Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia ATLANTA: CHAS. P. BYRD 19100000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1910 19100000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA. GA.: CHAS. P. BYRD, STATE PRINTER 1910

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

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1910 Part I.PUBLIC LAWS. TITLE I.APPROPRIATIONS TITLE II.TAXATION TITLE III.AMENDMENTS TO CONSTITUTION TITLE IV.CODE AMENDMENTS TITLE V.SUPERIOR COURTS TITLE VI.MISCELLANEOUS

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TITLE I. APPROPRIATIONS. ACTS Appropriation for the Georgia State Sanitarium. Appropriation for the Georgia State Sanitarium. Appropriation for the State Board of Entomology. Appropriation for the Georgia State Sanitarium. Appropriation for the State School of Technology. Appropriation for the Georgia Normal and Industrial School. Appropriation for the State's Contingent Fund. Appropriation to pay Salary of Stenographer of State Bank Examiner. Appropriation for Confederate Cemetery at Marietta. Appropriation for Public Comfort Building at Indian Springs. Appropriation for Contingent Expenses of General Assembly.

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APPROPRIATION FOR THE GEORGIA STATE SANITARIUM. No. 400. An Act to appropriate the sums of $25,000.00 for the year 1910 and $35,000.00 for the year 1911, for the support and maintenance of the Georgia State Sanitarium for the insane, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That there be appropriated from the funds of the Treasury not otherwise appropriated the sum of $25,000.00 to the Board of Trustees of the Georgia State Sanitarium for the insane, for the purpose of supporting and maintaining said Institution for the year 1910, and the further sum of $35,000.00 to the said Trustees for the support and maintenance of said Sanitarium for the year 1911. The appropriation of the above named sums is made in addition to the amount provided for in the General Appropriation Bill approved the 16th day of August, 1909. For support of Georgia State Sanitarium. 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, 1910.

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APPROPRIATION FOR THE GEORGIA STATE SANITARIUM. No. 403. An Act to appropriate additional funds for the completion and equipment of the buildings and grounds of the State Sanitarium for the treatment of tuberculosis or consumptive patients, and to provide a fund for the maintenance of said Sanitarium. 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 thirty thousand dollars, in addition to the sums hereinbefore appropriated, or so much thereof as may be necessary, be and the same is hereby appropriated for the purpose of completing and equipping the buildings and grounds of the State Sanitarium for the treatment of tuberculosis or consumptive patients, which shall be available in the year 1911. To complete buildings for tuberculosis patients at State Sanitarium SEC. 2. Be it further enacted, That the sum of twenty thousand dollars be and the same is hereby appropriated for the maintenance of said Institution for the year 1911, and the Governor is authorized and directed to draw his warrant for same out of any sums not otherwise appropriated. For support of institution. SEC. 3. The Trustees of the above-named Institution shall advertise for bids weekly in four issues of a daily paper in Atlanta, Ga., for the completion of the buildings, equipments and grounds of the Sanitarium for the treatment of tuberculosis at Alto, Georgia, and, after receiving said bids, shall submit the same to the Governor of this

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State, together with the detailed plans and specifications of the buildings, equipments, and grounds, for his approval or disapproval. Before the monies herein appropriated for the completion of said buildings, equipments and grounds shall be paid out, the Trustees and architect shall submit to the Governor of this State, the progress of the work, and no amount shall be paid out until such report and approval is made by the Trustees and architect and has been submitted to the Governor, who shall then draw his warrant for the same. Bids for completion and equipment of buildings required. 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, 1910. APPROPRIATION FOR THE STATE BOARD OF ENTOMOLOGY. No. 389. An Act to appropriate $10,000.00 to the State Board of Entomology for 1911, to be used in experimental work on black root or wilt disease of cotton, cotton anthracnose, red rot of sugar cane, 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 and for publication of results obtained from such experimental work.

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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 sum of ten thousand dollars be appropriated to the State Board of Entomology for 1911 to be used in experimental work for the eradication of black root or wilt disease of cotton, cotton anthracnose, red rot of sugar cane and 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, and for publication of results obtained from such experimental work. For experimental work by entomologist. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved August 10, 1910. APPROPRIATION FOR THE GEORGIA STATE SANITARIUM. No. 452. An Act to appropriate fifteen thousand dollars or so much thereof as may be necessary for the erection and equipment of buildings at the Georgia State Sanitarium for the treatment of insane patients afflicted with tuberculosis, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That there be appropriated the sum of fifteen thousand dollars, or so much thereof as may be

