall be their duty, to institute suit upon said bond to recover same for the purposes for which it was collected or appropriated. Duties of clerk. SEC. 40. Be it further enacted, That whenever any funds shall be deposited with the city treasurer as hereinbefore provided, he shall enter the same to the credit of said bond commission upon a separate account opened on his books for that purpose, and it shall be his duty to pay out the same upon the warrant of said bond commission hereinbefore provided for, the said warrant to be his voucher for said sum, and to be filed as such. In case the treasurer should pay out any of funds in any other manner than herein provided, he and his bondsmen shall be liable to said bond commission in the same manner and extent as the clerk of council, as hereinbefore provided. It shall also be the duty of said treasurer to transfer to said account whatever may be to the credit of the sinking fund and fund for interest on public debt at the time this Act becomes effective. Duties of treasurer. SEC. 41. Be it further enacted, That whenever the said bond commission takes up any bonds or coupons of the city of Rome, they shall at once cancel the same and then turn them over to the clerk of council, taking his receipt therefor, specifying in said receipt the number of each bond and coupon, its date, date when due, and such other general description as will fully identify the same. Payments of bonds.

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SEC. 42. Be it further enacted, That it shall be the duty of said mayor and council to provide said bond commission with all necessary funds to defray the expenses of said commission; that the said commission shall hold its meeting in the office of the tax receiver of said city, hereinafter provided for, who shall be exofficio clerk of said bond commission, and whose duty it shall be to keep the minutes and all necessary books of said commission, and perform such other duties as may be imposed upon him by said bond commission in carrying out the provisions of this Act. Expenses of bond commission. SEC. 43. Be it further enacted, That it shall be the duty of said bond commission to make a full and complete report of all matters pertaining to said bonded indebtedness and of their actings and doings to the said mayor and council at the last meeting in March of each year, and at such other times as the said mayor and council may call for the same; that the books and papers of the said bond commission and of the clerk of council and city treasurer in regard to said bonded debt, shall, at all times, be open to the inspection of said mayor and council or such persons as they may designate to inspect and audit the same. Reports of bond commission. SEC. 44. Be it further enacted, That it shall be the duty of the clerk of council to record all bonds given by city officials on the minutes of council and shall then deposit the same with the said bond commission, whose duty it shall be to keep the same safely and securely subject, however, to inspection by the said mayor and council, or such other person as they may designate to inspect the same. Official bonds.

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SEC. 45. Be it further enacted, That the said mayor and council are hereby authorized to appoint an auditor for said city, whose duties shall be to thoroughly examine and audit the books of all city officials, and all institutions in which the city of Rome has a financial interest, at least once every three months, and make reports of same to said mayor and council to be spread upon the minutes. Auditor. SEC. 46. Be it further enacted, That the said mayor and council are hereby authorized and empowered to levy a tax upon all property, tangible or intangible, and require a license upon any business, profession, occupation, trade, or calling upon which the State levies a tax or requires a license, unless expressly prohibited by the constitution and laws of Georgia. Taxing power. SEC. 47. Be it further enacted, That the said mayor and council are hereby authorized and empowered to elect a food inspector for said city of Rome, and to fix by ordinance his term of office, compensation and duties. The said food inspector when so selected, shall have authority to visit all dairies, butcher pens, or places where animals are slaughtered within the county of Floyd, the products of which are offered for sale within the corporate limits of said city of Rome, and to condemn the same in accordance with such rules and regulations as may be provided by said mayor and council by ordinance; and when such establishments have been so condemned or application for inspection has been refused, it shall be unlawful for any person to sell or offer for sale, the products thereof within the corporate limits of the city of Rome, and the said mayor and council are authorized and empowered to pass ordinances

Page 1300

prescribing penalties for a violation thereof; and he shall also have authority to inspect all meats, vegetables, fruits, milk and other food products offered for sale within the corporate limits of said city, and to condemn and have same destroyed, in accordance with such rules and regulations as may be provided by said mayor and council by ordinance. Food inspection. SEC. 48. Be it further enacted, That there shall be a tax receiver for said city of Rome, whose term of office shall be two years, or until his successor is elected and qualified. The present tax receiver shall continue in office till the expiration of the term for which he was elected, subject to removal under the provisions of this charter. Said tax receiver shall be a qualified voter of said city, and shall be elected by the mayor and council in the same manner and at the same time the mayor and council shall elect other officers of said city. The said tax receiver shall keep and maintain an office at the city hall, or such other place as the mayor and council may provide, and shall be ex-officio clerk of the board of assessors of said city. His duties shall be as follows: Tax receiver. (a) To receive returns of taxes on personal property within the time and manner prescribed by the city ordinances, and report the same to the board of assessors, who shall pass upon them as provided by law. Duties. (b) To search out defaulters in said city who fail to return their property for taxation as required by law, or who undervalue the same, and report the same to the board of assessors. (c) To make out and perfect two digests in plain, legible and neat writing and figures of all property so returned to him for taxation, and then completed to

Page 1301

furnish one to the city clerk and tax collector, and retain the other in his office, subject at all times to the inspection of the board of assessors and the said mayor and council, or such person as they may designate to inspect the same. (d) To keep a book for the registration of all persons who do business of any kind in the city, subject to a license tax or permit, and to require all such persons, firms or corporations to register their said business and to classify the same, giving the exact location at which said business is conducted, the character of said business, and whether required to take out one or more licenses, and to search out all persons, firms or corporations who fail to so register and take out licenses, or who attempt to carry on a business other than that for which they take a license. (e) To make up a list of every person in said city subject to street tax a copy of which shall be furnished to the clerk of council and tax collector, and the original retained in his office, subject to the inspection of said mayor and council and the marshal of said city at all times. SEC. 49. Be it further enacted, That no license or permit to do business required by the charter and ordinances of said city shall be valid unless the tax receiver has indorsed upon the same that the said person, firm or corporation taking out the same has registered in his office in compliance with the terms of this Act, and any person who does or attempt to do business of any character for which a license or permit is required, without complying with this Section, may be arrested

Page 1302

for a violation of the same and punished in such manner as may be provided by ordinance of said city. Payment of special taxes. SEC. 50. Be it further enacted, That the mayor and council are hereby authorized and empowered to pass such ordinances regulating and prescribing additional duties and compensation of said tax receiver as may seem to them for the best interest of said city, and not inconsistent with the constitution and laws of this State, the said compensation not to exceed two per cent. of the tax upon the amount returned to said tax receiver for taxation prior to the date fixed in the charter and ordinances of said city for said returns, and not to exceed five per cent. of the tax upon the amount added to said digest by said tax receiver after said date, as hereinafter provided. Compensation of tax receiver. SEC. 51. Be it further enacted, That if any person, firm or corporation fails to return their property for taxation, or secure a license or permit to do business, or pay street tax, at the time prescribed by the charter and ordinances of said city, it shall be the duty of said tax receiver, as hereinbefore provided, to search out and require the same to be done, and double tax the same as a penalty for said default, as is in this charter provided. The said tax receiver shall keep a separate book in which all such delinquent returns, licenses, permits, and persons subject to street tax, shall be entered, and he shall furnish a copy thereof to the said clerk of council, and tax collector; and it shall then be the duty of said tax collector to collect the same, including all costs accrued thereon, and the tax receiver shall be entitled to five per cent. of the taxes so collected, as his compensation for searching out said delinquents. Tax defaulters.

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SEC. 52. Be it further enacted, That from and after the passage of this Act, it shall be the duty of the clerk of council and city tax collector to make a full report to the finance committee of council of all taxes due and uncollected on the first half of taxes on the first day of October in each year, and shall make a full report of all taxes remaining uncollected on the first day of January in each year, and on the first Monday in March of each year it shall be the duty of said clerk of council and tax collector to make a final settlement for the fiscal year with said finance committee. It shall be the duty of said finance committee to pass upon all matters pertaining to said settlement, and to allow to said city clerk and tax collector such credits for errors as may have been allowed by council, and such credits for insolvent taxes as he shall show to their reasonable satisfaction can not be collected; provided, however, that nothing in this Act shall be construed as in any way repealing any power on the part of said clerk of council and tax collector to issue fi fas for all amounts not paid in accordance with the charter and ordinances of said city; nor in any way to restrict the duty of the marshal of said city to levy fi fas and collect the money due thereon by the sale of property or otherwise, as provided in said charter and ordinances. Reports of clerk and tax collector of unpaid taxes. SEC. 53. Be it further enacted, That the said tax receiver, before entering upon the discharge of his duties, shall take and subscribe in the manner provided in the charter of said city, an oath to faithfully discharge all the duties of said office, and he shall give a bond payable to the city of Rome and conditioned for the faithful performance of his duties, in such sum and

Page 1304

with such security as the said mayor and council may prescribe by ordinance. Oath and bond of tax receiver. SEC. 54. Be it further enacted, That the mayor and council shall have full power and authority to elect, at the same time other city officers are elected, three persons, freeholders, residents and citizens of said city, city assessors, who shall hold their offices for two years, unless removed by the mayor and council for cause to be judged by them. It shall be the duty of said assessors to assess the value of all real estate at a fair market valuation within the corporate limits of said city; shall make a return to the mayor and council by the fifteenth day of March in each and every year; and the said mayor and council shall place said assessment so returned in the hands of the clerk of the council of said city, who shall enter the same in his books with other taxes, and the same shall be collected as other taxes of said city; provided, that parties dissatisfied with the assessment of their property by the tax assessors may have the same reviewed by the assessors, by filing with the clerk of council an affidavit that the valuation fixed is excessive, and that the property is not worth the amount assessed, and upon said affidavit being filed, the assessors can reconsider their assessment and their report shall be final, unless the party being still dissatisfied, should appeal to the mayor and council, which appeal to the mayor and council shall be allowed and heard only in the manner prescribed as follows, to-wit: Any party dissatisfied with the review and report of the assessors as described above, may at once file with the clerk of the council, a statement of his objections, with a request to be heard by the mayor and council upon the matter complained of. Upon the filing of said

Page 1305

statement and request, which shall be addressed to the mayor and council, it shall be the duty of the clerk to notify the mayor, or in his absence or disqualification, the mayor pro tem., who shall call a meeting of the council at the earliest time practicable, at which meeting of the mayor and council they shall proceed to fix a day and hour not later than the first of April in any year, at which time all appeals from assessors herein contemplated must be heard. It shall be the duty of the clerk to give prompt and timely notice of the day and hour fixed for hearing appeals, to all parties who have filed their statement and request as aforesaid, as well as to the board of assessors. All appeals from the assessors to the mayor and council shall be heard on the day designated by the mayor and council for hearing appeals, unless continued to another time, and the decision thereon shall be final. Tax assessors. SEC. 55. Be it further enacted, That the said assessors, before they enter on the discharge of their duties, shall take and subscribe to an oath before the mayor to faithfully and truly assess all the real estate within the corporate limits of the said city, at its fair market value, and to return such assessment to the mayor and council thereof, and shall receive for their services such sums as the mayor and council shall order. Oath of tax assessors. SEC. 56. Be it further enacted, That the city assessors or the tax receiver 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, their production is necessary in determining whether or not a correct return has been made. Tax returns.

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SEC. 57. Be it further enacted, That in case any property which is subject to taxation was not assessed or returned for taxation, or for any reason has not been assessed or returned for taxation and taxes collected thereon in any year past, the city tax assessors may at any time assess said property for said year or years, and it shall be the duty of the tax collector to issue executions therefor as in other cases, and also collect the penalties thereon as provided by this charter. Back taxes. This Section shall apply to the assessment of property which before the passage of this Act 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 assessment or return and the collection of taxes thereon omitted in any year. The mayor and council shall provide by ordinance for notice to parties whose property is to be assessed for back taxes, and the hearing of any complaint, and the penalty herein referred to shall be a double tax to be assessed and collected on said property. SEC. 58. Be it further enacted, That it shall be lawful for the marshal, deputy marshal, or any policeman of said city, to arrest with or without warrant, subject to the general laws of the State, 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 of the ordinances of said city and to hold such persons so arrested until a hearing of the matter before the proper officers 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,

Page 1307

for a reasonable length of time. Said officers are authorized to the same extent as are officers of this State, to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State; and are hereby vested with all the powers given to sheriffs of this State as to the pursuit, arrest, and detention of persons charged with crime. The said officers are also authorized to arrest anywhere within the limits of the county of Floyd, any person charged with violating any of the ordinances of said city; provided, when the arrest is not made within twenty-four hours after the offense is committed, they 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 recorder. The said marshal, deputy marshal, and policemen of said city may take bonds for the appearance of persons arrested by them, for appearance before the recorder's court for trial, and all such bonds may be forfeited as provided in this charter. Arrests. SEC. 59. Be it further enacted, That the mayor and council shall have the power to authorize by ordinance the marshal, or any policeman of said city, to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, and any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. SEC. 60. Be it further enacted, That it shall be the duty of the recorder to preside over the municipal court, with full power and authority to issue warrants for the violation of any municipal ordinance, and to

Page 1308

hold such court, and at such times and places, and under such rules and regulations as may be prescribed by ordinance for the trial of offenders against the ordinances of the city, and to impose such penalties for a violation thereof as may be prescribed by ordinances; and he shall have all the power and authority incident to, or belonging to the office of justice of the peace, except for the trial of civil cases. Recorder. SEC. 61. Be it further enacted, That the city of Rome is hereby authorized to erect and operate an electric light and power plant, to be owned by said city; with authority to furnish lights and power for the streets and other public places of said city and, in the discretion of its mayor and council, to furnish lights and electric power to private persons within said city and its vicinity; and to charge and collect for the use of such private lights and power. Electric plant. SEC. 62. Be it further enacted, That for the purpose of erecting said electric plant said city of Rome shall have authority to issue bonds, not to exceed the sum of $40,000.00, to bear interest at not exceeding the rate of 5% per annum; said bonds and interest to be payable at such times and in such amounts as the mayor and council of said city may by resolution determine; provided, however, that said bonds shall not be issued by said city of Rome until an election has been held to authorized such issue, under the terms of the Constitution and laws of the State of Georgia providing how municipal authorities may incur debt. Bonds for electric plant. SEC. 63. Be it further enacted, That the mayor and council of the city of Rome are authorized to erect and operate said electric plant out of any funds not specially

Page 1309

appropriated which may come into its hands by virtue of the present taxing power of said city, or by virtue of the sale of the bonds hereinbefore provided for; and the said mayor and council have authority to make a contract with any person or persons who may erect said plant and pay for the same, in whole or in part, in said bonds, the same to be received by said persons at not less than par value. And said mayor and council are hereby authorized to levy a special tax, in addition to the tax now authorized by law upon the real and personal property of said city as will raise a sufficient amount of money to pay for the erection and operation of said plant. The tax herein authorized to be levied shall in no event exceed one-half of one per centum upon the real and personal property of said city, and the same may be collected in quarterly, semi-annual or annual installments, as the mayor and council may determine. Electric plant. SEC. 64. Be it further enacted, That the mayor and council of said city of Rome are hereby authorized to operate said electric light and power plant as one of the departments of said city under the supervision of one of the committees of said mayor and council, or under any existing department of said city, or they may organize a separate department for the purpose of running said plant; in either event the operating body shall have such powers and authority as the mayor and council may by ordinance determine. Operation of electric plant. SEC. 65. Be it further enacted, That there shall be a board of public works for the city of Rome, consisting of three freeholders, citizens of said city, who shall be upright, intelligent and experienced men, residing

Page 1310

within the corporate limits of the city of Rome and whose terms of office shall be for four years; provided, however, the members of the present board shall continue in office until the expiration of the respective terms for which they were appointed under the Act of the General Assembly, approved August 22d, 1907; at which time an election shall be held for electing a board of public works by the qualified voters of the city and the three persons receiving the highest number of votes cast shall be declared elected, and shall constitute the board of public works for the city of Rome; and their successors in office shall be elected every four years thereafter by the qualified voters of said city in the same manner as is provided for the election of mayor and council of said city. And all contracts and obligations heretofore entered into by said board, and all its liabilities and undertakings as authorized by the Act approved August 22d, 1907, creating said board, are hereby declared valid and binding, and shall be executed by the present board and its successors in office. (a) Should a vacancy for any reason occur in said board by death, resignation or removal from office or from the city, the mayor and council shall as soon as practicable thereafter fill the same by their appointment. (b) The members of the said board, before assuming the duties of said office shall take and subscribe, before the mayor or some judge of the superior or city court, an oath to faithfully and impartially discharge the duties of the office and that they will not directly or indirectly be interested in any contract made by the board; which oath shall be recorded on the minutes of the council. Board of public works.

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SEC. 66. Be it further enacted, That the members of said board shall each be paid a salary not to exceed three hundred dollars ($300.00) per annum, to be paid quarterly, same to be fixed by the mayor and council. They shall be subject to removal from office by the mayor and council for the neglect of duty, malfeasance in office, or refusal to comply with or carry out the lawful ordinances of said mayor and council in relation to the duties imposed by this Act. The mayor and council are authorized and empowered to investigate and try any and all charges and issues that may arise under this provision. Salary of members of board. (a) Said board shall organize by electing one of its members chairman and another member secretary; the powers and duties of such chairman and secretary to be defined by rules prescribed by the board. A majority of the members of the board shall constitute a quorum for the transaction of business; they shall have power to prescribe and adopt rules and regulations for the transaction of business; to fix the time and place of meeting, which shall be at least twice per month. They shall act only while in meeting assembled, and shall keep accurate minutes of their acts and doings. Organization of board. The city treasurer shall be the custodian of all funds that are subject to the order of the board, and shall pay out no sums except upon draft or order of the board, signed by its secretary and countersigned by its chairman, and shall charge the same to the proper department. The books of the treasurer shall during business hours be open to inspection by the mayor and council and to any member of the board.

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(b) It being the intention of this Section to preserve the status of the present board undisturbed, without any reorganization or the adoption of any new rules and regulations for the transacttion of their business, but shall proceed and operate under the same rules and regulations heretofore prescribed and adopted by them and any new ones they may hereafter adopt, except such as are altered or changed by this Act. Existing board. SEC. 67. Be it further enacted, That the books, papers, vouchers, and all other documents and matters and things pertaining to the board or its official actions shall be subject to the inspection and examination of the mayor and council, or such agents as they may designate, and at such times as may be so designated. It shall be the duty of the mayor and council to have the books, papers and vouchers audited in the same manner as the books and vouchers of other city officials. Said board shall make, or cause to be made, for the mayor and council, reports of their actings and doing quarterly, or at such other times as the mayor and council may require. Supervision of board by mayor and council. SEC. 68. Be it further enacted, That the said board of public works shall have the power and authority to make contracts and employ and organize such a force of officers and agents as may be necessary to successfully and economically carry out the duties by this Act required of them; they shall have the power and authority to discharge any person or persons employed whenever they think it advisable so to do, without formal notice or trial. All officers and agents employed by the board, except ordinary laborers and mechanics, shall take and subscribe an oath to faithfully perform the

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duties of their office, and shall give bond payable to the city of Rome, Georgia, in a surety company for such amount as the board may designate, to be approved by said board, conditioned for the faithful performance of the duties of their office. Powers of board. SEC. 69. Be it further enacted, That whenever the mayor and council shall deem it proper to macadamize, pave or otherwise improve any of the streets, lanes or alleys, or to improve the sewerage or waterworks system, they shall cause the board of public works to have a survey made of the streets, sewerage and water works system, and plans, specifications and estimates of the cost of improvements contemplated, to be prepared and submitted to the mayor and council. The mayor and council shall designate the streets to be improved, and shall direct the board of public works to locate the grades and widths thereof, the size and locations of the sewers and the mains for the water system, which being done, the mayor and council, first having approved such action, shall establish and fix the grades, and notify the board; thereupon said board shall proceed to the construction and improvements thereof as hereinafter provided. Street improvements. SEC. 70. Be it further enacted, That the mayor and council of said city of Rome, Georgia, shall have the right to fix by ordinance and collect as other taxes the amounts to be taxed against and paid by abutting property owners and street railway companies occupying the street, for paving and macadamizing such streets so paved and macadamized, the basis of assessments to be as follows: Street railway companies to be assessed so much of the cost of paving and macadamizing

Page 1314

the streets as is occupied by tracks and two feet on each side of the rails thereof, and in case there are two or more tracks on the same street, to require said street railway companies to pay the cost of paving and macadamizing the space between each track. The balance of the cost of paving and macadamizing such street, including street intersections, headers, curbing, and intakes, shall be divided one-third each to the respective abutting property owners, leaving one-third to be paid by the city. In cases where the streets paved or macadamized are not occupied by street railways the respective abutting property owners shall each be assessed one-third the cost and the city shall pay the other third of such paving or macadamizing. Said paving shall include all expenses incurred in doing the work, except grading. When such assessment is made against such street railway company or property owners the same shall become a lien on such property subject to be enforced by execution issued as provided for collecting other city taxes; provided, that such mayor and council shall not have the right to assess against property owners the cost of grading streets, but this shall be paid for out of other funds appropriated by the city for street purposes. Surfacing the street after the same has been brought to a grade, preparatory to receiving pavement or macadam shall be paid for by the abutting property owners, the city, the street railway company, and other public service corporations, as heretofore provided in this Section. All monies so collected by the mayor and council shall be paid over to the city treasurer, and shall be credited to the street improvement department, and used therefor only; the city shall make such appropriations and provisions for street improvements

Page 1315

and repairs as is consistent with its financial condition from year to year, and the same shall be turned over to the city treasurer to be used for street purposes only. Assessments. SEC. 71. Be it further enacted, That 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, including street intersections, headers, curbing and intakes, 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 city treasurer, to be paid out to contractors or transferees of, for material or work on pavement account as the board of public works may direct. (a) Such abutting owners, public service corporations or such other persons may at their election pay one-fourth of the amount assessed against them in cash, within ten days from date of notice served upon them, and the remaining three-fourths in three equal

Page 1316

annual installments with interest thereon at seven per cent. per annum, payable annually 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. Apportionment of cost of street improvements. (b) A special 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 seven 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 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. Collection of assessments. (c) 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.

Page 1317

(d) The clerk of the city council may by direction of the mayor and council, transfer said executions to 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 hens herein created thereby preserved. In the payment of all installments said executions shall be fully satisfied by the holder thereof. (e) Should any abutting owners, 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 filing with the levying officer an affidavit of illegality, and stating therein the cause of such illegality, and the amount which he admits to be due, which amount so admitted to be due shall be paid to the levying officer before the affidavit shall be received, and the affidavit shall be returned to the superior court of Floyd county and there tried and the issue determined as in cases of illegality, subject to the penalties provided as in cases of illegality filed for delay; and it shall be the duty of the judges of the superior court to give preference to these cases over all other cases pending in said court. (f) 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 and 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.

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(g) 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 22d, 1907, creating the board of public works for the city of Rome, and in that event the owners 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. SEC. 72. Be it further enacted, That said board under supervision and direction of the mayor and council, shall have full and complete control of all work of every kind to be done on the streets, sidewalks, crossings, bridges, lanes and alleys; they shall have the same control of all work to be done on the sewers and drains of said city; they shall have authority to select and decide upon size, quality and amount of piping and other materials to be used in the extension and improvement of the sewerage and waterworks system; from time to time they shall determine what work shall be done on the streets and the character of the material thereof. They shall have authority to do any or all work by contract or by agent or employees directly. In the event any work is done by contract such contract shall be made after due advertisements for proposals, the board reserving the right to reject any and all proposals; and in the event of any contract being made, the contractor shall execute a bond in an amount equal to the contract price by a surety company, conditioned for the faithful performance of the contract. Said bond to be payable to the city of Rome. They shall have authority to purchase all necessary

Page 1319

materials and implements for any and all work to be done, and they may sell any of such material or implements as may not be needed or as they may deem advisable; the proceeds of such sale to be credited to the respective improvement fund to which it belongs; they shall have the right to make any and all contracts necessary or proper for the prosecution and execution of the work herein required and provided to be done; they shall keep or cause to be kept separate accounts showing the receipts and disbursements for the street improvement department, the sewerage system and waterworks system of the city, and shall keep and file vouchers of all expenditures showing the items and price in detail. All drafts for money drawn by order of the board shall be signed by the chairman and countersigned by the secretary and shall bear the time, date and number; shall state distinctly upon what fund the same was drawn; for what purpose drawn; to whom payable, and a corresponding record thereof shall be kept by the board. No draft against any fund for any department shall be made except when there is sufficient funds to the credit of the department subject to draft to which the same is chargeable. The board shall, before beginning to pave or macadamize any street, fix and designate the location and position for telegraph, telephone, electric light and power and street railway poles or wires and gas pipes thereon; and shall report the same to the mayor and council; thereupon the said mayor and council shall have power and authority by ordinances to require the owners of such polls, wires and gas pipes to place the same as thus located. Powers of board of public works. SEC. 73. Be it further enacted, That the board shall pay over to the clerk of council all monies arising as

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proceeds from the waterworks system on the second Monday in each month; the same to be used and applied to such purposes as the mayor and council may direct. Income from water works. SEC. 74. Be it further enacted, That the mayor and council shall have power and authority to regulate by ordinance or resolution more particularly the duties of said board as from experience and necessity they deem advisable, but not in conflict with this Act. Duties of board. SEC. 75. Be it further enacted, That the board of public works, subject to the supervision and direction of the mayor and council, shall have the control of the waterworks system of the city of Rome lying within and without the city limits; to maintain, repair and extend said waterworks, and to make such betterments thereon as they may be able to pay for out of any surplus income they may have or out of any appropriations that may be made by the mayor and council of the city for that purpose; to erect, alter and maintain fire plugs and public hydrants in such places, within the limits of said city, as the mayor and council may direct, and to regulate the use thereof; to supply the city with water for fire purposes, sprinkling the streets, flushing the sewers, and for such other purposes as may be necessary for or conducive to the public welfare in the discretion of the mayor and council; to regulate the distribution and use of water in all places and for all purposes, and from time to time to fix the price and time of payment for the use thereof; the clerk of council shall issue executions against tenants and landlords, jointly or severally, for water rents due by them, or either of them, to be levied and collected by the marshal of the city in the same manner and under the same rules

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and regulations as now apply to constables' sales in this State, and the cost thereof shall be the same as now apply to such sales. Defendants in such executions, who are not so indebted for water tax, may resist the payment thereof by illegality, as in other cases of illegality, returnable to either of the justice courts held in the city of Rome, where the amount does not exceed one hundred dollars, and to the city or superior court of Floyd county where the amount exceeds that sum; to require payment in advance, or at maturity, for water furnished by them in or upon any building, place or premises, and in case payment shall not be made as required, to shut off the water from such building, place or premises, and to keep the same, at their discretion, shut off until the arrears due for water, with the interest thereon, shall be fully paid; to enter, at all seasonable hours, by themselves, officers or agents, any dwelling or other house or place where water is taken or used, and where unnecessary waste is known or suspected, and examine into the cause thereof, to prevent any such waste; and to make, or require to be made, any alteration in the pipes, stop-cocks, or other apparatus necessary for such purpose; to examine all surface pipes, stop-cocks and other apparatus connected with said works, and to ascertain whether the same are of the character and dimensions fixed in the manner directed in permits issued therefor, and to shut off the supply of water until such examination and repairs are made; to make rules and regulations respecting the introduction of water into or upon any premises, and from time to time to regulate the use thereof, in such manner as shall seem to them necessary or proper. Water works system.

Page 1322

SEC. 76. Be it further enacted, That the city of Rome, in its corporate capacity, shall be liable for, and have the benefit of all the Acts and contracts done or made by said board, subject to the approval of the mayor and council, by authority of this Act; all contracts of the board to be made in the name of the city of Rome, and shall be signed by the chairman of the board and countersigned by the Secretary. Contracts of board. SEC. 77. Be it further enacted, That all monies now in the hands of the board of public works, arising from the sale of bonds, as referred to in Section 6 of the Act of the General Assembly of Georgia, approved August 22d, 1907, same being No. 157 shall be held, used and expended as contemplated and directed by said Act, where not otherwise directed by this Act. Proceeds from sale of bonds. SEC. 78. Be it further enacted, That the mayor and council of said city are authorized and empowered to maintain in said city of Rome a system of public schools; and the said mayor and council are hereby authorized and empowered to provide by ordinance, in their discretion, for appropriate agencies, to regulate, supervise and carry on said system of public schools, and to render the same efficient. Public schools. SEC. 79. Be it further enacted, That a board of education is hereby established in lieu of the present board of trustees for said public schools, to consist of five members from the city at large. The members of said board shall at the time of and during their continuance in office, be bona fide residents and citizens of the city of Rome. They shall be upright and intelligent citizens, and freeholders of said city and they shall hold office for a term of four years, or until their successors

Page 1323

are elected and qualified. Provided no member shall be eligible to re-election until three years after the expiration of his term of office. The first board shall be elected by the qualified voters of the city in the general election to be held on the first Tuesday in March, 1910, for the election of mayor and councilmen, and the five persons receiving the highest number of votes cast shall be declared elected and shall constitute said board of education and their successors shall be elected every four years thereafter by the qualified voters of said city. Board of education. SEC. 80. Be it further enacted, That said board of education shall assume the duties of office on the first Monday in April, 1910, at which time the present board of trustees shall cease to exist. It shall be the duty of the mayor and council to fill all vacancies that may occur from time to time on said board of education. Board of education, begins April 1910. SEC. 81. Be it further enacted, That it shall be the duty of said board of education, immediately after their qualification, or as soon thereafter as practicable, to organize by electing from their number a chairman and a secretary, said members shall serve without pay except that the mayor and council may allow the secretary of said board compensation for his services, not to exceed one hundred dollars per annum. Before entering upon the discharge of their duties, the members of said board of education shall take and subscribe before the mayor, or in his absence the mayor pro tem., an oath to faithfully and impartially discharge the duties of their office. Organization of board. SEC. 82. Be it further enacted, That said board of education and the individual members thereof, shall be

Page 1324

amenable to the mayor and council of said city, and may be removed from office upon trial and conviction thereof for neglect of duty, malfeasance in office, or for using their official position to advance their political or private interests. Board subject to mayor and council. SEC. 83. Be it further enacted, That said board of education shall have supervision and control over said public schools in accordance with the ordinances as may hereafter be passed; that they shall elect a superintendent and teachers in the month of June of each year, and the first election of teachers shall be held in June, 1910, and the first election of a superintendent shall be held in June, 1911. Powers of board. SEC. 84. Be it further enacted, That said board of education in the selection of superintendents and teachers shall endeavor at all times to secure the most efficient persons for those positions, keeping in view the morals and character of each; and they shall give the precedence to resident citizens of the city, where their qualifications and fitness for the positions are equal to those of non-residents of said city. And said board of education shall employ not more than three competent persons to examine all applicants for such positions, under such rules and regulations as may be prescribed from time to time by the mayor and council, and said examiners shall make report of the results of said examination to the board of education and to the mayor and council. Selection of teachers. SEC. 85. Be it further enacted, That said board of education shall pay over to the clerk of council all money received by them from any source whatever belonging

Page 1325

to said school fund, and shall take the receipt of said clerk therefor, and file the same with their papers. School fund. (a) The State school commissioner is hereby authorized and directed to pay over to the clerk of council, for the use of said public schools, under such rules and regulations as the mayor and council may prescribe, the proportion of the State school fund to which said city is entitled, to be expended in the maintenance of said public schools as authorized and directed by the Constitution and laws of the State. Share of State school fund. SEC. 86. Be it further enacted, That it shall be the duty of the clerk of council to pay over all money received by him from any source whatever, for the benefit of said public schools, to the city treasurer as soon as practicable, notifying said treasurer for what purpose said money is deposited. Said clerk shall in each instance take the treasurer's receipt therefor, showing the date of deposit, the amount and purpose for which deposited, which receipt said clerk shall file and safely keep as his voucher for said sums. Upon the receipt of said school funds, the treasurer shall enter the same to the credit of the school fund, and said funds shall be drawn out only on the warrant of the mayor and council, signed by the mayor and attested by the clerk of council, which said warrants shall show upon their face the date issued, the number thereof, the purpose for which issued and the person to whom issued, which shall correspond with a record thereof kept by the mayor and council. The treasurer shall not honor any warrant unless it is drawn in accordance with the aforesaid requirements. It shall be his duty to file and safely keep

Page 1326

all warrants paid by him, as his voucher for the money so paid out. Disbursements of school fund. SEC. 87. Be it further enacted, That it shall be the duty of said board of education to make reports to the mayor and council at such times as they may call for the same, of all matters pertaining to said public schools; and the books, papers, bills, vouchers, shall at all times be open to inspection and examination by the mayor and council and such other agency as they may employ for that purpose. Reports of board. SEC. 88. Be it further enacted, That the mayor and council are authorized and empowered to pass such further ordinances and resolutions, not in conflict with this Act, as they may deem for the best interests of said public schools, and further define the duties of said board of education. Powers of mayor and council. SEC. 89. Be it further enacted, That there shall be a board of visitors for said public schools to be composed of five ladies, citizens and residents of the city, who shall be nominated by the mayor at the first regular meeting of council in October, 1909, subject to the approval of council. Their term of office shall be three years, and their successors shall be nominated and confirmed triennially in the same manner. The said board of visitors shall have the authority and it shall be their duty to visit the different public schools of the city, familiarize themselves with the character and conduct of both teachers and pupils, the studies pursued, methods of teachers, sanitary conditions, and all other matters pertaining to the welfare of the school, and at the close of each term, and at such other time as they may see fit, to make a report to the mayor and council

Page 1327

and board of education of their work with such recommendations as they may deem proper concerning the further management of the schools. Board of visitors. SEC. 90. Be it further enacted, That all executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes, or other claim, demand, or debt shall be issued by the clerk of council and bear test in the name of the mayor, except when otherwise provided in this charter, and shall be directed to the marshal and deputy marshal of said city and shall state for what issued and be made returnable to the mayor and council of said city ninety days after issuing the same; and it shall be the duty of the marshal or collecting officer to advertise the sale of such real estate or personal property as may have been levied upon by him to satisfy said execution, in the same manner respectively as sheriff's sales of real property or constable's sales of personal property are required by law to be made. All of said sales shall be made at the place and within the usual hours of sale that sheriff's and constable's sales are made, and under the same rules and regulations governing sheriffs' sales and constables' sales of similar property. 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 sales 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 therefor, with ten per cent. premium thereon. Collection of taxes, etc. (a) Whenever at such sales, no one present shall bid for the property put up for sale as much as the amount

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of such execution and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of the city may bid off such property for said city, and the marshal or such other officer making the sale, shall make the city of Rome a deed to the property so sold and deliver the same and the title thus acquired by said city shall be perfect and valid after the period provided for the redemption by the owner shall have expired, and the marshal or other officer making the sale shall put the city in possession. 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. 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 the sheriffs of this State, and the officer making the sale shall have the same power as the sheriff to put purchasers in possession of property sold by them. SEC. 91. Be it further enacted, That where in accordance with the provisions of this charter, except as may otherwise be specifically provided, any changes, alterations or work of any kind, is ordered done by the mayor and council of said city, or any of its duly authorized agents or agencies, and the person, firm or corporation so ordered to do the same, fails or refuses to do so within the time fixed and upon such default, the city makes such changes, alterations or work, that the mayor and council shall have the power and authority to assess the total cost thereof against the said person, firm, or corporation in default and it shall be the duty

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of the clerk to issue execution forthwith against said person, firm or corporation, therefor; which execution may be enforced in the same manner as tax fi fas and sales made under the same shall have the same force and effect as sales under tax fi fas; said execution shall be a lien against the property of said person, firm or corporation, next in dignity to taxes. Enforcement of ordinances and regulations. SEC. 92. Be it further enacted, That all deeds by the city of Rome, its mayor, or its marshal, pursuant to tax sales, or sales under execution issued for the collection of local assessments, or other indebtedness to said city of Rome, shall be admissible in evidence on the same terms as deeds made pursuant to sales for taxes due the state and county; provided it shall be competent for parties denying the validity of such deeds, to put in evidence the proceedings preliminary to the execution of such deeds, the purpose of this Section being to give to such deeds the same prima facie force and validity which is accorded to tax deeds made by officers of the State and county. Tax deeds. (a) Be it further enacted, That the mayor and council are hereby authorized and empowered to make such by-laws and ordinances as they may from time to time think necessary, and that they may codify the same, together with its charter, into one book, to be known as the Code of the city of Rome, and when the same is adopted by the mayor and council, said Code shall be admitted in evidence in any of the courts of this State, upon the certificate of the clerk of council, certifying the same to be the Code of the ordinances and laws of said city. City code.

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SEC. 93. Be it further enacted, That whenever any personal property has been levied on in the city of Rome, if of character to render its removal to the place of sale of more than ordinary expense or inconvenience, the same may be sold at any place within the corporate limits of said city, at public outcry, within the hours now provided by law, and after having given the notice required by law. Sale of personal property. SEC. 94. Be it further enacted That all warrants, summons, precepts, executions or other processes issued by the clerk of council of said city, except where otherwise provided, shall be directed to the marshal of the city and bear test in the name of the mayor. Warrants, etc., how issued. SEC. 95. Be it further enacted, That the mayor and council of said city shall have power and authority to compel the attendance of parties and witnesses at the recorder's court and meeting of said council, and for this purpose said mayor and council shall have full power and authority to take and to receive of parties and witnesses such bonds as they shall deem necessary to secure the attendance of parties and witnesses, and to pass all ordinances necessary to carry this provision into effect, and to forfeit and collect said bonds in the same manner as such bonds are now forfeited in the Superior Courts of this State, the recorder or any person holding the recorder's court shall have power and authority to fine any one for contempt who violates any of its orders or rules. Witnesses and appearance bonds. SEC. 96. Be it further enacted, That the said mayor and council shall have power and authority to establish a fee bill for the officers of said city not higher than the fees allowed to county officers, and not lower than that

Page 1331

allowed to the justices of the peace and constables of this State. Fees of officers. SEC. 97. Be it further enacted, That the mayor and council of said city shall have power to try all impeachments. When sitting for that purpose, they shall be under oath or affirmation. Impeachment. When the mayor is tried, the judge of the superior court shall preside, and no person shall be convicted without the concurrence of two-thirds of the members present. (a) Judgment in cases of impeachment, shall not extend further than removal from office and disqualification to hold any office of honor or trust or profit under this charter, but the party convicted shall, nevertheless, be liable and subject to indictment, trial and punishment according to law. SEC. 98. Be it further enacted, That any of the officers of said corporation who may be sued for any act done in his or their official character, may justify under this charter. Protection of officers. SEC. 99. Be it further enacted, That the mayor and council shall have full power and authority to fill any vacancy that may occur in any office held under election or appointment by the said mayor and council for the unexpired term thereof. Vacancies. SEC. 100. Be it further enacted, That the said mayor and council shall have full power and authority, in their discretion, to organize a chain-gang in said city under such rules and regulations as may be adopted by said mayor and council, and to cause all offenders against the laws and ordinances of said city to work in said

Page 1332

chain-gang, on the streets and public works of said city as said mayor and council may direct. Chain-gang. SEC. 101. Be it further enacted, That the said mayor and council shall have full power and authority to provide, by ordinance, for appeals from judgments rendered in the recorder's court. Appeals in recorder's court. SEC. 102. Be it further enacted, That the mayor and members of council of the city of Rome shall not, after their election as such be eligible to hold any other municipal office of honor or trust during their term of office as mayor and councilmen. Mayor and councilmen. SEC. 103. Be it further enacted, That said mayor and council may provide for and collect an annual rental, not exceeding one dollar, for each connection made to any sewer in said city, and if any connections are made outside the city limits, they shall determine the terms, conditions and rental therefor. Sewer connections. SEC. 104. Be it further enacted, That all persons liable to perform road duty by 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 of said city; provided, that the mayor and council of said city shall have power to levy a street tax in lieu thereof, and provided, further, that all persons who shall refuse to pay said tax on or before such time as the said mayor and council may prescribe by ordinance, shall be required, upon three days' notice, to do and perform street work as aforesaid, and upon failure thereof such defaulter shall be dealt with by the recorder as for violation of the ordinances of said city, or may be compelled to work on the streets or public works of said city. Street tax.