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necessary, to be used by the Trustees of the Georgia State Sanitarium for the following purpose, to-wit: In the erection and equipment of four (4) buildings on the grounds of said Sanitarium for the care and treatment of insane patients afflicted with tuberculosis, and the Governor is hereby authorized to draw his warrant on the State Treasury for said sum. That it shall be the duty of said Board to have plans of said buildings prepared and specifications drawn, and shall advertise for bids and shall let the work to the lowest responsible bidder, which bid shall be submitted to the Governor, who shall approve the same and shall require the contractor to give bond to the State for the faithful performance of the work, and the Governor shall draw his warrant on the treasury in favor of contractor from time to time as the work progresses. Said sum to be drawn only on the certificate of the architect showing the amount of the work accomplished. Buildings at the Georgia State Sanitarium for insane patients afflicted with tuberculosis. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict be, and the same are, hereby repealed. Approved August 13, 1910. APPROPRIATION FOR THE STATE SCHOOL OF TECHNOLOGY. No. 481. An Act to appropriate thirty-five thousand dollars to the Trustees of the University of Georgia for the use of the State School of Technology, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That the sum of thirty-five thousand dollars ($35,000) be, and the same is, hereby appropriated to the Board of Trustees of the University of Georgia for the use of the State Technological School at Atlanta, to be used in erecting a building for shop purposes upon the property of the State at said Technological School. State School of Technology. Building for shop purposes. SEC. 2. Be it further enacted by the authority aforesaid, That said building shall be erected under the supervision of the local board of trustees of said School, and the sum hereby appropriated shall be paid out on the warrants of the Governor in favor of the Treasurer of said School, as said work progresses. An itemized statement of the expenditure of the money shall be furnished to the Governor by the Chairman of the said local Board. How erected SEC. 3. Be it further enacted, That said appropriation shall not be available for the purpose aforesaid until plans and specifications for the proposed building shall have been prepared and approved by the Governor, and until there shall have been produced to the Governor evidence satisfactory to him that there have been raised from private gift or donation and actually expended upon the erection of such building a sum of at least $15,000 dollars. Conditions of appropriation. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Approved August 13, 1910.

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APPROPRIATION FOR THE GEORGIA NORMAL AND INDUSTRIAL SCHOOL. No. 421. An Act to appropriate the sum of thirty-five thousand dollars, or so much thereof as may be necessary, for the purpose of building a new college building upon the campus of the Georgia Normal and Industrial College at Milledgeville, Ga., 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 thirty-five thousand dollars, or so much thereof as may be necessary, shall be and is hereby appropriated for the purpose of building a new college building to be located on the campus of the Georgia Normal and Industrial College at Milledgeville, Ga., the said building to be used for class room purposes and to contain class rooms for instruction in Agricultural and Scientific branches. Georgia Normal and Industrial College, new building for. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the Board of Directors of the said Georgia Normal and Industrial College are authorized and empowered to make requisition upon the Governor of said State for the said thirty-five thousand, 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 Board of Directors, and the Treasurer is directed to pay the same out of any funds in the Treasury available for that purpose. Payments for.

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SEC. 3. 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 12, 1910. APPROPRIATION FOR THE STATE'S CONTINGENT FUND. No. 412. An Act to appropriate to the Public Building Fund the sum of $6,473.00, and to the Contingent Fund $4,890.37, to supply a deficiency in said funds, and to appropriate the further sum of $5,000.00 to meet premiums on policies of insurance covering State properties, and for other purposes. Whereas, the General Assembly in an Act to make appropriations for the ordinary expenses of the State Government, approved August 16, 1909, appropriated the sum of $25,000.00 to the Public Building Fund to meet the ordinary expenses incident thereto, and Preamble. Whereas, by joint resolution of the General Assembly No. 27, the Governor was authorized and directed to make certain repairs, improvements and refurnishings in the Hall of the House of Representatives, and the Senate Chamber, and make payment for the same out of the Public Building Fund, or in case of insufficiency in said Fund, from any other available funds, approved August 16, 1909, and

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Whereas, in conformity with said joint resolution No. 27, the Governor has made such improvements, repairs and refurnishings as aforesaid, and has paid out of the said Public Building Fund the sum of $6,473.00, and out of the contingent fund the sum of $4,890.37, which said payments have depleted said Public Building Fund and Contingent Fund below the needs usually incident thereto, and Whereas, during the year new property has come into the possession of the State which needs to be insured, and some old property that was omitted from the insurance schedule or which was not adequately covered by insurance, and it being advisable to cover this property as well as any other property which may hereafter come into the possession of the State, with adequate insurance, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of $6,473.00 be and the same is hereby appropriated to the Public Buildings and Grounds Fund, and the sum of $4,890.37 be and the same is hereby appropriated, to supply the deficiency in said funds occasioned by withdrawals therefrom of like amounts aforesaid to pay for the improvements, repairs and furnishings of the Hall of the House of Representatives and Senate Chamber, in accordance with the words and tenor of Resolution No. 27 aforesaid. To supply deficiency in public buildings and grounds fund and in contingent fund. SEC. 2. Be it further enacted by authority aforesaid, That the further sum of five thousand dollars be and the same is hereby appropriated to the Public Building Fund, or so much thereof as may be necessary, to be used by the Governor in the payment of premiums on insurance policies already taken out or hereafter to be taken out,.and all

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renewals therefor on property now or hereafter coming into the possession of the State. For insurance. 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 12, 1910. APPROPRIATION TO PAY SALARY OF STENOGRAPHER OF STATE BANK EXAMINER. No. 438. An Act to amend an Act to make appropriations for the ordinary expenses of the Executive, Legislative and Judicial Departments of the government, for the payment of the public debt, and interest thereon, for the support of the public institutions and the educational interests of the State, for each of the [Illegible Text] years 1910 and 1911, and for other purposes, approved August 16, 1909, by adding at the end of Secton 1, in said Act, for the salary of the Stenographer to the State Bank Examiner, the sum of twelve hundred dollars. SECTION 1. Whereas the General Assembly of the State of Georgia inadvertently omitted to make appropriation for the payment of the salary of the Stenographer in the office of the State Bank Examiner for the years 1910 and 1911, be it therefore enacted by the General Assembly of the State of Georgia, and it is now hereby enacted by authority of the same, That Section 1 of said Act be

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amended by adding thereto, for the salary of the stenographer to the State Bank Examiner, the sum of twelve hundred dollars per annum. For salary of stenographer of State Bank examiner. 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 12, 1910. APPROPRIATION FOR CONFEDERATE CEMETERY AT MARIETTA. No. 499. An Act to appropriate the sum of two thousand ($2,000.00) dollars for the completion of improvements of the Confederate Cemetery at Marietta, Georgia, and for keeping the same in order. 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 two thousand ($2,000.00) dollars be and the same is hereby appropriated for the use of the trustees of the Confederate Cemetery at Marietta, Georgia, to be used by them in completing the improvements of said cemetery, and in keeping the same in order, said amount to be paid by the Governor of the State of Georgia out of any available funds on hand out of which said fund can be lawfully paid. SEC. 2. Be it further enacted, That immediately after the passage of this Act the Governor of the State of Georgia

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be, and is hereby directed to draw his warrant upon the Treasury of the State of Georgia for said sum of two thousand ($2,000.00) dollars to be paid out of any fund in the Treasury available for such purposes, which amount shall be turned over to the Trustees of said Confederate Cemetery at Marietta, Georgia, to be used by them for the purposes aforesaid. Confederate cemetery at Marietta improvement of. 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 10, 1910. APPROPRIATION FOR PUBLIC COMFORT BUILDING AT INDIAN SPRINGS. No. 384. An Act to authorize the Governor to expend the amount of money received as rental of the Indian Springs Reserve, or so much thereof as may be necessary in employing someone to keep the public comfort building located on said reserve in a cleanly and sanitary condition, and for other purposes. Whereas, the General Assembly of the State of Georgia by an Act approved November 11, 1889, authorized the Governor to lease what is known as the Indian Springs Reserve located in Butts county, and, Preamble. Whereas, in pursuance of said authority, the Governor did lease said property for an annual rental of $105.00 for the term of twenty-five years, and

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Whereas, by authority of an Act approved August 17, 1908, there has been erected on said Indian Springs Reserve, a public comfort building, and it is necessary to keep same in a cleanly and sanitary condition. SEC. 1. It is therefore enacted by the General Assembly of Georgia, That the Governor be, and he is hereby authorized and directed to employ some suitable person to keep the Public Comfort Building above referred to in a cleanly and sanitary condition, and to perform such other duties as to maintain any property of the State of Georgia in said Reserve or otherwise as the Governor may direct. Keeper of the public comfort building at Indian Springs. SEC. 2. Be it further enacted, That the money arising hereafter from the rental of said Indian Springs Reserve or so much thereof as may be necessary, be and the same is hereby appropriated to pay for the service provided for in the first Section of this Act, to be paid out on the warrant of the Governor. Appropriation for. 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 10, 1910. APPROPRIATION FOR CONTINGENT EXPENSES OF GENERAL ASSEMBLY. No. 543. An Act to provide for the payment of certain contingent expenses of the General Assembly by making an appropriation to the High Rock Water Company of the sum of

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eighty-five dollars to pay for water furnished the House of Representatives, and to John T. Boifeuillet, the Clerk of the House, the sum of seventy-five dollars, and to Chas. S. Northen, Secretary of the Senate, the sum of fifty dollars for preparing and mailing to members of the House and of the Senate a statement showing the status of the business of the session of 1909. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That the sum of eighty-five dollars or so much thereof as may be necessary, be and the same is hereby appropriated to the High Rock Water Company to pay for water furnished the House by the Secretary of State upon request of the House during the session of 1910, the same to be paid upon the approval of the Secretary of State of a sworn itemized statement furnished by said Company. For water. SEC. 2. Be it further enacted, That the sum of seventy-five dollars is hereby appropriated to Jno. T. Boifeuillet, Clerk of the House of Representatives, and the sum of fifty dollars is hereby appropriated C. S. Northen, Secretary of the Senate, to pay said Clerk and Secretary respectively for preparing and mailing to the members of the House and of the Senate a printed statement of the status of the business of the session of 1909 unfinished at the adjournment of said session. For printing. SEC. 3. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910.