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SEC. 105. Be it further enacted, That the mayor and council shall have the power, either by themselves or by such agents as they may appoint for that purpose, to supervise and investigate all department officers and employees of the city government, and to examine into any charges preferred against them or any of them, and into the affairs of any corporation, firm or person, with whom the city has entered into, or is about to enter into, a contract with, or in which the city may be interested. The mayor and council shall have power of access to all records pertaining to any such investigation, and power to compel the attendance of witnesses and production of books, papers and other evidences at any meeting of the council or any committee thereof. Should such charge or charges be sustained, the mayor and council shall take action thereon, and may remove any officer or employee against whom such charge is sustained, but it shall require a two-thirds vote to impeach or remove any officer whose term of office is fixed by this charter. Supervision of officers and employees. SEC. 106. Be it further enacted, That all legal ordinances heretofore adopted by the mayor and council of said city of Rome, which are now in force and are not inconsistent with nor repugnant to this Act shall remain in full force and effect; provided, that said mayor and council may at any time alter, amend or repeal any of said ordinances. Existing ordinances. SEC. 107. Be it further enacted, That the said mayor and council shall have power and authority to regulate the planting, maintenance and protection of shade trees along the streets and of lawns in the unpaved portion of sidewalks and to compel the owners of property abutting on the streets, lanes, alleys and public squares, to

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plant, maintain, and protect such shade trees and lawns, under the same regulations and in the same manner as they control the paving of sidewalks. Shade trees. SEC. 108. Be it further enacted, That the mayor and council of said city of Rome shall have 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 of 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 council shall have full power to adopt and enforce any and all ordinances they may consider necessary or advisable to carry out the powers granted to said city and said mayor and council by this charter, to make and enforce such ordinances, rules and regulations for the government of their body, and all the 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. 109. Be it further enacted, That the clerk of council shall keep a book to be known as the record of franchises, which shall be a public document, and properly indexed. That from and after the passage of this Act each and every franchise granted by the city of Rome shall be recorded in said book together with the petition therefor and all proceedings in reference

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thereto, and reference by page to the proceedings on other books. Said record shall be made within thirty days after said franchise is finally granted, or such franchise is finally granted, or such franchise shall be null and void. Record of franchises. SEC. 110. Be it further enacted, That it shall be the duty of the mayor of the city of Rome, within thirty days after the passage of this Act, to notify the various persons, firms or corporations, holding or exercising franchise of the city of Rome, of the provisions of this, the preceding, and the following Sections. Whereupon within sixty days such person, firm or corporation so notified shall file with the clerk of council for record on said book of franchises all grants from the city of Rome, or the mayor and council thereof, of franchises, rights or privileges given by ordinance, resolution or otherwise, together with the date of said grant, resolution or ordinance, and the page and book where the same is now recorded in the records of the city of Rome. Whereupon the clerk of council shall cause said proceedings to be recorded in book of franchises after comparing same with the records of the city in reference thereto. Existing franchises, record of. SEC. 111. Be it further enacted, That if any person, firm or corporation notified of this and the two preceding Sections shall fail or refuse to file with the clerk of council copies of all of the grants, resolutions or ordinances above referred to as required in the preceding Sections, or any such person, firm or corporation shall file false or misleading copies of such grant, resolution or ordinance, each and every franchise held by such person, firm or corporation shall become null

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and void; and it shall be the duty of the mayor to institute proceedings against such person, firm or corporation to evict such person, firm or corporation from the streets of the city and from any use thereof. Penalty for failure to record franchise. SEC. 112. Be it further enacted, That each and every applicant for a public franchise, or renewals of franchises to go upon, along, through, over or under any of the streets of said city, shall duly file said application, containing the terms and stipulations desired, in the office of the clerk of council, which shall be published at the expense of said applicant in at least one public daily newspaper in said city, immediately after filing. Thereupon said mayor and council shall have power and authority to act upon such franchise or special privilege. Said applications as finally adopted by said mayor and council, if it is adopted, containing the full terms and stipulations of such application and grant, shall be at once published, at the expense of the applicant, in a public daily newspaper published in said city, once a week for four weeks. Said grant shall not become operative for the period of thirty days from the time it is adopted by the mayor and council, within which time, upon petition signed by one-third of the registered voters at the last general municipal election, said application and grant shall be submitted to the duly qualified electors of said city, in the way and manner prescribed for holding general city elections, in which the question shall be submitted to said electors whether they approve or disapprove of said proposed grant. In the event a majority of the votes cast at said election shall approve said grant, the same shall then become operative and of force. In the event said electors shall disapprove said grant, it shall become null

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and void. The expense of said election shall be borne by the applicant. Applications for franchises. SEC. 113. Be it further enacted, That the present mayor and council, board of public works, bond commissioners, and all other officers of the city, whether elected or appointed, shall remain and continue in office until their present terms expire, subject to the requirements and conditions of this charter, except where it is otherwise provided for in this charter. Terms of officers. SEC. 114. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed, and especially the following Acts are hereby repealed: Repealing clause. An Act to consolidate, amend and codify the various Acts incorporating the city of Rome, in the county of Floyd, and the various Acts amendatory thereof, and to define the duties of the mayor and council and other officers of said city. Approved September 25th, 1883. An Act to amend an Act entitled `An Act to consolidate, amend and codify the various Acts incorporating the city of Rome,' approved September 25th, 1883, so as to provide for the election of two councilmen from each ward, respectively, of the city of Rome; to change the time of holding elections of mayor and councilmen, and city officers; to fix salaries of officers; to provide for an appeal from the city assessors to the mayor and council, and for other purposes. Approved October 24th, 1887. An Act to amend the charter of the city of Rome, to authorize and empower the mayor and council of the

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city of Rome, to adjust and settle the present bonded debt of the city in so far as regards what is known as the `graded bonds' of said city, and to provide for the payment of the same. Approved December 26th, 1890. An Act to amend the charter of the city of Rome so as to create the office of recorder; to provide for the election of a city recorder; to fix his compensation and bond; to define his powers, duties and liabilities. Approved December 26th, 1890. An Act to amend the charter of the city of Rome creating the office of city recorder, and defining his powers and duties. Approved October 6th, 1891. An Act to amend the charter of the city of Rome so as to create a levee commission and provide for building a levee in the lower part of said city. Approved October 10th, 1891. An Act authorizing the mayor and council of the city of Rome to make a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one-fifth (1-5) of one per centum (1%) of the assessed value of the taxable property therein, and for other purposes. Approved December 21st, 1893. An Act to amend the charter of the city of Rome so as to repeal Section 48 of the Act of the General Assembly approved September 25th, 1883, then known as the `Charter of Rome' and so as to repeal an Act to authorize and empower the mayor and council of Rome to adjust and settle the present bonded debt of the city and provide for the payment of the same, passed on the 28th day of February, 1876, so far as any future issue of bonds or debts are concerned, and so as to repeal

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an Act entitled an Act to amend the charter of the city of Rome, etc., passed on the 26th day of December, 1890, and so as to repeal Sections 3 and 5 of an Act authorizing the mayor and council of the city of Rome to make a temporary loan, or loans, to supply casual deficiencies of revenue, etc., passed on the 21st day of December, 1893. Approved November 16th, 1895. An Act to amend the charter of the city of Rome so as to create a water commission for said city; to define its powers and duties; to prevent the pollution of the city water, damage to its waterworks, and to make it the duty of the commissioners to try or prosecute all persons injuring or damaging the same. Approved November 16th, 1895. An Act to amend the charter of the city of Rome so as to enable said city to issue and exchange, or to issue and sell, bonds to retire the bonded debt which matures in the year 1896. Approved November 18th, 1895. An Act to amend an Act to establish a system of public schools in the city of Rome, and to provide for the support and maintenance thereof, and for other purposes, so as to require the State School Commissioner to pay the city's pro rata of the school fund to the city treasurer, and so as to require the mayor and city council to levy the tax therein authorized, or so much thereof as may be required by the board of trustees for the public schools of the city of Rome. Approved December 16th, 1897. An Act to amend an Act entitled an Act to consolidate, amend and codify the various Acts incorporating the city of Rome, in the county of Floyd, and the

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various Acts amendatory thereof, and to define the duties of the mayor and council and other officers of said city; the purposes of this amended Act being to give the city tax deeds, and city assessment deeds the same prima facie force and validity which is accorded to tax deeds made by the officers of the State and county. Approved November 25th, 1899. An Act to provide for the establishment and maintenance of a dispensary in the city of Rome, Floyd county, Georgia, for the sale of spirituous, vinous, malt or other intoxicating liquors, after submitting the question of establishing such dispensary to the qualified voters of Floyd county; to prohibit the sale of such liquors in said city and county otherwise than by and through said dispensary; to provide for the establishment and perpetuation of a dispensary commission for the management of said dispensary, and to prescribe their powers and duties; to prescribe rules and regulations for said dispensary, and for other purposes. Approved December 11th, 1901. An Act to amend the charter of the city of Rome approved September 25, 1883, so as to authorize said city of Rome to erect and operate an electric plant for the purpose of lighting the streets and public places of said city, with authority to furnish lights and electric power to private persons within said city and its vicinity; to charge for such private lighting and power; and to authorize said city to issue bonds not exceeding the sum of $40,000, or in the discretion of the mayor and council, to levy a sufficient tax for the purpose of erecting an electric light and power plant. Approved August 23rd, 1905.

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An Act to amend the charter of the city of Rome, Georgia, so as to provide for a bond commission for said city; to prescribe the method of its selection and define its duties and powers; to more fully prescribe the duties of the clerk of council and the city treasurer in relation to the bonded debt of said city, the interest and sinking fund collected for the payment of the same, and to authorize the mayor and council to elect or appoint an auditor for said city, and to define his duties and powers, and for other purposes. Approved August 20th, 1906. An Act to amend the several Acts incorporating the city of Rome, Georgia, in Floyd county, to extend and define the corporate limits thereof; to create a board of public works and fix and define its powers; to provide for improving and maintaining the waterworks system, establish a sewerage system; grading, paving and macadamizing the streets, and for other purposes. Approved August 22nd, 1907. An Act to amend the charter of the city of Rome; to increase the powers of the board of public works of 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 roadbed, 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

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with liens on such property to be used in paying the cost of such proportionate part of said 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, 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 September 25, 1883; to change the boundary lines of said city and provide for defining the wards thereof, and for other purposes. Approved August 11, 1908. It is the intention of this Act that it shall embody all the charter provisions of the city of Rome, except as to general powers now conferred by the general laws of the State, or that may hereafter be conferred by the general laws of the State upon all municipal corporations. Approved August 17, 1909.

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ROSWELL, TOWN OF, CHARTER AMENDED. No. 191. An Act to authorize the mayor and council of the town of Roswell to issue bonds for the purpose of erecting and equipping school buildings in said town of Roswell, and to authorize said mayor and council to provide for the payment of the principal and interest of said bonds by levying a tax therefor, and to provide for [Illegible Text] election to ratify 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 authority of same, That the mayor and council of the town of Roswell, in the county of Cobb, be, and they are, hereby authorized and empowered to issue bonds of said town in such sums and at such times as they may see proper, not to exceed the aggregate sum of eight thousand dollars, of the denomination of $400.00 each, to become due and payable at such time or times not exceeding twenty years from date of issue thereof as said mayor and council shall determine, and bear interest not to exceed six per cent. per annum; said bonds to be issued, sold and hypothecated for the purpose of erecting and equipping school buildings in said town of Roswell. Roswell, town of. Bonds for school buildings. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of said town are hereby authorized and empowered to levy, assess, and collect annually, sufficient tax upon and from the taxable property in said town, real and personal, to pay the principal and interest of said bonds as they shall become

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due. This tax shall be separately levied, assessed and collected for the specific purpose herein designated and shall not be used for or applied to any other purpose whatsoever. Said mayor and council are hereby authorized and empowered to issue interest coupons payable annually or semi-annually, as the mayor and council may determine, for the interest on said bonds. Any money remaining on hand, received and collected by taxation under this Act, after the payment of the maturing interest coupons and bonds each year, shall be held by the mayor and council of said town as a sinking fund for the payment of the bonds and interest maturing the next succeeding year. Tax to pay bonds. SEC. 3. Be it further enacted by the authority aforesaid, That the said bonds be signed by the mayor and clerk of the council of said town and negotiated, sold, and hypothecated in such manner and in such sums, and at such times as the mayor and council may determine for the best interest of said town, and the speedy execution of the objects of this Act; and the money arising from the sale or disposition of said bonds shall be used by the mayor and council of said town in erecting and equipping suitable school buildings in said town. School buildings. SEC. 4. Be it further enacted, That the provisions of this Act shall not go into effect and become operative until the question of issuing of said bonds shall have been submitted to a vote of the qualified voters of said town under regulation adopted by the mayor and council of said town and approved by a two-thirds vote of the persons qualified to vote at an election held for that purpose, in accordance with the Constitution of this State, which said election shall be held under an order

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of the mayor and council of said town, and shall be advertised for thirty days immediately preceding such election at the usual place of holding elections for the mayor and council of said town, and in the newspaper in which the sheriff's advertisements for the county are published. Said election shall be conducted in the same manner and under the same rules as elections of mayor and council of said town, and, as soon as practical, after the holding of said election, said mayor and council shall declare the results. The ballots cast at said election shall contain the words For Bonds or Against Bonds. Ratification of Act. SEC. 5. Be it further enacted by the authority aforesaid, That if the result of the first election held under the provisions of this Act is not for bonds, then other elections, if ordered by the mayor and council, may be held under the provisions of this Act, not closer than one year apart, until the result is for bonds. Other elections. 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 14, 1909. RUTLEDGE, TOWN OF, NEW CHARTER. No. 121. An Act to create a new charter for the town of Rutledge, and for other purposes herein named. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly, and it is hereby enacted by the authority of

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the same, That from and after the passage of this Act, the several Acts incorporating the town of Rutledge, in the county of Morgan, as well as the various Acts amendatory thereof, be, and the same are, hereby amended, revised, consolidated and superseded; that the town of Rutledge shall continue to exist as an incorporated town, and the charter of said town shall be and read as contained in the foregoing and following several Sections of this Act: Rutledge town of; reincorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend to and embrace a radius of one mile in every direction from the crossing of Fairplay and Madison streets, in said town, said crossing being the center. Corporate limits. SEC. 3. Be it further enacted, That the corporate powers and municipal government of said town shall vest in and consist of a mayor and four councilmen, who are hereby constituted a body corporate and political under the name and style of the mayor and council of the town of Rutledge, and by that name shall succeed to all the rights and liabilities of the corporation of the town council of Rutledge, as heretofore existing; that said municipal government shall have perpetual succession, and shall have power to make, and authority to make, ordain and establish, from time to time, such by-laws, ordinances, resolutions, rules and regulations as shall appear to them necessary and proper for the good government, security and interest of said town and inhabitants thereof, and for the preserving of health, morals, peace and good order of the same, not in conflict with the Constitution and laws of this State, or of the United States, and shall have power and

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authority, in and by said corporate name, to borrow money for town improvements and repairs and to contract and to be contracted with; to sue and to be sued; 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 the town of Rutledge to the use of said town for the purposes and interests for which the same were granted, acquired or dedicated; to acquire by gift or purchase, or otherwise, and to retain to them and their successors for the use of said town of Rutledge any other real or personal property within or without the territorial and jurisdictional limits of said town as may by them 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. Mayor and councilmen. SEC. 4. Be it further enacted, That on the first Saturday in December, 1909, and on the first Saturday in December in each and every year after, an election shall be held at the town hall in said town, or at such other place in said town as the mayor and council shall direct or designate, for mayor and councilmen, who shall hold their offices for one year from the first day of January, or until their successors are elected and qualified; and should there fail from any cause to be an election held in said town at the time specified in this Section, the mayor shall order an election held in said town for mayor and councilmen within thirty days after said first Saturday, and shall give public notice of the same at least ten days before the date of said election by posting notices at three or more public places in said town. At the first meeting of the mayor and council after their

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election, or as soon as practicable thereafter, one of said councilmen shall be, by said mayor and council, chosen mayor pro tem. Election of mayor and councilmen. SEC. 5. Be it further enacted, That if any vacancies shall occur in any of the offices mentioned in the foregoing Section of this Act by death, resignation, or otherwise, the same shall be filled by an election had by the remaining members of said mayor and council, and the person so elected shall hold his office as long as his predecessor would have held the same. Vacancies. SEC. 6. Be it further enacted, That any two citzens who are freeholders in said town may superintend the election of mayor and councilmen and each of said managers, before entering on his duties, shall take an oath before some officer duly qualified to administer an oath, or before the mayor of said town, and in the absence of such officer or said mayor, then before his co-manager, that he will faithfully and impartially conduct said election and prevent all illegal voting to the best of his skill and power, and said managers shall cause to be kept two lists of voters and two tally sheets of such election. Said superintendents or managers shall give their certificates of election to the persons elected, which shall be conclusive evidence of that fact, and the persons having the highest number of votes shall be entitled to such certificates. Election managers. SEC. 7. Be it further enacted, That the polls at each and every election for mayor and councilmen, or for any other election held in said town, shall be opened at seven o'clock a. m. and closed at three o'clock p. m. Polls. SEC. 8. Be it further enacted, That after the votes at any election in the said town shall have been counted

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by the managers, said managers shall certify two lists of voters and two tally sheets, and shall place one list of voters and one of the tally sheets with all the ballots in one ballot box, and shall seal said ballot box and deposit the same with the clerk of the mayor and town council. The other list of voters and tally sheet shall be, by the managers, filed with said clerk. Certificates of list of voters. SEC. 9. Be it further enacted, That on the first Monday in January, 1910, and on the first Monday in January each year thereafter, or as soon thereafter as practicable, the persons elected shall appear at the council chamber of the town of Rutledge and before they enter upon the duties of their respective offices, shall take an oath well and truly to discharge their duties, which oath they may administer to each other, and shall be in the following words, to-wit: I....., do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be), of the town of Rutledge to the best of my skill and ability, without fear, favor or affection; so help me God. Oath of mayor and councilmen. SEC. 10. Be it further enacted, That all persons qualified to vote for members of the Legislature and who shall have paid all taxes legally imposed and demanded, and shall have resided six months within the limits of said town immediately preceding the day of the election, shall be qualified to vote for mayor and councilmen, and at all other elections in said town. Voters. SEC. 11. Be it further enacted, That any person who shall vote or attempt to vote at any municipal election held in said town who is not qualified to vote, shall be guilty of a misdemeanor, and upon conviction before

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any court having jurisdiction, shall be punished as prescribed in Section 4310 of the Code of Georgia of 1882. Voting illegally. SEC. 12. Be it further enacted, That no person shall be eligible to the office of mayor or councilman unless he be twenty-one years of age, and shall have resided in the said town twelve months immediately preceding his election, and shall have paid all taxes required of him by said town. Qualifications of mayor and councilmen. SEC. 13. Be it further enacted, That the mayor of the town of Rutledge shall receive for his services such compensation not to exceed fifty dollars per annum, as the councilmen, or a majority of them at a meeting of the board of councilmen held immediately before the expiration of the term of office, shall vote him, having a just regard for the labors performed by him. Each of the councilmen shall receive an amount not to exceed eighteen dollars per annum. Salaries. SEC. 14. Be it further enacted, That the mayor shall be the chief executive of said town of Rutledge. He shall see that all laws, ordinances, resolutions, and rules of the town are faithfully executed and enforced, and that all officers 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 town council of said town of Rutledge. He shall have the right to vote in the 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. Duties of mayor. SEC. 15. Be it further enacted, That the mayor and council of the town of Rutledge shall have full power

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and authority to appoint or elect a clerk, treasurer, marshals, or other officers as they may deem necessary or proper, and shall have the power to regulate the time, mode and manner of electing or appointing such officers or agents; to fix their fees and salaries; to take their bond, prescribe their oaths and duties, and may, at their discretion, suspend, remove and discharge them at any time with or without cause; the term of office of such subordinate officers to be one year from date of their appointment, and until their successors are appointed, elected and qualified. Municipal officers. SEC. 16. Be it further enacted, That the mayor, or in his absence or disqualification, any two or more councilmen shall, as often as may be necessary, hold a police court, to be known as the mayor's court for the trial of all offenders against the laws and ordinances of the town of Rutledge. Said mayor's court shall have full power and authority, upon conviction, to sentence such offenders to pay a fine not exceeding $100, or be imprisoned not exceeding thirty days, or be put at labor upon the streets or other public works in the said town for a period not to exceed six months. Either or all of said penalties may be imposed, in the discretion of the court. Said court shall have power to preserve order and compel the attendance of witnesses, to punish for contempt, said punishment not to exceed the punishment hereinbefore provided for offenders against the laws and ordinances. Police court. SEC. 17. Be it further enacted, That any person who may be convicted before the mayor's court may, by giving notice of his intention to certiorari, suspend a judgment, and be released from custody at once upon giving

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bond with good security in the sum as may be fixed by the mayor for his appearance to stand to and abide by the final judgment; provided, that all certioraries from said court shall be sued out within ten days from date of judgment complained of; provided, further, that no such certiorari shall issue until all costs shall have been paid or an affidavit have been made by the defendant showing his inability to pay costs. Certiorari. SEC. 18. Be it further enacted, That the mayor and each of the councilmen shall be ex-officio justices of the peace, so as to enable them to issue warrants for violation of criminal laws of the State, committed within the limits of said town, and shall have full power, on examination, to commit the offenders to jail, or to bail them if the offence be bailable, to appear before the court having jurisdiction to try them. Mayor and councilmen ex-officio justices of the peace. SEC. 19. Be it further enacted, That the mayor and councilmen, or a majority of them, shall have full power and authority to impose, assess, levy and collect such taxes not to exceed ten dollars per thousand upon all real and personal property and on all notes, claims, evidences of debt and other choses in action held, possessed, kept or owned within the corporate limits of said town as they may deem necessary for the support of the government of said town, or for other purposes in their judgment beneficient to the citizens thereof generally, and they may enforce the collection of such taxes and also all fines imposed by them in such manner as they, by law or ordinances, may prescribe. Ad valorem tax. SEC. 20. Be it further enacted, That the mayor and council of the town of Rutledge shall have full power

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and authority to tax, license, regulate and control all taverns, hotels, restaurants, boarding houses, livery stables, hacks, drays, and other vehicles, auctioneers, vending masters, shows, circuses and exhibitions of all kinds, itinerant lightning rod dealers, peddlers, or itinerant venders of articles, goods, wares and merchandise of whatsoever nature; every keeper of a billiard, pool or other table kept for public use; every shooting gallery, ten-pin alley, or any game or play, loan agents, and agents for any other business or calling whatever; upon every junk shop, pawn broker, and upon all other persons, firms or corporations following or carrying on any profession, trade, business, calling, or avocation in said town, not hereinbefore mentioned, and which are under the laws and Constitution of the State of Georgia, subject to tax or license; the said mayor and town council shall have the power to pass such by-laws or ordinances as they see proper to regulate the same and prescribe the manner of collecting such special tax. And said mayor and council shall have full power and authority to impose and inflict such penalties and forfeitures upon any one exercising the privileges or functions of any of the hereinbefore mentioned business, trades or callings within the limits of said town without having first paid the tax or procured the license as may be prescribed by ordinances in pursuance of this Section. Special taxes. SEC. 21. Be it further enacted, That the mayor and council shall have power to require every male resident of said town not under sixteen and over fifty years of age, to work not exceeding fifteen days annually on the roads, streets and alleys of said town under the direction of such superintendents as may be appointed by the mayor and town council. Any person subject to this

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service may be released therefrom by paying to the treasurer of town a sum not exceeding $5.00 annually; and if the work done and money so paid is not sufficient to put and keep the roads, streets and alleys of said town in good repair, the mayor and council may use for that purpose any fund in the treasury of said town, not otherwise appropriated, or they may levy a tax on all subjects of taxation within the limits of said town for that purpose. Street tax. SEC. 22. Be it further enacted, That the mayor and town council of Rutledge shall have full power and authority to prescribe and regulate by ordinance or resolution the time and manner for making returns for tax and impose penalties in the way of increased or double tax for failure to return property for taxation as prescribed in such regulations. It shall be the duty of the said mayor and council to carefully examine each return of property made by every taxpayer, and if, in their judgment, they shall find the property embraced in said return, or any part of it, returned below its true value, they shall, after giving the taxpayer five days' written notice of such fact, and the time and place of hearing proceed to hear evidence as to the value of such property, if any evidence is offered, and shall assess the true value thereof and enter the same on the return. Said assessment, when so made, shall be final. Tax returns. SEC. 23. Be it further enacted, That the mayor and town council of Rutledge shall have full and complete control of the streets, alleys, sidewalks and squares of said town, and shall have the power and authority to open, lay out, widen, straighten, or otherwise change all the streets, alleys and sidewalks and squares, which may

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be deemed for the best interest of said town, and for this purpose shall have the right to condemn any property, first paying just and adequate compensation for the property so condemned or used. Whenever said mayor and council shall exercise the powers herein delegated and shall fail to agree with the owner or owners of the property so condemned, taken, used or damaged, as to the value thereof and the amount of damages, the said mayor and council shall choose one appraiser and the owner of the property to be taken or damaged shall choose another appraiser, and the two thus chosen, if they fail to agree, shall select the third appraiser, and the appraisers chosen first being sworn to do justice between the parties, shall fix the amount of the damages to the owner of the property caused by the opening or changing such streets, alley or square, and if the property owners after five days' written notice shall fail to name an appraiser, the clerk of the mayor and council shall appoint one for him, and in every case where the two appraisers chosen shall, for the period of five days, fail to agree upon the third appraiser, the said clerk shall appoint such an appraiser; providing, always, that the said appraisers shall, in every instance, be citizens and freeholders of said town. The finding of the appraisers shall be in writing, and within five days of its rendition, shall be filed in the office of the clerk of the Superior Court in Morgan county, and with the clerk of the mayor and town council of said town, and shall thereupon operate as a judgment, and execution may issue thereon. Streets, etc. SEC. 24. Be it further enacted, That the said mayor and council shall have power to fix and establish fire limits in said town, and from time to time to enlarge, restrict or change same; and they shall have full power

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and authority to compel owners and lessees of property within said fire limits to construct, curb, pave or otherwise improve and keep in good order the sidewalks in front and abutting any and all real estate owned or held by them in said fire limits. If any owner or lessee shall fail to comply with the requirements of the mayor and council in this regard, the work shall be done under and by direction of said mayor and council and execution shall issue for cost and expenses thereof against such owner or lessee, and the same shall be a lien against the adjoining or abutting property of such owner or lessee, to be collected as other executions issued by the clerk of the mayor and town council. Fire limits. SEC. 25. Be it further enacted, That the mayor and town council of Rutledge shall have power and authority to enforce by execution the collection of any amount due or to become due for taxes, license fees, assessments of every kind, or fines and forfeitures for paving sidewalks and for any and all other debts and demands whatsoever nature due the town, such execution to be issued by the clerk of the mayor and council of the town of Rutledge against the person or corporation or firm by whom any such debt may be due or become due, which execution may be levied by the marshal on the property of the owner against whom such execution shall issue and the same sold as provided by the Code of Georgia of 1895 for municipal sales for taxes. Collection of taxes, etc. SEC. 26. Be it further enacted, That it shall be the duty of the marshal to levy all executions in favor of the town, and after advertising for thirty days, he shall sell the property levied on before the door of the town hall in the town of Rutledge on a first Saturday in the month.

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He shall sell to the highest bidder and shall execute titles to the purchaser and shall have the same power as sheriffs of this State have to put the purchaser in possession. Tax sales. SEC. 27. Be it further enacted, That the mayor and town council of Rutledge shall have power to remove all obstructions upon the streets and sidewalks in said town. They shall have the power and authority to abate or cause to be abated anything which, in their opinion, is a nuisance, whether the same be in the streets or on the lots of individuals, firms, corporations or institutions in said town, and they shall have power and authority to pass all necessary laws and ordinances to enforce this provision and providing for the mode and manner of abating such nuisances not inconsistent with the Constitution and laws of the State of Georgia. They shall also have the power and authority to provide, own and furnish in and near the said town of Rutledge, cemeteries for the burial of the dead, to regulate and control the interments in same; to exercise police control over, and to care for said cemeteries, and to guarantee perpetual care for lots in said cemeteries. Nuisances. Cemeteries. SEC. 28. Be it further enacted, That the mayor and town council shall have full power and authority to pass, ordain and adopt all laws, ordinances and resolutions which they may deem necessary to carry out and enforce the various provisions of this Act. General powers. SEC. 29. Be it further enacted, That all ordinances, rules and regulations heretofore adopted in said town and now in force, shall continue in operation until the

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same are repealed or amended by said mayor and council; provided, the same are not in conflict with this Act. Ordinances. SEC. 30. 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 13, 1909. SHELLMAN, CITY OF, CHARTER AMENDED. No. 125. An Act to amend the charter of the mayor and council of the city of Shellman and add to its powers, 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 mayor and council of Shellman be, and it is, hereby amended and its powers increased by providing for a system of education as set out in the following Sections: Shellman, city of. 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 Shellman, Georgia, Randolph county, 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 Shellman under the incorporate name of The Board of Education of the

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City of Shellman, to be vested with corporate authority in its corporate name, to sue and to 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. SEC. 4. Be it further enacted by the authority aforesaid, That said board of education shall consist of the following named seven persons: I. A. Martin, M. W. Cox, H. D. Crittenden, O. A. Crittenden, T. E. Allen, H. R. Watson and W. S. Short, who shall hold office for a term of one, two, three, four, five, six and seven years, in the order named, from the first day of June, 1910, and until their successors are elected and qualified. All members shall be citizens of Shellman, 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 Shellman for the term of five years, and any vacancies occurring on said board of education for an unexpired term shall be filled by the mayor and aldermen. The mayor and aldermen may reduce this board to five when at any time a majority should so decide. Election of members of board. 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,

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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 estate and personal, as may be by them deemed proper or necessary; to 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 Shellman, shall be entitled to the benefits of said school under such regulations as said board may provide for the admission of all children to the white and colored schools respectively, whether residents of said city of Shellman, 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. School 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

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of the city of Shellman; that said board shall at or before the beginning of each scholastic year furnish the city council of Shellman 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, and 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. Reports of board. SEC. 9. Be it further enacted by the authority aforesaid, That the city of Shellman be, and it is hereby authorized, required and empowered upon request or 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 one-fourth 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 the 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

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proper officer of said board, who will thereupon be authorized to pay the same. Disbursements, how made. SEC. 11. Be it further enacted by the 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. School terms. SEC. 12. Be it further enacted, That the mayor and aldermen of the city of Shellman 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 and convenience and advantage of said city, and may force the payment of such assessments and taxes in such a 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, 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 13, 1909.

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SHELLMAN, TOWN OF, SALE OF NEAR BEER IN PROHIBITED. No. 131. An Act to prohibit in the town of Shellman, Georgia, the sale of any near beer, or beverage, or drink, or liquor, in imitation of, or intended as a substitute for beer, ale, wine, whiskey, or other alcoholic or malt liquors which contains more than one-fourth of one per cent. of alcohol, and to prevent certain other dispositions of 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 same, That from and after the passage of this Act it shall be unlawful to sell, give away to induce trade, or barter in the town of Shellman, Georgia, any near beer, or any other beverage, drink or liquor in imitation of or intended as a substitute for beer, ale, wine, whiskey, or other alcoholic, spirituous or malt liquors containing more than one-fourth of one per cent. ( of 1%) of alcohol; provided, however, that neither the fact of the passage of this Act nor anything herein contained shall ever be taken or construed to mean or imply that the sale of any malt or alcoholic drink is now lawful in Georgia or as consenting to the sale of any drink containing as much as one-fourth of one per cent. of alcohol. Shellman, town of; sale of near beer, etc. SEC. 2. Be it further enacted, That a violation of this Act shall be a misdemeanor, and punished as such. Penalty. SEC. 3. Be it further enacted, That the municipality of Shellman may fix such punishments as are proper

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under its charter for keeping such drinks for the purpose named. SEC. 4. 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 14, 1909. SPARKS, TOWN OF, CHARTER AMENDED. No. 170. An Act to amend an Act incorporating the town of Sparks, Berrien county, Georgia, approved December 26th, 1888, so that when so amended said town shall have six councilmen instead of five, and to change the time of holding the election in and for said town from the second Tuesday in January to the second Tuesday in December in each and every year, 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 Act approved December 26th, 1888, incorporating the town of Sparks, in Berrien county, be, and the same is, hereby amended as follows: By striking out of said Act all of Section 4, and inserting in lieu thereof the following: Be it further enacted, That the officers of said town shall be a mayor and six councilmen; the mayor to hold office for one year, and until his successor is elected and qualified; the councilmen to hold their offices for the term of two years, and until their successors are elected and qualified; provided, however,

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that at the first election held for said town hereafter, there shall be three councilmen elected for a term of one year, and three for a term of two years; that hereafter, on the second Tuesday in December of each year there shall be held in said town an election, said election to be held for the purpose of electing a mayor and three councilmen, and to be held in the council chamber of said town, but none shall vote or be eligible to the office of mayor or council 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 and resided in the corporate limits of said town for three months next preceding the election. 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 upon the discharge of the duties of the offices to which they have been elected. Sparks, town of; election of mayor and councilmen. SEC. 2. 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 14, 1909. SPRINGFIELD, EFFINGHAM ACADEMY LOCATED IN. No. 78. An Act to authorize the trustees of Effingham Academy to use the assets now held by them in trust to build and equip a suitable school building at Springfield, Effingham county, Georgia, and for other purposes.

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SECTION 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the trustees of the Effingham Academy fund be authorized and empowered to use what money they now have, together with what they may realize on the sale of surplus lands and otherwise, in the construction and equipment of a suitable school building at Springfield, Effingham county, Georgia; provided, however, that all residents of Effingham county, who live outside of the city of Springfield, shall have the same rights and privileges to patronize said academy, and under the same conditions as those living within said city of Springfield. Springfield, city of; Effingham Academy. SEC. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That said trustees be continued as trustees with the same tenure of office and mode of succession. Trustees. 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 11, 1909. SUMMERVILLE, TOWN OF, INCORPORATED AS CITY. No. 242. An Act to create and incorporate the city of Summer ville, in lieu of the town of Summerville, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of Georgia, and it is enacted by the authority of the same, That the city of Summerville is created and incorporated in lieu of the town of Summerville, in Chattooga county. The territorial limits of the town of Summerville shall be identical with the present territorial limits of the town of Summerville, except as is otherwise specified in this Act. All lands, tenements, easements, streets, alleys, hereditaments, rights, powers and interest in property, real, personal and mixed, belonging to the town of Summerville at the date of the passage of this Act, shall belong to the city of Summerville on and after the passage of this Act. All legal debts, obligations, notes, bills, accounts and liabilities of whatever nature, owing by the town of Summerville at the date of the passage of this Act, shall be owing by the city of Summerville 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 Summerville by the General Assembly of Georgia, but is enacted in the nature of an amendment to the present charter of Summerville and as continuing the existence of said town, but changing it to a city, reserving and saying to it, in its new corporate form, all the powers, rights, privileges, duties and liabilities of said town through its charter, the amendment thereto, and the acts legally done thereunder (not inconsistent with what is herein enacted), but extending and adding the provisions of this Act to the rights, privileges, powers, duties, liabilities and limitations created by said charter of the town of Summerville, the amendments thereto, and the acts done thereunder. The ordinances of the town of Summerville shall be ordinances of the city of

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Summerville and enforceable as such until repealed or changed by the city council of Summerville. Summerville, town of, in Chattooga county, reincorporated as a city. SEC. 2. The territorial limits of the city of Summerville shall be divided into four wards. That part of said city lying west of Commerce street and the Trion road, and north of Washington street, shall constitute and comprise ward number one; that part of said territory lying east of said Commerce street and Trion road, and north of Washington street and the Rome road, shall constitute and comprise ward number two; that part of said territory lying south of Washington street and the Rome road, and east of Commerce street and the Alabama road, shall constitute and comprise ward number three; and that part of said territory lying west of Commerce street and the Alabama road, and south of Washington street, shall comprise ward number four. Wards. SEC. 3. In case the city council shall desire to extend the territorial limits of the city of Summerville, and council shall have a survey made of the territory which it is desired to annex and the lines surrounding the same plainly and distinctly defined and marked out. Said council shall then cause a special election to be held at the county court house in said city under the provisions of this Act for holding special elections in said city. Notice of said election shall be published ten days preceding such election by posting such notice at the door of the county court house and at two or more conspicuous places in the territory it is proposed to annex. All persons residing in the city of Summerville and in territory which it is proposed to annex, and who are qualified to vote for members of the General Assembly, may vote in said election. Those favoring the

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annexation shall have printed or written on their tickets For Annexation, those opposing such annexation shall have written or printed on their tickets Against Annexation. If a majority of said votes shall be For Annexation, said city council shall publish the result of said election by posting the same at the door of the county court house and in two or more conspicuous places in such annexed territory, and after such publication, said annexed territory shall be and comprise a part of the territorial limits of the said city, and said city council shall proceed to annex said territory to the various wards as now constituted under this charter, or lay out and define and number other additional wards, as they may deem best; and all the provisions of this charter shall apply to such annexed territory from the date of the completion of such publication. If the result of said election is Against Annexation, there shall be no other election to determine the annexation of said territory until after the expiration of six months. Extension of corporate limits. SEC. 4. The municipal authorities of said city shall consist of a mayor and four councilmen, who, together shall be known as the city council. Said councilmen shall be elected in the manner as hereinafter provided, but no two councilmen shall be elected from any one ward, but there shall be one councilman elected from each ward, who is a resident of said ward. Any citizen of said town of any ward thereof may be elected mayor. Three councilmen or the mayor and two councilmen shall constitute a quorum of the city council. The concurrent vote of three councilmen, or the mayor and two councilmen, shall be necessary to the passage of any other resolution, ordinance, or other official action of the city council. The mayor may vote on any question.

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The councilmen may elect from their number, pro tempore, who shall have the same authority in all matters as is given to the mayor, whenever the mayor for any reason cannot act or will not act, or declines to do so. Mayor and councilmen. SEC. 5. The mayor or any councilmen may be impeached and removed from office upon being convicted by the concurrent vote of three members of the council of malpractice in office, or grossly immoral conduct, or of any act amounting to a felony under the laws of this State or involving moral turpitude. The officer, upon being so accused, shall be given a fair trial before the other members of the council and, if convicted, may obtain certiorari according to the rules of law of this State, but pending the hearing of such certiorari such officer shall be suspended from his office. Malpractice. SEC. 6. The mayor and such councilmen of said city shall be elected on the first Saturday in January of each year for the term of one year, and until their successors are elected and qualified. The present officers of the town of Summerville shall serve as officers of the city of Summerville till the next election. If an election is not held at the prescribed time, a special election may be called by the city council, or according to the provisions of Section 692 of the Code of Georgia, Volume 1. Vacancies existing in the city council may be filled at any time by a special election to be called for that purpose by a majority of the remaining members of the city council, of which election ten days' public notice shall be given. In case there is only one candidate for mayor and for each councilmanship, the election may be held for all at one place, which place shall be the county court house, and all electors of said city may

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cast their votes for all such candidates. In case there are more than one candidate for mayor, all the electors of said city may vote for one of such candidates. In case there are more than one candidate in any ward for councilman for such ward, it shall be the duty of the city council to cause an election to be held in such place as they may designate and in such manner as to allow the electors of the various wards to vote only for candidates of such ward. Where any question shall be submitted to the electors of said town, one election shall be held, the same to be at the county court house. Election of mayor and councilmen. SEC. 7. All general and special elections in said city shall be held between the hours of 9 o'clock in the morning and three o'clock in the afternoon by three managers, whom the city council are authorized to designate if they see fit to do so. Any citizen of said town eligible to be a manager in elections for members of the General Assembly shall be eligible to act as manager in such elections. Elections, how held. SEC. 8. On Monday following the regular election for mayor and councilmen, or as soon thereafter as practicable, the city council elect may qualify by taking an oath to faithfully discharge the duties of the office of mayor and councilmen to which they have been respectively elected and when they have done so, the council then in office shall turn over the affairs of the city government to them. A failure to qualify for fifteen days after the election shall operate to vacate the office of any member elect of the city council. A certificate from a majority of the election managers shall be prima facie evidence of who is elected mayor and councilmen at any election, and unless notice of a contest be served in

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writing upon the person or persons certified by the managers to be elected personally or, if he be absent from the city, by leaving at his most notorious place of abode before his qualification in manner aforesaid, the certificate of the election manager shall be conclusive. Only citizens of the city of Summerville shall be eligible to be elected mayor or councilman. Certificates of election. SEC. 9. The following persons and no others except as is otherwise provided herein, shall be qualified to vote in the general and special elections in said city. All persons eligible to vote for members of the General Assembly according to the law of the State of Georgia, who shall have resided in said city for six months preceding such election, and who shall have paid all taxes required of them by the city of Summerville, and in general elections for mayor and councilmen who shall have been registered as hereinafter provided. The city council shall provide a system of registration for any special election if they see fit to do so, otherwise registration will not be required of voters at special elections, except as may be otherwise provided in this Act. Voters. SEC. 10. Registration of voters for the general election for mayor and councilmen shall be had in the following manner: Annually, by the first of October, the clerk of the city council or some other person whom the city council may appoint shall open one or more registration books in which any person desiring to be registered as a voter may sign his name, thereby subscribing an oath printed or written above, which oath shall be so framed as to cause the subscriber to swear to the fact of his progressing the qualification of a voter as set forth in Section 8 of this Act. Registration of voters.

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The signature may be made by mark, provided the officer in charge of said books read said oath to the person signing by mark and attest the signature. The clerk of the council and other persons authorized by the city council to have charge of said books are hereby empowered to administer said oath. Said registration books shall be closed by 6 o'clock P. M. December 1st of each year, and the clerk or council shall forthwith furnish to the mayor a complete list of all persons registered in said books at any time on or before the 15th of December, any citizen of said town may make written objection specifying that any one or more persons named in said list are not legal voters. Whereupon the mayor shall cause to be given to the person so challenged at least two days written notice, personally, or by leaving at his most notorious place of abode, if he be absent from the city, of the fact of the challenge and of the time and place a hearing will be had. The mayor shall hear the question, and if it appears that such person is not legally qualified to vote, shall erase his name from the list. He shall then cause to be furnished to the managers of election a list of those registered and not thus remove from the list, and the manager shall allow those persons whose names are on the list to furnish them by the mayor and no others to vote at said election. The city council may provide the duties required of the mayor in this Section shall be discharged by a board of three registrars to be appointed by them. SEC. 11. Managers of elections shall take the following oath at the beginning of each election: We swear that we shall honestly and lawfully manage this day's election and make a true return thereof, and that we

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will not allow anyone to vote whose name is not on the list of registered voters furnished us for this election, if a list be furnished us. Oath of managers of elections. SEC. 12. The city council may create and abolish, at their discretion, such offices as they may deem necessary, and elect officers to fill them, and may prescribe the duties of such officers under such regulations as they may ordain. The city council may select a clerk, recorder, marshal, and city attorney, and shall prescribe their duties and compensation, and such other regulations as they deem necessary. Municipal officers. SEC. 13. The city council each year before the election for mayor, may fix a salary of the next mayor, and in the event they fail to do so, the mayor shall receive the same salary as was paid the year before. The city council may prescribe by ordinance a bill of cost and fees to be charged by officers of said city, and may provide for the disposition of said costs and fees. Salaries. SEC. 14. Power is hereby conferred upon the mayor, the mayor pro tem., the recorder, city attorney, and clerk of council respectively, to administer any oath or affidavit in relation to any matter connected with the affairs of the city government of Summerville. Oaths by whom administered. SEC. 15. The police court of the city of Summerville may be held at any place or at any time except Sunday; it may be held by the mayor, the mayor pro tem., by a recorder (if such office be created), by the city councilunder such regulations as the city council may adopt. The officers presiding in said police court shall have authority to punish persons convicted therein of violating the ordinances of said city by a fine not exceeding one

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hundred dollars ($100.00) or by imprisonment in jail of Chattooga county, or such other place as the city council may provide for prison, for a term not exceeding thirty days, either or both, and to coerce the payment of fines imposed by imprisonment. Labor in the chaingang or on the streets not exceeding sixty days may be allowed as alternative to fine or imprisonment. Sentence may be culminative. Contempt in said court may be punished in like manner. The city council may suppress cruelty to animals, gaming, the running of blind tigers, loud and disorderly houses, public indecency, loudness, obscurity, profanity and all like things, notwithstanding the acts may also be involved in State offences. Police court. SEC. 16. Any person convicted in the police court may obtain certiorari directly from the decision of the officer presiding in said court under the rules as certiorari is obtained from the decision of county judges in criminal cases, or he may waive his right to apply for certiorari, and may, within four days from rendition of the decisions in the police court, enter an appeal to the city council without payment of cost, who shall hear the case anew, and their decision shall be final. There shall be no certiorari from the decision of the council. The mayor or the mayor pro tempore, presiding in the police court, shall not be disqualified to act with the city council hearing the appeal. Certiorari from police court. SEC. 17. The following Sections of the first Volume from the Code of Georgia of 1895 shall be of force and effect as law, in relation to the city of Summerville, and are included in this charter in like manner as if set out in detail herein, except in so far as they may be inconsistent

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with what is herein otherwise enacted, to-wit: Sections 692, 696, 697, 698, 699, 701, 704, 705, 707, 708, 709, 712, 713, 714, 715, 716, 717, 718, 720, 723, 724, 732, 733, 734, 735, 740, 742, 744, 755. Statutory powers. SEC. 18. The city of Summerville shall have power to tax, license and regulate hotels, boarding houses, livery stables, means of public transportation, billiard saloons, ten-pin alleys, shows and exhibitions, drays, markets, and dealers in fish and oysters. They may impose special taxes upon any or all occupations and business, public or private, carried on in said town, and upon franchises and incomes. They may tax by special tax and regulate the business of insurance companies, express companies, railroad companies, telegraph companies, telephone companies, or the agents of any of them, but this enumeration shall not be constructed as excluding any other occupation or business from the taxing power of said city. They may put an ad valorem tax, not exceeding the constitutional rate, on all property in said city. The taxing power of said city shall be as general, full and complete as that of the State itself. Licenses. SEC. 19. The city council shall have the right to grant franchises for the use of their streets for the erection of telephone lines, electric light lines, gas lights, car lines, waterworks, and for other public utilities and all such franchises heretofore granted by the town of Summerville and now being exercised, and confirmed and made binding hereafter on the city of Summerville; provided, however, that no such franchise shall hereinafter be granted except after the publication of a notice that such application has been made, which notice shall

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give the names of the applicants for such franchises. and set forth clearly the rights which they desire to exercise, which notice shall be posted at the county court house door at least ten days prior to the granting of such franchise, and shall also be published once a week for two weeks in the paper in which the sheriff's advertisements of said county are published. Any franchise not made use of within twelve months from the granting thereof, shall be forfeited. The city council of Summerville may prohibit all persons, firms and corporations to whom they do not grant a franchise from using said streets for erection of poles, wires of encroachments of any nature. They may regulate the manner in which awnings may be erected in the said town and may, by ordinance, prescribe a method by which they shall be kept in repair at the expense of the owner or person erecting them. They may require the removal of awnings at their discretion. Franchises. SEC. 20. The city council may organize a fire department, and may make all needful regulations relating thereto. They may establish fire department, and may regulate the manner in which houses or other structures may be built or altered in any portion of the city. They may maintain a system of waterworks, gas works, electric lights or other lighting plant, sewerage and other utilities of like nature, and may prescribe and enforce all needful regulations in respect to them. The city council shall have authority to own, control, and regulate cemeteries in said city and to make all needful regulations respecting the same. The city of Summerville, through its city council or through officers provided for by them, may carry on any business not contrary to the laws of this State. Corporate powers.