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TITLE II. TAXATION. ACTS. Method of Assessing and Collecting Taxes. Municipal Taxation for Public Schools. Past Due Taxes, How Assessed and Collected. Payment of County Taxes, Quarterly and Semi-Annually. Municipal Taxation for Public Schools. Taxes for School Districts, How Assessed and Collected. METHOD OF ASSESSING AND COLLECTING TAXES. No. 474. An Act to provide for a method of assessing and collecting taxes where such taxes are authorized, and no adequate provision is made in the Act authorizing the same, or in the general law for giving the tax payer notice and opportunity to be heard as to the valuation and taxability of his property subject thereto. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That from and after the passage of this Act, in all cases where taxes are authorized by law for any purpose and no adequate provision is made in the Act authorizing the same, or the

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general law for giving the tax payer notice and opportunity to be heard as to the valuation and taxability of his property subject to such taxation, the method for assessing and collecting said taxes shall be as set forth in this Act. Taxes, how assessed and collected. SEC. 2. Be it further enacted, That where the property subject to said tax is such as is returnable to the Comptroller-General of the State, that officer shall assess the same at the valuation fixed in the annual returns, if said returns are satisfactory to him; if not, he shall within 60 days after receiving said returns make an assessment of the property from the best information he can procure, and notify in writing the officer or person making such returns, who shall have the privilege within 20 days after receiving such notice, to refer the question of true value to arbitrators, one to be chosen by himself, and one to be chosen by the Comptroller-General, with power to choose an umpire in case of disagreement, and their award shall be final. Assessments by the Controller-General. SEC. 3. Be it further enacted, That in all such cases where the taxes are authorized for school purposes in the counties or school districts, the tax payers annual returns to the Comptroller-General shall set forth all his taxable property in said county or school district, as the case may be, subject to said taxation, and the Comptroller-General shall assess the said property for school purposes at the same time and in the same manner as he is now authorized by law to assess the same for ordinary county purposes, applying the school tax rate fixed by the school authorities in said counties or districts, which said school tax rate or rates shall be certified and transmitted to the Comptroller-General by the county authorities at the same time they certify to him the county tax rate, for ordinary county purposes in cases of railroad property, and the further procedure, on

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the part of the Comptroller-General for collecting said school tax shall be the same as that providing for the collection of county taxes due by railroads as provided for in what is known as the Glenn Act, approved October 16, 1889, and Codified in Political Code of 1895, Sections 784 to 789, both inclusive, in-so-far as the same can be applied. Where it becomes necessary for the Comptroller-General to issue a tax fi. fa. for county purposes, as well as for school purposes, he may include said school tax therein, specifying in the assessment and tax execution the amount of the county taxes for ordinary purposes and the amount for school purposes, separately, so that the tax collector, after collecting the same, shall pay over each tax to the proper person authorized by law to receive the same. Should the tax payer desire to contest the taxability of his property, as provided under Sections two and three of this Act, he may do so by petition in equity in the Superior Court of Fulton county. School tax. SEC. 4. Where the property subject to said tax is such as is returnable annually to the tax receiver of the county, that officer shall assess the same at the valuation fixed in the annual returns, if satisfactory to him; if not, he shall within 30 days after receiving said returns, make an assessment of said property from the best information he can procure, and notify, in writing, the person or officer making the returns, who shall have the privilege within 20 days after receiving such notice, to refer the question of the true value to arbitrators, one to be chosen by himself and one to be chosen by the tax receiver, with power to choose an umpire in case of disagreement, and their award shall be final. And said assessment when completed and entered upon the tax digest, shall be adopted and used by the County Boards of Education or other school authorities authorized

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by law to levy taxes for school purposes in counties or school districts, in lieu of requiring separate returns or arbitrations for purposes of school taxation. Should the tax payer desire to contest the taxability of said property under this Section, he may do so by petition in equity in the Superior Court of the county where said property is assessed. Should the two arbitrators provided for in this Section fail to agree upon the value of the property, and fail to name an umpire within 20 days after their appointment, the umpire shall be named by the Ordinary or County Board of Commissioners, as the case may be. Assessments by tax receivers. SEC. 5. Where the property subject to said tax is such as is returnable to the tax receiver of a municipality (by whatever name called) that officer or such other officer or officers of such municipality vested by law with authority to assess property for taxation shall assess the same at the valuation fixed in the returns, if satisfactory to said officer or officers; if not, said officer or officers shall within 30 days after receiving said returns, assess the property from the best information that he or they can procure, and notify, in writing, the person or officer making such return, who shall have the privilege within 20 days after receiving such notice, to refer the question of true value to arbitrators, one to be chosen by himself, and one by the said tax officer or officers, with power to choose an umpire in case of disagreement, and their award shall be final. Should said two arbitrators fail to agree upon the valuation and fail to select an umpire within 20 days after their appointment the umpire shall be named by the Mayor or chief executive officer of the municipality. Should the tax payer desire to contest the taxability of his property, as provided under this Section, he may do so by petition in equity in the

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Superior Court of the county where said property is assessed. Assessments by officers of municipalities. 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, 1910. MUNICIPAL TAXATION FOR PUBLIC SCHOOLS. No. 459. An Act to authorize a certain class of municipalities to hold an election to determine the question of local taxation for the support and maintenance of public schools, to prescribe the qualification of electors for such elections, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That any municipality authorized by law to establish and maintain a system of public schools by local taxation, in whole or in part, and which is not now specifically authorized to hold an election on the question of local taxation for school purposes, shall have the right to submit the question of local tax for public schools to the qualified voters of the municipality. Municipal elections for school taxes. SEC. 2. Be it further enacted, That upon petition of one fourth of the qualified voters of such municipality, the municipal authorities shall order an election to be held not earlier than twenty days and not later than forty days after