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SEC. 21. The city council shall have the authority to establish, maintain and enforce quarantine regulations, and pass needful ordinances respecting thereto. Their jurisdiction for this purpose shall extend as far as the limits known as the Summerville school district. Quarantine. SEC. 22. Any process, summons, notice, execution or other like paper required to be served by the charter or ordinances of said city may be served and executed, and arrests may be made by the marshal or any police officer of said city, or by any constable, sheriff or deputy sheriff of said county. Arrests. SEC. 23. 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 said city shall be evidence of the facts so recited in any court of this State and shall be taken as prima facie true. Tax deeds. SEC. 24. The city council may adopt a code or ordinance, and may amend and repeal the same or any part of the same. City code. SEC. 25. The mayor and council shall have the power and authority to contract debts and issue bonds of said city under and in accordance with the limitation provided by the general laws of the State, applicable to municipalities, and with the funds arising from the sale of such bonds may refund existing debts, establish and maintain a system of waterworks and sewerage, a system of electric or gas lights, erect public buildings, school buildings, or any other improvements, conveniences or necessities for the use of the citizens of said city or for any other lawful purpose, for the public good. Finances of city.

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SEC. 26. It shall be the duty of the city council at their first meeting after they enter on the discharge of their duties, to appoint either from their own number or from the freeholders of said city, a board of three who shall be known as the board of tax assessors of said city, whose duty it shall be to make up an accurate list of all taxpayers of said city with a digest of all the property of every description, belonging to such tax payers subject to municipal taxation, and make a return thereof to the recorder, clerk of the council, or such other officer as the council may designate; said board of tax assessors shall require said tax payers to make a sworn return to them of all their taxable property with the taxpayers' valuation thereof, and it shall then be the duty of said board to go over such return carefully and add thereto such other property as may come to their knowledge that may be owned or controlled by such tax payer and not included in such return; and it shall be the duty to raise or lower the valuation placed on said property by said taxpayers so as to make a fair and equitable return of such property at a fair valuation. Said board or a majority thereof may perform the duties herein specified, and may, in the exercise thereof, summon witnesses, administer oaths, compel the production of papers, and any person refusing to comply with their mandates in the performance of their duties, as herein contemplated, shall be held in contempt of the city council. In case any taxpayer shall be dissatisfied with any assessment made by board of assessors, he shall have the right to appeal to the city council, and their finding shall be final. The city council shall fill vacancies on said board at any time any such vacancy may occur. The members of

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said board of assessors shall be paid for such services such an amount as the city council may tax. Tax assessors. SEC. 27. The enumeration of powers contained in this Act shall not be considered as restrictive, but the city of Summerville and its municipal authorities may exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and the city council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said city, and where, under this charter, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed; they may prescribe the method of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act, nor the laws of the State. General welfare. SEC. 28. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 16, 1909. SUMMERVILLE, VILLAGE OF, CORPORATE LIMITS EXTENDED. No. 94. An Act to extend the corporate limits of the village of Summerville in Richmond county, and for other purposes. SECTION 1. Be it enacted, That the corporate limits of the village of Summerville in Richmond county be extended, so as to include within the limits of said village, territory described as follows, to-wit: Commencing

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at a point on the southwest quadrant of the Summerville boundary line made by the intersection with said boundary line of a line running parallel to and three hundred (300) feet from the Southern edge of the Wrightsboro road and extending thence along a line running north, eighty-three degrees, fifty minutes, west, parallel to and three hundred (300) feet from the Southern boundary of the Wrightsboro road a distance of one thousand seven hundred and twenty-eight (1,728) feet, thence north three (3) degrees, forty-five minutes, east, along the western edge of Highland avenue, a distance of two thousand and twenty (2,020) feet, thence north eighty-five degrees and two minutes, west, a distance of one thousand five hundred and forty (1,540) feet, thence north five degrees and fifteen minutes, east, a distance of thirty-seven hundred and eighty-three (3783) feet, to within three hundred feet of the center of the Wheeler road, thence in a general easterly direction along a line parallel to, and three hundred feet from the center of said Wheeler road to an intersection with the present boundary line of the village of Summerville. Summerville, village of, in Richmond county; corporate limits. SEC. 2. Be it further enacted, That the jurisdiction of the village of Summerville be and shall be extended to all the territory embraced in said limits and all the ordinances of the village of Summerville now in existence shall apply to and be enforcible in said new territory. Jurisdiction. SEC. 3. Be it further enacted, That such streets and roads within the new territory as have heretofore been and constituted public roads of the county shall be and become streets of said village of Summerville, but no

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other streets, lanes or alleys now existing or laid off in said new territory shall be or become streets of the village of Summerville unless the commissioners of said village shall accept and adopt the same as streets of the village by express resolution or ordinance or impliedly by working the same. Streets. SEC. 4. Be it further enacted, That this Act shall become effective upon the first day of January, 1910. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 11, 1909. SWORDS, TOWN OF, INCORPORATED. No. 267. An Act to incorporate the town of Swords, Georgia, in the county of Morgan, said State; to define the corporate limits thereof; to provide for the election of officers; to provide and fix their powers and duties; to provide for working the streets in said town; to provide for the establishment of and maintenance of of the system of public schools in said town; to provide for the levy and collection of a tax to defray the expenses of said schools, erections of suitable buildings for said schools and defray the other expenses of said town; to fix and collect a business license on all persons and corporations doing business in said town of every nature; to confer certain powers and duties upon the mayor and aldermen of

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said town in regulations of an enactment of laws and ordinances for control of said town and to prescribe for assessment of fines and fixing of other punishment for offenders in 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 Swords in the county of Morgan be, and the same is, hereby incorporated under the name and style of the town of Swords, by which name it shall sue and be sued; plead and be impleaded, and shall have a perpetual succession and a common seal, and shall be capable in law and in equity to purchase, have, hold, possess and retain for the use of the citizens of said town any estates, real and personal, of whatsoever nature or kind within the jurisdiction or limits of the town of Swords. Swords, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend in every direction one-half mile from the west end of the switch and side track that intercepts the main line and in the center of the track of the main line of the Georgia Railroad running through said town (now Blue Springs). Corporate limits. SEC. 3. Be it further enacted, That the government of said town shall be vested in a mayor and three councilmen who shall be elected as hereinafter provided. Mayor and councilmen. SEC. 4. Be it further enacted, That J. B. Swords shall be, and is, hereby appointed mayor of said town; E. A. Bond, O. D. Caliway and L. C. Swords be, and are, hereby appointed councilmen of said town to hold their offices until the election and qualification of their successors in offices. Said mayor and councilmen and their

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successors in office are hereby created a body corporate with perpetual succession; they may have and use a common seal; may purchase, take, hold and possess for the use and benefit of said town, real and personal property, and make all such contracts as they deem necessary for the welfare of said town. SEC. 5. Be it further enacted, That on the second Tuesday of January, 1910, and annually thereafter on same day, an election shall be held in said town for the election of mayor and councilmen, three in number, at which election all male citizens of said town, who shall reside within the incorporate limits thereof for thirty days previous to said election and who are qualified to vote for members of the General Assembly of this State shall be entitled to vote. Said election shall be under the same rule and regulation as govern elections of the members of the General Assembly of the State; the managers shall give certificates of elections to the person receiving the highest number of votes, which certificate shall be recorded in the minutes of the council and shall be the highest evidence of the election of said officers. Election of mayor and councilmen. SEC. 6. Be it further enacted, That before entering upon their duties, the mayor and councilmen shall take and subscribe the following oath: I do swear that I will, to the best of my ability, discharge the duties of mayor or councilmen, as the case may be, of the town of Swords, during my continuance in office, so help me God. Any officer authorized by law to administer oaths may administer said oath. The mayor and councilmen provided for in this Act shall hold their offices until the regular election in January, 1910, and until

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their successors shall be elected and qualified. In case of vacancy in either office of mayor or councilmen, then the councilmen shall elect the successors to fill said vacancy who shall hold for the unexpired term. Oath of mayor and councilmen. SEC. 7. Be it further enacted, That said mayor and council shall have power to lay out streets and open new streets, lanes and alleys, and to change the same from time to time whenever necessary for the public good of said town and may condemn and appropriate for such use all real estate necessary for such purpose upon paying to the owner thereof reasonable compensation therefor which shall be agreed upon by said mayor and council and such owner. In case of disagreement as to price, the mayor and councilmen shall select one appraiser, the owner of the real estate one appraiser, and these two shall select a third appraiser, which said appraisers shall assess the value of the real estate and the sums so assessed shall be paid by the mayor and council, but either party dissatisfied with the judgment of the appraisers may within ten days from the renditions of said judgment of said appraisers, enter an appeal to the Superior Court of said county when the damages shall be assessed by a jury. Streets, etc. SEC. 8. Be it further enacted, That said mayor and council shall have power to provide such public buildings as may be necessary for the benefit of said town and to pass such ordinances regulating all business, private and public, all transportation through said town, public wells, to abate nuisances, public or private, shall suppress disorderly conduct, disorderly houses, and houses of ill-fame, within said corporate limits; to prevent loud and boisterous conversation or language, quarreling,

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vulgar and obscene language upon the streets or other places of said town, provide for paupers living in said town and to prevent paupers from being imposed on said town. Said mayor and council shall have power to pass all such by-laws and ordinances for the punishment of any person or persons for violations of any and all of the foregoing offenses or for any other offense that they may see fit to make punishable, not inconsistent with the Constitution and the laws of this State. Said punishment not to exceed imprisonment of thirty days or to work on said streets of said town not to exceed six months or a fine not to exceed one hundred dollars. Either or all of which may be imposed, upon the discretion of said mayor or mayor and council, and it shall be the duty of the marshal of said town, or his deputies, whenever it shall come to their knowledge that any of the by-laws or ordinances of said town have been violated, to arrest the offenders and carry them at once before the mayor and in his absence, the mayor pro tem. and in the absence of both, before majority of councilmen, who shall proceed to try said offenders on charges so preferred by said arresting officer and should they be adjudged guilty, the punishment for the offense charged shall be then and there pronounced, and it shall be executed by the marshal or his deputies instanter. If it shall not be convenient for the marshal or his deputies to bring any person or persons arrested by them before the court immediately; they may temporarily imprison said person or persons until they can be tried, not to exceed seven days of imprisonment. Said marshal or his deputies shall have full powers and authority to take for the appearance of said prisoners a good and solvent bond payable to the mayor and his successors

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in office of such persons charged with the violation of said town ordinances to answer such charge. In the event any person is dissatisfied with his sentence and the judgment of the mayor or mayor pro tem. he shall have a right to appeal to the council under such regulations as may be prescribed by the ordinances of said town. Corporate powers. SEC. 9. Be it further enacted, That for the transaction of business, except as is otherwise provided in this Act, the mayor and two councilmen shall constitute a quorum of said board. Quorum of council. SEC. 10. Be it further enacted, That said mayor and council shall have control over the roads, streets and alleys of said town and it shall be their duty to keep the same in good order and condition and for this purpose they shall have power to compel every person residing in said town who is subject to road duty under the laws of this State to work upon the streets of said town, under the direction of the marshal or street superintendent, for any time not longer than the number of days now fixed by the laws for the working of the roads of this State, or said mayor and council may fix a street tax for such sum as they see proper, not to exceed the sum of four dollars per annum that may be paid in lieu of working the streets and such tax when collected shall be used in working the streets of said town. Streets, etc. SEC. 11. Be it further enacted, That the mayor and council shall annually elect at their first meeting a mayor pro tem., a treasurer, a clerk and a marshal, all to hold their offices under such rules and regulations as the council may adopt. Municipal officers.

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SEC. 12. Be it further enacted, That the mayor and council of said town shall have power to levy and collect an ad valorem tax not to exceed one per cent. for the ordinary current expenses of the corporation, and not to exceed one and one-half per cent. for both ordinary and extraordinary expenses of said corporation upon all the taxable property within the corporate limits of said town, to ascertain the taxable value of the property of said town; the mayor and council shall have returns made to them by the owners of property, and of all the property owned by them within the corporate limits of said town, on oath, which return, if satisfactory to said mayor and council shall be the amount of which the assessment shall be made; but should said returns be unsatisfactory to the said mayor and council, they shall proceed to make out a return for said tax payers, as shall in their best judgment appear to be reasonable and just and on this last return, make the assessment as aforesaid, which shall be done under rules passed and subscribed before-hand by said mayor and council. Ad valorem tax SEC. 13. Be it enacted further, That said mayor and council shall have authority to establish in said town a system of public schools for the benefit of the citizens of said town after having first submitted the question to the qualified voters of said town and should the majority of votes cast at such election be in favor of the establishment of a system of public schools, then the mayor and council of said town shall have authority to levy a tax as hereinbefore set out, not to exceed one-half of one per cent. for the support and maintenance of said public schools and to regulate the attendance of said public schools by making rules and by-laws to control

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and define the working of said school. All male inhabitants who are qualified to vote in the mayor's election preceding such election shall be qualified to vote in said election so called. Public schools. SEC. 14. Be it further enacted, That the clerk of council shall have power and authority to issue executions for all taxes levied by the town authorities and for all special taxes imposed as well as for all fines, bond forfeitures imposed by the authorities of said council. Collection of taxes, etc. SEC. 15. Be it further enacted, That in addition to the ad valorem tax herein provided for, the mayor and council shall also have authority to levy a special tax on all billiards and pool tables or other tables of like character, on all shows of every kind, upon all street peddlers, upon all callings and business as they may think just and proper. Special taxes. SEC. 16. Be it further enacted, That the marshal, clerk and treasurer of said town shall before entering the duties of their offices give such bond as the council may direct for the faithful discharge of the duties of their office and each of said officers may be removed from said office upon the discretion of said council, and the compensation of all officers of said town shall be fixed by the mayor and council of said town at their first meeting after election and qualification. Bonds of officers. SEC. 17. Be it further enacted, That the mayor of said town shall receive such compensation as the council shall fix at the first meeting and said councilmen shall serve said town without compensation. Salary of mayor.

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SEC. 18. Be it further enacted, That the mayor and council of the town of Swords by and in their corporate name shall have and use all the power granted and embraced in Section 684 to and including Section 699 of the Civil Code of Georgia, where the same is not in conflict with the provisions of this Act and so far as the same are not in conflict with anything herein contained. Said sections are embodied in and made a part of this charter. Statutory powers. 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 16, 1909. SYLVANIA, CITY OF, NEW CHARTER. No. 285. An Act to amend, consolidate and supersede the several Acts incorporating the city of Sylvania in the county of Screven; to create a new charter and municipal government for said city; to declare the rights and powers of such 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 from and after the passage of this Act, the municipal government of the city of Sylvania shall consist of a mayor and six councilmen, who are hereby constituted a body corporate under the name and style of the city of Sylvania, and by that name shall have perpetual succession, shall be capable of suing and being sued in any of the courts of law or

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equity in this State; shall have and use a common seal, be capable in law and equity to hold, purchase, receive, possess, retain and enjoy, to them and their successors, for the use of said city of Sylvania, any real or personal property of whatever kind or nature within or without the jurisdictional limits of the city of Sylvania, and shall succeed to all the rights and liabilities of the present corporation of the city of Sylvania. The center of the corporate limits of said city, and the said corporate limits shall be one mile from said center of the court house in each and every direction. Sylvania, city of, reincorporated. SEC. 2. Be it enacted, That the present mayor and council, to-wit: J. J. B. Morel, mayor, and J. W. Powell, W. J. Walker, L. L. Cubbedge, L. H. Hilton and T. J. Evans, councilmen, elected on the first Tuesday in January, 1909, for a term of one year, shall continue in office until the first Thursday in January, 1910 and until their successors are elected and qualified, and said mayor and council shall exercise all the powers and authorities conferred upon the mayor and council of said city of Sylvania, created by this charter. Mayor and councilmen. SEC. 3. Be it further enacted by the authority aforesaid, That on the first Thursday in January, 1910, there shall be elected for said city, by the qualified voters therein, a mayor and six councilmen. At such election the three councilmen elected receiving the highest number of votes shall serve for a term of two years, and until their successors are elected and qualified; the other three councilmen elected at such election shall serve for a term of one year, and until their successors are elected and qualified on the first Thursday in January, 1911, and annually thereafter, there shall be an election in the

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said city of Sylvania, by the qualified voters therein, for three councilmen whose term of office shall be two years, and until their successors are elected and qualified, the three councilmen annually elected succeeding the three councilmen whose term of office has last expired. On the first Thursday in January, 1910, and every two years thereafter a mayor shall be elected for a term of two years and until his successor is elected and qualified, and at such election, when a mayor is to be elected, the mayor and three councilmen shall be elected at the same election, and under the same rules. Election of mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That persons qualified to vote for members of the State legislature in the county of Screven, and who shall pay all taxes legally imposed and demanded by the authorities of the city of Sylvania, and who shall have resided six months within the jurisdictional limits of the city of Sylvania, and no other, shall be entitled to vote in said election above provided for. Voters. SEC. 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That the mayor and council of the city of Sylvania shall have power and authority to pass such ordinances, rules and regulations as to registration, not in conflict with Section 4 of this Act, as they see fit, for the government of elections, both general and special. Registration of voters. SEC. 6. Be it further enacted, That said election shall be held at the court house in the city of Sylvania, under superintendence of a justice of the peace and two freeholders, or three freeholders, all of whom shall be appointed by the council at least five days before the election,

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and each of said election managers, before entering upon his duties shall take and subscribe an oath before some officer duly authorized by law to administer oaths, that he will faithfully and impartially conduct said election, and will prevent all illegal voting, and allow all to vote who are entitled to vote, to the best of his knowledge and power; it shall be the duty of the managers to receive, count and verify the number of votes polled; and in case the said managers shall entertain any doubt to the qualification of any person who offers to vote in said election, they shall have the power, and it shall be their duty, to administer to such applicant to vote the following oath: You do solemnly swear that you are twenty-one years old; that you are a citizen of the United States and of the State of Georgia; and that you are qualified to vote for members of the legislature from Screven county; that you have resided for the past six months in the city of Sylvania; that you have paid all taxes legally demanded of you, or in lieu of street tax have done all work on the streets of the city legally required of you by the city of Sylvania; that you have complied with the registration laws of the city of Sylvania and have not voted before during this election, so help me God. Election managers. SEC. 7. Be it further enacted, That any person voting illegally in any election of the city of Sylvania, shall be subject to the same punishment as is now prescribed for illegal voting in any State or county election. Voting illegally. SEC. 8. Be it further enacted, That in all elections in said city the polls shall be opened at 8 o'clock a. m. sun time, and close at 6 o'clock p. m. sun time. Persons receiving the highest number of votes for the respective

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offices shall be elected. The mayor and council shall determine and provide for the payment of all election managers, and any clerks that may be necessary for holding said election. Expenses of elections. SEC. 9. Be it further enacted, That after the votes for mayor and councilmen have been counted, at any election in said city, the managers shall cause two certified copies of the list of voters and tally sheets to be made out, one of which shall be handed to the mayor for the time being, and the other shall be retained by the managers, and as soon as the mayor as aforesaid shall be informed as to the result of said election, he shall cause the persons elected as aforesaid to be notified of the same, and the persons so elected shall attend at the place for holding council meetings, on the first Tuesday in February, after such election, and the mayor and each member of the council elected shall take and subscribe the following oath: I swear that I will faithfully and impartially perform all the duties required of me as mayor (or as councilman, as the case may be) during my continuance in office, by supporting only such measures, as in my judgment, shall be calculated to promote and preserve the best interests of the city of Sylvania, so help me God. Which said oath shall be administered by some officer duly authorized by law to administer oaths. Lists of voters. Oath of mayor and councilmen. 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,

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and entitled to register under the registration laws which may be in force at that time in said city of Sylvania. Qualifications of mayor and councilmen. SEC. 11. Be it further enacted, That in case of any vacancy in the council, occasioned either by death, resignation, failure or refusal to act, failure to elect, removal from office or removal from the city, or from any other cause, the mayor shall order a new election to fill such vacancy, and shall advertise in some public gazette a ten days' notice of such election to fill such vacancy, which said election shall be conducted as herein prescribed for regular elections. Vacancies. SEC. 12. Be it further enacted, That at the first regular meeting after election and organization, the council shall elect some one of their number as mayor pro tempore, who shall preside over their body in the absence of the mayor, and shall be clothed with all the rights and powers of the mayor during the absence of the mayor. Before entering upon any of the duties as such mayor pro tempore, he shall take such oath as the council shall prescribe for the faithful discharge of his duties; in the event of the absence of both the mayor and mayor pro tempore, the council shall elect a chairman from their body who shall be clothed with all the rights and powers of the mayor, and shall serve during the absence of both the said mayor and mayor pro tempore upon his taking the same oath as mayor. In case of the death, resignation, removal or disqualification of the mayor, the mayor pro tempore, upon taking the oath as mayor, shall serve as mayor with all the rights, powers and duties of the latter officer. Mayor pro tem.

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SEC. 13. Be it further enacted, That the mayor shall be the presiding officer at meetings of the council, but shall not have the right to vote on any legislative question before that body except in case of a tie; he shall be the chief executive officer of the city, and shall have general supervision over all its affairs; sign all deeds and contracts, and approve all bills and vouchers for the payment of money; he shall have the veto power, and may veto any ordinance or resolution passed by the council, in which event the same shall not become law unless subsequently passed over his veto by the vote of at least four of the six councilmen on a yea and nay vote, duly recorded in the minutes of the council, but any ordinance or resolution passed by the council shall become law regardless of the veto of the mayor, unless the mayor shall file with the recorder his veto of such measure, within four days after same has been passed by the council. Powers and duties of mayor. SEC. 14. Be it further enacted, That the mayor and council shall constitute the legislative department of the city government, and as such shall have power, from time to time, to pass such ordinances, and establish such rules respecting the streets, and each and every line of business conducted within said city of Sylvania as they shall deem requisite and proper for the health, security, welfare and convenience of the said city, and for preserving the peace, good order and dignity of the same. Corporate powers. SEC. 15. Be it further enacted, That the mayor and council of said city shall receive no salary for their work, except that they, as well as other officers of the said city government, shall be exempt from street tax, in lieu of receiving a salary. Salaries.

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SEC. 16. Be it further enacted, That at the first meeting of the mayor and council after election and organization, and annually thereafter, the mayor and council shall elect a city recorder, whose qualifications shall be the same as those of the mayor; he shall take such oath of office, and give such bond with good and sufficient security, to be approved by the mayor and council, for the faithful performance of his duties, as the mayor and council shall prescribe. He shall be the clerical officer of the council, and his duties shall be such as are prescribed by the ordinances of the city and by the mayor and council; his compensation shall be such as the mayor and council shall prescribe, and shall hold office for one year, and until his successor is elected and qualified; and may be removed at the pleasure of mayor and council. Recorder. SEC. 17. Be it further enacted, That at the same time of electing a recorder, the said mayor and council shall elect a treasurer for the city of Sylvania, whose qualifications shall be the same as the mayor. He shall take such oath of office as the mayor and council shall prescribe, and shall perform all such duties, as under the ordinances fall upon him and as are directed by the mayor and council. He shall give bond in such sum as the mayor and council shall prescribe, made payable to the mayor and council, and their successors in office for the use of the city of Sylvania, said bond to be approved by the mayor and council, for the faithful discharge of his duties; and shall be paid such compensation as the mayor and council shall prescribe, and hold office for one year. Treasurer.

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SEC. 18. Be it further enacted, That the mayor and council at their first regular meeting may, in their discretion, elect a city attorney, whose term of office shall be two years from his election, and whose duties shall be such as are prescribed by the ordinances of said city, and such as may be required of him by the mayor and council; his compensation shall be such as shall be agreed upon between himself and the mayor and council; the said mayor and council may, if they deem same advisable, employ associate counsel to assist the regular city attorney. City attorney. SEC. 19. Be it further enacted, That the said mayor and council shall be authorized, if they see fit, to elect a city physician, whose duties shall be such as may be prescribed by the ordinances of the city of Sylvania, and such as may be required of him by the mayor and council, and whose compensation shall be agreed upon between himself and the mayor and council. City physician. SEC. 20. Be it further enacted, That the mayor and council shall have the power and authority to appoint three persons as a board of health, and the chairman of the sanitary committee of the said council shall be exofficio chairman of the board of health. The duties, powers and compensation of said board of health shall be such as may be prescribed in the ordinances and bylaws of the said city of Sylvania, and as shall be directed by the mayor and council. Their term of office shall be one year. Board of health. SEC. 21. Be it further enacted, That at the first regular meeting of the mayor and council in February in each year, the said mayor and council shall elect a marshal for such time as they deem advisable, whose compensation

Page 1399

shall be such as the mayor and council may direct and prescribe; he shall take such oath as the mayor and council may prescribe, and shall give bond, with good security, in such amount as the mayor and council shall prescribe, to be approved by the mayor and council, payable to the mayor and council, and their successors in office for the use of the city of Sylvania; the said marshal shall perform all such duties as may be required of him by the ordinances and by-laws of said city, and as may be required by the mayor and council. He shall hold his office at the pleasure of the mayor and council who shall have the right and authority, without trial, to suspend or remove such marshal, for failure to perform his duties, for a breach of duty, for incapacity or for drunkenness, and appoint a marshal in his stead. The mayor may at any time during recess suspend said officer until the next regular meeting, without pay, and appoint a substitute; at the next regular meeting of the mayor and council, after such suspension, the mayor and council shall elect a marshal to take the place of such suspended marshal. Marshal. SEC. 22. Be it further enacted, That the mayor and council may, if they deem it necessary, may appoint and employ such additional police or detective force, at such compensation, as the mayor and council may determine, whose duty it shall be to assist the marshal, and the acts of such assistant marshal or police shall be as legal and binding as if done by the regularly elected marshal. He shall be required to take such oath, and give such bond, if the mayor and council require it, as is required of the regular marshal. Police

Page 1400

SEC. 23. Be it further enacted, That the mayor and council of said city of Sylvania shall have the power to authorize by ordinance the marshal, or his assistant, to summon any or all by-standers to aid in the arrest of any person, or persons, charged with a violation of any of the ordinances of said city, or any of the laws of said State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. SEC. 24. Be it further enacted, That it shall be law-ful for the marshal of the city of Sylvania, and any one employed to assist him, to arrest on his own motion, and without warrant, any person or persons within the corporate limits of the city of Sylvania charged with violating any of the ordinances of said city and to place such person in the county jail of Sereven county, or such other place as may be designated by the mayor and council of the city of Sylvania until a hearing before the proper officers can be had. The said marshal and his assistant is hereby authorized to the same extent as sheriffs of this State, to execute any warrant placed in his hands charging any person or persons with a violation of any of the penal laws of this State. The said marshal, or his assistant, 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 Sylvania; provided, they shall not be authorized to go outside the city limits for the purpose of making an arrest, except in obedience to a written warrant signed by the mayor, mayor pro tempore, or acting mayor. Arrests. SEC. 25. Be it further enacted, That there shall be established a mayor's court for the city of Sylvania,

Page 1401

and the mayor, mayor pro tempore, or acting mayor, as hereinbefore provided for, shall preside therein, at such time and place as the mayor, mayor pro tempore, or acting mayor, as the case may be, shall direct, and as often as may be necessary to clear the guard house or other place where prisoners may be confined. Said court shall have power to enforce its judgments by inflicting such penalties as may be provided by law, he shall have power to punish all violators of the ordinances of said city by fine, imprisonment in the county jail, or at labor upon the public works in the city chaingang. The fine in no case to exceed one hundred dollars; the imprisonment in the county jail, or such other place as may be designated by the mayor and council of said city in no case to exceed thirty days, and the sentence to work upon the public works in the city chaingang not to exceed in any one case six months, but he may impose any one or all of said sentences, or any part of any one of said sentences, or any parts of all of said sentences, and the fines imposed may be collected by execution as other executions in favor of said city are collected. The said mayor's court shall have 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 as judge of the Superior Courts. Mayor's court. SEC. 26. Be it further enacted, That the mayor, mayor pro tempore, or acting mayor, as the case may be, shall have the power in said court, if the offense charged against the defendant 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 by a justice of the peace under the

Page 1402

laws of this State, to the city court of Sylvania if the offense charged is a misdemeanor under the laws of Georgia, or to the Superior Court of Screven county, if the offense charged is a felony. Commitments. SEC. 27. Be it further enacted, That the mayor and council of the city of Sylvania shall have the power and authority to organize one or more chain-gangs, or work gangs, and confine therein persons who have been sentenced by the mayor's court to work upon the chain-gang, or public works of said city; and shall have power and authority to make such rules and regulations as they may deem expedient and beneficial for the care, management, and control of said chain-gang or gangs, and to enforce the same through its proper officers. Chain-gang. SEC. 28. Be it further enacted, That any person convicted in the mayor's court for a violation of any of the ordinances of said city, shall have the right to appeal to the council, but before said appeal and as a condition precedent thereto, said person shall deposit, with the treasurer of said city, to be applied in payment of the fine and costs, if finally convicted, the money fine imposed and all costs incurred in the case, the said deposit to remain in the hands of the treasurer until the final termination of the case, and if said person be finally acquitted, such deposit, on demand, shall be paid to him by the treasurer. In lieu of the payment as above specified, such person appealing shall have the right to give good and sufficient bond, to be approved by the officer before whom the conviction was had, in a sum equal to double the amount of the fine imposed, and costs incurred, conditioned to pay the amount of the fine imposed and all costs incurred, in case of final conviction;

Page 1403

in cases of appeal where the defendant has been sentenced to confinement in jail, or sentenced to work upon the chain-gang of said city, the bond shall be in such amount as the trial officer may prescribe, to be approved by him, conditioned to produce the body in case of final conviction, and also to produce the body for trial at any time necessary for a hearing in said case. In the event any person convicted shall take and subscribe an oath, before the trial officer, that, on account of poverty, he is unable to pay over the fine and costs, when a money fine has been imposed, such appeal shall be accepted by the trial officer; any person convicted in said court, sentenced to jail, or to the city chain-gang, who can not give the bond required, shall be placed in prison to await the final determination of the case. All appeals must be entered in writing not later than four days from the time of trial, and filed with the officer before whom the conviction was had. Upon appeal being entered as above provided, the council shall have power to reverse the decision of the trial officer, modify or change the penalty, increase the same or sustain the mayor. The mayor, mayor pro tem., or acting mayor, as the case may be, is hereby given power to issue warrants, to hold courts of inquiry, commit offenders, or admit them to bail in all cases where a justice of the peace may commit or hold to bail; all fines imposed in the mayor's court, when collected by the treasurer shall go into the general fund. Appeals. SEC. 20. Be it further enacted, That the jailer of Screven county shall be authorized to receive persons by the marshal of the city of Sylvania, or his assistant, or convicted in the mayor's court of said city, or bound over to jail by the committing officer upon the same

Page 1404

terms as other prisoners are received, and the city of Sylvania shall be responsible to said jailer for all expenses attending the keeping of said prisoners, including jail fees. Jail of Screven county. SEC. 30. Be it further enacted, That any person arrested for violating any of the ordinances of said city of Sylvania, shall have the privilege of giving an appearance bond, with good and sufficient security, to be assessed and approved by the said marshal, conditioned for his appearance at court on the following Monday morning; provided, however, that it shall be discretionary with the marshal, or assistant, whether he will accept bond, or imprison the defendant, in case prisoner's physical condition is such that the arresting officer deems it best for the peace and safety of the citizens of the city that such person be detained in prison until there shall be an opportunity of trying said case; and provided, further, that no person shall be so detained by the marshal or assistant, on his own motion, for more than twenty-four hours without bail, if the person so detained can offer bail. Appearance bonds. SEC. 31. Be it further enacted, That the mayor and council shall declare by proper ordinances what are nuisances, and shall pass such ordinances as shall most effectively abate the same. The said mayor, mayor pro tempore, or acting mayor, as the case may be, shall be authorized to try and abate all nuisances within the jurisdictional limits of the said city of Sylvania. Nuisances. SEC. 32. Be it further enacted, That the mayor and council shall have full power and authority to pass such ordinances, and adopt such rules and regulations as will

Page 1405

secure the successful and efficient conduct of the business affairs of the city at large, and the business of its courts. Corporate powers. SEC. 32. Be it further enacted, That it shall be the duty of the marshal of said city to levy and collect all executions for taxes, or other money due the city; to advertise and conduct the sales of property sold under execution, or other process by the city; to make title to property sold at such sale by deed or other usual conveyance, and to perform any and all such service as may be required of him by the mayor and council, and such as may be prescribed by the ordinances of said city. Duties of marshal. SEC. 33. Be it further enacted, That the mayor, mayor pro tempore or acting mayor, when any person or persons are arraigned before the mayor's court, charged with a violation of any of the ordinances of said city may for good cause shown by either side continue the hearing to such time as may be fixed, and the accused shall be required to give bond and security for his appearance at the appointed time and place for trial, or be imprisoned to await the trial. If such bond be given, and the accused fail to appear at the time and place fixed for the trial, the bond may be forfeited by the mayor, mayor pro tempore, or acting mayor, as the case may be, under the same mode of procedure as is prescribed for forfeiting bonds in the city court of Sylvania. The mayor, mayor pro tem., or acting mayor, as the case may be, shall have power and authority to accept cash in lieu of bond and security for offenders for trial, and if such offender shall fail to appear at the time and place fixed for trial, the cash so deposited

Page 1406

shall be by the presiding officer, declared forfeited to the city of Sylvania. Appearance bonds. SEC. 34. Be it further enacted, That the mayor and council shall have full and complete control of the streets and sidewalks, alleys and squares of 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, grading, and in any way improving or 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 sought to be condemned is in the hands of the owner or a trustee, executor, administrators, guardian or agent, in the manner provided by Sections 4657 to 4686 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 buildings, steps, fences, gates, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or other public places in said city and to enforce the provisions of this Section by appropriate ordinances. Provided, that the right to condemn private property for the public use for the right to remove or cause to be torn down any buildings or other improvements shall not exercise except when public necessity requires it, which shall be judged of only by a majority of the entire council of the city of Sylvania at a regular meeting after having given at least ten days' notice of the intention to do such Act as the time and place of such hearing, from which decision the right of appeal is preserved. Condemnation for streets, etc.

Page 1407

SEC. 35. Be it further enacted, That the mayor and council of said city shall have full power and authority in their discretion, to pave, grade, macadamize and otherwise improve for drainage and travel, the streets, sidewalks, squares and alleys of said city, and in order to carry into effect the above authority, the said mayor and council shall have authority to assess the cost of paving, including one-half the cost of the necessary curbing, on the real estate abutting on the sidewalk so improved; the mayor and council shall have the authority to assess one-half of the cost of paving, grading, macadamizing and otherwise improving any street or square of said city against the property abutting on the street or squares so to be improved one-fourth of said cost being assessed against the property on each side of said street or square so improved. The cost assessed against abutting property owners shall be in proportion to the linear feet of said property abutting on the street or square to be improved. That the amount of the assessment on each piece of property abutting such street or square to be so improved shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making assessment. The mayor and council shall have full power and authority to enforce the collection of the amount of any assessment so made for work, either upon the street, sidewalks, or squares of said city, by execution issued by the recorder against real estate so assessed for the amount of the assessment against the owner at the date of the 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 cases of other sales, the same shall be sold at public outcry,

Page 1408

before the courthouse door of the county of Screven, to the highest bidder for cash. Said marshal shall have the power to eject the occupant and put the purchaser or purchasers in possession; provided, however, that 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 the execution issued, and stating the amount which he admits to be due, which amount admitted to be due, with all costs, shall be paid before the affidavit shall be received, and the affidavit, when received, shall be returned to the Superior Court of Screven county, and there tried and the issue determined as in cases of illegality, and subject to all the rules regulating the trials of illegality in the Superior Court, and subject to the penalties provided as in cases of illegality filed for delay. The mayor and council shall have the right and authority to pave and contract to pave the entire surface of any sidewalk, street or square, without giving any property owner the right to pave his or her share of said work, the object being to secure uniformity, and to prevent delay. The lien for assessment on abutting property on the street, sidewalk or square for paving, macadamizing and otherwise improving shall rank in priority of payment next in point of dignity to liens for taxes, such lien to date from the date of the passage of the ordinance authorizing the execution of the work in each case. Provided, however, that the powers given in this Section shall not be exercised except by a majority vote of the entire council of the city of Sylvania at a regular meeting of said council, after ten days' notice has been given to all property holders to be affected, and said council shall provide how the owners shall be served with notice by personal service

Page 1409

or by publication, and where the property owner can not be found to provide for same without notice. Improvement of streets, etc. SEC. 36. Be it further enacted, That the mayor and council of said city shall have the authority to grant the right to use the streets of said city for railroad, telegraph, telephone, gas, water and electric light purposes. In granting any franchise they shall specifically enumerate and impose every limitation, duty and charge necessary to fully protect the interest, present and future, of the said city and its citizens. The powers herein granted shall not be exercised until notice of the intention to grant same shall be published by posting at least three notices at public places in the city of the meeting at which privileges or franchise is proposed to be granted. Franchises. SEC. 37. Be it further enacted, That said mayor and council shall have power and authority to establish a system of waterworks, sewerage, electric lights, or any of them, in said city, for the purpose of supplying its inhabitants and the city, as well as consumers generally, with water, sewerage and lights, or any of them; and said mayor and council shall have the power to do any and all things necessary for such purposes; to contract with any person or persons for the purchase of lands or premises to be used in connection therewith, whether within or without the city, and if necessary, to condemn the same as hereinbefore provided for. Said mayor and council shall have the authority to make contracts for the purchase of plants, machinery, etc., and make contracts with the inhabitants of said city and with consumers generally as to the furnishing of water, sewerage and lights, or any of them; that when the said

Page 1410

mayor and council grant the use of the streets and other public property to any person, firm or corporation, as they are hereby authorized to do, that will undertake to furnish the city and the public with electric lights, water, sewerage, or any of them, they to make such contracts with such persons, firms or corporations for water, sewerage and lights, or any of them, as the mayor and council may think proper; provided, that the city shall not be bound by any such contract for a longer period than one year from the making thereof, unless said contract shall have first been approved by a majority vote of the qualified voters of said city at an election to be held for that purpose, of which at least four weeks' notice shall be given in some newspaper of said city by said mayor and council, which notice shall contain a substantial statement of the proposed contract, as well as the time and place of the election, and which election shall be governed by the laws applicable to the regular elections for officers of said city. The mayor and council of Sylvania are hereby authorized and empowered to pass such ordinances, rules and by-laws as may be necessary to carry out and effectuate the powers herein granted. Light, water and sewerage. SEC. 38. Be it further enacted, That the city of Sylvania shall be authorized to issue bonds, either for the payment of its debts, or for public improvement, under the provisions of Sections 377 to 381 inclusive, of Volume 1 of the Code of Georgia of 1895. Municipal bonds. SEC. 39. Be it further enacted, That the mayor and council of the city of Sylvania shall have power and be authorized to levy and collect a tax annually of not exceeding one and one-fourth per centum upon all and

Page 1411

every species of property, both real and personal, within the city of Sylvania, including bonds, notes, debts, money employed in banking and otherwise, choses in action, insurance, and all other capital employed. They shall have the power and authority to levy and collect a specific tax upon factors, bankers, agents or managers of gift enterprises, and upon all persons exercising within the city of Sylvania any profession, trade, calling or business of any nature whatever; provided, said tax is not in conflict with the laws of this State. They shall have the power and authority to tax all theatrical performances, exhibitions and shows of any kind whatever within the corporate limits of the city. They shall have the power and authority to levy and collect a street tax upon each male inhabitant of the city of Sylvania subject to road duty, between the ages of sixteen and fifty years; provided, said street tax shall not exceed the sum of five dollars per annum for each person subject to such tax; and provided, further, that such person may, in lieu of paying said tax, work upon the streets of the city fifteen days under the direction of the city authorities; in case of failure to do work or pay such tax, the mayor and council may enforce the collection of the same by execution or compulsory labor on the streets, at their discretion, as for a violation of an ordinance. Taxing powers. SEC. 40. Be it further enacted, That the mayor and council shall be authorized to impose a license upon dogs within the city limits in such manner and mode as the mayor and council may deem advisable; provided, that a license of not more than two and one-half dollars shall be required per capita per annum on said dogs. Dog tax.