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receiving such petition. Notice of such election shall be published in a newspaper in the municipality at least once a week for two weeks before the election, or, if there be no such newspaper, then notice of such election shall be posted in at least three conspicuous places within the municipality ten days prior to the election. How ordered. SEC. 3. Be it further enacted, That those favoring local taxation for public schools shall have written or printed on their ballots For local taxation for public schools, and those opposed shall have written or printed on their ballots Against local taxation for public schools. Ballots. SEC. 4. Be it further enacted, That the returns of such election shall be made, and the result declared, as prescribed for other elections in and for the municipality. Two-thirds of those voting shall be necessary to carry the election for local taxation. An election for the purpose herein named shall not be held oftener than once every twelve months. Results how declared. SEC. 5. Be it further enacted, That all laws in conflict with this Act, are hereby repealed. Approved August 13, 1910. PAST DUE TAXES, HOW ASSESSED AND COLLECTED. No. 471. An Act to amend an Act entitled an Act providing for collection of past due taxes to the State, counties and municipalities thereof, and for other purposes, so as to provide

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for amending the caption, to provide for the correct method of assessing and collecting past due taxes for school purposes, and for municipal purposes, in cases where returns should have been made to the municipal authorities 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 caption of the Act entitled an Act providing for the collection of past due taxes to the State, counties and municipalities thereof, and for other purposes, approved August 15, 1908, be, and the same is, hereby amended by adding after the word thereof in the second line of said caption the following, to-wit: and to the county Boards of Education or other school authorities authorized to levy taxes for school purposes, so that said caption when thus amended shall read as follows: An Act providing for the collection of past due taxes to the State, counties and municipalities thereof, and to the county Boards of Education or other school authorities authorized to levy taxes for school purposes, and for other purposes. Taxes past due to county boards of education. SEC. 2. Be it further enacted, That said Act shall be and is hereby amended by adding at the end of Section 5 of said Act the following words, to-wit: And said assessments when completed and entered upon the tax digests shall be adopted and used by the county Boards of Education or other school authorities authorized by law to levy taxes for school purposes in counties or school districts in lieu of requiring separate returns or arbitrations for purposes of school taxation, provided that the tax payer should he desire to contest the taxability of his property for school purposes, may raise that question by petition in equity in the

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Superior Court of the county where said property is assessed. Tax assessments SEC. 3. Be it further enacted, That said Act shall be and is hereby amended by inserting after Section 7 of said Act and just before the repealing clause, the following provisions to be known as Sections 8, 9 and 10, and by numbering the repealing clause as Section 11 instead of Section 8 of said Act, to-wit: SEC. 8. Be it further enacted, That when the omitted property is of the class which should have been returned to the tax receiver of a municipality (by what ever name called) said tax receiver shall notify in writing such delinquent, demanding that a return be made thereof within twenty days. Notice to tax defaulters. SEC. 9. Be it further enacted, That if the delinquent as provided for in the above Section refuses to return his property after notice given him, it shall be the duty of the tax receiver or assessor of the city as the case may be, to assess such property for taxation from the best information he or they can obtain as to its value for the years in default and give written notice thereof to the tax payer, which assessment shall be final unless the tax payer within twenty days after receiving such notice raise the question that it is excessive, in which event the question of valuation shall be referred to arbitrators, one to be chosen by the tax payer and one by the assessing officer of the municipality, with power to choose an umpire in case of disagreement, and their award shall be final. Assessments of unreturned property, how made. SEC. 10. Be it further enacted, That if the delinquent under Sections 8 and 9 disputes the taxability of such

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property, he may raise that question by petition in equity in the Superior Court of the county where said property is assessed. Taxability of property, how determined. 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 13, 1910. PAYMENT OF COUNTY TAXES QUARTERLY AND SEMI-ANNUALLY. No. 457. An Act to authorize and empower County Commissioners in all counties having therein or that may hereafter have therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants to adopt rules and regulations permitting tax payers to pay county taxes quarterly or semi-annually; to require tax collectors to carry out such regulations, 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, Ordinaries or County Commissioners charged with the fiscal affairs of counties in this State having therein, or that may hereafter have therein, a city with a population of not less than 54,000 nor more than 75,000 inhabitants, are hereby authorized and empowered to enact and adopt reasonable rules and regulations whereby the tax payers of their respective counties may be permitted to pay their county

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taxes quarterly, or semi-annually, as to said county officers may seem best. Payment of county taxes quarterly and semi-annually in certain counties. SEC. 2. Be it further enacted, That the tax collectors of such counties shall carry out such regulations when so adopted. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 13, 1910. MUNICIPAL TAXATION FOR PUBLIC SCHOOL. No. 537. An Act to authorize a certain class of municipalities to hold an election to determine the question of local taxation for the support and maintenance of public schools, to prescribe the qualifications of electors for such elections, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That any municipality authorized by law to establish and maintain a system of public schools by local taxation in whole or in part, and which is not specifically authorized to hold an election on the question of local taxation for school purposes shall have the right to submit the question of local tax for public schools to the qualified voters of the municipality. Municipal elections for school taxes. SEC. 2. Be it further enacted, That upon petition of one-fourth of the qualified voters of such municipality, the