Page 1412

SEC. 41. Be it further enacted, That the mayor and council shall have the power and authority to license auctioneers and vendue masters for the city, charging therefor as they may deem proper; they shall have the power to license all vehicles of every kind and description, including automobiles, and limit the rates of freight and passage on same, and shall also have the power to limit the speed of all such vehicles operating within the city limits; also, to license all hotels, boarding houses, restaurants, barber shops, livery stables, and all other classes of business carried on in said city not herein enumerated and not otherwise taxed by the city of Sylvania; they shall have the authority to license the sale of fresh meats usually sold at markets, and to provide by proper ordinances for inspection of all such meats as may be offered for sale at any such market within the city limits, as well as all meats offered for sale by parties other than those operating markets within the city, and meats brought to the city from other places and offered for sale; they shall have the authority to levy and collect a license upon all itinerant traders doing business in said city; upon all venders and sellers of any articles, goods, wares or merchandise therem who have no permanent place of doing business in said city; they shall have the authority, by proper ordinances, to make all suitable laws and regulations necessary and proper to carry into effect the powers herein conferred, and to prescribe suitable penalties for all violations of same. Licenses. SEC. 42. Be it further enacted, That the mayor and council of the city of Sylvania shall have power and authority to provide by ordinance when the taxes and licenses of said city shall fall due, within what time

Page 1413

same shall be paid, when executions shall issue against defaulters, and to fix a penalty for the non-payment of taxes and licenses when due. Collection of taxes, etc. SEC. 43. Be it further enacted, That the mayor and council shall annually appoint three disinterested free-holders, who shall be discreet, upright persons, citizens and qualified voters of said city, and owners of real estate therein, as city tax assessors, whose term of office shall be one year, and who shall be sworn to assess the real and personal property, including notes, bonds, accounts, and every other species of property of said city at a fair market value, according to the best of their skill and knowledge. The mayor and council shall have authority to prescribe rules for the government of said assessors. Said assessors shall make returns of the assessments made by them to the said mayor and council each year, thirty days before the time for collecting taxes. When said return has been made, said mayor and council shall appoint a place and time for hearing objections to the assessments, said objections to be heard by said mayor and council, of which public notice shall be given as may be prescribed by ordinances, and the recorder shall give each owner of property whose tax returns have 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, executor, administrator or guardian, notice to such agent, executor, administrator or guardian shall be sufficient. If the owner is not a resident of said city and has no agent residing therein, the mayor and council shall prescribe by ordinance what notice, if any, shall be given. Said mayor and council shall have the power to provide by ordinance for assessing all property, both

Page 1414

real and personal, not returned for taxation, and for double taxing defaulters. Such city tax assessors shall take such oath and receive such compensation as the mayor and council shall prescribe. Such city tax assessors shall have the power to require all taxpayers in said city to furnish them with a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments, when in their opinion their production is necessary for a correct and true assessment. All assessments made by said assessors shall become final if no objection is made on or before the time set for a hearing of objections by the mayor and council, noticesuch as the mayor and council may, by ordinance, prescribehaving been given of such hearing; and if no objection is made at the said hearing to any assessment, the decision of the mayor and council, on the hearing of subjects, may increase or decrease the assessment as made by the city tax assessors, and in all cases the decision of the mayor and council is final; the said board of assessors, as well as the mayor and council, shall have authority to punish for a contempt any person failing or refusing to furnish any of the evidences of investment, such as notes, accounts, stocks, bonds and mortgages heretofore set out. Tax assessors. SEC. 44. Be it further enacted, That in case any property which is subject to taxation was not assessed, or for any reason has not been assessed in any past year, 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 for taxation as required by law, and if the mayor and council have provided for double taxing of defaulters, execution shall then issue therefor, as in other cases, at the rate obtaining

Page 1415

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 the future may be omitted for any cause from return or assessment, and the collection of taxes omitted in any year. The mayor and council 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 in this Section shall be made by the city tax assessors. Back taxes. SEC. 45. Be it further enacted, That executions for any and all taxes, licenses or demands of any kind due the city by any person, firm or corporation, or against any property subject thereto, shall be issued by the recorder of said city, signed by him, bear test in the name of the mayor, and be directed to the marshal of said city and his deputy, and to all and singular the sheriffs, deputy sheriffs, and constables of said State, commanding them that of any property belonging to the defendant against whom execution issued, or of certain property described in the execution, they make by levy and sale the amount due on the execution, with all costs. The mayor and council shall, by proper ordinances, provide for the time, the method of conducting, and all registrations governing the marshal's sale under said execution, which shall be had at the court house door of the county of Screven. The sheriffs, deputy sheriffs, and constables of this State shall proceed in the same manner to levy and collect executions issued by the city of Sylvania, as they levy and collect executions

Page 1416

issued from the respective courts of which they are executive officers. Collection of taxes, etc. SEC. 46. Be it further enacted, That the mayor and council shall have power to fix fire limits within said city, and in their discretion, from time to time, enlarge, change and extend the same; they shall have the power and authority to prescribe when, how, and of what material buildings located within said fire limits shall be constructed; how thick the walls must be, how the chimneys, stove flues, stove pipes, and other openings shall be constructed, and to do any other thing that may be necessary to the proper protection of said city and its citizens from danger from fire and to prevent fire from spreading from one building to another; they shall also have authority to order any changes in the construction or arrangement of any buildings, chimneys and flues, or other openings, or order the removal thereof, when in their opinion the same are dangerous or likely to become so, and to require the owner of the premises to pay the expense of such change or removal, which expense may be collected as taxes are collected. And if any firm, person or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the mayor and council shall order such building altered or removed, and if such person, firm or corporation shall not remove or alter such building after notice to do so, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected; said mayor and council shall be authorized to pass such ordinances as to granting building permits as they may deem advisable. The right to have torn down, removed

Page 1417

or altered any improvements already made within the fire limits of the city of Sylvania, or as said limits may hereafter be enlarged under this Act shall be exercised only by a majority vote of the entire council at a regular meeting, and after proper notice to the parties to be affected and a full hearing had, and when it shall plainly appear that the structures proposed to be removed or altered have become a public nuisance or very dangerous to the property of other citizens. Fire limits. SEC. 47. Be it further enacted, That the mayor and council of the city of Sylvania shall be authorized to adopt appropriate ordinances providing for the taking up and impounding of horses, mules, cattle, goats, sheep and hogs, or other animals running at large within the corporate limits of said city. Live stock. SEC. 48. Be it further enacted, That the mayor and council of said city of Sylvania shall have authority to appoint from their number such committees for the transaction of business as they may deem proper, and prescribe the duties of such committees. And shall have, generally, the power and authority to make and pass such ordinances, by-laws, rules and regulations for the good government of said city, and securing the health and general welfare of its citizens as they may deem proper and necessary. General welfare. SEC. 49. Be it further enacted, That the marshal and his assistant of said city of Sylvania shall have power and authority to enter, and, if necessary, to break open and enter, any place in said city which 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, or other

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liquors which, if drunk to excess, will produce intoxication, are sold, and seize the stock of liquors and apparatus for setting same; and said mayor and council shall have full authority to abate as a nuisance any place in said city when said mayor and council shall have reasonable cause to believe it to be a blind tiger; or a place where spirituous, vinous, malt, or intoxicating liquors, and other liquors which, if drunk to excess, will produce intoxication, 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 council shall have full power and authority to cause said marshal 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, as may be prescribed by ordinance. Blind tigers. SEC. 50. Be it further enacted, That the mayor and council shall have authority and power to make ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Vagrancy. SEC. 51. Be it further enacted, That the mayor and council shall have power and authority, upon proper and sufficient proof shown, that certain houses or places are used and kept for places of ill fame or lewdness, or place of gaming, to abate the same as a nuisance, and cause the occupants of such places to be removed forcibly, if necessary, after three days' notice; and any property owner or agent who shall, of his own knowledge, or after notice of the character of the inmates, or the purpose for which said house is being used, continue to rent, or suffer the same to remain on the premises, shall

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upon conviction, be punished as for a violation of the ordinances of the city. Suppression of vice. SEC. 52. 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 establishing a public school system for the city of Sylvania and the Sylvania school district. Public schools. SEC. 53. Be it further enacted, That the mayor and council of said city shall have the right to elect such other municipal officers, besides those herein specified, as may to them seem necessary and proper, providing therefor, when necessary by ordinance, and in the same manner prescribing their duties and fixing their compensation. Municipal officers. SEC. 54. Be it further enacted, That this Act shall not abolish any of the ordinances of the city of Sylvania now in force, except where they may be in conflict with the provisions of this Act. Existing ordinances. SEC. 55. Be it further enacted, That all officers elected or appointed by the mayor and council shall hold office at the pleasure of the said mayor and council, and may be removed by said mayor and council without trial, if they deem it expedient and for the best interest of the city. Removal of officers. SEC. 56. 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, 1909.

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SYLVESTER, CITY OF, CHARTER AMENDED. No. 151. An Act to amend an Act to incorporate the city of Sylvester, approved August 13th, 1904, and the several Acts amendatory thereof, so as to provide for the extension of the corporate limits of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act creating the city of Sylvester, approved August 13th, 1904, and the several Acts amendatory thereof be, and the same are, hereby amended as follows: Sylvester, city of. 1. That the corporate limits of said city shall be extended and the following described tracts or parcels of land will hereafter be included in the corporate limits of said city of Sylvester, as now established by law, to-wit: Bounded on the south by the right of way of the Atlantic Coast line Railway, on the east by Third street of the Pope annex, on the north by the right of way of the Sylvester and Poulan public road, on the west by the original east line of said city; also, the following tract or parcel of land, to-wit: bounded on the south by an extension of the line on the south side of Willingham street, on the east by the right of way of the Gulf Line Railway, on the north by an extension of the south line of Pinson street, and on the west by the original east line of said city; also, the following described tract of land, to-wit: Beginning at the northeast corner of the city of Sylvester and running north 3 chains and 77 links, thence west six chains and 78

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links, thence south chains and 77 links, thence east along the original north line of said city to the starting point. Corporate limits. SEC. 2. Be it further enacted, That this Act is to be interpreted so as to give the citizens living in the territory to be added, in accordance with this Act, all and similar rights and privileges as now enjoyed by the other citizens of the city of Sylvester. 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, 1909. SYLVESTER, CITY OF, CHARTER AMENDED. No. 184. An Act to amend an Act amending the charter of the city of Sylvester, in this State, approved August 22, 1905, 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 the Act approved August 22, 1905, amending the charter of the city of Sylvester be, and the same is, here amended by adding after the word water and before the word and, in the 49th line of said Section, the words electric power or water power, making said line, when amended, read: Just and proper for the use of said lights or water, electric power or water power. And Sylvester, city of; light and water.

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SEC. 2. 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 14, 1909. SYLVESTER, CITY OF, CHARTER AMENDED. No. 171. An Act to amend an Act incorporating the city of Sylvester, in this State, approved August 13, 1904, and the Acts amendatory 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 the authority of the same, That Section 17 of the Act incorporating the city of Sylvester be amended by adding after the word docket, in the 69th line of said Section, and before the word the, the words: The defendant shall have the right to appeal from the decision of the recorder to the mayor and council by putting up with the marshal or chief of police good and sufficient bond for fine and costs. Sylvester, city of; Appeals from Recorder's court. 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, 1909.

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TENNGA, TOWN OF, NEW CHARTER. No. 205. An Act to establish a new charter for the town of Tennga, in the county of Murray; to grant certain 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 Tennga, in the county of Murray, 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 Tennga, and by that name and style 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 Tennga 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 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

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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. Tennga, Town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town of Tennga shall extend one-fourth mile in every direction from one-fourth mile down L. N. R. R. from Tennessee line. Corporate limits. SEC. 3. Be it further enacted, That on the first Monday in October, 1909, and on the first Monday in January of each year thereafter, an election shall be held at such place as the mayor, or if he fail, the mayor pro tem., 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. Election of mayor and aldermen. SEC. 4. 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 election, the date and place of holding election for mayor and aldermen. That said election shall be held under the supervision of two free-holders, 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 free-holders 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 such duties fairly and impartially, and shall issue certificates of election signed by a majority of them, to the candidate or candidates receiving

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the largest number of votes, which certificates shall be 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 reason said election should fail to be held on said date, it shall be held as soon thereafter as possible under the provisions above. SEC. 5. 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 the elections of said town, who are qualified to vote for the members of the General Assembly of Georgia in Murray 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 Murray six months, and in the town of Tennga 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. 6. 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

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days, and at the request of any candidate desiring to institute a contest of said election, forward the same to the ordinary of Murray county. All contests of such election shall be filed with the Ordinary of Murray county within 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. 7. Be it further enacted, That it shall be the duty of the mayor to call a meeting of the board of aldermen on the first Monday 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. Succession in government. SEC. 8. Be it further enacted, That if there shall 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 vacancies; 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

Page 1427

of the date for the next election, said vacancies shall be filled by the mayor and the remaining members of the board. Vacancies. SEC. 9. 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; 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, subp[oelig]nas, 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 taxpayer of said town, and shall pay out money only upon the warrant of the mayor, countersigned 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

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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. 10. 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 twenty-five 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 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. 11. 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

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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 January in the year in which it is required to be returned for taxation, and lien of 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. Collection of taxes. SEC. 12. Be it further enacted, That the cost for issuing, serving and executing all warrants, processes, writs and subp[oelig]nas, as authorized by this Act, for violation of any of the laws of the State or laws or ordinances of town, or the collection of any taxes, shall be the 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 offender 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. Fees of officers. SEC. 13. Be it further enacted, That the mayor shall be the chief executive officer of said town, and shall

Page 1430

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 his judgment. Any or all of these punishments may be imposed; and the mayor shall have authority to administer oaths, issue subp[oelig]nas, 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 rioters 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 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

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costs shall be paid, not to exceed thirty days. For the transaction of all business, the mayor and two aldermen, or three aldermen, present, shall constitute a quorum. Powers and duties of mayor. SEC. 14. 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, crosswalks, 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, footways, crosswalks, 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

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other structures, and for the making 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 the 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;

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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; 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. Corporate powers. SEC. 15. Be it further enacted, That all male persons between the ages of 18 and 50 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 tax. SEC. 16. Be it further enacted, That the board of aldermen shall hold regular meetings once a month at

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such place and on such date as may be determined upon by ordinances of the board of aldermen. Meetings of aldermen. 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 14, 1909. TENNILLE, CITY OF, MAYOR'S COURT ESTABLISHED. No. 215. An Act to amend the charter of the city of Tennille, in Washington county, Georgia, by abolishing the office of recorder, and the recorder's court, and creating in lieu thereof the mayor's court, and to transfer all the duties, powers and jurisdiction, heretofore exercised by the recorder and the recorder's court to the mayor and mayor's court; and to clothe the mayor and mayor's court with all the power, jurisdiction and authority heretofore exercised by the recorder's court under the charter and ordinances of the city of Tennille; and to provide that the mayor of said city shall not be eligible to election for more than two terms of office in succession, 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, consolidate and supersede the several Acts incorporating the city of Tennille, in the county of Washington; to

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provide a new charter for said city; to provide for a municipal government for said city, and to define the powers, rights and duties of such government, and for other purposes, approved August 21, 1906, be, and the same is, hereby amended by abolishing the recorder's court and the office of recorder, and creating in lieu thereof the mayor's court, and investing the mayor's court with all the duties, powers, authority and jurisdiction heretofore held and exercised by the recorder's court, and to clothe the mayor with all the power, authority, duties and jurisdiction formerly held and exercised by the recorder under the charter and ordinances of the city of Tennille. Tennille, city of; mayor's court. SEC. 2. Be it enacted by the authority aforesaid, That all laws and ordinances of the city of Tennille now existing with reference to the recorder and recorder's courtso far as the same can be made applicableshall apply to the mayor and the mayor's court, and that immediately upon the passage of this Act all cases pending before the recorder's court shall be tried and disposed of in the mayor's court. Jurisdiction. SEC. 3. Be it further enacted by the authority aforesaid, That no person shall be eligible to hold the office of mayor in said city of Tennille for more than two terms in succession. Terms of mayor. SEC. 4. 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 14, 1909.

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THOMASVILLE, CITY OF, CHARTER AMENDED. No. 29. An Act to amend An Act to reincorporate the town of Thomasville as the city of Thomasville; to confer additional powers, on said corporation, and to codify, amend and supersede all previous Acts incorporating the town of Thomasville, and grant a new charter to said town under the name of the city of Thomasville, and for other purposes, approved October 3rd, 1889, so as to provide for recorder, and regulate paving, and drug stores, 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 above recited Act be amended by adding to Section nineteen of said Act, the following words, towit: Whenever the mayor and aldermen elect a recorder, which they are hereby empowered to do, his term of office shall be the same as the mayor's; he shall receive a salary fixed by the mayor and aldermen; shall be removable from office by them; and shall have, when qualified, all the authority and duties given in the Section to the mayor and all other authority lawfully exercised by municipal police court judges in this State. When the recorder is disqualified, the mayor, or mayor pro tempore, shall act as if no recorder had been elected. Thomasville, city of. Recorder. SEC. 2. Be it further enacted by authority aforesaid, That the above recited Act be further amended by striking all the words before the word upon in the ninth line of Section twenty-two of said Act, and inserting in

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lieu thereof the following words, to-wit: Be it further enacted by authority aforesaid, That whenever a majority in frontage of the owners of property in any block fronting on any street shall petition, in writing, the mayor and aldermen of said city to have the street paved, or paved and curbed, the sidewalks curbed or curbed and paved, or sidewalks and streets paved and curbed, said mayor and aldermen shall comply with said petition, counting one street intersection with each black, and assess the total cost of paving or curbing, or both. Street improvements. SEC. 3. Be it further enacted by authority aforesaid, That the above recited Act be further amended by adding a Section, appropriately numbered, to-wit: It shall be unlawful for any drug store to conduct business in said city on Sunday, except between the hours eleven A. M. and one P. M., and five and seven P. M. However, medicine may be sold at any time in cases of emergency. Drug stores. SEC. 4. Be it further enacted, That upon the immediate taking effect of this Act, conflicting laws are hereby repealed. Approved August 6, 1909. TIFTON, CITY OF, CHARTER AMENDED. No. 230. An Act to amend an Act entitled An Act to incorporate the city of Tifton, approved December 17, 1902; to authorize the working of persons convicted of violating the ordinances of the city of Tifton in

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the police court of the city of Tifton on the public work of the county of Tift in the chain-gang of the county of Tift, or on the streets or public works of the city of Tifton, in the discretion of the presiding officer of the police court; to provide for and fix a punishment of persons convicted in the police court of the city of Tifton for violation of the ordinances of the city of Tifton; to authorize the mayor, mayor pro tem. or any member of the city council of Tifton to preside over the police court of the city of Tifton, and for other purposes, etc. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 23 of an Act approved December 17th, 1902. entitled An Act to incorporate the city of Tifton, etc. be, and the same is, hereby amended by striking from said Section 23 the following, to-wit: The mayor and council of said city of Tifton shall have the right to lease or hire said convicts as may be confined in the chain-gang of said city, under the provisions of this charter, to the county authorities of Berrien county, or to the lessee of the county convicts of said county, and shall have the right to make such charge against said county authority, or against said lessee of convicts of said county as they may be able to agree upon; provided, however, that said convicts shall be kept and provided for by said county authorities or by said lessee of the county convicts in the same manner as the county convicts are kept and provided for; and inserting in lieu thereof the following, to-wit: The officer presiding over the police court of the city of Tifton shall have the right and authority, in his discretion, to sentence any person convicted in the police

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court of the violation of any ordinance of the city of Tifton, to work out sentence on the public works of the county of Tift in the chain-gang of said Tift county, and it shall be legal to work any city convict on the public work of Tift county in the chain-gang of Tift county. The mayor and council of the city of Tifton shall have the right to make such contract with the county authorities of Tift county for the working of city convicts on the public work of Tift county, for the hire of such convicts as may be agreed upon, or to provide that the authorities of Tift county shall require the chain-gang of Tift county to work upon the streets or other public work of the city of Tifton proportionate to the work and labor of city convicts on the public work of Tift county; provided, however, that said city convicts shall be kept and provided for by said county authorities in the same manner as the county convicts are kept and provided for; so that said Section 23, when amended, shall read as follows, to-wit: Tifton, city of. SEC. 23. Be it further enacted that said mayor and council shall have the right to establish a guard house and chain-gang in said city; provide for the confinement of prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; provide for furnishing said prisoners with convict suits; employ guards and convict bosses, and generally to provide for their control and the proper government of said convicts. The employees of said city in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. The officer presiding over the police

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court of the city of Tifton shall have the right and authority in his discretion, to sentence any person convicted in the police court of the violation of any ordinance of the city of Tifton to work out sentence on the public works of the county of Tift in the chain-gang of Tift county, and it shall be legal to work any city convict on the public works of Tift county in the chain-gang of Tift county. The mayor and council of the city of Tifton shall have the right to make such contract with the county authorities of Tift county for the working of city convicts on the public work of Tift county, for the hire of such convicts, as may be agreed upon, or to provide that the authorities of Tift county to work upon the streets or other public work of the city of Tifton proportionate to the work and labor of city convicts on the public work of Tift county; provided, however, that said city convicts shall be kept and provided for by said county authorities in the same manner as the county convicts are kept and provided for. Chain-gang. SEC. 2. Be it further enacted, That said Act entitled, An Act to incorporate the city of Tifton, approved December 17th, 1902, be amended by striking from Section 34 in said Act the following, to-wit: Or persons convicted in said court may be hired to the county authority of Berrien county for a like term as hereinbefore provided, and by adding to said Section 34 in lieu of Or persons convicted in said court may be hired to to the county authorities of Berrien county for a like term as hereinbefore provided, the following: Or persons convicted in said court may be sentenced to work upon the public works of Tift county in the chain-gang of Tift county for a like term as provided in said Section 34, and that same be further amended by striking

Page 1441

therefrom the following: Or at any point within two miles of said corporate limits, it being the intent of this charter to give said city as full and complete jurisdiction over said territory within two miles of the corporate limits of said city as though the offense has been committed within said corporate limits; and inserting in lieu thereof the following: All territory within two miles of the corporate limits of Tifton shall be within the police jurisdiction of said city, and all policemen, marshals, detectives and other like officers of the municipality shall have full power and authority to arrest all violators of the State laws where the offense is committed within the corporate limits proper or at any point within said police jurisdiction under the laws of this State now of force regulating the making of arrests, and the mayor or other officer presiding in the police court of said city, before whom the offender shall be brought shall be empowered to bind over the defendant to the Superior Court of Tift county or to the city court of Tifton, so that said Section 34 when amended shall read as follows: SEC. 34. Be it further enacted, That there shall be in the city of Tifton a court known as the police court of the city of Tifton and the same shall have a seal and a court of record; the jurisdiction of said court shall extend to all offenses herein provided for together with all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said city. All territory within two miles of the corporate limits of Tifton shall be within the police jurisdiction of said city, and all policemen, marshals, detectives and other like officers of the municipality, shall

Page 1442

have full power and authority to arrest all violators of the State laws where the offense is committed within the incorporate limits proper or at any time within said police jurisdiction, under the laws of this State now of force regulating the making of arrests, and the mayor or other officer presiding in the police court of said city before whom the offender shall be brought shall be empowered to bind over the defendant to the Superior Court of Tift county or to the city court of Tifton. The sessions of said police court shall be held by the mayor or by the city recorder, in the event the mayor and council have seen fit to create such office, at such times and at such places in said city as in the judgment of either may be necessary. Said police court shall have power and jurisdiction to try all offenses against the ordinances of said city within the above defined corporate territory and upon conviction may punish offenders by a fine of not more than two hundred and fifty dollars, by confinement in the chain-gang of said city for a term of not more than six months, or by confinement in the guard house or jail of said city for a term of not more than ninety days, either or all in the discretion of said police court, or persons convicted in said court may be sentenced to work upon the public works of Tift county in the chain-gang of Tift county for a like term as hereinbefore provided. Police court. SEC. 3. Be it further enacted, That an Act, entitled, An Act to incorporate the city of Tifton, approved December 17th, 1902, be amended as follows, to-wit: That in the event the mayor and council have not provided for and elected a recorder to preside in and over the police court, that the mayor, mayor pro tem., or any councilman of the city of Tifton may preside in and over

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the police court of said city as judge of said court, if for any reason the mayor can not preside, and provided, further, that the mayor or in his absence, the mayor pro tem., may name and designate the member of council that shall preside over the police court; provided, further, that the mayor shall have the right to preside in all cases in police court when there is no recorder provided for and elected. Who may preside in mayor's court. 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, 1909. TOCCOA, CITY OF, CHARTER AMENDED. No. 268. An Act to amend an Act chartering the city of Toccoa, approved December 20th, 1897, and the several Acts amendatory thereof, so as to provide that the mayor of the city of Toccoa shall be elected for a term of two years; to provide that the mayor of the city of Toccoa shall preside at all meetings of the city council, and vote only in case of a tie on any question, to provide for the registration of voters in said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the charter of the city of Toccoa, approved December 20th, 1897, with the several Acts amendatory thereof, is hereby amended as set out in this Act. Toccoa, city of.

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SEC. 2. The term of office of mayor of the city of Toccoa shall be two years, and until his successor is elected and qualified. The provisions of this Section shall be applicable beginning with the election and qualification of the first mayor elected at a regular election after the passage of this Act. Term of mayor. SEC. 3. Beginning with the first meeting of the city council after the first regular election of city officers after the passage of this Act, it shall be the duty of the mayor to preside at all meetings of the city council, to perform the duties now required of the mayor pro tem. in such respect, to call meetings of the city council as the mayor pro tem. now performs such duty; and in case of a tie vote the mayor shall have the right to cast the deciding vote on any question, but shall not otherwise vote. In the absence of the mayor or upon his failure or refusal to Act, the mayor pro tem. shall perform the duties required of the mayor in this Act. The mayor shall appoint the standing committees of the council. Duties of mayor. SEC. 4. No person shall be permitted to vote in any municipal election of the city of Toccoa who shall not have qualified and caused himself to be registered as a voter in the manner hereinafter prescribed. Any person who shall register illegally under the provisions of this Act shall be guilty of a misdemeanor and punished as prescribed in Section 1039 of the Penal Code of Georgia. Voters. SEC. 5. To entitle a person to register and vote at any election held in and for said city, he shall be duly qualified to vote under the laws and ordinances now of force in said city, and who in addition thereto comes within either of the classes provided for in the five subdivisions

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of paragraph four, page 28, Acts 1908, the said sub-divisions beginning on page 28 and ending on page 29 of said Acts. Voters. SEC. 6. Any person to whom the right to register and be placed on the list of voters is denied by the registrars shall have the right to enter an appeal to the mayor and council, which appeal must be in writing setting forth such fact, and shall be filed with the registrars within three days from the date of the decision complained of, and shall be returned by said registrars to the mayor and council. Said appeal shall be tried as other appeals to the council; and four members of the council, not including the mayor, so voting, shall be necessary to overrule the decision of the registrars. The judgment of the registrars shall be of full force until, and unless overruled by the council as herein set out. Appeals from registrars. SEC. 7. It shall not be required of an applicant for registration that he shall have paid taxes for the year preceding the annual election next before which he registers. Payment of taxes precedent to registration. SEC. 8. Registration shall be required of voters every two years, and the registrars shall place on the list furnished the superintendents of any election the name of no person who has not registered within twenty-seven months preceding such election. Registration. SEC. 9. The machinery provided by law for the registration of voters for State and county elections, of force August 1st, 1909, in so far as the same are applicable, and not in conflict with this Act, shall be used to carry out the provisions of this Act.

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SEC. 10. It shall be the duty of the clerk of the city of Toccoa to register the qualified voters of the city of Toccoa at any time during the year. For thirty days next preceding each annual or special election he shall be in his office in the city hall or at such other place as he may have his office, so that he may be readily found by persons desiring to register. He shall have printed blanks containing the oath required of voters proposing to register in the form required in this Act, and it shall be the duty of the clerk to administer to such person desiring to register the required oath, and said clerk is authorized to administer said oath. The voter shall subscribe to such oath in the presence of the clerk. The clerk shall preserve said affidavits. Said clerk shall in no instance permit any person to sign such oath who has not taken said oath; and a violation of this duty shall be a misdemeanor and punished as prescribed in Section 1039 of the Penal Code. Duties of city clerk. SEC. 11. The oath required of voters registering shall be in the following form, to-wit: Oath of Registration. Georgia, Stephens county, city of Toccoa. I,....., do solemnly swear that I am a citizen of the United States, that I am twenty-one years of age, or will be before the next regular election for the city of Toccoa, and at such time will have resided in Georgia one year in Stephens county six months, and in the city of Toccoa three months, and that I have paid all legal taxes which have been required of me, and which I have had an opportunity of paying, agreeable to law since December 21st, 1877, except taxes for the year next preceding the next annual election for the city of Toccoa.

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My age is.....; occupation.....; color....... Sworn to and subscribed before me this.....day of....., 190...... ..... Clerk city of Toccoa. No person shall vote at any election unless he shall have taken said oath at least twelve days before such election. SEC. 12. Twelve days before each election the registration of voters for that election shall close, and ten days before said election the clerk shall prepare a book of registered voters, the names to be taken from said blanks, and placed in said book in alphabetical order, and shall turn over to the registrars of said city said book containing the registered voters, and said book shall show the name, color, age and occupation of each person registered. When said book shall be completed by the clerk, he shall on the page following the last name, certify that, in his opinion, he has permitted no one to register who was not entitled to register and vote; and if the mayor shall have performed any of the duties of the clerk herein prescribed, the mayor, also, shall sign the same certificate. Registration book. SEC. 13. The clerk shall receive as compensation for his services herein set forth the sum of five cents for each name registered, said sum to be paid from the city treasury upon the warrant of the mayor. Fees of clerk. SEC. 14. The mayor of the city of Toccoa may perform any of the duties required of the clerk herein enumerated in reference to the registration of voters. Mayor.

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SEC. 15. For the term of four years, beginning September 1st, 1909, the following named persons, residents of the city of Toccoa, shall be, and they are hereby, appointed registrars for the city of Toccoa: W. G. Davis, F. W. Scott and R. J. Garland, who shall serve until their successors are appointed and qualified. Their successors shall be appointed every four years by the Governor of this State, the first appointment to be made effective September 1st, 1913. Notice of the appointment shall be made to the mayor of the city of Toccoa, which notice shall be placed upon the minutes of the council. Before entering upon his duties, each of the city registrars shall take and subscribe the following oath before some officers qualified to administer an oath under the laws of this State, to-wit: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as city registrar which said oath shall appear upon the minute book of the city council. Except as otherwise provided herein, the registrars for the city of Toccoa shall have all the powers and authority in the performance of their duties granted to county registrars, in so far as the same are applicable; and when not otherwise provided herein, shall, as to the registration of voters in the city of Toccoa, perform all the duties required of county registrars in the registration of voters for State and county elections; and when not otherwise provided herein, shall perform such duties in the manner prescribed for the registration of voters for State and county elections. Vacancies, other than by the expiration of term of office, shall be filled by the Governor for the unexpired term. Registrars appointed under the provisions of this Act shall be upright, intelligent

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freeholders of said city, who are qualified to vote. No person while acting as registrar, or within six months from the expiration of his term of office, or within six months from the time of his resignation, shall be eligible to hold any municipal office in the city of Toccoa. Resignation shall be made to the Governor. Registrars SEC. 16. When the clerk shall furnish the registrars the book of the registered voters ten days before each election, said registrars shall at once proceed to examine and purge said list of registered voters in accordance with this Act, and in accordance with the laws of force in this State for the registration of voters for State and county elections, in so far as the same are applicable. And where a rule of procedure is not herein laid down, the rule for the registration of voters for State and county elections shall prevail. When said list is completed, which shall be not later than the day before the day on which an election is to be held, the registrars shall prepare and furnish to the election superintendents an alphabetical list of the duly qualified voters, showing name, color, age and occupation of each, and no person shall vote at such election unless his name shall appear upon said list so furnished. Immediately after each election the list of voters shall be by the election superintendents returned to the registrars, and without delay they shall deliver the book of voters and registration list to the clerk, and the clerk shall be the custodian of the same; but at all times said book and list shall be open to the inspection of any citizen of the city of Toccoa. For their services the registrars shall receive the sum of two dollars per day, not to exceed five days

Page 1450

per year, for the time actually employed, which sums shall be paid from the treasury upon the warrant of the mayor. Lists of voters. SEC. 17. All laws in conflict with this Act are hereby repealed. Approved August 16, 1909. TOCCOA, CITY OF, CHARTER AMENDED. No. 164. An Act to amend the charter of the city of Toccoa, approved December 20th, 1897, and the Acts amendatory thereof, so as to authorize said city to establish a system of sewerage, to issue bonds for the payment thereof, under constitutional limitations, to condemn property in and outside of said city limits for public purposes, and to charge property owners one-fourth of the cost of the laying of said line or lines along abutting property and on each side thereof to be levied and collected as other taxes, and to be a lien on the property improved, 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 Act approved December 20th, 1897, incorporating the city of Toccoa and the Acts amendatory thereof be and the same is hereby further amended by authorizing the city of Toccoa to build, equip and maintain a system of sewerage throughout said city or any part or portion thereof, and to provide for the payment of said system. Toccoa, city of; sewerage.

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SEC. 2. Be it further enacted by the authority aforesaid, That said city of Toccoa shall be authorized to issue bonds under the Constitutional limitations as now provided by law for issuing bonds by municipal corporations, for the payment of said sewerage system. And in the event said bonds shall be issued the council of the city of Toccoa 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 annual interest thereon, during said period, and also to provide a sinking fund to pay off the principal of said bonds at maturity. The proceeds of the sale of said bonds, if authorized by a vote of the municipality under an election held for that purpose, are issued and sold, shall be applied only for the purpose of building, equipping and maintaining said sewerage system in said city. Bonds for sewerage. SEC. 3. Be it further enacted by the authority aforesaid, That the city of Toccoa for the purposes of this Act shall have power and authority to exercise all rights of eminent domain, and all rights and power to condemn property for the use of the 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. 4. Be it further enacted by the authority aforesaid, That said city of Toccoa shall have the right and power to charge the owners of property along the line or lines of said sewer system when laid abutting thereon the amount of one-fourth of the actual cost along said abutting property and on each side of said line or lines. Assessments for sewers. SEC. 5. Be it further enacted by the authority aforesaid, That said city of Toccoa shall have the authority

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to collect said one-fourth of the actual cost from the abutting land owners by execution, levy and sale, the same as city taxes are now collected. And the said one-fourth of the actual costs of the laying of line or lines shall be a lien on said property the same as city taxes. Collection of assessments. 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 14, 1909. TY TY, TOWN OF, CHARTER AMENDED. No. 37. An Act to amend Section 2 and Section 9 of the Act approved August 21st, 1906, entitled, `An Act to incorporate the town of Ty Ty in the county of Tift, to define the corporate limits thereof, etc. 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 2 of the Act approved August 21st, 1906, entitled, An Act to incorporate the town of Ty Ty in the county of Tift, to define the corporate limits thereof, etc., be, and the same is, hereby amended by inserting between the words one and mile in the second line of said Section the word half, so that the Section as amended shall read as follows: Ty Ty town of. Be it enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half mile in every direction from the present site of the depot of

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the Atlantic Coast Line Railway at Ty Ty, Ga., provided that the provisions of this Section shall not become effective until the first day of January, 1910. Corporate limits SEC. 2. Be it further enacted, That it shall be the duty of the marshal of said town to levy all executions in favor of said town, and advertise and sell the property levied upon in accordance with the law governing sheriff's sales in this State, only that said property shall be advertised only by posting a notice of said sale in one conspicuous place; provided there is no newspaper in said town; to have the same power to make deeds and place the purchaser in possession as the sheriffs of this State have. That before entering upon his duties of regular marshal he shall give such bond as the mayor and council may see fit to prescribe. Duties of marshal. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 9, 1909. UNADILLA, TOWN OF, CHARTER AMENDED. No. 92. An Act to amend an Act incorporating the town of Unadilla, approved December 24, 1890. 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 town council of Unadilla be, and the same are, hereby authorized and empowered to exercise the right of eminent domain generally, and especially the power and authority to

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condemn property for use of said town, either for streets, alleys, cemeteries and for other purposes necessary in the upbuilding of said town and the administration of its affairs. Unadilla, town of; condemnation. 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 August 11, 1909. WADLEY, TOWN OF, CHARTER AMENDED. No. 178. An Act to amend an Act to consolidate, amend and supersede the several Acts incorporating the town of Wadley in the county of Jefferson, and the Acts amendatory thereof, approved August 23d, 1905. 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 Act consolidating, amending and superseding the several Acts incorporating the town of Wadley in the county of Jefferson, approved August 23d, 1905, be, and the same is hereby amended by striking out of the caption of said Act and each of the Sections thereof, the word town, wherever the same appears, and insert in lieu thereof, the word city. Wadley, town of, made a city. SEC. 2. Be it further enacted, That Section 18 of said Act be amended so as to add thereto, the following: The mayor of said city of Wadley shall be paid an annual salary of not less than one hundred and fifty

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dollars, nor more than six hundred dollars, to be fixed annually at the first meeting in each year by the city council. Salary of mayor. SEC. 3. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1909. WARESBORO SCHOOL DISTRICT ABOLISHED. No. 70. An Act to repeal an Act to incorporate the Waresboro school district in Ware county, define its boundaries and regulate the management of schools in said district, approved August 18th, 1903, and all other Acts amendatory thereof heretofore passed. 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 August 18th, 1903, incorporating the Waresboro school district in Ware county, defining its boundaries; regulating the management of the schools in said district; providing for revenue for running and maintaining said schools; providing for the election of trustees; defining the powers and duties of the trustees, and or other purposes, and the Act amendatory thereof, approved August 15th, 1904, entitled, An Act to amend Section 9 of an Act incorporating the Waresboro school district in Ware county, approved August 18th, 1903, be, and the same are, hereby repealed; provided, however, that this Act shall not take effect until January 1st, 1910. Waresboro school district, charter repealed.

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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, 1909. WAYCROSS, CITY OF, NEW CHARTER. No. 287. An Act to provide and establish a new charter for the city of Waycross in the county of Ware; to change its corporate name to the City of Waycross, and to extend and define its corporate limits; to provide a government for said city and to confer certain rights, powers and privileges on same; to continue and confirm certain powers heretofore granted to said corporation, and also its public school and waterworks systems, and the regulations and ordinances in force in said city, as well as all obligations outstanding against it and in its favor; to authorize said city to issue bonds and other evidences of debt for public purposes; and to provide for other matters of municipal regulation, concern and welfare, 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 name of the municipal corporation heretofore existing in the county of Ware, said State, under the name of the mayor and council of the city of Waycross, be, and the same is hereby changed to the City of Waycross; and said municipal corporation is hereby reincorporated and made

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and continued as a body corporate and politic under said name of the city of Waycross without any break in the continuity of its existence, it being the same corporation under a new name; and under said name said city shall have perpetual succession, and the right to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to have and use a common seal, to do such things as may be needful for the government, good order and welfare of said city and its inhabitants, to exercise such rights, powers, functions, privileges and immunities as belong to municipal corporations generally under the law, as well as those hereinafter specially enumerated, and to do all other Acts and things relating to its corporate capacity; and also under said name to purchase, hold, lease, receive, enjoy, possess and retain for the use and benefit of said city any property, real or personal, of whatever kind or nature soever within the limits or without the limits of said city, for corporate purposes, and to hold all property and effects now belonging to said municipal corporation for the purposes and intents for which the same were granted or dedicated; and to use, manage, improve, sell, convey, rent or lease, or otherwise deal with any and all property at present owned or which may be hereinafter required by said city. Waycross, city of, reincorporated. SEC. 2. Be it further enacted, That the corporate limits of said city, until extended as hereinafter provided, shall be as heretofore fixed, namely, they shall extend one mile and one-half in every direction from the southeast corner of the present courthouse of the county of Ware as now located, said city and its territory being embraced in the circle thus traced by using a

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mile and a half as a radius and said county courthouse corner as a center. Corporate limits. SEC. 3. Be it further enacted, That the corporate limits of said city may be extended at any time, so as to take in adjacent and contiguous territory, in the following manner, to-wit: (1) Upon the petition of twenty-five qualified voters residing in such adjacent territory and of one hundred qualified voters residing in the city of Waycross, which petition shall particularly describe the limits and bounds of the territory sought to be annexed, with an accurate survey and plat thereof attached and shall ask for an election to be called on the subject, it shall be the duty of the ordinary of Ware county, Georgia, to call and order an election by the persons residing within said territory thus sought to be annexed, who are qualified to vote for members of the General Assembly of the State, and who have been for thirty days immediately preceding said election bona fide residents of such territory, and also an election by the voters of the city of Waycross who are qualified to vote under the laws of said city; a separate election for each electorate, but to be held on the same day. (2) Said Ordinary shall cause to be published in one or more of the newspapers published in the city of Waycross, a notice of the election thus ordered, which notice shall describe the metes and bounds of the territory sought to be annexed, the time fixed for said election and where same shall be held, and the same shall be published at least twenty-one days prior to the date of the election. The voters residing in said contiguous territory shall vote at the courthouse of said county of Ware, and it shall be the duty of the Ordinary to designate a justice of

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the peace or notary public and ex-officio justice of the peace of the 1231st district G. M., of said county and two freeholders residing within the limits of the territory thus sought to be annexed, or else three freeholders of said territory to Act as election managers and receive their ballots. Said managers shall take the same oath required of managers in county elections and said election by the voters of said outside territory shall be held under the usual rules governing ordinary county election at courthouse precincts. The election by the voters residing within the city limits shall be held at all the election precincts of the city and under the usual rules governing elections in said city. (3) All persons voting at such election who are in favor of thus extending the corporate limits of the city, so as to take in said proposed territory within the city limits shall have written or printed on their ballots the words For Annexation, and those opposed, Against Annexation. The returns of such election shall be made to the Ordinary of said county and he shall declare the result thereof by order entered upon his minutes; and if the election by both bodies of electors, both the voters in the city and those in said adjacent outside territory, voting separately as aforesaid, results in favor of the annexation of said territory, that is, if a majority of the votes cast by the qualified voters of the city shall be For Annexation, and a majority of the votes cast by those residing in such outside territory shall also be For Annexation, then the Ordinary shall declare that the election has resulted For Annexation, it being necessary that both electorates should vote concurrently in favor of such annexation; and in such event the mayor and aldermen of said city shall also by resolution declare that

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said territory has been incorporated into and as a part of said city and annexed thereto, and in said resolution such contiguous territory shall likewise be described by metes and bounds with a plat thereof attached; and thereupon said territory shall be included within the corporate limits of the city and shall at once become a part of the city of Waycross. Said city shall pay the expenses of all such elections. All contests growing out of such election or elections, or concerning the same shall be before the Ordinary of the county and heard and determined by him as in other cases of contests under the general rules and laws governing such matters, and no such contest shall be allowed or heard by him unless begun within five days after the election. (4) Said territory so incorporated into the city shall, by resolution or ordinance of the mayor and aldermen of the city, be added to the ward or wards of said city respectively adjoining such annexed territory; or made into a new ward or wards, in their discretion. (5) The mayor and aldermen of said city shall have full power and authority to select, lay out and name such of the roads, streets and alleys in such annexed territory as they may see fit in their best discretion, to be adopted and known as public streets and alleys of the city of Waycross; and said city shall not be liable on any account for any failure to keep in repair any of the roads, streets and alleys in said annexed territory unless same shall have been first selected, laid out and adopted as public streets and alleys as above provided. (6) Such elections for the annexation of contiguous territory may be held from time to time whenever the foregoing provisions are complied with, and different Sections or territory may be annexed to the city from time to time in

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this way. Such adjacent territory when so annexed shall be for all purposes a part and parcel of the city of Waycross and subject to all the laws, rules, regulations and ordinances governing the same. Extension of corporate limits. SEC. 4. Be it further enacted, That for the purpose of protecting the peace, good order, morals and health of said city, its corporate limits and its jurisdiction shall extend for one mile beyond its limits as now defined or as they may hereafter be extended, the same being for police and sanitary purposes, and within said zone thus created for police and sanitary purposes, the mayor and aldermen of the city and its marshal and police and other officers shall have the right and power to abate and remove nuisances and any and all things that may be deleterious to the health, good order or peace of the city, to preserve order and make arrests and to do any other acts or things for the protection of the health, safety and good order of said city and its inhabitants; and said city council may exercise the full police power of the State in said zone, and may adopt all ordinances they may deem expedient for the purpose of regulating matters and the people within said zone for police and sanitary purposes as aforesaid, as well as for prohibiting all acts and things and kinds of business therein that may tend to debauch the morals, injure the health, or become a source of disorder, disease, or annoyance, and thus may regulate or prohibit entirely the sale of near beer and similar beverages in said zone. Jurisdictional limits. SEC. 5. Be it further enacted, That all corporate rights, powers and privileges now possessed by and all duties imposed by law upon said municipal corporation are hereby preserved unto said city under its new name

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of the City of Waycross. All Acts and parts of Acts of the General Assembly of the State relating to said city, and all resolutions, regulations and ordinances heretofore adopted by the authorities of said city and in force therein at the time of the approval of this Act, and all parts of same, shall remain of force, save such of each as are in conflict with the provisions of this Act. Such ordinances, regulations and resolutions may be hereafter amended or repealed by the mayor and aldermen of said city. All property and property rights now held, owned or possessed by said city, and all obligations of every kind and character due to or by said municipal corporation shall remain unchanged and of full force. All pending suits or claims by or against said city are preserved intact and unaltered. The present mayor and aldermen and the present officers and employees of the city shall continue to discharge the duties of their respective offices and positions until their successors are elected and qualified or appointed, as the case may be, or until they are removed in accordance with the provisions of this charter or the ordinances of the city. Corporate powers, rights and liabilities. SEC. 6. Be it further enacted, That said city of Waycross, until otherwise provided by ordinance, shall be divided into six wards, numbered one, two, three, four, five and six, respectively, whose limits shall be the same as now provided by law. The city council may, however, hereafter change the limits of said city wards, or of either of them, or increase the number of wards and lay out new wards and fix the limits thereof and number the same or, redistrict the city entirely, both its present territory and any future territory that may be added to it from time to time, whenever in their judgment

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any such action or actions should become expedient. Wards. SEC. 7. Be it further enacted, That the municipal government of said city and its corporate powers shall be vested in and exercised by a mayor and a board of aldermen, consisting of one alderman from each ward of the city as now laid out or as may hereafter be constituted, including any new ward or wards that may hereafter be added, and also by officers, agents and employees under their authority, except when otherwise provided. Said mayor and aldermen as a body shall be known as the City Council; and they shall hold office as heretofore provided. The mayor and three of the aldermen shall be elected at the next annual election to be held on the first Saturday in January 1910, who shall hold office for two years and until their successors are elected and qualified; and at the next election thereafter, to be held on the first Saturday in January, 1911, the other members of the board of aldermen (three, or more if the number of the wards of the city is increased) shall be elected, who shall hold office for two years and until their successors are elected and qualified; and so on, an annual election being held on the first Saturdays in January of each and every year, one year for the election of a mayor and three aldermen, and the next year for the election of three or more aldermen, as the case may be, to fill the places of those whose terms expire at such times. Each alderman at the time of his election must have been a resident of the ward from which he is so selected for at least six months, but shall be elected by the entire vote of the city. In the event that the office of said mayor or either of said aldermen shall become vacant by death, resignation, removal, or otherwise,

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the city council shall by resolution, order an election to fill such vacancy and shall give at least ten days notice thereof in one or more of the papers published in said city, and the election so held shall be held in the same manner as ordinary municipal elections; provided, however, that if any of said offices shall become vacant at any time within three months of the expiration of the term of office, said city council shall have the right and power to fill said office for the remainder of the term by selection made by the city council without submitting same to the voters of the city. Mayor and aldermen. SEC. 8. Be it further enacted, That the mayor and alderman of said city shall be citizens of the State of Georgia, who have been citizens of the city of Waycross for at least one year next preceding the election and shall be qualified voters of said city, and beginning with the year 1911 they shall each be at least twenty-five years old; any person qualified to vote for members of the General Assembly of Georgia shall be entitled to vote for the mayor and aldermen of said city or for any other officers of said city, subject to election by the people thereof, or at any other municipal elections held in said city; provided, such person has resided in said city at least twelve months before the election and is registered as required by the ordinances of said city. Qualifications of mayor and aldermen. SEC. 9. Be it further enacted, That the elections for mayor and aldermen of said city, as well as any and all other municipal elections held in said city, shall be held under the same rules and regulations, as nearly as practicable, as elections for members of the General Assembly. The mayor and aldermen of said city shall have the right and power to appoint for each election precinct

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in said city any three freeholders or any two freeholders and a justice of the peace, who are residents of the said city, and not candidates or directly interested in the result thereof, to conduct such elections. The managers shall each before proceeding with the election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders or justice of the peace, to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote who is not entitled to do so according to the charter of this city, nor knowingly prohibit any one from voting who is so entitled. And we will not, knowingly, divulge for whom or how any vote was cast, unless called upon by law to do so; so help us God. Said oath shall be signed by each superintendent or manager, and shall be made and subscribed before some officer authorized to administer oaths, if any such is present; and if no such officer is present, said oath may be made and subscribed by each manager in the presence of the others, thus swearing each other. Said managers shall hold such elections under the usual rules and regulations governing such matters and shall count the votes, and when the votes are all counted out, the managers at each voting precinct shall sign a certificate, stating the number of votes each person, or each side of the question, voted for, as the case may be, received at such precinct, and each list of voters and each tally sheet at each precinct must likewise be signed by the managers at such precinct. Said certificate together with one tally sheet and one list of voters from each precinct shall be securely sealed in an envelope, one for each precinct, with the names of the managers endorsed thereon,

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respectively, and then delivered to the clerk of the city council, who shall keep same safely and return them to the next meeting (either called or regular) of the mayor and aldermen, who shall receive and open said returns and declare the result of the election by formal resolution, which shall be entered upon the minutes of the city council. One list of voters, one tally sheet and all the ballots at each precinct shall be sealed by the managers with their names indorsed on the package respectively and returned by them to the Ordinary of said county of Ware; and all contests growing out of said election or concerning the same, shall be before said Ordinary of the county, and heard and determined by him as in other cases of contest, under the general rules and laws governing such matters, and no such contest shall be allowed or heard by him unless begun within five days after the election. Elections. Managers. SEC. 10. Be it further enacted, That the place of holding all municipal elections in said city shall be at the courthouse or city hall, either or both and also at any other places or precincts designated by the mayor and aldermen, as they may deem expedient, and the time of day for keeping open the election shall be from six o'clock a. m., to seven o'clock p. m., central standard railroad time. The managers may begin to count votes at any time in their discretion, but they shall not do so until the polls are closed if a candidate in person or by written authority objects. The city council may provide by ordinance for regulating and safeguarding all elections held in said city, and may adopt such provisions in reference thereto as are reasonable and not in conflict with this Act. Election precincts.

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SEC. 11. Be it further enacted, That before entering upon the duties of their respective offices, the mayor and aldermen shall take and subscribe the following oath, which shall be administered by any person qualified to administer: Oath of mayor and aldermen. I do solemnly swear that I will faithfully and impartially discharge all of the duties devolving upon me (as mayor or alderman, as the case may be) of the city of Waycross, and that I will, to the utmost of my skill and ability, endeavor to promote the interest and prosperity of said city and of all its people, during my continuance in office, and without fear, favor or affection; and that I have not, in order to induce my nomination or election to this office or for any reason either directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office or position under the city government of Waycross or in any of the departments thereof; and that I will not knowingly permit my vote in the election or appointment of any person to any position in the city government or in any department thereof to be influenced by any fear, favor or reward or the hope thereof, but that I will in discharging the duties of my office be governed alone by my conviction of what is for the public good, and without regard to the political or personal influence or private advancement of myself or any one else; and I have not in the primary or regular election used any money or other thing of value to influence votes or employed workers; so help me God. Said oath shall be entered on the minutes of the city council. No person who is unable to take said oath truthfully shall be eligible to the office of mayor or alderman of the city, and any person who shall take said oath falsely, shall be guilty of false swearing and

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shall be punishable as for a misdemeanor and subject to impeachment and removal from office. SEC. 12. Be it further enacted, That beginning with the year 1911 neither the mayor nor any member of the board of aldermen shall be eligible to re-election to the same office after the expiration of a second term until after a period of two years shall have elapsed. Terms of office. SEC. 13. Be it further enacted, That beginning with the first session of the city council in the year 1910, and annually thereafter, said city council shall fix the salaries of the mayor and aldermen, same not to be changed thereafter during their respective terms of office, and to be paid monthly out of the general revenues of the city, provided, however, that the salary of the mayor shall not exceed $1,000.00 and that of each alderman shall not exceed $300.00 per annum. Salaries. SEC. 14. Be it further enacted, That there shall be elected annually by the mayor and aldermen, a mayor pro tem., clerk of council, city treasurer, tax assessor or assessors and collector, city attorney, marshal, chief of police, and such other officers and men as may be necessary to constitute the police force in the city, and also such other officer or officers, agents and servants of the city, as the city council shall consider expedient, who shall each hold office for one year, or until his successor is elected and qualified, unless removed for cause to be judged by the mayor and aldermen. Any two or more of said offices, except that of mayor pro tem. may be combined and held by one person. They shall receive a reasonable sum as compensation for their services to be fixed by the mayor and aldermen preceding every election, which shall not be increased or diminished during

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their continuance in office. Their duties shall be prescribed by ordinance. On entering upon the discharge of their duties they shall each take and subscribe an oath to faithfully perform the duties of their respective offices, and they shall each enter into bond, with good security, payable to the city of Waycross, in such amount as may be fixed by the city council for the faithful performance of their duties. The mayor and aldermen may also appoint special policemen when, and in their judgment, such appointment may be necessary; such policemen to be discharged when the emergency requiring their services is past, and to be compensated as the mayor and aldermen may determine. The mayor shall annually appoint standing committees of the city council whose duties and powers shall be fixed by ordinance. All officers, agents and servants of the city, appointed or elected by the city council shall at all times be subject to the jurisdiction of the same and amenable to their discipline, and the city council shall have the power at any time to suspend, fine or remove any of said persons from the office or positions held by them respectively by a majority vote, (the mayor voting) for any cause that may seem just or proper, after a fair opportunity to be heard. The mayor and aldermen shall also have power and authority by ordinance to establish a board of health for said city, and also such other boards as they may from time to time deem expedient, and place different department or branches of the government, functions, administration and work of the city under the charge, management and supervision of such boards respectively, and to define their powers and duties and to appoint the members of such boards and to prescribe their compensation, and to adopt appropriate ordinances

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for the government and regulation of the same. The mayor shall have the right to vote in the election of all officers and servants of the city who are elected by the city council. Municipal officers and boards. SEC. 15. Be it further enacted, That a majority of the aldermen shall constitute a quorum for the transaction of business but in all cases a less number may adjourn from time to time, and may compel the attendance of the absentees. Any alderman shall have the right to call for the ayes and nays, and have the same recorded on the minutes in all cases. The mayor shall have no vote, except in the election of officers of the city as aforesaid and in case of a tie. He shall have the revision of all ordinances, orders and resolutions passed by the board of aldermen, and the said mayor shall have three days after the meeting at which the aldermen vote in which to file with the clerk in writing, his dissent, but the aldermen may pass the said ordinance, order or resolution, notwithstanding the veto, by a vote of two-thirds, to be taken by ayes and nays, and entered upon the minutes. Mayor's vote and veto. SEC. 16. Be it further enacted, That the mayor of the city shall be the presiding officer of the city council. He shall also be the chief executive officer of the city government, and shall see that all the laws, ordinances, orders, by-laws, resolutions and regulations of the city council or of any departments of the city are properly executed and enforced, and that all officers of the city shall properly perform their duties. He shall have special control of the police of the city and shall see that the peace and good order of the city are preserved and that persons and property therein are protected;

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and to this end he may cause the arrest and detention of all violaters and disorderly persons in the city before issuing his warrant therefor. He shall in all things exercise a general supervision over the affairs of the city and shall make such recommendations to the city council from time to time as may to him seem proper for the public good. He shall keep advised in reference to each of the departments of the city and the manner in which same is being operated. He shall see that each department is being honestly and efficiently conducted upon business principles and without regard to politics. He shall require the business of the city to be promptly despatched without favoritism to any person or interest and without reference to politics or political influence. He shall have power also to pardon persons who are convicted of offenses against city ordinances, and also to commute, suspend, vacate or reduce sentences imposed by the police court of the city. In case of the absence, disqualification or disability of the mayor, the mayor pro tem. shall discharge his functions, and if he, for the same reasons, cannot act, then another alderman shall be selected by the board of aldermen to act temporarily. Duties and powers of mayor. SEC. 17. Be it further enacted, That said mayor and aldermen of said city shall hold regular meetings of the city council at least once a month, the time of meeting to be fixed by ordinance, for the consideration and transaction of such governmental, legislative, administrative, or corporate or municipal business or matters as may come before them; and they may also hold such special meetings from time to time as they may deem proper, such special meetings to be called by the mayor, or mayor pro tem., or upon the written request of any two members of the board of aldermen. Notice of such

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special meetings shall be given each of the said officers who are in the city at the time, and at such called or special meetings the mayor and aldermen shall have the right and power to transact any government or municipal business which they are legally authorized to transact at any regular or stated meeting. Meetings of council. SEC. 18. Be it further enacted, That said mayor and aldermen shall have the right and power, in the name and behalf of said city, to make such contracts and do such things as may be necessary or expedient for the peace, good order, health, safety, benefit and general welfare of said city and of the inhabitants thereof; and shall also have the right and power to exercise the full police power of the State within said city, and also to make such rules and regulations, and pass and adopt such by-laws, resolutions and ordinances as may be necessary for earrying out the purposes of the government of said city and conserving, promoting and protecting the welfare, health, morals, peace, advantage and good order of said city and of the inhabitants thereof. General welfare. SEC. 19. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to provide by ordinance for the registration of all voters prior to any election of municipal officersbond election, special election of any kind, or any other 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; and to fix suitable penalties for the violation of such registration ordinance or ordinances, or parts of same. Registration of voters.

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SEC. 20. Be it further enacted, That said mayor and aldermen shall have power and authority to open, lay out, widen, grade, straighten, vacate, close, abolish, curb, pave, drain, alter, or otherwise change and keep in good order and repair, renew and repave the streets, alleys, lanes, bridges, sidewalks, crossways, drains and gutters within the limits of said city, and to improve and light the same and keep them free from obstructions for the use of the public or of any of the citizens of said city; to regulate the width of sidewalks and other streets; to compel the owners or lessees of property to pave, repair, renew, and repave the streets and put down, repair and renew curbing and sidewalks along the same under the direction of the proper officers or committee of said city; and said city and the mayor and aldermen thereof are hereby expressly authorized and empowered to drain, grade, pave, macadamize, repair, renew and repave and improve the public streets, alleys and lanes and sidewalks of said city, and to put down, repair and renew curbing, side drains, cross drains, crossings and other improvements thereon; and to charge, assess and collect the expense thereof as provided by the Act of the General Assembly of Georgia amending the charter of the city of Waycross, approved the 22nd day of August, 1905, providing for paving and improving the streets, alleys, sidewalks, etc., in said city, and assessing the cost thereof, etc., except that where executions are issued they shall be signed and issued by the clerk of the council, instead of the city treasurer. The method provided in said Act approved August 22nd, 1905, as aforesaid, is hereby made available for and applicable to renewing, repairing and repaving the streets, alleys, sidewalks, curbing, crossdrains and crossings of said

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city, and the mayor and aldermen of said city are hereby authorized and empowered to use said method for said purposes whenever, in their discretion, they shall deem such work or improvement necessary. Likewise, said mayor and aldermen may cause the owners and occupants of property abutting on the public streets of the city to put out suitable shade trees along the streets and sidewalks in front of their property; and in the event such persons fail or refuse to put out such shade trees within ten days after being notified to do so, said mayor and aldermen, through its appropriate committee or officer may set out shade trees of a suitable variety along the public streets and sidewalks of the city in front of said property, and charge and assess the expense of same against such real estate in front of which said trees are so set out and against the owner or owners thereof, and in the event the bills for said trees and expense of setting them out are not promptly paid, executions may be issued against the real estate so assessed and against the owner thereof, and levied and collected as provided by the aforesaid Act amending the charter of the city of Waycross by providing for the paving and improving of streets, etc., approved August 22nd, 1905. Streets, etc. SEC. 21. Be it further enacted, That said mayor and aldermen shall have full power also to protect places of worship; to provide cemeteries and places for the burial of the dead, whether within or without the city limits, and to regulate interments therein, and to provide by ordinance for the protection and care of such cemeteries and burial places and to fix penalties for the violation of the provisions of such ordinances; to abate or cause to be abated, anything which, in their opinion,

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is a nuisance or source of disease, disorder or annoyance; to regulate privies and waterclosets; and also the keeping of gun powder, dynamite, gasoline, benzine and other combustibles; to regulate the sale of ice and milk, and to provide for the inspection of the same; to regulate or prohibit the shooting or explosion of fireworks; to make regulations for guarding against fires; to provide for fire escapes in all buildings three or more stories in height; to establish fire limits and prescribe the material out of which buildings shall be constructed therein, by ordinance, and from time to time to enlarge and restrict the same, and to provide penalties for violating the provisions of such fire limits ordinances; to regulate or prohibit the running at large within the limits of said city of horses, mules, cows, goats, sheep, cattle, hogs or other animals, and to take up and impound the same; and to regulate and control the keeping of dogs within the city and to provide for a tax on dogs and for taking up and impounding them; to prohibit disorderly and bawdy houses; and to adopt all other regulations and ordinances necessary or expedient for providing for the public safety, welfare, health and morals of the city and its inhabitants. Police powers. SEC. 22. Be it further enacted: 1. That said mayor and aldermen, in the event the present liquor prohibition Act of the General Assembly, approved August 6th, 1907, should ever be repealed, shall have the sole and exclusive power and authority to regulate the sale of spirituous liquors, wines, malt and intoxicating liquors of every kind whatever in said city; to grant license for the sale of the same, and to fix the price for the said license; provided, the same

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shall not be less than the sum of thirty thousand ($30,000) dollars; to establish such regulations and restrictions for the sale of the same as they may see proper, and to impose penalties upon persons selling such liquors without license or for violating any of the city ordinances regulating the sale of same. Sale of intoxicants. 2. That said mayor and aldermen shall have power to license and regulate the sale of Near Beer, Malt Mead, Acme Brew, Bud, and similar beverages and any other imitation of or substitutes for beer or malt or other liquors, which are not intoxicating, or else to prohibit same entirely, should they deem such prohibition expedient or advisable in their discretion. Sale of near beer, etc. 3. That said mayor and aldermen may provide by ordinance against what are known as blind tigers, or persons engaged in the clandestine sale of spirituous, malt and intoxicating liquors, and for the punishment of those who may make such sales. Blind tigers. SEC. 23. Be it further enacted, That the city of Waycross is hereby granted the power of eminent domain, and the mayor and aldermen are hereby authorized and empowered to condemn lands within or without its corporate limits for the erection of public buildings for said city for public parks, water supply, sewers, crematories, farms for handling and disposing of sewerage, and for other public purposes and improvement, as provided by the Act of the General Assembly providing a uniform method of exercising the right of condemning, taking or damaging private property, approved December 18th, 1894, as found in Sections 4657 to 4686 inclusive, of Volume 2 of the Code of Georgia of 1895, and any Acts of the Legislature amendatory thereof;

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and they are also authorized similarly to take and condemn personal property in the same manner when needed for public purposes of the city. Eminent domain. SEC. 24. Be it further enacted, That said mayor and aldermen of said city of Waycross shall have the right and authority to construct, own, use and operate for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of waterworks, a system of electric lights, a system of gas works, a system of street railway, a telephone system and exchange, and other public utilitiesany one, more, or all as, and whenever they may consider it expedient; to make rules and regulations regarding the use of same, and fixing prices and rates; and to provide by ordinance for the punishment of those who illegally use water, electricity or gas, or service from such public works, or who illegally divert such gas, water or electricity from their proper channels of transmission. When consumers of such water, electricity, or gas, so furnished by the city, shall fail to pay for same promptly, when due, said mayor and aldermen are hereby authorized to cause executions to be issued in favor of said city against delinquent consumers for the amount of such unpaid bills, which shall be enforced and levied as in cases of other executions running in favor of the city, and also to cut off the supply until the bills are paideither method, or both, at their option; and in the event such supply is cut off, they may provide for the payment of a reasonable fee for turning same on again. Public utilities. SEC. 25. Be it further enacted, That said mayor and aldermen shall have authority and control over all street

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railroads, electric light and power plants, gas plants, ice plants and factories and wagons and dealers in ice, and telephone lines and exchanges and other public utilities doing business in said city, and over the persons, firms and corporations owning, leasing or operating the same within the limits of said city, and to regulate the business conducted by said public utilities and ice factories and dealers in ice and the operation of same, and also to fix the rates and charges for such public service and ice; provided, such rates so fixed shall be reasonable. Control of utilities. SEC. 26. Be it further enacted, That the mayor and aldermen or the appropriate department or officer of the city shall have the right to compel the house owner, or proprietor, using water, light, or electric current, or other conveniences supplied by the municipal government of the city of Waycross, to install at the expense of such owner or proprietor, meters or apparatus of such pattern as may be prescribed by the appropriate department for the measurement of the commodity thus furnished. Light and water meters. SEC. 28. Be it further enacted, That said mayor and aldermen are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the city for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the city may be used free for such purposes; and also to make appropriations and payments from the general funds of the city for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises

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into the city, and also for making contributions to any board of trade or chamber of commerce, or like body in said city, which may have for its object any of the above stated public purposes; and also to make payment from the general revenues and funds of the city for the support of public hospitals, libraries, charities and other eleemosynary institutions in the city, and also of a military company in said city. Appropriations, for incidental benefits. SEC. 29. Be it further enacted, That the public school system of said city, and the powers in reference thereto, and the provisions for raising revenue for the maintenance of the same, and the Act of the General Assembly establishing a system of public schools for the city of Waycross, approved October 22nd, 1887, and the Act amending the same approved December 20th, 1888, and all other Acts relative thereto, and all city regulations and ordinances in reference to said public school system (which regulations and ordinances shall be subject to amendment and repeal by the city council) be, and the same are, hereby preserved and retained in full force and effect; and similarly, the present waterworks and sewerage and drainage systems of the city of Waycross, and the powers relative thereto, and the Act of the General Assembly of Georgia establishing same and conferring powers on said city in reference thereto, approved September 19th, 1889, and subsequently amended by an Act approved August 22nd, 1905, and all city regulations and ordinances in reference to the same (which regulations and ordinances shall be subject to amendment and repeal by the city council) be, and the same are, hereby preserved and retained in full force and effect. Said mayor and aldermen are hereby empowered in their discretion to provide such other and

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further means and agencies and regulations for carrying on the waterworks, sewerage and drainage systems of the city, and rendering the same efficient, as they may deem necessary and expedient; and said city and the mayor and aldermen are fully empowered to maintain the system of public schools as now established by law in said city and raise revenues for same. Public schools. SEC. 30. Be it further enacted, That said mayor and aldermen be, and they are hereby, authorized and empowered to issue bonds for and in the name of said city for any of the following purposes, to-wit: For buildings and equipping public school buildings; extending and improving the waterworks and sewerage and drainage systems of the city, and laying water mains and sewers; paving, macadamizing, repairing, repaving and improving the public streets, highways, and lanes and alleys and crossings of the city; building and installing one or more crematories within or without the city; constructing and installing and improving or extending an electric light and power plant, or a gas plant, either or both, for the purpose of furnishing said city and its inhabitants with light and power; and also a street railway system; and also for providing said city with any other public utility that the city council may consider desirable or expedient; and further, for the purpose of building a city hall, a public auditorium, an armory, and any other public buildings and works and making any other public improvements that may be needed for the city; and for any and all other governmental, municipal and public purposes. Before any bonds of said city shall be issued for any of the foregoing purposes, said mayor and aldermen shall, by appropriate resolution or ordinance, direct and provide that such bonds shall be issued

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and shall specify the purpose and amount thereof, the rate of interest they are to bear, how much principal and interest to be paid annually, when to be fully paid off, the place of payment, and other terms and details thereof (all of which provisions said city council shall have the right to fix and determine according to their best direction); and shall also in said ordinance or resolution call and provide for the holding of an election on the subject and for published notice thereof as provided by the Constitution and laws of the State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before stated purposes, as deemed expedient by said city council; provided, always, that the limit of the total bonded indebtedness of said city, as fixed by the Constitution of the State, shall never be exceeded. Should two-thirds of the qualified voters of the city vote in favor of issuing bonds at any election called by such city council, as hereinbefore provided, then and in such event said city council shall at and before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all the property in said city, subject to taxation, sufficient in amount to pay the principal and interest of such bonds. Any and all of the bonds and series of bonds issued by the city under the provisions of this charter shall become obligatory and binding upon said city and its tax payers, with all the qualities of commercial paper; and all bonds heretofore issued by said municipal corporation shall likewise be binding upon the city of Waycross. Said city council is hereby authorized to negotiate and sell any of the bonds or series of bonds

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issued by said city, and the proceeds of such bonds when sold, shall only be applied for the purpose or purposes for which they are respectively issued. Municipal bonds. SEC. 31. Be it further enacted, That whenever any bonds are issued by the city, it shall be the duty of the mayor and aldermen to provide a sinking fund to pay off the principal of such bonds or series of bonds at their maturity. The mayor and aldermen of said city are hereby required and empowered, for the purpose of paying the principal and interest (either or both) of the bonded debt already created or that may hereafter be created by the city of Waycross and taking care of and handling and investing the sinking fund provided and raised by the city for the payment of its bonds at maturity respectively, to create a board of commissioners to be known as the Sinking Fund Commission of the City of Waycross, and to provide for the number of persons who shall compose said commission, and for their election or appointment, their qualification, terms of office, compensation (if any), duties and powers, and to make all needful rules and regulations for the government of said commission and the management of said sinking fund. Sinking fund. SEC. 32. Be it further enacted, That it shall be the duty of the city council, or of the appropriate committee or board or department having same in charge, to see that a full supply of fresh, pure water is furnished to citizens of the city, and that the water supply is adequate for fire protection; to adopt such rules and regulations as may be necessary for the maintenance and government of said waterworks system; to lay out, construct, repair, or alter existing water mains and pipes,

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as may be necessary; to provide proper pumps, pumping stations, reservoirs, filters, etc., as may be required; to fix the water rates for different consumers, properly classifying the same with reference to the amount of water consumed, so that each class may be treated alike; to make regulations governing the use and supply of water and to provide for the protection of the waterworks system and of the mains and pipes, and of the water supply; and similarly, in the event said city installs and operates an electric light and power plant, or gas plant, either or both, it shall be the duty of said city council, or its appropriate committee or board, or department having same in charge, to see that abundant lights shall be supplied to the city and its inhabitants for the purpose of adequately lighting the streets and public places of the city and furnishing lights to the halls, theatres, stores, residences and other consumers in said city; to adopt such rules and regulations as may be necessary for the maintenance and government of such system; to fix rates for different consumers, properly classifying the same with reference to the amount consumed so that each class shall be treated alike; to regulate the installation of wires and other appliances for the use of the electric current in any form, and to regulate the piping of houses for gas and transmission of gas in the city; to see that all electric wires are properly installed, insulated and properly protected so as to safeguard the lives and the property of the public; to make such other regulations governing such electric and gas systems, and the transmission of gas and of the electric current as may be proper and expedient. Water supply. SEC. 33. Be it further enacted, That it shall be the duty of the city council, or of the appropriate committee

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or board or department having same in charge, to see that the drainage and sewerage systems of the city are adequate and sufficient, and that the sewerage systems of the city be extended as rapidly as possible so as to cover all parts of the city; to provide proper regulations for making connections with the sewers and for flushing same, and to make it compulsory upon people of the city where sewers are constructed to connect with such sewers; and to provide for the protection, operation and extension of the sewer system of the city; to see that the streets, lanes, alleys, and public places of the city and the premises of the citizens thereof are kept clean; to provide for the removal of garbage, night-soil and other refuse, and for the operation of crematories (should same be installed), and for keeping the city in a perfectly sanitary condition in all respects; and to provide adequate penalties for the violation of any of the sanitary rules and regulations of the city; also to cause the owners of lots and parcels of land in said city to drain the same or to fill same to the level of the streets or lands upon which they front, and to drain any pool of water therefrom; also to compel the owner or owners of cellars or dry wells holding water to drain and fill up the same, and in case the owner or owners of such lots of land or cellars or unused wells shall fail or refuse to drain or fill same, it shall be lawful for the city council to cause same to be done, and to cause an execution to be issued against the owner of said property and against said property for the expense thereof; also to appoint a sanitary inspector or inspectors who shall perform such duties and be clothed with such powers as may be prescribed by the city council, in order that the city may be kept in a sanitary condition,

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and that the sanitary regulations may be properly enforced; and said city may provide by ordinance for appropriate penalties for the punishment of any persons, firms or corporations who shall violate any of the sanitary rules and regulations of the city. Drainage and sewerage. SEC. 34. Be it further enacted, That said mayor and aldermen shall have full power and authority to provide quarantine regulations and to establish a quarantine against any place, person or district in order to guard against the introduction of any contagious or infectious diseases; to provide that all persons coming into or passing through the city shall show a proper health certificate; to enforce all quarantine regulations by sufficient penalties; also to provide for the frequent and compulsory vaccination of all persons in said city, to provide that school children shall be successfully vaccinated before being allowed to enter the public schools of said city, and to provide and enforce suitable and adequate penalties against any and all persons who shall refuse to submit to vaccination in accordance with the rules and regulations governing the matter. They shall also have authority to provide for the isolation of those affected with or exposed to contagious or infectious diseases, and to establish and maintain pest houses, and to provide for the confinement of persons having such diseases therein and for rules governing the same, and to enforce such rules by appropriate penalties. Quarantine. SEC. 35. Be it further enacted, That said mayor and aldermen shall have full power to levy and collect an annual ad valorem tax, not to exceed one per cent. on all the property, real and personal, within the corporate

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limits of said city as now or hereafter laid out, which is taxable under the laws of the State, for the purpose of supporting and maintaining and bearing the general expenses of said city government, and an additional per cent. sufficient in amount as assessed by the mayor and aldermen of the city on all said property for paying the principal and interest of the public debt; and in addition thereto, they shall have power and authority to levy and collect an annual ad valorem tax not to exceed one-half of one per cent. upon the value of all real and personal property in said city for public school purposes as now authorized by the Act of the General Assembly of the State of Georgia providing for the establishment of a system of public schools for Waycross, approved October 22nd, 1887, and the Act amendatory thereof, approved December 26th, 1888, said taxes to be all added together and collected at the same time; and an additional extraordinary tax not to exceed onefourth of one per cent. may be levied and collected for the following special purposes, viz.: For preventing, fighting, isolating, treating, nursing and stamping [Illegible Text] cholera, yellow fever, smallpox or other contagious or infectious diseases, including quarantine and sanitary purposes, and to be collected and used for no other purposes whenever, in the judgment of the mayor and aldermen the necessities of the city shall require. Said taxes shall become a lien upon all property subject to taxation in said city, as owned on February 1st of each year, and shall become due and collectible as follows: One-third of the taxes levied under the provisions of this Act shall be due and collectible on the 15th day of April of each year; one-third on the 15th day of July, and one-third on the 15th day of October of each year.

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Said installments shall bear interest at the rate of seven per cent. per annum from the date same are payable respectively; and any installments may be paid before maturity by any of the taxpayers who may desire to do so, and in such event they shall receive a discount on the installments not due at said time at a rate to be fixed by the city council not exceeding twelve per cent. per annum. Executions shall issue for all taxes unpaid on the first day of November in each year, or the first business day thereafter in the event same falls upon Sunday, and shall be enforced by levy and collection as heretofore provided. Tax books shall be opened for reception of tax returns by the first day of February of each year and closed on the 15th day of March following. Ad valorem tax. SEC. 36. Be it further enacted, That the mayor and aldermen shall prescribe by ordinance the time and manner in which and the officer or officers to whom all property, occupations, trades, callings, businesses, etc., shall be returned for taxation by the taxpayers and inhabitants of said city; and it shall be the power and [Illegible Text] of the assessor or assessors to value the real estate of said city for taxation, and to scrutinize carefully each return of property, real or personal, by any taxpayer in the said city, and if, in his or their judgment, they shall find the property embraced in the return, or any portion of it, returned below its value, said assessor or assessors shall assess the value thereof within fifteen days, or such other time as may be prescribed by said mayor and aldermen. Whenever the assessor or assessors shall raise the valuation at which the taxpayer has returned his property, said assessor or assessors shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the

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assessment, to appeal to the mayor and aldermen under such rules and regulations as they may prescribe. Tax [Illegible Text] SEC. 37. Be it further enacted, That said mayor and aldermen shall also have authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses and shows of all kinds, drays, hacks, automobiles, and auto-buggies and public vehicles of all kinds, as well as private vehicles which are unusual in their nature and likely to injure the road beds and streets of the city or frighten horses and become a source of danger, annoyance, or disorder; and also traveling venders of patent medicines, soaps, notions, etc.; also hotels, boarding houses, auction houses, restaurants, fish stands, laundries, billiard, pool and other kinds of tables, tenpins, shooting galleries and bowling alleys, and all contrivances and devices for carrying on games; also barber shops, plumbers, butcher shops, livery stables, slaughter houses, butcher pens, mill ponds, fish ponds, tanyards, blacksmith shops, saw mills, grist mills, steam gins and any manufactories or establishments producing offensive odors or unusual noises or large quantities of smoke; also auctioneers, peddlers and pawnbrokers, and all other classes or kinds of business within the police power of the city, and to fix the amount of the licenses therefor and collect same; and also, said mayor and aldermen shall likewise have power and authority to levy and collect a specific or occupation tax on all businesses, occupations, professions, callings, trades or avocations, public or private, exercised within the city, as may be deemed just and proper; and also upon franchises and incomes therein. Said city council may close up and prohibit entirely any business, factory, establishment or place of business in the event the same becomes

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a nuisance or is dangerous or injurious to the health of the people of the city. They shall have like power to remove or cause to be removed all dilapidated or unsafe buildings, fences, chimneys or structures of any kind which may be considered a nuisance or dangerous; and also to have excavations, dry wells, pits and ditches filled when deemed expedient. Special taxes. SEC. 38. Be it further enacted, That said mayor and aldermen shall have power and authority, by ordinance, to classify and provide for registering the various occupations, trades, callings, and kinds of business that are carried on in said city, and to fix the specific or license tax on same, and the time or times when such tax or license shall be payable, and shall provide penalties for engaging in same without first registering and paying the tax, and shall also have the power to enforce the collection of same by execution. Registration tax. SEC. 39. Be it further enacted, That all executions issued against persons, firms or corporations failing to pay the general and specific or occupation tax, assessments, liens or other charges accruing against such persons, firms or corporations, respectively, or their property for which executions may be issued under the provisions of the charter of this city, or of the ordinances thereof, shall be signed and issued by the clerk of the city council, shall bear test in the name of the mayor of said city, and shall be directed to and enforced and levied by the marshal of said city, who, after levying the same upon the property of the defendant in fi. fa., or the property against which it is issued, shall, if the property levied on be personal property, advertise the sale by posting notices thereof in three or more public places

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in said city for ten days before the day of sale; and if the property be real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales of Ware county are advertised, before selling the same; and all sales under execution shall be sold before the door of the court house of the county of Ware in said city. Sales shall be made under the rules and laws governing sheriff's sales. When personal property is sold, the marshal shall deliver possession thereof at once to the purchaser and a bill of sale if he shall so desire. When real estate is sold, the marshal shall make to the purchaser a deed, and upon application of the purchaser or his agent shall put such purchaser or agent in possession of the real estate sold; provided, said marshal shall not be authorized to turn out any person other than the defendant in fi. fa., his heirs, tenants or assigns. The clerk shall be entitled to 50 cents for each fi. fa. issued, and the marshal shall be entitled to the same fees for levying as are now allowed by law to lawful constables in this State, and to the same fees for selling as are allowed to sheriffs in this State; provided, however, that the fees of all said officers, as well as of other officers of the city of Waycross, who are now or who may hereafter be authorized to charge fees for services pertaining to their offices, may be changed by ordinance of the city council. Collection of taxes. SEC. 40. Be it further enacted, That the marshal or collecting officer of the city of Waycross shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers of tax fi. fas.