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municipal authorities shall order an election to be held not earlier than twenty days and not later than forty days after receiving such petition. Notice of such election shall be published in a newspaper in the municipality at least once a week for two weeks before the election, or if there be no such newspaper then notice of such election shall be posted in at least three conspicuous places within the municipality ten days prior to the election. How ordered. SEC. 3. Be it further enacted, That those favoring local taxation for public schools shall have written or printed on their ballots For local taxation for public schools; and those opposed shall have written or printed on their ballots Against local taxation for public schools. Ballots. SEC. 4. Be it further enacted, That the returns of such election shall be made and the result declared as prescribed for other elections in and for the municipality. Two-thirds of those voting shall be necessary to carry the election for local taxation. An election for the purpose herein named shall not be held oftener than once every twelve months. Results, how declared. SEC. 5. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved August 15, 1910. NOTE: This Act is the same as No. 459 except in date of approval. Both are on file in the office of the Secretary of State. TAXES FOR SCHOOL DISTRICTS, HOW ASSESSED AND COLLECTED. No. 533. An Act to amend An Act to amend an Act entitled `An Act to provide for the creation and operation of local

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tax district schools, and for levying and collection of local tax by districts or counties for educational purposes, for laying off of counties in school districts, and for other purposes,' approved August 23, 1905, so as to provide for amending the caption, to provide a proper enforcement of the bill and for the election of district trustees, whether local tax is levied and collected or not, to provide a correct method of assessing and collecting the taxes in local districts, and for other purposes, by providing for the laying off of school districts in adjoining counties without regard to county lines; to provide for the collection of the school tax in such 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 the Act approved August 24, 1906, entitled, An Act to amend an Act entitled, `An Act to provide for the creation and operation of local tax district schools, and for levying and collection of local tax by districts or counties for educational purposes, for the laying off of counties in school districts, and for other purposes,' approved August 23, 1905, so as to provide for amending the caption, to provide a proper enforcement of the bill and for the laying off counties into districts of reasonable size, for the election of district trustees, whether local tax is levied and collected or not, to provide a correct method of assessing and collecting the taxes in local districts, and for other purposes, be and the same is hereby amended by adding after the word so near the middle of the 17th line of Section 1 of said Act as amended as it appears in the published Acts of 1906, on page 66 of said published Acts, the following words, to-wit: By concurrent

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consent and action, Boards of Education of two or more adjoining counties may lay off and define school districts without regard to county lines; provided, that the Board of Education of the county in which the school house is located shall have supervision of same, and provided that the Ordinary of the county in which the school house is located shall order the election, and provided that the tax collector of each county from which territory has been cut, shall collect the school tax levied by the trustees of the school districts thus formed in the territory cut from his county, and shall pay the same when collected to the authorized officer of said Board, so that said Section of said Act shall, when amended read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that within thirty days after the passage of this Act, or as soon thereafter as practicable, it shall be the duty of the county Board of Education of each county in Georgia to lay off the county into school districts, the lines of which shall be clearly and positively defined by boundaries, such as creeks, public roads, land lines, district lines, or county lines. The school districts thus marked out shall contain an area of not less than sixteen square miles, and where practicable, shall be so shaped as to have the school buildings as near the center as possible, and no territory shall be included whose occupants reside farther than three miles from the school house without written petition of two-thirds of the qualified voters therein; provided, that the Board of Education may have the right to establish districts with areas less than sixteen square miles where there are natural causes or local conditions that make it necessary to do so. By concurrent consent and action, Boards of Education of two or more adjoining counties may lay off and define

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school districts without regard to county lines, provided that the Board of Education of the county in which the school house is located shall have supervision of same, and provided that the Ordinary of the county in which the school house is located shall order the election, and provided that the tax collector of each county from which territory has been cut, shall collect the school tax levied by the trustees of the school district thus formed in the territory cut from his county, and shall pay the same when collected to the authorized officer of said Board. The natural causes which will permit the creation of smaller districts are mountains, streams over which there are no bridges and dangerous roads. Local conditions which will permit the creation of small districts must be determined by the Board of Education. In counties having incorporated towns now levying a local tax for educational purposes and operating a public school system under their town charter or special Act of the Legislature, the county Board of Education, with the consent of the municipal authorities, may create a school district larger than the incorporated limits of the town by adding adjacent territory not already included in the incorporated limits, and the district thus marked out shall become a school district upon the vote of the people as hereinafter provided, but such school district including incorporated towns having a population of four thousand or more, shall be and remain under the exclusive supervision and direction of the school boards of the previously chartered schools in said class of incorporated towns and not under supervision of county Board of Education; and the school boards of such chartered schools in incorporated towns shall be trustees of said school district under this Act; provided, further, that if there be located in such school districts a chartered school controlled by a board of

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stockholders or by board of directors elected by them, the management and control of said chartered school shall remain in them, and they shall have all the rights and privileges of this Act to collect local taxes as hereinafter provided in this Act, and to receive their share of the State public school fund. A map of the county thus laid off, plainly outlining the boundaries of the school districts with full description thereof, shall be filed with the Ordinary within forty days after the passage of this Act, or as soon thereafter as practicable; and the boundaries of said school districts shall not be altered any oftener than two years. The county Board of Education, in laying off the county, shall disregard any school districts embracing territory not included in incorporated towns heretofore created by special Act of the Legislature. The failure of any county Board of Education to comply with the requirements of this Section within six months after the passage of this bill shall operate to annul their commissions, and the vacancies thus created shall be filled as the law requiring such vacancies to be filled. Taxation for district schools. School districts, how laid off. Districts including municipallties. Chartered schools. Map of county showing districts, required of each county board of education. 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 15, 1910.