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as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property where sold under tax fi. fas., as the same now exists, or as may from time to time be provided by law. Transfer of tax, executions, redemption. SEC. 41. Be it further enacted, That whenever any execution issued by the proper authority of said city for taxes, licenses, assessments, fines, forfeitures, or any other charge or demand due said city, shall be levied upon any property, the defendant in fi. fa. shall have the right to file an affidavit denying that the whole or any part of said execution is due and the reason why same is not due, and stating what amount is admitted to be due (which amount so admitted shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance) with bond and security for the forthcoming of the property levied on, if same is personal property; and said affidavit so presented shall be returned to the Superior Court of Ware county and there tried and the issue determined as in cases of other affidavits of illegality returnable to said court, subject to all the pains and penalties provided for in cases of illegality for delay. Such affidavits of illegality and the procedures in reference thereto being governed by the rules and laws governing such matters in the Superior Courts of the State. Illegalities. SEC. 42. Be it further enacted, That all persons liable to perform road duty by the laws of this State shall be

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liable and subject to work on the streets of said city not to exceed fifteen days in each year, or to pay a commutation tax in lieu thereof not to exceed four dollars ($4.00), as the mayor and aldermen may determine. Should any person liable to work the streets of the city under this Section fail or refuse so to do, or to pay his street tax assessed in lieu of such services, after having received due notice so to do on or before the last day, as the said mayor and aldermen by ordinance may require, such person may be sentenced by the mayor to work upon the streets of the said city for and during the term of not exceeding fifteen days, under the direction and control of the proper officer, or be confined in the guard house for a term not exceeding ten days, in the discretion of the mayor. Thirty days continuous residence in the corporate limits of said city shall be sufficient to constitute a person a resident of said city so as to subject him to liability to do street work. Street tax. SEC. 43. Be it further enacted, That all bids for contracts for labor or materails to be furnished said city, or for work to be done in the interest of said city, which shall exceed the sum of five hundred dollars ($500) in amount, shall be advertised by the city department in which said work, labor or materials properly belong, in a daily newspaper published in the city of Waycross once a week for not less than two weeks, and said contract shall be awarded to the lowest and best bidder (unless all bids are rejected) after having been first approved by a majority vote of the city council. Contracts involving five hundred dollars ($500) or less, shall be made by the mayor and aldermen. This Section shall not abridge the power of the city to do all necessary work, by its own employees whenever, in the judgment

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of the city council, the same can be done more effectively or economically. Municipal contracts. SEC. 44. Be it further enacted, That a police court is hereby created and established in said city, and same is hereby clothed with all such powers as are inherent in courts generally and as usually belong to municipal and corporation courts, as well as those hereinafter more particularly set forth. Said police court shall be held and conducted in such manner and at such place and such times as the city council shall prescribe by ordinance, or as may be necessitated by the emergencies of the case. Said oplice court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the city committed within the jurisdictional limits of the city, and upon conviction to punish the offenders for the violation of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit all appearance bonds and recognizances returnable to said court and to hear, try and determine all issues made therein and to render judgment on the same; and also to try all nuisances and questions arising in reference thereto and to grant judgments for the abatement of the same and for the removal thereof. Police court. 1. The mayor of said city shall preside as judge in said court and try and determine cases without a jury. In case of the absence or disqualification or disability of the mayor, or in the case of a vacancy in his office, the mayor pro tem., or in his absence disqualification or

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disability, any member of the board of aldermen shall preside as such police court judge. Presiding officer. 2. Said mayor or presiding officer of said court shall be, to all intents and purposes, a justice of the peace, and shall be authorized and empowered to issue warrants for offenses committed within the jurisdiction of the city of Waycross for police purposes, against the penal laws of the State, this either before or after the hearing or trial of the charge in said police court, and consequently where, in the course of an investigation of a matter in said police court, it shall appear that the penal laws of the State have been violated, it shall be the duty of the mayor or acting police court judge to bind over the offender to the proper court having jurisdiction of such matters in said county of Ware; and to that end said mayor or other presiding police court shall have the power and authority to commit such offender or offenders to the county jail of said county, or admit them to bail, in bailable cases, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Jurisdiction. 3. The mayor or other presiding judge of said police court shall have the power to impose fines and inflict punishments after conviction upon all violators of the laws and ordinances of said city by fine not to exceed one hundred dollars, or by labor on the streets or public works of said city under the control and direction of the proper officers, not to exceed ninety days, or by confinement in the guard house not to exceed sixty days, either one or more or all, in the discretion of the mayor or other police court judge trying the case, and all sentences may be in the alternative and fines

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may be imposed with the alternative of either or both of the other punishments in the event the fines are not paid. Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said police court, the same may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same waythis method being cumulative and to be used at the option of the mayor and aldermen of said city. Penalties. 4. Said mayor or other police court judge when sitting or proceeding in such police court, shall have authority to punish for contempt by fine not to exceed $20.00, or confinement in the guard-house not to exceed twenty days, either or both in his discretion. Contempt. 5. There shall be kept in said court house one or more dockets, on which shall appear the name of each person arrested by the officers of the city for any offense against the municipal ordinances of laws in force within the jurisdictional limits of the city, and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition made of the case shall be entered in writing opposite the name and charge by the mayor or other presiding judge of said court, which respective entries signed by the mayor or other presiding police court in such cases. Dockets. 6. Said police court shall have power to compel the attendance of persons charged with the violation of any of the city ordinances or laws of the city, by summons, which summons shall be issued by the clerk of council

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and bear test in the name of the mayor, and shall set forth the nature of the charge or case, and the time set for trial or hearing, and shall be served upon the defendant by any officer or member of the police force. Likewise said court shall have power to compel the attendance of witnesses in all proceedings by issuing subp[oelig]nas which shall be similarly tested, issued and served. Summons and subpoenas. 7. Said police court shall have the power to punish any person disobeying such summons or subp[oelig]nas as for contempt. Any person who may be charged with contempt may be arrested by attachment in writing or warrant signed by the mayor or other police court judge, which said attachment or warrant shall be executed by any member of the police force. Contempt. 8. The cases before said court shall be tried as speedily as possible, with due regard to the rights of the accused and of the city continuances may be granted by the court upon proper showing made, in accordance with the rules governing such matters in the Superior Courts of the said State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge. Continuances. 9. When any person who is charged with an offense against the laws or ordinances of the city, or who is arrested for such offense, shall give bond for his or her appearance at any session of police court, and if such person shall fail to appear at the time appointed in said bond, then and in such event said bond shall be forfeited and the amount of same collected from the principal and sureties thereon in a manner to be provided for by ordinance of the city. And said mayor and aldermen are hereby expressly authorized and empowered to provide

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by ordinance for the forfeiture and collection of such appearance bonds similarly to the way in which they are forfeited in the Superior Courts in this State, and said police court is hereby clothed with full power and authority to forfeit said appearance bonds and grant judgments upon the same for the amounts thereof, in the same way that Superior Courts grant such judgments. On the entering of such judgment, the clerk of the city council shall issue an execution against the principal and surety or sureties on such bonds in conformity with such judgment, and in the form and manner prescribed for executions, issued by the city for taxes, which executions shall be placed in the hands of the city marshal who shall proceed to enforce and collect the same as tax executions of the city are enforced and collected. Forfeitures. 10. In any case where any person charged with an offense against the ordinances of the city, or arrested for such offenses, has deposited a sum of money as a bond for his appearance in said police court, and similarly where some other party has deposited a sum of money for the appearance of such person in said police court, then and in the event such person does not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the mayor or police court entered upon the police court docket, and shall be paid over to the city treasurer as the property of said city of Waycross. Forfeitures. 11. Said mayor and aldermen shall have the power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police

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court, such as are usually incident and lawfully chargeable to the prosecution of said cases, same to be added to the amount of the fines are imposed and collected, and then to be paid over to the proper officers for whose use they are charged. The clerk of the city council, and the marshal of the city, or such police officer as he may deputize, shall be the clerk and marshal respectively of said police court and shall serve same in such capacity, and their duties and fees or costs shall be such as usually appertain to such officers in courts and as may be fixed by ordinance, and they shall be entitled to receive such fees or costs for their services, in said court, when same are collected along with the fines, as above provided, but not otherwise. They shall not be entitled to any payments on account of solvent costs. Costs. 12. The right of certiorari from the decision and judgment of said police court shall exist in all cases, and any and all persons who shall complain, and take exception at any decision or judgment rendered in said police court, shall have the right to have same reviewed by a writ of certiorari which shall be applied for, issued and heard and determined under the provisions of the laws of the State of Georgia in such cases made and provided. Certiorari. SEC. 45. Be it further enacted, That said mayor and aldermen shall have full power and authority, in their discretion, to organize a chain-gang in and for said city, and to prescribe rules and regulations for same, and for the government thereof, and to cause all offenders against the laws and ordinances of said city to work in said chain-gang upon the streets and public works, in said city, as said mayor and aldermen may direct;

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and all persons sentenced to labor by said police court, shall be turned over to the superintendent of streets or other officer in charge of the streets and public works to be put to work on said streets or public works in or around said city, as provided by such sentence. Chain-gang. SEC. 46. Be it further enacted, That said mayor and aldermen shall have the power and authority to erect and maintain a city guard-house, and to establish and provide regulations therefor, in which shall be confined for punishment, when necessary, persons sentenced by the police court for violating any of the laws or ordinances of the city, as well as for the safe detention until trial of all persons who have violated any of the laws or ordinances of the city, and also for the safe detention of all disorderly persons and persons committing or attempting to commit crime, and the city marshal or chief of police, or any policeman of the city shall have the right to take up all disorderly persons, and all persons committing or attempting to commit any crime or violation of the laws or ordinances of the city, and confine them in the guard-house to await their trial. The mayor and aldermen shall likewise have the right in emergencies to use the county jail of Ware county. Guard-house. SEC. 47. Be it further enacted, That upon complaint being filed with the mayor, or in his absence or disability to act, the mayor pro tem., by affidavit, or in such other manner as may appear to him sufficient, that any person has violated any municipal ordinance or law of the city, said mayor or mayor pro tem., shall have the power to sign and issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police, or any member of the police force of the

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city, and may be executed by said chief or any member of the police force of the city, or the marshal or any watchman of the city or any other person authorized, and empowered to make arrests by the ordinances of the city. Arrest, however, may be made by any of the officers or persons who are thereunto duly authorized as aforesaid, without a warrant if the offense is committed in the presence of the arresting officer, or if the defendant is endeavoring to escape, or if for any other cause there is likely to be a failure of justice for want of an officer to issue a warrant. Arrests by said city officers may likewise be made in the one mile zone lying outside of the city limits as now defined, or as may hereafter be constituted, as provided for in a previous Section of this Act, and likewise the officers of the city may follow violators of the laws and ordinances of the city, and who are endeavoring to escape and arrest them in such flight wherever they may be found in the State. Warrants for arrests. SEC. 48. Be it further enacted, That it shall be the duty of the chief of police, by himself or through the force under him and at his command, at all times, day and night, to preserve the public peace, good order and tranquility of the city and its inhabitants, to prevent the commission of crime, and arrest offenders, to protect the rights of persons and property; to provide proper police force, and protection at fires; to protect strangers and travelers at railway stations; to suppress riots and insurrections; to disperse unlawful and dangerous assemblages and assemblages which obstruct the free passage of public streets, sidewalks, parks and other places; to preserve order at elections and at all public meetings and assemblages; to regulate movements of teams and vehicles in the streets, and to prevent the violation of

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all laws and ordinances in force applicable to the police of the city. He will be held responsible for the good order of the city, and the general good conduct of the officers and men under him. The police of the city, including those holding temporary appointments, and night-watchman shall be subject to the general control of the chief of police. The city may pass ordinances from time to time regulating the chief of police, and the police force of the city; and may clothe watchmen at private plants or factories, and also railroads, watchmen with police powers. Duties of police. SEC. 49. Be it further enacted, That there shall be a fire department maintained and operated by said city under such rules, regulations, and ordinances as the mayor and aldermen may prescribe and such as already exist. It shall consist of a chief and sufficient number of men, and they shall receive such salaries and be employed at the pleasure of the city council. The chief shall be the executive head of the department, and shall be responsible for good order and efficiency of the same, and shall make such reports to the city council of the condition of the department as may be required. Fire department. SEC. 50. Be it further enacted, That said mayor and aldermen shall not grant any public franchises to any person, firm or corporation without reserving in said grant the right to tax said franchise, and the right to pass and adopt from time to time such ordinances or regulations, regulating and governing the exercise of such franchises as may be deemed expedient or necessary; and no franchise shall be granted for a period longer than fifty years. Franchises.

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SEC. 51. Be it further enacted, That said mayor and aldermen of said city of Waycross, shall never at any time have the right or power to sell, lease or permit any encroachments on any of the parks or public squares in said city of Waycross, without first being authorized so to do by consent of two-thirds of the qualified voters of the city at an election called upon the question. Parks and squares. SEC. 52. Be it further enacted, That it shall be within the power of the city board or department especially affected, or of the city council to compel any and all public service corporations operating or doing business in said city to remove and replace and readjust at their own expense all tracks, poles, conduits, wires and other appurtenances and structures used by them, in the prosecution of their business functions, whenever the same may in the discretion of such departments, or said city council, be necessary to carry out any ordinance or plan of the municipal government of the city of Waycross, or to the best interest of the city and its inhabitants. Public service corporations. SEC. 53. Be it further enacted, That all property in said city which is required by the laws and ordinances of the city to be returned for taxation, shall be double taxed, if not returned before March 15th of each year; provided, however, that the tax assessors or the city council shall have power in their discretion to relieve from said double tax for good cause shown. Double tax. SEC. 54. Be it further enacted, That it shall not be lawful for the mayor or any alderman or any officer under said city to be interested, either directly or indirectly, in any contract with the city of Waycross, having for its object the improvement of the city or any part thereof or the expenditures of any money from

Page 1503

the city treasury, or in any contract for the purchase or sale of either realty or personalty by or from said city, or in any contract for the furnishing of materials or labor or goods, wares or merchandise to said city or any department thereof; nor shall either of such persons be capable of holding or having any interest in any such contracts or in the profits thereof, either by himself or by another directly or indirectly. Municipal contracts. Any of the above stated persons who shall violate any of the provisions of this Section shall be subject to impeachment as hereinbefore provided, and said contracts shall be void; and upon being convicted and removed from office by said impeachment proceedings as provided in this charter, such person shall not be qualified to hold any office or position with or in the government of said city or any department thereof for the term of ten years thereafter. SEC. 55. Be it further enacted, That the mayor, aldermen, departmental officers, and other officers of said city, whether serving with or without compensation, where they are elected or appointed for a fixed term of office, shall, for violation of their respective oaths of office, or for any violation of the criminal laws of the State, including the misuse or failure to pay over public funds or property, or wilful neglect or failure (except in providential causes) to perform the duties of his office, or such private misconduct as renders his office a subject of reproach to the public, or makes him unfit to discharge the duties of his office and prevents the true performance thereof, shall be subject to impeachment. This remedy by impeachment shall not take away the right and duty of removal of such offending

Page 1504

officer where such rights exist, but shall be cumulative thereof. Articles of impeachment shall be prepared and presented whenever so ordered, and in the manner that may be ordered by the city council in each case. When it shall be determined by the city council that a trial shall be had under articles of impeachment prepared as above specified, the city attorney shall prosecute in the name of the city. The city council of said city shall have the sole right to try all impeachments, and when sitting for that purpose they shall be under same oath or affirmation taken by jurors in the trial of criminal cases in the Superior Courts of the State. When the mayor is tried, a judge of the Superior Court shall preside, neither the mayor nor any aldermen shall be allowed to sit or vote on the trial of his own case if (he is on trial); and no person shall be convicted without the concurrence of two-thirds of the members present, the mayor voting except when he is on trial. Judgment, in case of impeachment, shall extend no further than removal from office and disqualification to hold any office of honor, trust, or profit, under this charter, but the party convicted shall, nevertheless also be liable and subject to indictment trial and punishment, according to law in the courts of the State having jurisdiction of such matters. Employees and officers who are employed at the pleasure of the city council, or any board or officer of the city, may be dropped at the pleasure of the appointing power. Impeachment. SEC. 56. Be it further enacted, That said mayor and aldermen shall also have the right and power: 1. To provide for the inspection of all buildings in said city for the purpose of having same meet the proper

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requirements relative to the material used and safety of the same, as the city council may from time to time prescribe by ordinance; to appoint a building inspector and prescribe his powers and duties; and to provide that no building shall be erected in said city without first securing a permit from such inspector. Inspection of buildings. 2. To regulate all drays, hacks and vehicles of every kind and description used in the city for hire in the transportation of passengers and freights, or both; to provide for the regular inspection of same and for lighting same at night, and to fix the rates of fare and carriage for same; also to regulate the speed and the running of trains, street cars, automobiles, auto-buggies and other vehicles in said city. Transportation. 3. To establish one or more markets, should they deem such action expedient, and regulate the same, fix the hours of sale therein, prevent the sale of marketable commodities elsewhere in the city, and pass all ordinances, rules and regulations necessary and proper in order to control marketing within the city. Markets. SEC. 57. Be it further enacted, That whenever any street railroad tracks are laid in said city on a street which has already been paved or permanently improved, said mayor and aldermen may require such contribution or payment from said street railroad company or its owners at the time of laying such tracks, on account of the paving or improvement of such street, as the said city council may deem proper. Said city may enforce the collection of such amount by execution, and may require payment of same before consent is granted to lay such tracks, and may grant consent conditioned on such payment thereafter. Such street railroad and its

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owners shall also be liable for its pro rata of the cost of repaving or repairing said street when the same is done, according to law. Street railroads. SEC. 58. Be it further enacted, That the mayor and aldermen of said city are hereby authorized, whenever they shall deem same expedient in their discretion, to make an assessment on the various lots and lot owners in said city for sanitary purposes, not to exceed three dollars per annum on each lot so assessed; and they are hereby authorized and empowered to collect the same by execution against the lot so assessed and the owner thereof; the amount 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 tax executions are issued and enforced in said city, and the amount so collected shall be used for sanitary purposes only. Said mayor and aldermen shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, no lot shall be less than twenty feet front; and provided, further, that the assessment provided in this Section shall not be made on vacant lots, except upon a vote of two-thirds of the city council, and residence lots shall not be subdivided for assessment except where the residence lots have two or more houses used or intended for use as separate tenements built upon them, in which case a sanitary assessment may be levied against the lot for each house situated thereon. Sanitary tax. SEC. 59. Be it further enacted, That said mayor and aldermen and any of the officers of said city, who may be sued for any act done in his official capacity, may justify under this charter; and the provisions of this

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charter may be pleaded and shall be full defense against any such action, for any act or acts, done by them or either of them under and in accordance with the provisions of this charter, and the ordinances passed in pursuance thereof. Protection of officers. SEC. 60. 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, 1909. WAYNESBORO, CITY OF, CHARTER AMENDED. No. 112. An Act to amend the charter of the city of Waynesboro, by authorizing the mayor and council of said city, in their discretion, to elect an officer to be known as the recorder, to preside in the police court of said city and to perform such ministerial duties as said mayor and council may by ordinance prescribe, and further authorizing said mayor and council to fix the compensation of said recorder. 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 14 of an Act approved December 15th, 1893, entitled, An Act to amend and renew the various Acts incorporating the town of Waynesboro and which makes the same a city, as amended by an Act approved July 29th, 1904, found in Volume of Georgia Laws of 1904, folio 690, be amended by adding to said Section 14 the following: Waynesboro, city of;

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First. Said mayor and council of Waynesboro shall have authority, in their discretion, to elect an officer to be known as the recorder, who shall be invested with the authority and whose duty it shall be when so elected, to preside in the police court in said city, with as full and ample authority to try and dispose of by judgment and sentence all cases for violation of the ordinances of said city and all other matters that may be within the jurisdiction of said police court as the mayor has under the provisions of Section 14 of this charter as amended. Recorder. Second. No person shall be eligible to said office of recorder who has not been a resident of said city for twelve (12) months and has not arrived at the age of twenty-five (25) years. Qualifications of recorder. SEC. 2. Be it further enacted, That should said mayor and council exercise their right to elect said officer, then in the event of the absence or disqualification of said recorder in any case, the mayor or mayor pro tem. of said city of Waynesboro, shall have the same authority to preside in said police court and exercise all the powers thereof as they now have under the charter of said city. Who may preside in police court. Fourth. Said mayor and council shall have authority upon the passage of this Act to elect said recorder, and when so elected he shall hold office until the next regular time for the election of the ministerial officers of said city, or until his successor shall have been elected and qualified. After said first election said recorder shall be elected at such time as said mayor and council may by ordinance provide and when so elected shall hold office for the term of one year, or until his successor shall have been elected and qualified, provided, however,

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said mayor and council shall have the right to discontinue said office at any time by majority vote duly entered on their minutes. Election of recorder. Fifth. Any person convicted and sentenced by said recorder shall have the right to appeal his case to the mayor and council by entering an appeal in writing within four days. Upon entering an appeal said appellant shall have the right to give bond in a sum not to exceed two hundred dollars ($200.00), the amount thereof to be fixed by said recorder and to be approved by him. This provision is in no way intended to interfere with the rights of any defendant to carry his case by certiorari to the Superior Court. Appeals and certiorari from police court. SEC. 3. Sixth. Be it further enacted, That said recorder acting as a court shall have the right to forfeit any bond for appearance given by a defendant in said court upon the failure of the principal to comply with the terms and conditions of said bond. The forfeiture of any bond shall only be had after notice of at least ten days to the sureties on said bond, which notice shall require said sureties to show cause at a named time and place why the same should not be forfeited. Forfeitures. SEC. 4. Seventh. Be it further enacted, That said recorder before entering upon his duties shall take and subscribe an oath to faithfully and impartially perform all the duties encumbent upon him as the recorder of the city of Waynesboro. He shall keep a docket of all cases before him, entering thereon the disposition of the same. The form of trial before said recorder and the method of collection and disposition of fines and the carrying out sentences of said court shall be the same as heretofore

Page 1510

used by said city under the provisions of its charter, unless said mayor and council shall otherwise provide. Duties of recorder. Eighth. In addition to presiding in said police court as above set forth said mayor and council may require said recorder to perform such ministerial duties in the business of said city as they may be ordinance provide. The said mayor and council may further require said recorder to give bond in an amount to be fixed by them, payable to said mayor and council of Waynesboro and conditioned for the faithful performance of his duties. Duties of recorder. Ninth. The compensation of said officer and the times of the payment thereof shall be fixed by said mayor and council, not to exceed the sum of one thousand dollars ($1,000.00) per annum. Salary of recorder. SEC. 4. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1909. WILLIAMSVILLE, TOWN OF, NAME CHANGED TO BOLD SPRINGS. No. 47. An Act to amend an Act approved August 17th, 1908, establishing a charter for the town of Williamsville in Walton county, so as to provide that the name of said town shall be Bold Springs, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the Act described in the title hereof be amended by striking therefrom the word Williamsville, whenever in said Act said word appears, and by inserting in lieu of said word whenever in said Act said word appears, the words Bold Springs, so that the name of the town of Williamsville in Walton county shall be changed to and known as Bold Springs. Williamsville, town of; name changed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and are, repealed. Approved August 9, 1909. WOODBURY, SCHOOL DISTRICT OF, ABOLISHED. No. 49. An Act to repeal an Act to incorporate the Woodbury school district, co-extensive with the corporate limits of the town of Woodbury, as defined in the present charter of said town, or any amendments of said charter, which may be made by the General Assembly of Georgia before the passage of this Act; to establish a system of public schools therein; to provide a board of trustees therefor, and to define their powers and duties; to empower said board of trustees to levy and collect a tax for the maintenance and operation of said public school system to require the county school commissioner of Meriwether county, Georgia, to pay over to said board of trustees the

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State school fund which is the pro rata share of said district, and for other purposes, approved August 22d, 1905. 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, viz.: An Act to incorporate the Woodbury school district co-extensive with the corporate limits of the town of Woodbury as defined in the present charter of said town, or any amendments of said charter, which may be made by the General Assembly of Georgia before the passage of this Act; to establish a system of public schools therein; to provide a board of trustees therefor, and to define their powers and duties; to empower said board of trustees to levy and collect a tax for the maintenance and operation of said public school system; to require the county school commissioner of Meriwether county, Georgia, to pay over to said board of trustees the State school fund which is the pro rata share of said district, and for other purposes, approved August 22d, 1905, and all acts amendatory thereof, be, and the same are, hereby repealed. Woodbury school district, charter repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved August 9, 1909.

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WOOLSEY, TOWN OF, CHARTER AMENDED. No. 165. An Act to incorporate the town of Woolsey, in the county of Fayette, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the town of Woolsey in the county of Fayette, be, and is, hereby incorporated, and that corporate limits of said town shall be as follows: Woolsey, town of, incorporated. All the land belonging to Mrs. A. F. Rhea, on the east side of the Southern Railroad, all the land belonging to I. G. Woolsey on the west of the Southern Railroad and east of the creek running south through the land of I. G. Woolsey, all the lands belonging to Mrs. A. A. Wilson following the E. G. Lunceford line running from said creek, east to Southern Railroad, including all the dwellings, tenant houses on said lands, also including depot and right-of-way of Southern Railroad and all other lands within said boundaries in the town of Woolsey. Corporate limits. SEC. 2. Be it enacted further, That on each and every first Saturday in September, after the passage of this Act, all the citizens residing in the corporate limits of said town who shall be entitled to vote for members of the General Assembly of Georgia, shall be entitled to vote for mayor and council which election held annually on said day shall be held in said town and in the same manner, and under the same rules and regulations, as on elections for members of the General Assembly. So far as they are applicable, the polls to be opened and closed at precincts. Election of mayor and councilmen.

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SEC. 3. Be it further enacted, That the certificate of the managers of the election shall be proof of the election, and that before entering upon the duties of their office the mayor and councilmen shall each make and subscribe an oath to faithfully discharge his duties as officer of said town. Certificates of elections. SEC. 4. Be it further enacted, That all vacancies in the board of mayor and councilmen, occurring between election by the citizens of said town shall be filled by the remaining members of the board. The term of the mayor and councilmen, except when elected to fill an unexpired term, shall be for one year, or until their successors are elected and qualified. Vacancies. SEC. 5. Be it further enacted, That said board of mayor and councilmen shall have full power and authority to pass all ordinances for the government of said town, not in conflict with the laws of this State or of the United States, and enforce the same by execution, fine or imprisonment; said board may provide for the trial of cases and offenders before the mayor, and for appeal from his decision to the full board, or a majority of them. Corporate powers. SEC. 6. Be it further enacted, That said mayor and councilmen shall have power and authority to appoint all officers they may deem necessary for the good of said town, and to carry this Act into effect. To compel all persons in said town liable to road duty to work on the streets or pay a commutation fee in lieu thereof; to open streets where deemed necessary; to levy and collect an ad valorem tax on property in said town and such special taxes upon drays, livery stables, peddlers,

Page 1515

shows, and all enterprises, as they may deem best for said town. Municipal officers. Taxing powers. They shall have power to license, regulate, or prohibit the sale of spirituous liquors and other intoxicating drinks, such as near beer, in said town. SEC. 7. Be it further enacted, That the government of said town of Woolsey shall be vested in a mayor and three councilmen, who may sue and be sued, plead and be impleaded and perform any and all other acts necessary for the government of said town under the name of mayor and council of the town of Woolsey. Government. 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, 1909. WRENS, TOWN OF, CHARTER AMENDED. No. 172. An Act to authorize the town of Wrens in the county of Jefferson, 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 of the State of Georgia, That from and after the passage of this Act, there shall be established in the town of Wrens, in said State, a system of public schools to be conducted, supported, and provided for, in the manner hereinafter set forth. Wrens, town of; public schools.

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SEC. 2. Be it further enacted, That the following named persons, to-wit: Rev. W. J. Howard, W. T. Howard, Dr. C. H. Raley, B. L. Brown, W. J. Wren, W. H. Beall, R. A. Wren and W. L. Radford 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. SEC. 3. Be it further enacted, That the term of office of the first two of said board shall expire at the annual meeting of the trustees June 1, 1910, the next two on June 1, 1911, the next two June 1, 1912, the next two on June 1, 1913, in the order their names are above written in Section two of this Act; and their successors shall be elected by the remaining members of said board at the time the vacancy occurs or at the first meeting thereafter. In the case of any vacancies otherwise than by expiration of term of office, said board shall elect members to fill vacancies. Terms of members of board. SEC. 4. That officers of board of education shall be president, vice-president, secretary and treasurer, and superintendent of schools; that no member of the board shall receive any compensation for his services, except the secretary and treasurer who shall not receive more than $25.00 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. Officers of board. SEC. 5. Be it further enacted, That said board of education shall have authority to devise and adopt a thorough system of public instruction in said town and shall have exclusive jurisdiction over all schools thus

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established and may modify its system from time to time as circumstances may demand. They may establish such schools as they think proper, not to exceed one for the white race and one for the black race; they may appoint, suspend, or remove teachers in their discretion; they may fix the salaries of teachers, prescribe the course or courses of studies, make by-laws for the control and government of said schools, and do all lawful Acts conducive to the proper and successful operation of said school system. Powers of board. SEC. 6. Be it further enacted, That the schools herein provided for may be run in connection with the public schools now established in said town and supported by public school funds. The county school commissioner of Jefferson county shall 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, and the board of education of said town may use such public school funds so appropriated to the schools in connection with other funds raised as hereinafter provided for the support and maintenance of said public schools. The board of education of said town may run said schools for a period of nine months and may charge and collect from each pupil a nominal tuition or entrance fee, to be paid or arranged for in advance not to exceed ($2.50) two and one-half dollars per month for the full term of 9 months and for the full course or curriculum of said schools; provided, nothing herein contained shall be construed as to prevent any common school scholar from entering

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said schools if the parent or guardian of said pupil shall elect to enter him or her for the period of the public school term only and on 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 license, whose duty it shall be to receive and teach such children as may enter upon the merits of the public school fund only and for the course of study prescribed by the public school law. Organization and support of schools. SEC. 7. Be it further enacted, That the mayor and council of said town may each year levy such a tax as the board of education may recommend not to exceed one-quarter of one per cent. on all property of said town subject to taxation which tax may be necessary when added to the funds received from the county school commissioner and the sum realized from tuition or entrance fees, to support and maintain said schools for the period of nine months of each year. Said taxes are to be collected when the regular town tax is collected. School tax. SEC. 8. Be it further enacted, That children of nonresidents 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 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 Wrens, shall be allowed to attend said school and pursue the public school studies only, free of charge, for the full term of the public schools of Jefferson county. Non resident pupils.

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SEC. 9. Be it further enacted, That no person shall be employed as a teacher in any of the public schools of said town until he or she has been duly licensed as a common school teacher and every teacher contracted with under this Act shall be required to make the same reports and returns to the county school commissioner as is now required of the common school teachers. Teachers. SEC. 10. Be it further enacted, That before this Act shall become operative, its adoption shall be submitted to the legally qualified voter's of the town of Wrens, for which purpose the mayor of said town shall within two weeks after its passage and approval by the Governor order an election of which ten days' notice shall be given by posting notice at the post-office 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; at said election of adoption, those favoring the adoption of the Act shall have written or printed on their ballots the words For Schools and those opposed to its adoption shall have written or printed on their ballots the words Against Schools. And if it shall appear that two-thirds of said qualified voters, actually voting in said election have cast ballots for schools, this Act shall be declared adopted and become operative; should the result be aginst schools said mayor and council may submit the same at another election in the same manner hereinbefore provided for after an interval of six months, upon petition of one-third of the qualified voters of said town and may do so from time to time upon such petitions. Ratification of this Act.

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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, 1909. WRIGHTSVILLE, CITY OF, CHARTER AMENDED. No. 63. An Act to amend an Act repealing an Act incorporating the town of Wrightsville as the city of Wrightsville, etc., and for other purposes, approved December 8th, 1899, and the Act amendatory thereof, approved August 16th, 1907, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a charter for the city of Wrightsville, approved December the 8th, 1899, and the Act amendatory thereof, be, and the same are, hereby amended as follows: Wrightsville, city of. SECTION 1. That an Act amending the Act incorporating the town of Wrightsville as the city of Wrightsville in the county of Johnson, State of Georgia, approved December 8th, 1899, by creating and establishing for the city of Wrightsville a recorder's court; defining its jurisdiction and powers, providing the manner of selecting a recorder, and defining his duties and powers, providing for his compensation, and for other purposes, approved August 16th, 1907, be, and the same is, hereby repealed. Recorder's court, Act creating repealed.

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SEC. 2. That Section 4 of the Act of 1899, be, and the same is, hereby amended, by striking out the figures 1900 at the beginning of the third line of said Section, and by adding in lieu thereof the figures 1910, and by striking out the words of each year near the end of said third line in said Section, and adding in lieu thereof the words of every two years. So that said Section when so amended shall read as follows: Be it enacted by the authority aforesaid, That an election shall be held in said city, on the first Saturday in January, 1910, and on the first Saturday in January of every two years thereafter, for a mayor and five councilmen, who shall hold their offices for two years, or until their successors are elected and qualified; said election shall be opened at eight o'clock a. m. and closed at four o'clock p. m., to be held under the superintendence of a justice of the peace, and two freeholders in said city, or by three freeholders in said city under the forms and regulations prescribed by law for the election of members to the General Assembly of this State, in so far as they are applicable to such election, and do not conflict with the specific rules herein prescribed. Election of mayor and councilmen. SEC. 3. That Section 12 of the Act of 1899, be, and the same is, hereby re-enacted and shall read as follows: Be it enacted by the authority aforesaid, That the mayor shall hold a police court in said city at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of one hundred dollars ($100.00) or imprisonment in the guardhouse, or to be confined in the city chain-gang at hard

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labor upon the streets of the city not to exceed ninety days, together with the cost of trial, which judgment may be made in the alternative, in the discretion of the mayor. It shall be the duty of such mayor to Act as the presiding officer of the council when in session, and to look after the promotion of peace and good order, and the enforcement of all ordinances, by-laws, rules and regulations of said city, and he shall receive as compensation for services, the sum of one hundred and fifty dollars ($150.00) per annum, payable quarterly out of the General or common fund in the treasury of said city, and he shall not be entitled to any item of costs taxed against any person tried and convicted for any offense against the laws of said city. Police court. SEC. 4. That Section 13 of the Act of 1899, be, and the same is hereby amended, by striking out the words appointed by the mayor and council of the city of Wrightsville, commencing in the middle of the third line and ending in the fourth line of said Section, and adding in lieu of said words authorized and empowered to receive such compensation pro rata for salary for the remainder of their respective terms of office, which is hereby preserved as is prescribed by Secs. 4 and 13 of this Act as hereby amended, so that said Section when amended, shall read as follows: Be it enacted by the authority aforesaid, That the present incumbents of the offices of mayor and councilmen of the city of Wrightsville, are hereby authorized and empowered to receive such compensation pro rata for salary for the remainder of their respective terms of office, which terms are hereby preserved, as is prescribed by Sections 4 and 13 of this Act as hereby amended, and said mayor and council shall have all the rights and powers

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and duties hereby conferred, to hold and exercise the same until the election and qualification of their successors in office at the first regular election herein provided for. Salaries. SEC. 5. That Section 14 of the Act of 1899, be, and the same shall hereinafter appear under Section 16 and shall be so amended as to read as follows: Be it enacted by the authority aforesaid, That the costs in all cases tried before the mayor's court in said city of Wrightsville, Ga., when taxed against the party charged with and tried for any offense against the ordinances, by-laws, rules or regulations of said city, shall not exceed the sum of three dollars; and the collection of same shall be enforced in the same manner as prescribed for the collection of fines. Said costs shall be turned into the treasury of said city to be applied to the credit of the common or general fund, and to be disbursed only for the salaries of the officials of said city. Court costs. SEC. 6. That the Act of 1899, be, and the same is, hereby amended by adding to said Act Sections 15 and 16 respectively, and they shall read as follows: SEC. 15. Be it enacted by the authority aforesaid, That from and after the passage of this Act, the mayor of said city shall receive a salary of one hundred and fifty dollars ($150.00) per annum, to be paid from the common and general fund of the treasury of said city, payable quarterly; provided, however, that the mayor pro tem shall be paid the sum of one dollar for the trial of any case as prescribed by law, same to be paid out of the common or general fund in the treasury of said city, and which sums shall be deducted from the salary of the mayor. That each councilman shall receive

Page 1524

a salary of thirty dollars, ($30.00) per annum, to be paid from the common or general fund of the treasury of said city, payable quarterly; provided, however, that if any member of said council shall, without excuse first had and obtained from the mayor and council in regular session assembled, absent himself from any regular or called session of the mayor and council, shall have the sum of two dollars deducted from his said salary for each meeting he is absent, and provided, further, that said councilman is not absent on account of sickness, and provided, further, that the provisions of this Section shall extend to the mayor of said city for the purposes herein enumerated; and provided, further, that said mayor and council of said city shall hold regular monthly sessions on the first Wednesdays in the afternoon at two o'clock of each month. Salaries. 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 August 2, 1909. WRIGHTSVILLE, CITY OF, PUBLIC SCHOOL SYSTEM ABOLISHED. No. 66. An Act to repeal an Act approved August 11th, 1908, to establish a public school system within the corporate limits of the city of Wrightsville, this State, and for other purposes.

Page 1525

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 the 11th, 1908, establishing a public school system within the corporate limits of the city of Wrightsville, this State, and for other purposes, be, and the same is, hereby repealed. Wrightsville, city of; public school system abolished. SEC. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be and the same is, hereby repealed. Approved August 10, 1909. YOUNKER, TOWN OF, CHARTER REPEALED. No. 136. An Act to repeal an Act to incorporate the town of Younker, in the county of Dodge; to confer certain powers, and for other purposes, approved August 20th, 1906. 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, that an Act entitled, An Act to incorporate the town of Younker in the the county of Dodge; to confer certain powers, and for other purposes, approved August 20th, 1906, be, and the same is, hereby repealed. Younker, town of; 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 14, 1909.

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ZEBULON, TOWN OF, OLD CHARTER REVIVED. No. 93. An Act to repeal an Act approved December 22d, 1890, being an Act to repeal the present charter and enact a new one for the town of Zebulon, Pike county, Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That an Act approved December 22d, 1890, being an Act to repeal the present charter and enact a new one for the town of Zebulon, Pike county, Georgia, be, and the same is, hereby repealed. Zebulon, town of, old charter revived. 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, 1909. ZEBULON, CITY OF, CHARTER FOR. No. 85. An Act to create a charter for the city of Zebulon in the county of Pike, Georgia, and to provide a municipal government for said city, and define its boundary lines, 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 the town of Zebulon in the county of Pike be, and the same is, incorporated under the name and style of the city of Zebulon, and by that name

Page 1527

have perpetual succession, may have and use common seal, may sue and be sued, plead and be impleaded in any court of law or equity of this State, may purchase, have, hold, receive, enjoy and retain to itself any estate or estates, real or personal of whatever kind or nature, within or without the corporate limits thereof, may through its mayor and aldermen sell or otherwise dispose of the same for the benefit of said city, as its mayor and aldermen in regular council meeting may adjudge fit and proper. The mayor by direction of said council making, executing and delivering all deeds and contracts thereto. Zebulon, city of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the limits of said city of Zebulon extend one-half of a mile from the court house in every direction. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said city shall consist of a mayor and four aldermen; said council may elect or appoint such other subordinate officers of said city as they may deem necessary at any time for the enforcement of the provisions of this charter or any ordinance passed in pursuance thereof, all of whom shall be deemed and held lawful officers of this State and city. All subordinate officers shall hold their offices at the will of said council, and receive such salary or compensation as may be attached to such office or appointment, and shall take and subscribe such oath and execute such bond for the faithful discharge of the duties that shall be required by the ordinances of said city. Mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That the present municipal officers of the town of Zebulon be, and they are, hereby declared lawful officers

Page 1528

of said city under the provisions of this charter until the first Saturday in January, 1910, and until their successors are elected and qualified. That an election for mayor and aldermen to succeed the present officers shall be held on the first Saturday in January, 1910, and annually on the same day thereafter under such rules and ordinances as may be adopted by said council not inconsistent with the provisions of this charter and the laws of this State. Election of Mayor and aldermen. SEC. 5. Be it further enacted by the authority aforesaid, That all municipal elections in said city shall be held in the court house between the hours of eight o'clock A. M. and three o'clock P. M., and shall be held by any two citizens who may be freeholders of said city, being first sworn to hold said election properly and faithfully. Said freeholders being appointed by the council, neither of whom being a candidate. Said election shall be conducted as provided by law as for election as for members of the General Assembly of this State, except that only two lists of voters and two tally sheets need be kept. The mayor shall count the votes cast, declare the result, and certify the same to the mayor and council, and deposit with mayor all papers pertaining to said election, who shall retain them unopened for ten days, and destroy them, unless notice of a contest shall have been filed. All contests shall be conducted as prescribed by the general laws of force in this State. If, from any cause, there should be failure to hold an election at the time appointed, the mayor and council may order an election to be held as soon as practicable by giving at least five (5) days' notice thereof by publication or written notice at the court house. Elections, how held.

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SEC. 6. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly in the county of Pike, who have resided in said city six months next preceding said election, who have paid all taxes legally imposed by the authority of said city, including street tax and all fines lawfully imposed upon him, and have complied with such registration laws and ordinances as shall have been adopted by said council, shall be qualified to vote therein; provided, that no one shall be permitted to vote who, on being challenged as a voter, fails to take the oath prescribed by law, and to swear that he has been a bona fide citizen of said city six months next prior to said election. Voters. SEC. 7. Be it further enacted by the authority aforesaid, That any person voting illegally at any municipal election held in said city shall be guilty of a misdemeanor, and be punished as prescribed by law for illegal voting in this State. Voting illegally. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall, at the time of their election, be qualified voters in said city, and shall receive no salary for their services, but shall be exempt from street tax during their continuance in office. Mayor and aldermen, qualifications and exemptions. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and aldermen-elect shall, within ten days after their election, meet at a time and place to be designated by said mayor, and take and subscribe an oath faithfully and to the best of their ability to discharge the duties of their respective offices, which shall be recorded in the minutes of the council. Oath of mayor and aldermen.

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SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall elect a marshal and require of him such bond payable to the city as they may deem necessary, conditioned for the faithful discharge of his duties; and said marshal shall, before entering upon his duties, take and subscribe an oath before the mayor to faithfully discharge said duties to the best of his skill and knowledge, and to faithfully account for all money that may come into his hands by virtue of his office, and shall receive such compensation for his services as said mayor and aldermen may determine. Marshal. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall hold, at such times and places as they may appoint, meetings for the transaction of the business of the city. The mayor shall preside, or a mayor pro tem., to be elected by said council from one of their number, who shall vote on all questions in case of a tie. Said mayor or other member of council designated by it in the absence or disqualification of the mayor, shall hold police courts for the trial of all offenders for the violation of the laws and ordinances of said city, and on conviction, shall punish each offender by fine not exceeding fifty dollars, or imprisonment in the calaboose or the county jail not exceeding thirty days, or work on the streets not exceeding thirty daysany one or two, or all of such punishments, in his discretion. He shall have power to punish for contempt by fine not exceeding five dollars, and imprisonment not exceeding twenty-four hours. From the decision of the presiding officer there shall be right of appeal to the council, a majority of whom shall decide all questions and issues on appeal. Mayor and aldermen meetings, etc.

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SEC. 12. Be it further enacted by the authority aforesaid, That the mayor shall have the power to discharge the duties of an ex-officio justice of the peace in all criminal matters, and upon investigation in the police court, the mayor or other member of the council presiding in case it should appear that an offense against the criminal laws of this State had been committed, shall have power, and it shall be his duty to bind the offender to the proper court, or commit him to jail, as the general statutes of this State provides by committing magistrates. Powers of mayor and aldermen. SEC. 13. Be it further enacted by the authority aforesaid, That said mayor shall be the chief executive officer of said city. He shall see that the laws and ordinances, rules and orders of the mayor and council are faithfully executed. He shall have control of the police of said city; may appoint special police, in his discretion, and shall see that the peace and good order of the city are preserved; that all persons and property therein are protected, and to this end may cause the arrest and detention of all rioters or disorderly persons, or suspicious characters, or any persons violating the laws, ordinances or rules of said city. Duties of mayor. SEC. 14. Be it further enacted by the authority aforesaid, That in case of the absence, sickness or disqualification of the mayor, the mayor pro tem., who shall be elected by the council from one of their number, shall exercise all the powers with which the mayor is invested, and perform all the duties required of him. Mayor, pro tem. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to pass all laws, ordinances and rules

Page 1532

for the government of said city, not in conflict with the Constitution and laws of this State, for the protection of life, property, peace, good order, health, comfort, and convenience of the citizens of said city, and other persons therein, and to provide suitable penalties for the violation of the same. Corporate powers. SEC. 16. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority over all streets, alleys, sidewalks, parks, cemeteries; to remove all obstructions and nuisances therefrom; to regulate and control all public houses, markets, butcher pens, hog pens, livery stables, blacksmith shops, gins, mills, and machinery propelled by steam, gasoline or electric power, and to remove the same in case they should become dangerous to persons or property or injurious to public health. To establish fire limits and regulations to guard against fire, and to organize and maintain a fire department; to establish a system of sewerage, drainage and waterworks; to maintain street lights; to establish and maintain an electric light plant and system; to establish and maintain other appliances and public improvements as may conduce to the health and comfort of the city; to fill excavations, construct ditches, drain ponds and marshes, and to exercise all such police authority over all parts of the city as will conduce to health, peace and comfort, good order and the convenience of the citizens, and to pass all such ordinances as they may deem necessary therefor. Corporate powers. SEC. 17. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to levy and collect an ad valorem tax of not exceeding

Page 1533

one-half of one per cent. upon all property, both real and personal, in said city, and upon all franchises exercised therein, and may adopt such measures in their discretion as shall secure the fair and equitable return of all property for taxation, and may, in their discretion, appoint tax assessors whose duty it will be to assess all property in said city for taxation at a fair cash valuation. They shall have power to require all persons within the corporate limits who are subject to road duty under the laws of this State, to work on the streets of the city, or they may prescribe a commutation tax in lieu not to exceed three dollars per annum. They shall have power to levy a special or license tax upon all kinds of business callings, professions, or occupations carried on in said city, upon all shows, exhibitions and performances carried on for gain; upon all peddlers or itinerant traders or venders, insurance and machine agents, and book agents; upon all livery stables, hacks, drays, or other vehicles kept for hire; stallions, jacks, or bulls kept for breeding; hotels, restaurants, beef markets, and lunch counters; dealers in fish and oysters; barber shops; dealers in soft drinks, ciders, near beers, or other such drinksthe sale of which is not forbidden by the prohibition laws of the State of Georgia, and may regulate the conduct of such business by ordinance and prescribe the method of obtaining license therefor, and prescribe penalties against any one exercising any of such privileges in said city without having first paid said tax or procured such license. Taxing powers. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall have power and authority to enforce by execution the collection of any amount due or to become due to said

Page 1534

city for taxes, fines, assessments, license fees or otherwise, which executions shall be issued by the secretary and treasurer and bear test in the name of the mayor, and be directed to the marshal of said city, his deputies and sheriffs, and deputies of this State, who are hereby authorized and required to execute all writs, processes, warrants, executions, subp[oelig]nas, rules and orders as aforesaid. All sales by said marshal shall be conducted as provided by law for sheriff's sales, and as such he shall make title and put purchasers in possession of property sold; provided, that the marshal shall turn over to sheriff all levies made on real estate who shall sell same as provided by law. Collection of taxes, etc. SEC. 19. Be it further enacted by the authority aforesaid, That all judgments and executions, issued under the provisions of this Act, shall be a lien upon and bind all the property of the defendant, from the date thereof, and shall rank with and have precedence as provided by the laws of this State as to liens by executions and decrees. All claims and illegalities field thereto shall be returned to the Superior Court of Pike county, or other court of said city or county having jurisdiction, and be there tried as provided by law for the trial of other claims and illegalities, the cost to be the same, and to be taxed and paid as prescribed by law for other such cases in the Superior Court. Liens. SEC. 20. Be it further enacted by the authority aforesaid, That all property held and owned by the town of Zebulon and by the mayor and council of said town, for municipal purposes, shall be and become the right and property of the city of Zebulon, and that all rights and liabilities of the town of Zebulon shall accrue to and

Page 1535

against the city of Zebulon, and as such, be enforced; that all ordinances, rules and regulations of the town of Zebulon, and now in force therein, shall continue in operation under the charter of the city of Zebulon until the same are repealed, amended or condified by the said mayor and aldermen; provided, the same are not in conflict with the provisions of this Act. All officers or positions held under and by virtue of election or appointment by the present mayor and councilmen of said town shall hold their offices or positions during the term of their election or appointment without being prejudiced by this Act, unless said office or position is in conflict with this Act. Rights and liabilities. SEC. 21. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same is, hereby repealed. Approved August 11, 1909.

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TITLE II. RAILROADS. ACTS. Rome Northern railroad to cross W. A. tracks. ROME NORTHERN RAILROAD TO CROSS W. A. RAILROAD. No. 233. An Act to authorize and empower the Rome and Northern Railroad Company to cross the tracks of the Western and Atlantic Railroad. 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 Rome and Northern Railroad Company, a corporation of this State, is hereby authorized and empowered, in the construction of its line of railroad, to cross over the tracks of the Western and Atlantic Railroad, the property of the State. Rome and Northern railroad. SEC. 2. Be it further enacted by the authority aforesaid, That said crossing may be had, or done on the line

Page 1537

of the Western and Atlantic Railroad at a point at or near Tunnel Hill, in the county of Whitfield, or at or near Ringgold, in the county of Catoosa, or at some intermediate point between Tunnel Hill and Ringgold, as may be selected and determined by a survey and location of the line of said Rome and Northern Railroad. Crossing tracks of W. A. railroad. SEC. 3. Be it further enacted by the authority aforesaid, That in the crossing of said Western and Atlantic Railroad, by said Rome and Northern Railroad the same shall and can only be done by either over head or under grade, as may be decided or determined the best mode, and as may be satisfactory to the present lessees. The cost and expense of said crossing to be borne and paid by the Rome and Northern Railroad Company; provided, that before crossing, the consent of the lessees shall be obtained and filed with the Governor; provided, further, that the State shall incur no expense or liability on account of said crossing. Cost of crossing. SEC. 4. 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 16, 1909.

Page 1539

PART IV.RESOLUTIONS

Page 1541

Authorizing Governor to borrow money. Authorizing treasurer to sign bonds. Appropriation for terminals of W. A. R. R. at Chattanooga. Appropriation to pay sergeant-at-arms to McLendon committee. Appropriation to stenographers to McLendon committee. Appropriation to furnish Brigade Headquarters of National Guard. Appropriation to pay receiver of the Neal Bank. Appropriation to pay for reports of supreme court and court of appeals. Appropriation to pay for journals of extra session of legislature. Appropriation to pay pension of Mrs. Lottie E. Coker. Appropriation to pay pension of E. P. Ford. Appropriation to pay pension of Archibald McKinley. Appropriation to pay pension of W. H. Morgan. For relief of W. L. Williamson. For relief of Claud Hancock and John Bruce. Committee to equalize taxation. Committee to inspect convict camps. Committee to investigate State sanitarium. Committee to visit University and its branches. Committee to visit school for the deaf. Committee to visit academy for the blind. Committee to rearrange judicial circuits. Committee to rearrange judicial circuits. Relative to monument to General James Edward Oglethorpe. Relative to improvement of cotton plant. Relative to cotton, cotton goods, etc. Relative to consular service of United States. Relative to retired roll of the National Guard of Georgia. Authorizing librarian to furnish Ga. Reports to Liberty county. Authorizing librarian to sell certain books. Authorizing repairs of hall of House of Representatives. Relative to publication of laws. Relative to unfinished business of Legislature. Relative to unfinished business of Legislature. Relative to unfinished business of Legislature.

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CASUAL DEFICIENCIES IN STATE'S REVENUE, HOW SUPPLIED. No. 6. A Resolution authorizing the Governor to borrow money to supply casual deficiencies. Be it resolved by the House of Representatives, the Senate concurring, That should it become necessary at any time during the years 1909, 1910, or 1911, to supply casual deficiencies in revenue, the Governor shall be, and he is, hereby authorized to borrow on the best terms he can, a sum of money sufficient, not to exceed two hundred thousand dollars, to supply casual deficiencies in such years within the terms of the Constitution, and the money borrowed shall be for the purposes specified and for no other. Governor authorized to borrow money. Approved July 24, 1909. REGISTERED BONDS OF THE STATE, AUTHORITY TO SIGN. No. 5. A Resolution to authorize the Treasurer of this State to sign his name to certain bonds issued by the State. WHEREAS, The holders of certain coupon bonds, in pursuance of law, surrendered them to the late Treasurer of this State, Hon. Robert E. Park, for the purpose of having issued to them registered bonds in lieu thereof, and

Page 1543

WHEREAS, The proposed exchange of registered bonds were signed by the Governor of this State, Hon. Hoke Smith, and by the Secretary of State, Hon. Philip Cook, but were not signed by Hon. Robert E. Park, late Treasurer, who was absent from the State at the time of the preparation of the registered bonds, and who died immediately upon his return to Georgia, and before returning to his office, State treasurer authorized to sign certain bonds. Therefore be it resolved by the General Assembly of Georgia, That Hon. J. Pope Brown, Treasurer of Georgia, the successor of Robert E. Park, be authorized and directed to sign as Treasurer of the State of Georgia the registered bonds issued in lieu of said coupon bonds, as follows: Coupon bond number 1460 of the denomination of $1,000.00, due 1931, issued under Act approved October 23, 1889, registered bond number 355 in lieu thereof; Coupon bond number 1535 of the denomination of $1,000.00, due 1932, issued under Act approved October 23, 1889, registered bond number 356 in lieu thereof; Coupon bond number 1539 of the denomination of $1,000.00, due 1932, issued under Act approved October 23, 1889, registered bond number 357 in lieu thereof; Coupon bond number 1543 of the denomination of $1,000.00, due 1932, issued under Act approved October 23, 1889, registered bond 358 in lieu thereof; Coupon bond number 1581 of the denomination of $1,000.00, due 1932, issued under Act approved October 23, 1889, registered bond 359 in lieu thereof;

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Coupon bonds numbers 92, 113, 122, 130 and 134 of the denominations of $1,000.00 each, due 1915, issued under Act approved December 23, 1884, registered bond number 190 of the denomination of $5,000.00 in lieu thereof; Coupon bonds numbers 216, 217, 218, 1059 and 1215 of the denominations of $1,000.00 each, due 1915, issued under Act approved December 23, 1884, registered bond number 191 of the denomination of $5,000.00 in lieu thereof; Coupon bonds numbers 1216, 1223, 1224, 1240 and 1247, of the denominations of $1,000.00 each, due 1915, issued under Act approved December 23, 1884, registered bond number 192 of the denomination of $5,000.00 in lieu thereof; Coupon bonds numbers 1836, 2061, 2101, 2102 and 2251, of the denomination of $1,000.00 each, due 1915, issued under Act approved December 23, 1884, registered bond number 193 of the denomination of $5,000.00 in lieu thereof; Coupon bonds numbers 2252, 2257, 2303, 2703 and 2741 of the denominations of $1,000.00 each, due 1915, issued under Act approved December 23, 1884, registered bond number 194 of the denomination of $5,000.00 in lieu thereof; Coupon bonds numbers 2914, 2915, 3050, 3051 and 3303 of the denominations of $1,000.00 each, due 1915, issued under Act approved December 23, 1884, registered bond number 195 of the denomination of $5,000.00 in lieu thereof;

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Coupon bond number 3304 of the denomination of $1,000.00, due 1915, issued under Act approved December 23, 1884, registered bond number 756 in lieu thereof; Coupon bond number 3305 of the denomination of $1,000.00, due 1915, issued under Act approved December 23, 1884, registered bond number 757 in lieu thereof; Coupon bond number 3306 of the denomination of $1,000.00, due 1915, issued under Act approved December 23, 1884, registered bond number 758 in lieu thereof; Coupon bond number 3307 of the denomination of $1,000.00, due 1915, issued under Act approved December 23, 1884, registered bond number 759 in lieu thereof; Coupon bonds numbers 176, 177, 178, 179 and 180 of the denomination of $1,000.00 each, due 1918, issued under Act approved October 23, 1889, registered bond number 187, of the denomination of $5,000.00, in lieu thereof; Coupon bonds number 188 of the denomination of $1,000.00, due 1918, issued under Act approved October 23, 1889, registered bond 360 in lieu thereof; Coupon bond number 193 of the denomination of $1,000.00, due 1918, issued under Act approved October 23, 1889, registered bond number 361 in lieu thereof; Coupon bond number 275, of the denomination of $1,000.00, due 1919, issued under Act approved October 23, 1889, registered bond number 362 in lieu thereof; Coupon bond number 345, of the denomination of $1,000.00, due 1920, issued under Act approved October 23, 1889, registered bond number 363 in lieu thereof;

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Coupon bond number 382, of the denomination of $1,000.00, due 1920, issued under Act approved October 23, 1889, registered bond number 364 in lieu thereof; Coupon bond number 386 of the denomination of $1,000.00, due 1920, issued under Act approved October 23, 1889, registered bond number 365 in lieu thereof; Coupon bond number 387, of the denomination of $1,000.00, due 1920, issued under Act approved October 23, 1889, registered bond number 366 in lieu thereof; Coupon bond number 974, of the denomination of $1,000.00, due 1926, issued under Act approved October 23, 1889, registered bond number 367 in lieu thereof; Coupon bond number 985, of the denomination of $1,000.00, due 1926, issued under Act approved October 23, 1889, registered bond number 368 in lieu thereof; Coupon bond number 1074, of the denomination of $1,000.00, due 1927, issued under Act approved October 23, 1889, registered bond number 369 in lieu thereof; Coupon bond number 1075, of the denomination of $1,000.00, due 1927, issued under Act approved October 23, 1889, registered bond number 370 in lieu thereof; There being twenty-seven registered bonds aggregating the amount of $55,000.00, to be signed in lieu of the above described coupon bonds. Approved July 24, 1909.

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TERMINALS OF W. A. R. R. AT CHATTANOOGA. No. 31.. A Resolution directing the purchase of lands near Chattanooga, in the State of Tennessee, for increasing the facilities of the Western Atlantic Railroad, and appropriating the necessary funds therefor. WHEREAS, By an Act approved August 17th, 1908, the Governor was authorized and empowered 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; and WHEREAS, The Governor has, in conformity with said Act, obtained an option from T. C. Latimore for sixty days from June 23rd, in the words following, to-wit: In consideration of two hundred dollars, in cash to me paid, I, T. C. Latimore, of Hamilton county, Tennessee, for myself, heirs, assigns and representatives, hereby grant to the State of Georgia the right to purchase a tract of land belonging to me, hereinatter described, for the period of sixty days from June 23rd, 1909, for the sum of fifteen thousand dollars ($15,000) to be paid in cash upon the acceptance of this option to purchase and the execution and delivery of a deed of conveyance of said land within said time. Governor directed to buy land at Chattanooga for terminals of W. A. railroad. The land is of the following description, to-wit: Located in the 6th civil district of Hamilton county, Tennessee, bounded on the west by the tracks of the

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W. A. R. R. Company; on the south by the lands of C. W. Vinson; on the east by the lands of Miller Bros., and on the north by the Anderson heirs, and contains about thirty (30) acres of land. The said Latimore is to furnish to the State of Georgia, or its representative, an abstract of title to said land upon notice of the acceptance by it of this contract to purchase, and upon its appearing that the title is good he will convey the same to the State of Georgia with the usual covenants, except as to the taxes for 1909, which the grantee is to pay. Should the purchase be made, then the State of Georgia will have a credit for the $200 paid for their option upon the purchase price of $15,000.00. Witness my hand, this 7th day of June, 1909. (Signed) T. C. LATIMORE. Witness to signature of T. C. Latimore: D. B. F. LOWRY, J. W. POUND. AND WHEREAS, The Governor has advised and recommended the purchase of said lands in accordance with the terms and conditions in said option stated, Therefore be it resolved by the House, the Senate concurring, That the Governor be, and he is, hereby directed to buy said tract at the price and on the terms mentioned and take possession thereof, and that the sum of fifteen thousand dollars be, and the same is, hereby appropriated for that purpose. AND WHEREAS, In further conformity with said Act, the Governor has obtained an option on an additional

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tract of forty acres immediately adjoining the above tract of thirty acres, which option was originally made by C. W. Vinson to Frank T. Reynolds and his heirs and assigns, and was afterward, by the said Reynolds, transferred to the State of [Illegible Text] said option being in the words following, to-wit: For and in consideration of $10.00 cash in hand, I, C. W. Vinson, bind [Illegible Text] and heirs and assigns to give Frank T. Reynolds, [Illegible Text] heirs and assigns, a (90) ninety day option on (40) forty acres, more or less, of land situate and lying in the suburbs of the city of Chattanooga, county of Hamilton, and State of Tennessee. Said land lying east of Western Atlantic Railway about one-half mile north of the crossing of the Southern Railway and the Cincinnati Southern and the W. A. Railroad; said land paralleling W. A. Railroad described as the Vinson land in plat (30) of the map of Chattanooga, published in the year 1904 by G. M. Hopkins Company, 302 Walnut street, Philadelphia, Pa. Said land is bounded on the north by a tract of H. L. Wilson et al., on the east by tracts of G. T. White et al. and James W. Reed, trustee, and on the south by Peyer's addition as described in said Hopkins' map. It is further agreed that in case of said Reynolds purchasing said land with this (90) day option, I am to be paid the sum of forty thousand ($40,000.00) cash. Said land is the southeast quarter of the northeast quarter of Section 15. C. W. VINSON. Witness: MRS. JESSIE DURAND.

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And said transfer and assignment being in the words following, to-wit: CHATTANOOGA, TENN., June 8th, 1909. For ten dollars I hereby transfer my right, interest and equity in this option to the Governor of the State of Georgia. (Signed) FRANK T. REYNOLDS. Witness: LELIS ROBERTS. AND WHEREAS, The Governor has submitted to the General Assembly the question of buying said forty acre tract, and has expressed the opinion that it is also advisable to buy the same, Therefore be it resolved, and it is hereby resolved by the House, the Senate concurring, That the Governor be, and he is, hereby directed to buy said tract at the price and on the terms mentioned, and take possession thereof, and that the sum of forty thousand dollars be, and the same is, hereby appropriated for that purpose. Be it further resolved as aforesaid, That before the Governor executes this resolution he cause the title to be investigated, and the result submitted to the Attorney-General, and secure the approval of that officer as to the substantial validity thereof. The expenses of the investigation shall be paid from the contingent fund. AND WHEREAS, Since the assembling of the present session, Mr. E. Watkins, of Chattanooga, has proposed to sell an additional tract of seventeen and one-half acres adjoining the 40-acre tract aforesaid, at and for the price of fourteen thousand dollars, in the words following:

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CHATTANOOGA, TENN., July 26, 1909. HON. HOOPER ALEXANDER, Atlanta, Ga. Dear Sir:Referring to the conversation between you and the associates or your committee and myself, with reference to the purchase by the State of Georgia of seventeen and one-half acres of land owned by me lying in the angle north of the Southern Railway and east of the W. A. R. R., I beg to say that I will accept for said property $14,000 in cash; provided, the same is paid on or before the 20th day of August, 1909, and will convey to the State a good title to said property, freed from all liens and encumbrances, except the lien for taxes for 1909, which the State will assume and agree to pay. I cannot give possession of this property until about the first of December, in view of the fact that I have it leased for a year. If your committee sees fit within the time named to take the property for the price herein stipulated, this letter will bind me to the performance of the agreements herein contained. Yours very truly, E. WATKINS. Be it further resolved, and it is hereby resolved by the House, the Senate concurring, That the Governor be, and he is, hereby directed to buy said tract at the price and on the terms mentioned, and take possession thereof, and that the sum of fourteen thousand dollars is hereby appropriated to that purpose; the direction, however, as to examination of titles hereinbefore given as to said other tracts being made applicable to this one; provided, however, that the Governor shall first examine and approve

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prove the matter and if, in his judgment, it is not to the best interest of the State, he may decline to make the purchase. Approved August 17, 1909. PAYMENT TO SERGEANT-AT-ARMS TO McLENDON COMMITTEE. No. 9. A RESOLUTION. Be it resolved by the House of Representatives of Georgia, the Senate concurring, That the sum of eighty-two dollars and fifty cents ($82.50) be, and the same is, hereby appropriated to be paid to G. K. Vason for his services as Sergeant-at-Arms to the joint committee appointed under the resolution of the General Assembly to investigate into and report the evidence received by it in the matter of the suspension from office of S. G. McLendon, Railroad Commissioner of Georgia, under executive order and reported to the General Assembly by message from the Governor dated June 25th, 1909. Appropriation to pay Sergeant-at-Arms to McLendon committee. Be it further resolved, That the said sum of eighty-two dollars and fifty cents ($82.50) hereby appropriated shall be paid to the said G. K. Vason, or his heirs, out of monies in the treasury not otherwise appropriated under executive warrants based upon vouchers approved by the chairmen of the Senate and House committees appointed under the joint resolution aforesaid, the same having originated in the House and being known as House Resolution 108.

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Be it further resolved, That all laws and parts of laws in conflict with these resolutions, are hereby repealed. Approved August 11, 1909. PAYMENT OF STENOGRAPHERS OF McLENDON COMMITTEE. No. 8. A RESOLUTION. Be it resolved by the House of Representatives of Georgia, the Senate concurring, That the sum of six hundred and twelve dollars and fifty cents ($612.50) be, and the same is, hereby appropriated to be paid to D. O. Smith and S. N. Teitlebaum for their services as stenographers to the joint committee appointed under the resolution of the General Assembly to investigate into and report the evidence received by it in the matter of the suspension from office of S. G. McLendon, Railroad Commissioner of Georgia, under executive order and reported to the General Assembly by message from the Governor dated June 25th, 1909. Appropriation to pay stenographers of McLendon committee. Be it further resolved, That the said sum of six hundred and twelve dollars and fifty cents ($612.50) hereby appropriated, shall be paid to the said D. O. Smith and S. N. Teitlebaum, or their heirs, out of moneys in the treasury not otherwise appropriated, under executive warrants based upon vouchers approved by the chairmen of the Senate and House committees appointed under the joint resolution aforesaid, the same having originated in the House, and being known as House Resolution 108.

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Be it further resolved, That all laws and parts of laws in conflict with these resolutions, are hereby repealed. Approved August 11, 1909. FURNITURE FOR BRIGADE HEADQUARTERS OF THE NATIONAL GUARD. No. 25. A RESOLUTION. WHEREAS, By virtue of the provisions of the Act of the General Assembly of the State of Georgia, approved August 22, 1907, the National Guard of the State of Georgia was reorganized in order to conform to the provisions of the statutes of the United States of America, in such cases made and provided, and under the terms of the Act approved August 22, 1907, aforesaid, it became incumbent upon the Adjutant-General of the State of Georgia to establish brigade headquarters in said State, the same were in fact established in the city of Atlanta, the same being the home of the brigade commander, duly appointed under the provisions of said Act, and Appropriation to furnish brigade headquarters of the National Guard. WHEREAS, In order to properly conduct the business of said brigade commander and of his headquarters, it was necessary to provide said headquarters with certain furnishings, and WHEREAS, There was at that time no appropriation available for the purchase of said furnishings for said headquarters, and

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WHEREAS, Major Jefferson Davis Dunwoody, the Brigade Adjutant-General, did furnish said headquarters out of his private means, expending therefor the sum of ninety-eight and 50/100 dollars ($98.50). Be it therefore resolved, by the General Assembly of the State of Georgia, That the sum of ninety-eight and 50/100 dollars ($98.50) is hereby appropriated out of such funds in the treasury of this State as are not otherwise appropriated, and the Treasurer of this State is hereby authorized to pay said sum to said Jefferson Davis Dunwoody, upon warrant properly drawn therefor, in accordance with the provisions of the law. Be it further resolved, That upon payment therefor, the said furnishings shall become the property of the State of Georgia, to be used in connection with the brigade headquarters of the national guard of this State, and the chief quartermaster of the staff of the brigade commander of said national guard shall become responsible for the same, giving and taking such receipts in connection therewith as are now required under the regulations governing such matters. Approved August 16, 1909. COMMISSION OF THE RECEIVER OF THE NEAL BANK. No. 22. A RESOLUTION. To authorize the Governor to draw his warrant in favor of J. Pope Brown, successor to Robert E. Park, State Treasurer, for the sum of four thousand, eight hundred

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and twelve and 57/100 dollars ($4,812.57), said amount being the commission decreed against the State by Judge W. D. Ellis, of the Superior Court of Fulton county, Georgia, in the case of R. E. Park, Treasurer, versus Receiver of Neal Bank, Atlanta, Georgia, and to authorize the warrant aforesaid to be credited on the books of the treasury department and the Comptroller-General's office as an item of disbursement. WHEREAS, When the Neal Bank of Atlanta, Georgia, failed and went into the hands of a receiver, the State Treasurer had on deposit therein the sum of one hundred, ninety-two thousand, five hundred, two and 90/100 dollars ($192,502.90), belonging to the State, and charged up to the said Treasurer on the books of the Comptroller-General and in the treasury department, and Commission of the receiver of the Neal Bank. WHEREAS, The Treasurer, in order to assert the State's lien upon the assets of the bank, aided by the Attorney-General, intervened before the Superior Court of Fulton county, Georgia, and asked that the receiver of the said Neal Bank be required to pay over to the State Treasurer the said amount. The Chancellor, Judge W. D. Ellis, sustained the State's prior claim and ordered the receiver to pay to the State Treasurer, said sum, less two and one-half per cent. commission, which amount was paid into the State Treasury. WHEREAS, The receiver obeyed said decree, withholding said sum of four thousand, eight hundred, twelve and 57/100 dollars ($4,812.57), allowed as commission. Therefore, to enable the Treasurer to take proper credit for this item, be it resolved, by the General

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Assembly of Georgia, That the Governor be, and he is hereby authorized and required to issue his warrant in favor of J. Pope Brown, successor to Robert E. Park, State Treasurer, for the sum of four thousand, eight hundred, twelve and 57/100 dollars ($4,812.57), said warrant to be allowed him as a credit on the books of the treasury department, and upon those in the office of the Comptroller-General, carrying out the decree of the court allowing the receiver of the said Neal Bank commission on the amount recovered by the State in the case above recited. Approved August 14, 1909. REPORTS OF SUPREME COURT AND OF COURT OF APPEALS. No. 21. A RESOLUTION. To appropriate a sufficient amount of money to meet a deficiency in the amount available to meet the cost of publishing new volumes of Supreme Court and Court of Appeals Reports for the year 1909. WHEREAS, The amount appropriated by the appropriation Act of 1907 for publishing a new volume of Supreme Court and Court of Appeals Reports for the year 1909 will not be sufficient to cover the cost of publishing the same, according to the existing contract: Appropriation to pay for reports of Supreme Court and Court of Appeals. Therefore be it resolved, by the House of Representatives, the Senate concurring, That the sum of thirty-five hundred dollars, or so much thereof as may be necessary,

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be, and the same is, hereby appropriated in addition to the balance now available in the treasury, to meet the cost of publishing Volume 132 of the Georgia Reports, and Volume 6 of the Georgia Appeals Reports, both now in course of preparation, and to be printed during the year 1909. Approved August 14, 1909. JOURNALS OF EXTRA SESSION OF LEGISLATURE IN 1908. No. 23. A RESOLUTION Providing for the payment to Chas P. Byrd, State Printer, the sum of $550.00, and for other purposes. WHEREAS, Chas. P. Byrd, State Printer, was directed by the Commissioners of Public Printing to print and bind five hundred copies, each, of the Senate and House Journals for the extraordinary session of the General Assembly called for the year 1908, and Appropriation to pay for journals of extra session of legislature. WHEREAS, No appropriation was made to pay for the binding of said volumes of the Senate and House Journals; and WHEREAS, The said Chas. P. Byrd did bind and deliver to the State of Georgia five hundred copies, each, of said Senate and House Journals, and the bill rendered by him having been approved by the Commissioners of Public Printing, and there being no money in the treasury of the State of Georgia to pay the said bill; now, therefore,

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Be it resolved, by the House of Representatives, the Senate concurring, That the sum of five hundred and fifty dollars be, and the same is, hereby appropriated for the purpose of paying Chas. P. Byrd, State Printer, for the binding and delivery of five hundred copies, each, of the Senate and House Journals for the extraordinary session of the General Assembly called for the year 1908, and that the Governor be, and he is, hereby authorized to draw his warrant on the Treasurer for said sum. Approved August 14, 1909. PENSION OF MRS. LOTTIE E. COKER. No. 32. A RESOLUTION. WHEREAS, Mrs. Lottie E. Coker, of the county of Fulton, formerly of Elbert county, had been placed on the widows' pension roll of this State, and allowed a pension of sixty dollars ($60.00) as the widow of Jno. W. Coker, a Confederate soldier who enlisted in Company D, 9th Georgia Battalion, and died while in the army in 1862; and that on account of sickness of hereself and in her family she failed to call for and get her pension due her for 1907 paid, and the same is yet due and unpaid, Be it resolved, That the sum of sixty dollars is hereby appropriated out of any money in the State Treasury to pay Mrs. Lottie E. Coker, of Fulton county, her pension for 1907, so due her and unpaid; and that the Governor

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is authorized to draw his warrant on the Treasurer in favor of Mrs. Lottie E. Coker for sixty dollars to pay her pension for 1907. Approved August 17, 1909. PENSION OF E. P. FORD. No. 33. A RESOLUTION. WHEREAS, E. P. Ford, late of Effingham county, died on November, 1906, and, WHEREAS, Said deceased E. P. Ford was at the time of his death drawing a pension of sixty ($60.00) dollars per annum under the existing laws for indigent Confederate soldiers; and, Appropriation to pay pension of E. P. Ford. WHEREAS, Said deceased left a widow, Mrs. Susan P. Ford; and, WHEREAS, At the time of said Ford's death it was too late for said widow to be placed upon the pension rolls of the year 1907; and, WHEREAS, The said Mrs. Susan P. Ford is indigent, aged and infirm, and was placed upon the pension roll in the year 1907, Therefore be it resolved by the House of Representatives, the Senate concurring, That the sum of sixty ($60.00) dollars be paid to the said Mrs. Susan P. Ford, widow of said E. P. Ford, deceased; the Governor is

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hereby authorized to draw his warrant on the Treasurer for the payment of said sum out of any sum in the treasury not otherwise appropriated. Approved August 17, 1909. PENSION OF ARCHIBALD McKINLEY. No. 35. A RESOLUTION. WHEREAS, Archibald McKinley, of McIntosh county, Georgia, on May 25th, 1907, filed his application for a pension as an indigent Confederate soldier, in the office of the Pension Commissioner of the State of Georgia; and, Appropriation to pay pension of Archibald McKinley. WHEREAS, The application needed an additional affidavit, as to the poverty of said applicant, and WHEREAS, Such application was not returned to the Ordinary of McIntosh county until the 30th day of September, 1907, for the purpose of having such additional affidavit attached thereto, and WHEREAS, Under the law, the commissioner of pensions made up his pension roll for the year 1908 on the first day of October, 1907, and WHEREAS, No applications which were not completed and on file by the first day of October, 1907 could be considered by the pension commissioner, or put on the rolls for year 1908, and WHEREAS, solely on account of the fact that said application was not returned to the Ordinary of McIntosh

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county until September 30th, 1907, the said Archibald McKinley was not placed on the pension roll for the year 1908, and WHEREAS, Said application was returned to the pension department completed and in order, after the first day of October, 1907, and the said Archibald McKinley has been placed on the pension roll for the year 1909, and WHEREAS, If the said application had been returned promptly to the Ordinary of McIntosh county for completion it would have been filed in the office of the pension commissioner in completed form long before the first day of October, 1907, and the said Archibald McKinley would have been placed on the pension roll for the year 1908 and would have drawn a pension for the year 1908, now then Be it resolved by the House, the Senate concurring, That the Governor of the State be, and he is, hereby authorized to draw his warrant on the State Treasurer in favor of said Archibald McKinley for the sum of sixty dollars in payment for pension due him for the year 1908, and the said sum of sixty dollars is hereby appropriated for the payment of the same. Approved August 17, 1909. PENSION OF W. H. MORGAN. No. 34. A RESOLUTION. WHEREAS, W. H. Morgan, of Paulding county, Georgia, was, prior to his death, on the indigent pension roll of said State, and county, and

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WHEREAS, Said W. H. Morgan departed this life on the fifth day of October, 1908, after it was too late for his widow to make application for a pension for the year 1909, and WHEREAS, His widow, Mrs. F. E. Morgan is entitled under the laws to be placed upon the pension roll of indigent widows of Confederate veterans, and upon application for that purpose, has been placed upon said roll for the year 1910, by the pension commissioner, the Hon. J. W. Lindsey, Appropriation to pay pension of W. H. Morgan. Therefore be it resolved by the House of Representatives, the Senate concurring, That the Governor of Georgia be, and he is, hereby authorized to draw his warrant on the treasury in favor of said Mrs. F. E. Morgan for the sum of sixty dollars ($60.00) the same being the amount to which she would have been entitled for the year 1909, and that said sum of $60.00 be, and the same is, hereby appropriated for the payment of the same. Approved August 17, 1909. RELIEF OF W. L. WILLIAMSON. No. 28. A RESOLUTION To pay W. L. Williamson one hundred dollars, paid by him on a criminal bond, forfeited in the city court of Jackson, and for other purposes. WHEREAS, W. L. Williamson of the county of Jackson, stood the bond of one Will Barnett, colored, of

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Jackson county in a criminal case pending in the city of Jefferson of said county, wherein said Barnett was charged with a misdemeanor; that said case was triable at the July, 1906, term of said court, and Directing Jackson county to reimburse W. L. Williamson. WHEREAS, At the said term of said court the said Will Barnett, colored, made default on his appearance and the said bond was forfeited, and WHEREAS, The said Williamson, security on said bond paid to the officers of the said city court for the authorities of Jackson county, the amount of said bond, to-wit: the sum of one hundred dollars, as he had obligated to do in said bond in default of the appearance of his principal, and WHEREAS, At great expense to himself, the said W. L. Williamson captured the said Will Barnett, colored, in the State of Florida and had him brought back to Georgia, and the authorities of Jackson county, and WHEREAS, The said Will Barnett, colored, was tried and convicted upon said original charge and is now serving his sentence in said case; Therefore be it resolved by the House of Representatives, the Senate concurring, That the authorities of Jackson county are hereby authorized and directed to repay to the said Williamson said one hundred dollars paid to them upon the forfeiture of said bond. Approved August 16, 1909.

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RELIEF OF CLAUD HANCOCK AND JOHN BRUCE. No. 30. A RESOLUTION For the relief of Claud Hancock and John Bruce. WHEREAS, Claud Hancock and John Bruce did on the 13th day of March, 1907, become bail for the appearance of one Earnest Creighton at the April term, 1907, of the city court of Jefferson in Jackson county, in two cases, which said bonds were forfeited by reason of the non-appearance of said Earnest Creighton at said term of the court, and For relief of Claud Hancock and John Bruce. WHEREAS, Executions issued upon the forfeitures of said bonds for the principal sum of one hundred dollars ($100.00) and costs, each, and WHEREAS, The said Earnest Creighton was afterwards recaptured by the said Claud Hancock, paying the expenses of said recapture and bringing him back from the county of Franklin where he was captured, and the said Earnest Creighton plead guilty in one case and one case was nol prossed, Be it resolved by the House of Representatives, the Senate concurring, That in as much as the purpose for which said bonds were given, was fully accomplished, That the said Claud Hancock and John Bruce be relieved from all liability on said executions issued on said forfeitures; provided, however, that the said Claud Hancock and John Bruce, the said sureties on said bonds shall have first paid all costs in forfeiting said bonds. Approved August 16, 1909.

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UNIFORM VALUATIONS OF PROPERTY FOR TAXATION. No. 20. A RESOLUTION WHEREAS, It is generally recognized and agreed that there is no more urgent need of legislation in this State than of that which shall provide for a fuller and fairer listing of taxable property and for a more equable distribution of the burdens of taxation upon property of every kind and for more uniform valuations of property for the purpose of taxation, be it therefore Committee to report on equalization of taxes. Resolved by the Senate, the House of Representatives concurring: 1. That a joint committee of 3 from the Senate and 5 from the House of Representatives be appointed by the respective presiding officers of the Senate and House to consider and report to this General Assembly a measure or measures to secure a more full return and a fairer valuation of the property in this State subject to taxation. 2. That any bill or measure, proposed either in the Senate or House, having such general purpose in view may be referred to the joint committee on tax returns and valuations above provided for, and that any such bill or measure so referred shall be considered by said committee, and reported upon to the branch of the General Assembly in which it originates. 3. That said committee be further empowered to investigate into and recommend such changes in the tax laws and system of this State as they may deem advisable.

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Provided, That said joint committee may set during the vacation and in the interim between the sessions of the General Assembly, and shall receive their actual traveling expenses in attending the meetings of the committee, and their per diem of four dollars per day, during the time the members are engaged in actual work, such per diem not to cover more than 15 days, the said expenses and per diem to be paid to each member of the committee upon the warrant of the Governor, who shall draw such warrant upon the presentation of a sworn statement by each member of his traveling expenses and the number of days actual service in attending the meetings of the committee. Approved August 14, 1909. CONVICT CAMPS, INSPECTION OF. No. 16. A RESOLUTION To provide for visiting convict camps after the adjournment of the General Assembly. WHEREAS, It is not possible to visit, thoroughly inspect and examine the various convict camps of this State during the session of the General Assembly, and Committees to inspect convict camps. WHEREAS, The penitentiary Act of 1908, made radical changes in the management of the convicts, and WHEREAS, It is essential to both the State and the county authorities that such visits, thorough inspection and examination be made; therefore, be it

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Resolved by the House, the Senate concurring, That the chairman of the House and Senate penitentiary committees appoint, each from his respective committee, sub-committees which said sub-committees shall, during vacation, visit, thoroughly inspect and examine all the convict camps in this State, which have not been visited, inspected and examined during the session of the General Assembly. Resolved, further, That the chairman of the House and Senate penitentiary committees, respectively, shall designate the camps to be visited by each sub-committee, and that a joint inspection by the House and Senate committees is hereby authorized. Resolved, further, That the reports of the sub-committees shall be compiled by the chairman of the Senate and House committees, and made to the next session of the General Assembly. Resolved, further, That the members of said sub-committees receive the same per diem as that received when in attendance upon the General Assembly, to-wit: four dollars per day, and in addition, their actual, necessary expenses; provided, the time of service of said sub-committees shall not exceed 10 days for each committeeman. Approved August 14, 1909. STATE SANITARIUM, INVESTIGATION OF. No. 39. A RESOLUTION. WHEREAS, Charges have been made against the Georgia State Sanitarium, and

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WHEREAS, These charges were of sufficient importance to have our attention called to them through a special message from His Excellency the Governor, who asks a thorough investigation of same, therefore be it Resolved, That a committee of seven from the House be appointed by the Speaker, and four from the Senate be appointed by the President of the Senate to thoroughly investigate said charges and report their findings at the next session of the General Assembly. Committee to investigate State Sanitarium. Resolved, further, That said committee may sit during vacation not more than ten days, and the members shall each receive four dollars per diem and actual necessary expenses to be paid on an itemized statement accompanied by proper vouchers. Resolved, further, that said committee shall have power and authority to summon before it such witnesses as it may deem necessary, and to cause the same to testify and to cause the production of such papers and documents before it as it may deem proper for an investigation, and to this end it is given authority of the court of law. Approved August 16, 1909. COMMITTEE ON THE UNIVERSITY AND ITS BRANCHES, VISIT OF. No. 7. A RESOLUTION. WHEREAS, The University of Georgia and all its branches will be in vacation during the entire session of the legislature, therefore be it

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Resolved by the House, the Senate concurring, That the joint committee of the House and Senate on the University and its branches be authorized to visit these institutions during the interim of the regular sessions of this body. Committee to visit State University and branches. Resolved, further, That all members of the committees visiting said institutions be paid for their actual expenses and their per diem for six days, or for the number of days engaged in this work not exceeding in all six days. Approved July 29, 1909. SCHOOL FOR THE DEAF, VISITING COMMITTEE. No. 26. A RESOLUTION. Be it resolved by the House of Representatives, the Senate concurring, That the committee on Georgia School for the Deaf, be permitted and authorized to make the visit of inspection to said institution during the interim between the sessions of 1909 and 1910, and that the members of said committee be allowed their expenses and per diem, not to exceed four days. Committee to visit school for the deaf. Approved August 16, 1909.

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ACADEMY FOR THE BLIND, VISITING COMMITTEE. No. 19. A RESOLUTION To provide for the meeting of the committees on the Academy for the Blind, of the Senate and House of Representatives, for the purpose of visiting and inspecting the academy, while the General Assembly is not in session. Committee to visit Academy for the blind. SECTION 1. WHEREAS, It is impractical for the committees on the Academy for the Blind, of the Senate and House of Representatives to visit the Academy during the present session, on account of the amount of important business before the General Assembly demanding their attention, and because this institution is now in vacation. Therefore be it resolved by the House of Representatives and the Senate concurring, That the committees on the Academy for the Blind of the Senate and House of Representatives, be, and they are, hereby authorized and directed to meet in vacation in joint sessions for the purpose of visiting and inspecting the Academy for the Blind, while the Academy is in session, which they may do in a body. SEC. 2. Be it further resolved, That the members of said committees shall receive their regular per diem while thus engaged, not to exceed three days, and their actual expenses, to be paid upon presentation of an itemized statement of the same to the treasurer. Approved August 14, 1909.

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JUDICIAL CIRCUITS, REARRANGEMENT. No. 10. A RESOLUTION. Resolved by the Senate, the House concurring, That a committee of five (5), two from the Senate and three from the House be appointed by the president of the Senate and the Speaker of the House of Representatives to look into the advisability of changing and rearranging the judicial circuits of Georgia, and said committee is hereby requested to report at the opening of the next session of this General Assembly. Committee to rearrange judicial circuits. Approved August 13, 1909. JUDICIAL CIRCUITS, REARRANGEMENT OF. No. 17. A RESOLUTION. Resolved by the House of Representatives, the Senate concurring, That the joint committee of the House and Senate, appointed under joint Senate Resolution No. 10 for enquiring into a rearrangement of the judicial circuits of this State with instructions to report at the opening of the next session of the General Assembly be, and the same is, hereby authorized to sit for not more than ten days for the investigation of the matter submitted, at such time and place as may be determined by the chairman of the committee and that said committee receive as members of the House and Senate their regular per diem of four dollars per day and their actual

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traveling expenses to be paid on an itemized account thereof, approved by the chairman of said committee. Committee to rearrange judicial circuits. Approved August 14, 1909. GENERAL JAMES EDWARD OGLETHORPE, INSCRIPTION ON MONUMENT. No. 3. A RESOLUTION. WHEREAS, The General Assembly of the State of Georgia by resolution approved the 20th day of August A. D. 1906, did appropriate the sum of fifteen thousand dollars for the purpose of erecting a memorial or monument to General Oglethorpe in the city of Savannah and by said resolution provided for an inscription upon the same, and WHEREAS, The municipality of the city of Savannah has supplemented said State appropriation by likewise appropriating from its treasury the sum of fifteen thousand dollars for that purpose, and certain patriotic societies of said city, including the Society of the Colonial Dames, the Daughters of the Revolution, the Sons of the Revolution, the Oglethorpe Monument Asoociation, and others, as well as various individual citizens, have raised, by subscription or otherwise, an additional sum of approximately ten thousand dollars for said memorial, Inscription on monument to General James Edward Oglethorpe. Be it resolved by the House of Representatives, the Senate concurring, that the inscription as provided by said resolution of August 20th, A. D., 1906, to be placed

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upon said monument be, and the same is, hereby amended so as to read as follows, to-wit: Erected by the State of Georgia and the city and patriotic societies of Savannah, to the memory of the great soldier, eminent statesman and famous philanthropist, General James Edward Oglethorpe, who, in this city on the 12th day of February, A. D., 1733, founded and established the colony of Georgia. Be it further resolved, That the Governor of this State be, and he is, hereby requested to cause the attendance of the military forces of this State to participate in the ceremonies attending the unveiling of said monument, when the same shall take place, and to invite the attendance and participation of the executives and military forces of our neighboring sister States, the States of South Carolina and Florida, whose early history is closely interwoven with our own, and between which the colony founded by Oglethorpe was designed to serve as a military barrier, and the States of Alabama and Mississippi, whose domains formed a part of the original territory of the colony of Georgia. Unveiling monument. Be it further resolved by the authority aforesaid, That all laws and parts of laws in conflict with this resolution be, and the same are, hereby repealed. Approved July 20, 1909.