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TITLE III. AMENDMENTS TO CONSTITUTION. ACTS. Pensions of Ex-Confederate Soldiers and Widows of. Salaries of Judges of Superior Courts of Chatham, Richmond and Fulton Counties. Counties May Levy Taxes for Educational Purposes. PENSIONS OF EX-CONFEDERATE SOLDIERS AND WIDOWS OF. No. 293. An Act to put in force the Constitutional amendment ratified at the November election in 1908, of Paragraph 1, Section 1, Article 7 of the Constitution of this State, providing for the payment of pensions of ex-Confederate soldiers, and to the widows of ex-Confederate soldiers (married prior to first of January, 1870), not worth over fifteen hundred dollars. To fix the term of service, the annual amount to be paid, the proofs to be made, to provide penalties for false and fraudulent swearing in connection therewith, and to make appropriations to pay 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 on and after the passage of this Act that a pension of sixty dollars be paid annually on the first

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of January, and before the first of May, to each ex-Confederate soldier and to the widow of each ex-Confederate soldier, who was married prior to the first of January, 1870, (not now drawing a pension from the State of Georgia), who was a bona fide resident citizen of this State on the fourth day of November, 1908. The total value of whose property of every kind and of every description of any value whatever, does not exceed fifteen hundred dollars, who enlisted and was mustered into the organized army of the Confederate States or of the organized militia of the State of Georgia, and performed as much as six months of actual military service as a soldier and was honorably discharged therefrom. Pension for widows of ex-Confederate soldiers, who were married prior to 1870. SEC. 2. Be it further enacted by the authority aforesaid, That before any pension shall be allowed under this Act the applicant shall make oath on a blank to be furnished by the Commissioner of Pensions before the Ordinary of the county of his or her residence in this State, stating his or her full name (and the name of husband) and where they reside and how long they have been a bona fide continuing resident in this State, the company and the regiment (and arm of service) in which the soldier enlisted, and when and where he enlisted and was mustered into the army as a soldier of the Confederate States, or of the organized militia of this State, giving the full term of his service and when and where his command was surrendered or discharged from his command, accounting for himself with his lawful command in an honorable service to the end of the war. Applications, how made. SEC. 3. Be it further enacted by the authority aforesaid, That each applicant shall submit a full statement of all the property of every kind, of any description, of any value whatever that was in the use of and in the possession of himself

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or wife or of herself, and of their income and earnings, and of its cash value on the fourth day of November, 1908, and if any of said property has been disposed of by sale or gift since the fourth day of November, 1908, state how disposed of and to whom and for what purpose, and its cash value, and to what use the proceeds were placed, and also state fully and clearly the description of all property of every kind, of any value, including income and earnings in the use, possession and control of applicant or his wife, or of herself, and its cash value at the time of making application. The Ordinary shall satisfy himself that no sales or transfers of any property of the applicant since the 4th day of November, 1908, have been made so as to obtain a pension under this Act; and any transfer of property by any applicant since fourth day of November, 1908, to any relative or heir, which if it had not been so transferred would not entitle said applicant to a pension under the provisions of this Act, shall defeat said application for pension. Where such transfers of property by the applicant have been made since fourth of November, 1908, an abstract of said transfers shall be attached to said application and forwarded to the Commissioner of Pensions, and it shall be his duty to strictly enforce the provisions of this Act. Property and income. Transfers of property. SEC. 4. Be it further enacted by the authority aforesaid, That the applicant shall furnish the testimony of one or more creditable witnesses, or other satisfactory evidence of his enlistment or service in the Confederate army, or in the organized militia of Georgia, and of the actual military service performed as a soldier (to be stated in application) and of the honorable discharge or accounting for him as an honorable soldier with his lawful command to the end of the war or until his discharge. Witnesses for applicant as to service.