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COTTON PLANT, IMPROVEMENT OF. No. 4. A RESOLUTION. Be it resolved by the General Assembly of the State of Georgia, That his Excellency the Governor is hereby authorized and directed to communicate with Mr. Luther Burbank of Santa Rosa, California, to request him to include the cotton plant in his experiments at his nurseries in California, with a view to the improvement of the same. Experiment for improvement of cotton plant. Approved July 20, 1909. COTTON IN WAREHOUSES, COTTON GOODS, ETC., INFORMATION CONCERNING. No. 2. A RESOLUTION. WHEREAS, The agricultural department of the United States is gathering information regarding the production of cotton in the cotton-growing States and making report on the prospective crop and obtaining information of the number of bales of cotton ginned in the South and is furnishing this information to the public at various times during the year, and Information concerning amount of cotton in warehouses and manufactured cotton goods. WHEREAS, Such information puts the consumers of cotton in an advantageous position in the matter of purchasing the same, and WHEREAS, There is no information gathered and furnished to the public by the department regarding the

Page 1576

stocks of cotton on hand in the warehouses and manufacturing establishments, and the amount of manufactured goods on hand and the amount of sales, and WHEREAS, Such information would be of value to the producers of cotton and would place them on an equal footing with the buyers, Be it resolved by the House of Representatives and the Senate concurring, That the Senators from Georgia, and the members of Congress from said State be requested to use their vote and influence in support of bills that will require the agricultural department to gather information in regard to the amount of cotton in warehouses, and in the hands of manufacturers, and the amount of manufactured goods on hand, and the amount of manufactured goods contracted for, and to furnish that information to the public. Be it further resolved, That copies of this resolution be furnished the Senators and the Congressmen from Georgia. Approved July 20, 1909. CONSULAR SERVICE OF THE U. S. AND THE SOUTH'S PROPORTION. No. 1. A RESOLUTION In relation to the Consular Service of the United States. WHEREAS, The recent utterances of President Taft to wipe out the feeling that the central government at Washington is a government alien to the Southland,

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has inspired our people with a confident hope that their Section will no longer be treated as a conquered province. They accept these cordial expressions of the President as manifestations of real kindliness of heart, and a fervent resolve on his part to adhere to the moral precept he that ruleth over men must be just. In order that no grounds for such feeling may longer exist, the Senate and House of Representatives of the State of Georgia, submits to the President and Secretary of State the following as worthy of thoughtful reflections: The South's representation in consular service of the United States. First. The cotton production of the South has for more than forty years been potent in giving to this country the balance of trade, being the greatest export money crop of the United States, while the cotton mill industry of the South will unparalleled growth, bids fair to consume, at no distant day, the bulk of the cotton crop. Second. That for political considerations the President is not expected to appoint Southern Democrats to fill the higher positions of envoys extraordinary and the ministers plenipotentiary to foreign nations, but the appointment of consuls to reside in a foreign country as the representatives of this country's commercial interests, is not political and these it would seem should be selected without regard to political affiliations, and that we as a matter of right are entitled to just and equal representation in the appointment of these officers. Third. It stands to reason that consuls selected from the South, would feel a keener interest in Southern commerce in extending her markets for cotton and cotton goods into foreign countries thereby enhancing home prices, than if chosen from States having their own

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local interests to subserve and who are strangers to our burdens. Fourth. That the present consular service of the United States as corrected and published on June 9th, 1909, by the department of State shows a very great discrimination against the South and especially the cotton growing States in the appointment of these commercial agents, as for instance, forty-five appointments appear from the single State of Ohio, ninety-seven from the State of New York, while the combined cotton States, Georgia, Alabama, Texas, South Carolina, North Carolina, Louisiana, Arkansas and Mississippi have only forty-two, and of these none are sent to China, Japan or other countries where the prospects of our cotton and cotton goods are of the most inviting character. The cotton States appeal to the President and Secretary of State in so far as may be in their power to correct this discrimination in order that more consuls may be selected from our midst and a greater demand for the cotton output created. Resolved, therefore, That the Governor of this State be requested to sign and certify this resolution and statement of facts and forward the same to President W. H. Taft and Secretary of State, P. C. Knox. Approved July 19, 1909.

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RETIRED ROLL OF THE NATIONAL GUARD OF GEORGIA. No. 12. A RESOLUTION. WHEREAS, The organized militia of the several States has been recently reorganized as national troops in that they have been made the first reserve of the regular army, therefore be it Retired roll of the National Guard of Georgia. Resolved, That officers and enlisted men of the national guard of this State are permitted to count service performed in the national guard of other States towards retirement in this State, and Resolved, further, That any former officer or enlisted man of the national guard of Georgia, who would be rendered eligible to retire under these provisions, may be placed upon the retired role, provided he shall correctly file with the adjutant-general of the State his application for such retirement within 60 days from the date of the approval of this resolution. Approved August 13, 1909. GEORGIA REPORTS FOR COUNTY OF LIBERTY. No. 15. A RESOLUTION To furnsh to the county of Liberty, for the use of the Ordinary, such volumes of the Georgia reports as are missing or mutilated, so as to complete the set in the Ordinary's office.

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Resolved by the House, the Senate concurring, That the State Librarian is hereby authorized and directed to furnish to the county of Liberty, for the use of the Ordinary of said county, such volumes of the Georgia reports as were never received, to-wit: Volumes one to twenty-nine. Georgia reports for Liberty county. Approved August 14, 1909. SALE OF BOOKS BY LIBRARIAN. No. 14. A RESOLUTION. WHEREAS, There is a large number of Codes, Reports, Acts of the General Assembly, and other volumes in the possession of the State Library remaining unsold, and WHEREAS, It is to the interest of the State that such books be sold, therefore be it resolved by the General Assembly of Georgia, That the State Librarian be empowered to offer and allow a 10% discount to all regular book dealers and publishers within this State buying from the State Library provided that wrapping and shipping are not required. Sale of books by librarian. Approved August 14, 1909.

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REPAIRS OF HALL OF HOUSE OF REPRESENTATIVES. No. 27. A RESOLUTION. WHEREAS, The walls of the Hall of the House of Representatives are in an unsightly and dilapidated condition, not in keeping with other parts of the Capitol building, Be it resolved, That the Governor is hereby authorized and directed to have the interior of the Hall of the House of Representatives refinished in keeping with the original interior finish of said hall, renew the window shades, restore broken glasses, etc., before the next meeting of the General Assembly, and he is authorized to pay the expense of such refinishing, etc., out of the appropriations for public building fund. Hall of house of representatives, repairs of. Be it further resolved, That the Governor is authorized also to have the interior of the Senate chamber in like manner refinished, and the window shades renewed and all needful repairs made therein; also to recarpet the floor of said Senate chamber and the rooms appurtenant thereto in a manner substantially similar to the original carpeting upon said floors. The expense of all such work and the material therefor to be paid as above designated. Be it further enacted, That if necessary the Governor shall draw upon any other money in the treasury not otherwise appropriated to pay any part of the expense of the repairs and furnishings herein provided; provided the public building fund is insufficient. Approved August 16, 1909.

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PUBLICATION OF LAWS. No. 13. A RESOLUTION. WHEREAS, There is usually great delay in the publication and delivery of the laws enacted by the General Assembly, and WHEREAS, Such delay is dangerous to the citizens of this State. Publication of laws. Therefore be it resolved, That those in charge of the publication and distribution of Georgia laws be, and they are hereby requested to have the same ready for distribution within 60 days from the adjournment of the General Assembly. Approved August 13, 1909. UNFINISHED BUSINESS OF SESSION OF LEGISLATURE. No. 18. 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 their official signatures to all bills and resolutions passed previous to

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said adjournment and that they be allowed their per diem for said time. 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 Senate enrollmen committee and ten members of the House enrollment committee, to be designated by the chairman thereof, and the chairman and four members of the House engrossing 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 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 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 August 14, 1909.

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UNFINISHED BUSINESS OF LEGISLATURE. No. 24. A RESOLUTION. Resolved, By the House of Representatives, the Senate concurring, That Jno. T. Boifeuillet, clerk of the House, and C. S. Northen, Secretary of the Senate, be instructed to prepare, publish and mail to each member of the General Assembly a statement showing the unfinished business of this session at the time of adjournment, and the status of each pending bill and resolution. Unfinished business of legislature. Approved August 14, 1909. UNFINISHED BUSINESS OF LEGISLATURE. No. 11. Resolved by the Senate, the House concurring, That all bills, resolutions, etc., on the calendar and undisposed of at the adjournment of the present session of the General Assembly go over until the next regular session, to convene in 1910, as unfinished business of the present session. Unfinished business of legislature. Approved August 13, 1909. ERRATA. On page 165 in next to the last line, the comma should be stricken after the figures 4659 and a dash inserted, and after the figures 4678 the comma should be stricken and a dash inserted. On page 167 in the fourth line of Section 4, between the word mortgage and the words of trust the letters ord appear in the enrolled or signed copy of Act on file in the office of the Secretary of State.

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INDEX. A ABBEVILLE, CITY COURT OF Act creating amended 194 Act creating amended 197 ACADEMY FOR THE BLIND Committee to visit 1571 ADAIRSVILLE Public school system 488 ALAMO, TOWN OF Incorporated 198 AGRICULTURAL AND INDUSTRIAL SCHOOLS Appropriation for 33 ANTI-TOXINE Distribution of 32 APPROPRIATIONS For expenses of government and State institutions 8 Near beer tax for general purposes 29 For State Board of Entomology 30 For negro reformatory 31 For State Board of Health 32 For Agricultural and Industrial Schools 33 For payment of pensions 34 To buy terminals for W. A. R. R. 1547 To pay sergeant-at-arms to McLendon Committee 1552 To pay stenographer to McLendon Committee 1553 For National Guard of Georgia 1554 To pay receiver of Neal Bank 1555 For reports of Supreme Court and Court of Appeals 1557

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For journals of extra session of Legislature 1558 To pay pension of Mrs. Lottie E. Coker 1559 To pay pension of E. P. Ford 1560 To pay pension of Archibald McKinley 1561 To pay pension of W. H. Morgan 1562 ARBITRATION Of tax returns 81 ARCADE, TOWN OF Incorporated 505 ATHENS Public hospital established 539 ATLANTA Corporate limits extended 534 Charter amended 545 Charter amended 551 ATLANTA JUDICIAL CIRCUIT Additional judge 91 ATTORNEY-GENERAL Salary for stenographer of 144 AUGUSTA Constitutional amendment for benefit of 77 Charter amended 554 River and canal commission 556 AUSTELL Charter amended 558 AVALON, TOWN OF Incorporated 562 B BARNESVILLE City court of abolished 200 BARTOW COUNTY Speed of automobiles, etc. 373

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BAXLEY, CITY COURT OF Act creating amended 201 Act creating amended 203 BENEVOLENT ORGANIZATIONS Protection of names and emblems 139 BIBB COUNTY Public libraries 376 Payment of counsel fees 377 BLAIRSVILLE Charter amended 565 BLAKELY Dispensary abolished 564 BOARD OF DENTAL EXAMINERS Act creating amended 116 BOARD OF HEALTH Appropriation for 32 Distribution of anti-toxine 130 BOARD OF OSTEOPATHIC EXAMINERS Created 123 BOLD SPRINGS, TOWN OF Instead of Williamsville 1510 BONDS OF STATE Tax for payment 75 BOND COMMISSIONER State Treasurer, ex-officio 145 BRINSON Charter amended 568 BROWNWOOD Charter amended 569 BRUNSWICK Charter amended 571 BRUNSWICK, JUDICIAL CIRCUIT Divided 94

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BRUCE, JOHN For relief of 1565 C CADWELL Charter amended 579 CAIRO Charter amended 585 CALHOUN Charter amended 580 Charter amended 581 Charter amended 582 Charter amended 584 Charter amended 584 CALHOUN COUNTY, CITY COURT OF Act creating amended 205 CARROLLTON, CITY COURT OF, Act creating amended 206 CHARITABLE ORGANIZATIONS Protection of names and emblems 139 CHATHAM SUPERIOR COURT Terms of 98 CHATHAM COUNTY Police force 378 CHIPLEY State depository in 82 Charter amended 591 CLARKESVILLE Charter amended 595 CLAYTON Town of, charter repealed 648 City of, incorporated 600

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CODE AMENDMENTS Vol. 1, Section 936, arbitration of tax returns 81 Vol. 1, Section 982, State depository in Chipley 82 Vol. 1, Section 982, State depository in Colquitt 83 Vol. 1, Section 982, State depository in Guyton 84 Vol. 1, Section 982, State depository in Homerville 85 Vol. 1, Section 982, State depository in Jasper 86 Vol. 1, Section 982, State depository in Summerville 86 Vol. 2, Section 2059, License of fire insurance companies 87 Vol. 3, Section 342, Weapons at public gatherings 90 CODE OF GEORGIA Revised by John L. Hopkins 111 COFFEE COUNTY A commissioner of roads and revenues 382 Board of commissioners abolished 386 COLLINS Charter amended 649 Charter amended 652 COLQUITT State depository in 83 COLUMBUS, CITY COURT OF Act creating amended 209 COLQUITT COUNTY Road commissioners and districts 387 COMMERCE City of, incorporated 655 COMMITTEE To equalize taxation 1566 To inspect convict camps 1567 To investigate State Sanitarium 1568 To visit university and its branches 1569 To visit school for the deaf 1570 To visit academy for the blind 1571 To rearrange the judicial circuits 1572 To rearrange the judicial circuits 1572

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COMMON CARRIERS Fees of in cities 182 Passes to former employees 163 CONSTITUTION Amendment allowing Augusta to increase its debt 77 CONSULAR SERVICE OF U. S. Resolutions relative to 1576 CONVICTS OF MUNICIPAL COURTS Forms for 185 CONVICT CAMPS Inspection of 1567 CORPORATION CLERK Duties and compensation 143 COTTON PLANT Improvement of 1575 COTTON, ETC. Resolutions relative to 1575 COUNTY LINES Within municipalities 152 COUNTY POLICE Election and maintenance of 156 COUNTY SCHOOL COMMISSIONERS Election of 154 COURTS, CITY AND COUNTY Abbeville, city court of, Act creating amended 194 Abbeville, city court of, Act creating amended 197 Barnesville, city court of abolished 200 Baxley, city court of, Act creating amended 201 Baxley, city court of, Act creating amended 203 Calhoun county, city court of, Act creating amended 205 Carrollton, city court of, Act creating amended 206 Columbus, city court of, Ace creating amended 209 Dalton, city court of, abolished 211 Danielsville, city court of, repeal of Act creating 214

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Dawson, city court of, Act creating amended 219 Dawson, city court of, repeal of Act creating 216 Dublin, city court of, Act creating amended 220 Eastman, city court of, Act creating amended 224 Fitzgerald, city court of, Act creating amended 228 Hall county, city court of, Act creating amended 233 Hamilton, city court of, abolished 235 Hazlehurst, city court of established 236 LaGrange, city court of, Act creating amended 255 Leesburg, city court of, Act creating amended 258 Lumpkin, city court of established 260 Miller county, city court of, Act creating amended 273 Moultrie, city court of, Act creating amended 279 Mount Vernon, city court of abolished 279 Nashville, city court of, Act creating amended 281 Ocilla, city court of established 285 Quitman, city court of, Act creating amended 309 Sparta, city court of, Act creating amended 313 St. Mary's, city court of, Act creating amended 316 Statesboro, city court of, Act creating amended 319 Sylvania, city court of, Act creating amended 322 Sylvester, city court of, Act creating amended 329 Thomasville, city court of, Act creating amended 331 Tifton, city court of, Act creating amended 332 Vienna, city court of, Act creating amended 335 Wrightsville, city court of, Act creating amended 336 Zebulon, city court of established 342 Irwin county, county court of abolished 366 Jeff Davis county, county court of abolished 367 Pike county, county court of abolished 369 Stewart county, county court of abolished 370 COURTS, SUPERIOR Atlanta circuit, additional judge 91 Waycross judicial circuit created 94 In counties having six terms 97 Of Chatham county 98 Of Dodge county, terms of 99 Of Douglas county, terms of 100 Of Greene county, terms of 101 Of Hancock county, terms of 102 Of Liberty county, terms of 103

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Of Montgomery county, terms of 104 Of Pickens county, terms of 105 Of Richmond county, terms of 106 Of Tatnall county, terms of 107 D DALLAS Public school system 709 DALTON Charter amended 718 DALTON City court of abolished 211 DANIELSVILLE, CITY COURT OF Repeal of Act creating 214 DARIEN Public school system 721 New charter 727 DAWSON New charter 731 DAWSON, CITY COURT OF Repeal of Act creating 216 Act creating amended 219 DECATUR New charter 757 DEFAMATION Of a virtuous female penalized 189 DEMOREST Charter amended 815 DENTAL EXAMINERS, BOARD OF Act creating amended 116 DODGE SUPERIOR COURT Terms of 99

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DOOLY COUNTY Public roads in municipalities, how worked 389 Commissioners, election of 390 DOUGLAS COUNTY Bonds of commissioners 392 DOUGLAS SUPERIOR COURT Terms of 100 DRAINAGE In certain counties 178 DUBLIN Charter amended 820 DUBLIN, CITY COURT OF Act creating amended 220 E EASTMAN Charter amended 828 EASTMAN, CITY COURT OF Act creating amended 224 EAST THOMASTON Village of, charter repealed 834 Village of, incorporated 835 EDISON Charter amended 843 ELLIJAY City of, incorporated 844 ELECTRIC COMPANIES Consolidation with like companies 163 ENTOMOLOGY, BOARD OF Appropriation for 30 ETON, TOWN OF New charter 878

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F FAIRBURN, TOWN OF Charter amended 889 FIRE INSURANCE COMPANIES License tax 87 FITZGERALD, CITY COURT OF Act creating amended 228 FIVE FORKS, TOWN OF Name changed, charter amended 895 FOREIGN INSURANCE COMPANIES Forfeiture of licenses 147 FORSYTH, CITY OF Charter amended 897 FORT VALLEY, CITY OF Charter amended 900 FRATERNAL ORGANIZATIONS Protection of names and emblems 139 FRY, TOWN OF Incorporated 903 G GEORGIA DAY Observance by public schools 190 GILLSVILLE, TOWN OF Charter amended 909 GLASCOCK COUNTY Warrants on treasury 393 GLENNVILLE, CITY OF Charter amended 919 GLYNN COUNTY Bonds for roads and bridges 395

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GORDON COUNTY Compensation of commissioners 397 GOVERNOR Authorized to borrow money 1542 GRANTS TO LAND UNDER HEAD RIGHTS Laws authorizing repealed 115 GRANTVILLE, TOWN OF Charter amended 923 GREEN SUPERIOR COURT Terms of 101 GREENVILLE, CITY OF Charter amended 927 GRIFFIN, CITY OF Charter amended 932 Charter amended 933 Charter amended 934 GROVANIA, TOWN OF Incorporated 953 GROVETOWN, TOWN OF New charter 936 H HALL COUNTY, BOARD OF COMMISSIONERS Act creating amended 398 HALL COUNTY, CITY COURT OF Act creating amended 233 HAMILTON, CITY COURT OF Abolished 235 HANCOCK COUNTY Transferred to Ocmulgee Circuit 102 HANCOCK, CLAUDE For relief of 1565

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HAZLEHURST, CITY COURT OF Established 236 HARMONY GROVE Charter repealed 961 HEAD-RIGHTS Laws authorizing grants repealed 115 HEALTH, BOARD OF Distribution of anti-toxine, etc. 130 HEARD COUNTY Special road law repealed 405 HELENA, CITY OF Public school system 962 HIRAM, TOWN OF Public school system 968 HOMERVILLE State depository in 85 HOUSE OF REPRESENTATIVES Repairs of hall 1581 I INSURANCE COMPANIES, FOREIGN Forfeiture of licenses 147 INSURANCE COMPANIES, MUTUAL AID Assets, etc. 169 IRWIN COUNTY Board of commissioners created 406 IRWIN COUNTY, COUNTY COURT OF Abolished 366 J JACKSON, CITY OF Corporate limits extended 973

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JASPER State depository in 86 JEFF DAVIS COUNTY, COUNTY COURT OF Abolished 367 JEFFERSON, CITY OF Charter amended 974 JEFFERSONVILLE, CITY OF New charter 977 JOHNSON COUNTY Board of commissioners abolished 412 Administration of county affairs 413 Sale of near beer, etc., prohibited 418 JUDICIAL CIRCUITS Salary of stenographers of 172 JUDICIAL CIRCUITS Rearrangement of 1572 Rearrangement of 1572 JUSTICES OF THE PEACE Fees of in cities 175 L LA FAYETTE, CITY OF Charter amended 1003 LA GRANGE, CITY COURT OF Act creating amended 255 LAURENS COUNTY Road laws 420 LAUNDRYMEN Liens in favor of 151 LAWRENCEVILLE, CITY OF Charter amended 1016 Corporate limits extended 1018 LAWS Publication of 1582

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LEESBURG, CITY COURT OF Act creating amended 258 LEGISLATURE Unfinished business of 1582 Unfinished business of 1584 Unfinished business of 1584 LIBERTY SUPERIOR COURT Terms of 103 LIBERTY COUNTY Georgia reports for 1579 LIBRARIAN Exchange of State documents 141 Sale of books 1580 Georgia reports for Liberty county 1579 Second assistant for 143 LITHONIA, TOWN OF Charter amended 1019 LIVE STOCK Protection of 131 LOGANSVILLE, TOWN OF Charter amended 1021 LUMBER CITY, TOWN OF New charter 1024 Public school system 1065 LUMPKIN Town of, made city 1066 LUMPKIN, CITY COURT OF Established 260 M MACON Charter amended 1067 Charter amended 1069 MADISON COUNTY Board of commissioners created 425

Page 1599

MANCHESTER City of incorporated 1071 MARIETTA Charter amended 1099 Charter amended 1101 MARTIN, TOWN OF Public school system 1103 Corporate limits extended 1108 MAYSVILLE New charter 1110 McDONOUGH Charter amended 1144 McINTOSH COUNTY Bonds for roads and bridges 434 McRAE New charter 1149 MILLER COUNTY, CITY COURT OF Act creating amended 273 MILLEDGEVILLE Charter amended 1181 MILLWOOD Charter repealed 1182 MITCHELL COUNTY Slaughtering cattle, etc. 436 MITCHELL'S DISTRICT, TOWN OF Incorporated 1183 MONROE Charter amended 1194 MONTGOMERY SUPERIOR COURT Terms of 104 MOUNT VERNON, CITY COURT OF Abolished 279 MOULTRIE Charter amended 1197

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MOULTRIE, CITY COURT OF Act creating amended 279 MUNICIPAL FARMS For misdemeanor convicts 185 MUTUAL AND INSURANCE COMPANIES Assets of 169 N NAMES AND EMBLEMS OF BENEVOLENT ASSOCIATIONS Protected 139 NASHVILLE, CITY COURT OF Act creating amended 281 NATIONAL GUARD OF GEORGIA Retired roll of 1579 Headquarters of Brigade 1554 NEAR BEER TAX Appropriation of 29 NEGRO REFORMATORY Appropriation for 31 NEWNAN, CITY OF Charter amended 1199 O OAKLAND CITY Charter repealed 1201 OCILLA Corporate limits extended 1202 OCILLA, CITY COURT OF Established 285 OGLETHORPE, GENL. JAMES EDWARD Monument to 1573

Page 1601

ORDINARIES Compensation for services to pensioners 173 OSTEOPATHIC EXAMINERS Board created 123 P PALMETTO Charter amended 1203 Charter amended 1211 PATTEN Corporate limits extended 1213 PENSIONS Appropriation for 34 PEPPERTON Charter amended 1214 PICKENS SUPERIOR COURT Terms of 105 PIEDMONT Charter repealed 1213 PIKE COUNTY, COUNTY COURT OF Abolished 369 POULAN, CITY OF Charter amended 1215 PUBLIC PRINTING How let 113 PUTNAM COUNTY Board of commissioners abolished 437 A commissioner of roads and revenues 438 Q QUITMAN, CITY COURT OF Act creating amended 309

Page 1602

R RABUN COUNTY Fishing in Little Tennessee River 443 RAILROADS Liability of to employees 160 Passes to former employees 163 Rome Northern to cross W. A. 1536 RAILROADS, ELECTRIC Control of like companies 163 RAILROADS, STREET Passes to municipal employees 168 RAYS MILLS, CITY OF Incorporated 1215 RICHMOND SUPERIOR COURT Terms of 106 ROCHELLE New charter 1235 ROCKMART Charter amended 1253 ROME New charter 1255 ROME NORTHERN RAILROAD To cross W. A. 1536 ROSWELL Charter Amended 1343 RUTLEDGE New Charter 1345 S SANITATION Prescribed by counties 135

Page 1603

SANITARY FOR TUBERCULAR PATIENTS By municipalities 137 SCHOOLS, PUBLIC Local taxation for 159 SCHOOL BUILDINGS Local taxation for 181 SCHOOLS, PUBLIC Observance of Georgia Day 190 SCHOOL FOR THE DEAF Committee to visit 1570 SHELLMAN Charter amended 1358 Sale of Near-beer, etc., prohibited 1363 SPALDING COUNTY Removal of sand from roads of 445 SPARKS Charter amended 1364 SPARTA, CITY COURT OF Act creating amended 313 SPRINGFIELD Effingham Academy 1365 STATE DOCUMENTS Exchange for those of other States 141 STATE LIBRARIAN Second assistant for 143 Sale of books 1580 Georgia reports for Liberty county 1579 STATE PRINTING How let 113 STATESBORO, CITY COURT OF Act creating amended 319 STATE TREASURER Ex-officio, bond commissioner 145 Authorized to sign bonds 1542

Page 1604

STATE SANITORIUM Investigation of 1568 STENOGRAPHERS OF JUDICIAL CIRCUITS Salary of 172 STEPHENS COUNTY Compensation of Ordinary 444 STEWART COUNTY, BOARD OF COMMISSIONERS Act creating amended 447 STEWART COUNTY Compensation of officers of court 446 STEWART COUNTY, COUNTY COURT OF Abolished 370 ST. MARY'S CITY COURT OF Act creating amended 316 STOCK LAW FENCES Legalized 158 STREET CARS Passes for municipal employees 168 SUMMERVILLE State depository in 86 Town of, made city 1366 SUMMERVILLE, VILLAGE OF Corporate limits extended 1380 SUPERSEDEAS In municipal and county courts 148 SWORDS, TOWN OF Incorporated 1382 SYLVANIA, CITY COURT OF Act creating amended 322 SYLVANIA New charter 1390

Page 1605

SYLVESTER Charter amended 1420 Charter amended 1421 Charter amended 1422 SYLVESTER, CITY COURT OF Act creating amended 329 T TATTNAL COUNTY Transferred to Atlantic circuit 107 TAX For support of the Government 36 For payment of bonds 75 TAX CLERK, EX-OFFICIO Corporation clerk 143 TAX RETURNS Arbitration of 81 TAXATION, LOCAL For public schools 159 For school buildings 181 TAXATION Equalization of 1566 TELFAIR COUNTY Board of commissioners abolished 451 A commissioner of roads and revenues 451 Sale of Near-beer, etc., prohibited 457 TENNILLE, MAYOR'S COURT OF Established 1434 TENNGA New charter 1423 THOMAS COUNTY Slaughtering Cattle, etc. 436 THOMASVILLE Charter amended 1436

Page 1606

THOMASVILLE, CITY COURT OF Act creating amended 331 TIFTON Charter amended 1437 TIFTON, CITY COURT OF Act creating amended 332 TOCCOA Charter amended 1443 Charter amended 1450 TOOMBS COUNTY Roads and bridges 458 TOOMBS SUPERIOR COURT Terms of 108 TRADING STAMPS Use of prohibited 153 TREASURY Casual Deficiencies 1542 TUBERCULOSIS Municipal sanitariums for 137 TURNER COUNTY Board of commissionersvice chairman 470 TY TY Charter amended 1452 U UNADILLA Charter amended 1453 UNIVERSITY Committee to visit 1569

Page 1607

V VIENNA, CITY COURT OF Act creating amended 335 W W A RAILROAD Crossed by Rome Northern 1536 Terminals of at Chattanooga 1547 WADLEY Charter amended 1454 WALTON COUNTY Drainage 474 WARE COUNTY Bonds of for roads, etc. 471 Sale of Near-beer, etc., prohibited 473 WARESBORO SCHOOL DISTRICT Abolished 1455 WAYCROSS New charter 1456 WAYCROSS JUDICIAL CIRCUIT Created 94 WAYNESBORO Charter amended 1507 WEAPONS At public gatherings prohibited 90 WEBSTER COUNTY, BOARD OF COMMISSIONERS Act creating amended 478 WILKINSON COUNTY Board of commissioners abolished 479 Board of commissioners created 480 WILLIAMSVILLE Name changed to Bold Springs 1510

Page 1608

WILLIAMSON, W. L. For relief of 1563 WOODBURY SCHOOL DISTRICT Abolished 1511 WOOLSEY Charter amended 1513 WRENS Charter amended 1515 WRIGHTSVILLE Charter amended 1520 Public school system abolished 1524 WRIGHTSVILLE, CITY COURT OF Act creating amended 336 Y YONKER Charter repealed 1525 Z ZEBULON Old charter revived 1526 New charter 1526 ZEBULON, CITY COURT OF Established 342

Page 1609

TREASURER'S REPORT.

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Report of R. E. Park, Treasurer, Showing Receipts and Disbursements at the State Treasury for Year Ending December 31, 1908 1907 * * For purpose of comparison, receipts for 1907 are also given. RECEIPTS. DR. Receipts. DISBURSEMENTS. C.R. 1907 * * For purpose of comparison, disbursements for 1907 are also given. To Balance in the Treasury January 1, 1908 (1907) $ 820,740,17 $ 804,444.93 By Academy for Blind $ 18,000.00 $ 58,000.0 To Artists' Tax 1,755.50 1,746.49 By Agricultural School 66,000.00 44,000.00 To Auctioneers' Tax 540.22 877.50 By Binding Journals ..... 550.00 To Automobile Tax 1,488.15 630.00 By Board of Pharmacy 200.00 ..... To Ball and Bicycle Parks 238.50 137.02 By Board of Health 16,000.00 7,500.00 To Bicycle Agents 580.50 765.63 By Cattle Inspector's Fund 175.00 ..... To Billiard Tax 25,234.30 12,811.06 By Civil Establishment 209,771.16 183,300.00 To Building Loan Associations 40.00 20.00 By Clerk's Costs, Court of Appeals 955.00 ..... To Cigarette Tax 15,505.29 9,555.03 By College for Colored 7,999.98 13,000.01 To Costs on Fi fas and Refunded 5.97 54.30 By Compiler of records ..... 3,849.58 To Corporation Tax, ad valorem 57,582.67 20,924.38 By Court of Appeals Reports 2,495.20 2,500.00 To Conscience Fund 10.00 ..... By Contingent Fund 21,790.09 21,533.44 To Clerks Costs, Court of Appeals 796.25 ..... By Contingent Fund Railway Commission 3,000.00 800.00 To Detective Agencies 180.00 90.00 By Contingent Expenses General Assembly 115.00 ..... To Dividends from Stocks 2,596.00 2,596.00 By Contingent Fund Supreme Court 1,294.64 1,288.13 To Express Companies' Tax 5,746.23 6,681.22 By Contingent Fund Court of Appeals 1,044.48 744.64 To Fees from Fertilizers 59,984.18 57,499.09 By Department of Agriculture 10,250.00 12,500.00 To General Tax 2,863,573.74 2,478,227.97 By Farmers' Institute 2,500.00 2,500.00 To Hire of Convicts 380,709.44 370,101.08 By Fertilizers' Fund 4,323.32 6,911.62 To Insolvent General Tax 16,306.75 4,056.20 By Filing Cases for Library ..... 4,225.75 To Insolvent Poll Tax 1,278.24 1,040.61 By Georgia Experiment Station 603.45 794.17 To Insurance Fees 24,973.23 24,010.54 By Georgia State Sanitarium 405,000.00 385,000.00 To Insurance Agents 13,765.80 17,838.00 By Geological Fund 10,565.33 9,806.29 To Insurance Tax 143,842.01 141,041.47 By Georgia Normal and Industrial College 57,671.78 52,499.96 To Interest from Depositories 13,502.63 6,063.66 By Horticultural Fund 12,709.11 10,816.36 To Investment Companies 400.00 200.00 By Incidental Expense General Assembly ..... 102.12 To Lease on Oyster Lands 15.00 20.00 By Indexing House and Senate Journals 200.00 150.00 To Lease on Indian Springs 407.14 ..... By Inspections of Oils 1,257.50 1,250.00 To Lightning Rod Agents 45.00 45.00 By Insurance Public Buildings, Etc. 1,058.75 33,881.36 To Liquor Tax 14,788.03 234,282.57 By Jamestown Exposition ..... 24,700.00 To Locker Tax 14,850.00 ..... By Jno. B. Gordon Statue ..... 15,000.00 To Money Refunded 30.46 1.00 By Land Seript Fund Interest 6,314.14 6,314.14 To Near Beer Fees 19,100.00 ..... By Legislative Pay Roll 104,932.22 66,353.16 To North Eastern Railroad 3,745.00 3,745.00 By Library Fund 2,897.29 3,472.70 To Occupation Tax on Corporations, capital stock 33,364.46 31,071.31 By Library Fund, Court of Appeals 1,485.12 165.10 To Office Fees, Secretary State 4,381.54 8,019.30 By Military Fund 24,659.27 40,000.00 To Oil Fees 12,966.37 14,976.23 By Normal School Equipment ..... 1,744.61 To Pawn Brokers' Tax 8,055.00 5,017.50 By North Georgia College A. M. (Dahlonega) 21,500.01 36,500.00 To Peddler's Tax 4,530.92 5,145.50 By Overpayment Taxes Refunded 1,477.14 8,640.54 To Pensions Refunded 1,182.50 391.64 By Oglethorpe Monument 6,500.00 ..... To Pistol Tax 8,709.17 9,090.00 By Pensions 932,302.60 890,000.00 To Poll Tax 316,717.22 272,716.16 By Pension Deficit ..... 42,717.65 To Pure Food and Drug Fees 1,417.70 1,866.34 By Penitentiary Committee ..... 4,213.16 To Railroad Tax 742,883.26 358,453.04 By Pharmacy Board ..... 200.00 To Railroad Fines 100.00 ..... By Prison Fund 381,517.91 360,709.42 To Real Estate Agents 1,954.70 2,286.18 By Printing Fund 30,611.64 24,573.05 To Rental Western Atlantic Railroad 420,012.00 420,012.00 By Printing Fund Geological Department 5,100.00 2,500.00 To Rental Public Property 110.00 60.00 By Printing Fund Railroad Commission 1,726.47 997.48 To Sale of Acts 565.00 861.75 By Public Buildings and Grounds 25,150.00 32,030.00 To Sale of Codes 442.25 938.75 By Publishing Colonial Records 413.24 ..... To Sale of Crops 18,898.54 18,050.51 By Publishing Ga. Records (Colonial), and Rev. etc. Conf. 12,431.41 8,748.13 To Sale of Records 630.14 324.00 By Publishing Georgia Reports 7,778.69 7,632.80 To Sale of Basement Rubbish 8.75 22.95 By Public Debt 401,363.75 415,993.75 To Sale of Reports 9,251.30 12,976.41 By Reformatory ..... 15,000.00 To Sale of Reports, Appeals 2,095.70 890.75 By Reprinting Georgia Reports, old ..... 12,443.25 To Sewing Machine Agents 2,138.00 2,528.00 By Reward Fund 2,300.00 2,700.00 To Sewing Machine Companies 1,200.00 1,800.00 By Roster Fund 925.00 925.64 To Sleeping Car Companies 1,913.84 2,276.23 By School for the Deaf 47,582.24 53,000.00 To Show Tax 4,937.40 13,318.86 By School Fund 2,206,336.92 1,667,475.25 To Show Tax, Electric 1,242.18 ..... By School of Technology 65,000.00 55,000.00 To Supreme Court Costs 3,202.75 3,888.00 By Soldiers' Home 22,000.00 25,000.00 To Tax on Agencies 1,089.00 495.00 By Solicitors Generals' Fees 5,770.00 7,120.00 To Temporary Loan 50,000.00 180,000.00 By Special Appropriations, Miscellaneous 1,293.79 3,726.07 To Tax on Abstract Companies 45.00 45.00 By Special Appropriations, Indian Springs Property 559.08 ..... To Tax on Adding Machines ..... 9.00 By Special to Pensioners 768.90 1,070.00 To Tax on Bottling Companies 4.356.00 3,500.26 By Special Apprs. Penitentiary Com. 3,000.00 ..... To Tax on Brewing Companies 270.00 1,350.00 By State Normal School (Athens) 46,255.06 24,999.96 To Tax on Cash Registers 9.00 27.00 By State University 45,000.00 30,500.00 To Tax on Coca-Cola and Similar Companies 1,080.00 2.160.00 By State University for Agricultural College 139,000.00 16,000.00 To Tax on Cold Storage 4,698.00 5,967.00 By State University for Summer School 5,000.00 5,000.00 To Tax on Futures ..... 3,600.00 By Stationery General Assembly 473.80 528.30 To Tax on Games 1,462.95 1,693.40 By Temporary Loan 155,890.03 25,000.00 To Tax on Loan Agents 486.00 468.00 By Weights and Measures ..... 1,500.00 To Tax on Railway News Companies 270.00 ..... Total Disbursements during the Year $ 5,570,295.51 $ 4,797,469.59 To Tax on Rinks 225.00 406.32 To Balance in the State Treasury 638,717.82 820,740.17 To Tax on Slot Machines 993.15 837.50 Total $ 6,209,013.33 $ 5,618,209.76 To Tax on Soda Fountains 4,141.08 ..... To Tax on Specialists 63.00 135.00 To Tax on Tobacco Tag Companies ..... 180.00 To Tax on Traders 1,057.50 1,274.85 To Tax on Typewriter Agents or Dealers 234.00 207.00 To Tax on Telegraph Companies 5,262.64 5,515.68 To Tax on Telephone Companies 25,902.43 23,786.53 To Wild Land Tax and Surplus 101.49 65.06 Total Receipts $ 6,209,013.33 $ 5,618,209.76

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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. VAUGHN 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.

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Superior Court Calendar for 1909-10. 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. DoughteryFirst 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; HON. GEORGE L. BELL, Atlanta, Judge; C. D. HILL, Atlanta, Solicitor-General. FultonFirst MOndays in January, March, May, July, September and November. ATLANTIC CIRCUIT. HON. PAULE. SEABROOK, Pineora, Judge; N. J. Norman, Savannah, Solicitor-General. BryanFirst Mondays in May and November. EffinghamSecond Mondays in April and October. LibertyThird Monday in February and fourth Monday in October. McIntoshFourth Monday in May and first Monday in December TattnallFirst Mondays in April and October.

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AUGUSTA CIRCUIT. HON. HENRY C. HAMMOND, Augusta, Judge; J. S. REYNOLDS, Augusta, Solicitor-General. BurkeFirst Mondays in April and October. ColumbiaFourth Mondays in March and September. McDuffieFirst Mondays in March and September. RichmondThird Mondays in January, March, May, July, September and November. 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. PickensFirst Monday in April and fourth Monday in September. BRUNSWICK CIRCUIT. HON. C. B. CONYERS, Brunswick Judge; E. L. WALKER, Blackshear, Solicitor-General. ApplingFirst and second Mondays in March and third and fourth Mondays in September. CamdenFirst Monday in April and third Monday in October. GlynnFirst Monday in June and third Monday in December. Jeff DavisThird and fourth Mondays in February and first and second Mondays in September. WayneThird and fourth Mondays in April, and first and second Mondays in November.

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CHATTAHOOCHEE CIRCUIT. 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, Vienna, 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.

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EASTERN CIRCUIT. HON. WALTER G. CHARLTON, Savannah, Judge; WALTER C. HARTRIDGE, Savannah, Solicitor-General. ChathamFirst Mondays in March and June, third Monday in October, and first Monday in 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, 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. ToombsThird Mondays in February and August. WashingtonFirst Mondays in March and September.

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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. 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. WilkesFirst 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. GreeneFourth Monday in January, and fourth Monday in July. HancockFourth Mondays in March and September. 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.

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OCONEE CIRCUIT. HON. J. H. MARTIN, Hawkinsville, Judge; E. D. GRAHAM, McRae, Solicitor-General. DodgeThird and fourth Mondays in May and November. MontgomeryThird and fourth Mondays in March, second and third Mondays in July, and first and second Mondays in 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; HON. JOHN W. MADDOX, Rome, Judge from Jan. 1, 1910; 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. BrooksFirst 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.

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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. DouglasThird Monday in March and third Monday in September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February and first Monday in August. PolkFourth Mondays in February and August. WAYCROSS CIRCUIT. HON. T. A. PARKER, Waycross, Judge; E. L. WALKER, Blackshear, Solicitor-General. CharltonSecond Monday in April and fourth Monday in October. ClinchFirst Monday in May and third Monday in November. CoffeeThird and fourth Mondays in March, and first and second Mondays in October. PierceSecond Monday in May and fourth Monday in November. WareThird and fourth Mondays in May, and first and second Mondays in December. 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.