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SEC. 5. Be it further enacted by the authority aforesaid, That the applicant shall furnish the testimony of at least two creditable witnesses who are freeholders residing in the county of his or her residence or where the property or any part of it may be situated, who know's and is familiar with the property owned, possessed or controlled by the applicant or his wife or herself, or by others for their use, and of the actual cash value of the same, and if any of the property that was in the possession, use or control of the applicant or his wife or himself on the fourth of November, 1908, has been sold or given away or parted with in any way, state their full knowledge of the transaction, to whom disposed of, for what consideration and the disposition made of the proceeds, and of the cash value of the same, all of which affidavits shall be sworn to before the Ordinary of the county of their residence and their character for truth and veracity certified by said Ordinary under the seal of his court, and that the affidavits were read to them before signing and after they were sworn, to the correctness and truthfulness of the same. Witnesses for applicant as to property. SEC. 6. Be it further enacted by the authority aforesaid, That all widow applicants shall state in addition to the foregoing requirements, when she and her husband were married, and when and where he died, and if they were living together at his death as husband and wife, and prove her statements to be true by a witness who knows they are true, or by certified copy of marriage license, or by general reputation. Widows must state date of marriage and of death of husband, etc. SEC. 7. Be it further enacted by the authority aforesaid, That service performed in Government shops or elsewhere not connected with the service of the organized armies

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shall not be counted as military service while so engaged away from his command. Work in Government shops. SEC. 8. Be it further enacted by the authority aforesaid, That when a soldier was killed or injured while in the service, and in line of duty as a soldier, or died as a result of such injury before the close of the war, leaving a widow who was his wife when injured or killed, who has since married and is now a widow, shall be paid the annual pension as provided by this Act, provided she is otherwise eligible under the provisions of this Act as are required of other widows of Confederate soldiers. Widows who remarried. SEC. 9. Be it further enacted by the authority aforesaid, That any person who shall in making application for pension or who shall testify in support of the same and swear to a false and fraudulent statement as to the service required, or as to the property and its value, or of and about any matter material to make out and establish said application, whether the applicant is placed on the pension rolls or not, shall be guilty of false swearing, and upon conviction shall be punished as now provided by law for the offense of false swearing. False swearing prohibited. SEC. 10. Be it further enacted by the authority aforesaid, That no one who deserted his country or command, or absented himself from his lawful command and remained away without any authority when he could have by proper effort returned, shall be allowed a pension under this Act. Deserters. SEC. 11. Be it further enacted by the authority aforesaid, That all applications for pensions to be considered for the rolls of the following year shall be filed in the office of the Commissioner of Pensions on or before the 15th of November of each year. Applications. when filed.

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SEC. 12. Be it further enacted by the authority aforesaid, That the sum of two hundred thousand dollars be and the same is hereby appropriated for the year 1911, or so much thereof as may be necessary, to be paid out of any funds in the treasury not otherwise appropriated, to be paid out at the same time and in the same way as other pensions are paid, to pay those provided for by this Act. Appropriation to pay pensions. SEC. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved July 8, 1910. SALARIES OF JUDGES OF SUPERIOR COURTS OF CHATHEM, RICHMOND AND FULTON COUNTIES. No. 322. An Act to amend Paragraph 1 of Section 13 of Article 6 of the Constitution of the State of Georgia regulating the salaries of the Judges of the Supreme and Superior Courts by providing for the payment from the county treasuries of Chatham, Fulton and Richmond counties to the Judges of the Superior Courts of the Circuits to which said counties belong, to the Judge of the Stone Mountain Circuit, or the Judge of such other Circuit as may hereafter be required to regularly preside in Fulton Superior Court, of additional compensation, and to ratify, validate and confirm the original and amendatory Acts of the General Assembly regulating the salaries of Judges of the Superior Courts of all Judicial Circuits

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of the State having therein a city with a population of not less than 54,000 inhabitants, according to the United States Census of 1900, as heretofore enacted, and the Act of the General Assembly regulating the compensation of Judges of the Superior Court for services rendered outside of their own Circuits in those Judicial Circuits of the State having therein a population of not less than 75,000 inhabitants, according to the Census of 1900. SECTION 1. Be it enacted by authority of the General Assembly of Georgia, That Paragraph 1 of Section 13 of Article 6 of the Constitution of the State of Georgia be amended by adding to such paragraph of said Section the following proviso. Provided, however, That the counties of Chatham, Fulton and Richmond shall pay from their respective county treasuries to the Superior Court Judges of the Circuit of which they are a part, and the county of Fulton to the Judge of the Stone Mountain Circuit, or the Judge of such other Circuit as may hereafter be required to regularly preside therein, for additional services rendered in the Superior Court of Fulton county, such sums as will with the salaries paid each Judge from the State Treasury, make a salary of $5,000.00 per annum to each Judge; and said payments are declared to be a part of the Court expenses of such counties, such payments to be made to the Judges now in office as well as their successors. Salaries of judges of Superior Courts of Chatham Richmond and Fulton counties and of the Stone Mountain Circuit. The Act of the General Assembly of 1904 entitled An Act to regulate the salaries of Judges of the Superior Courts of all Judicial Circuits of this State having, or that may hereafter have therein a city with a population of not less than 54,000, nor more than 75,000 inhabitants, and for other

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purposes, with the Acts of the General Assembly of 1905 and 1906 amendatory thereof; and also the Act of the General Assembly of 1906, entitled An Act to Regulate the Compenation of Judges of the Superior Courts for services rendered outside of their own Circuits in those Judicial Circuits of the State having therein a city of not less than 75,000 inhabitants according to the Census of 1900, and for other purposes, which Acts provide for the payment from the treasuries of the counties containing said cities to the judges aforesaid of a part of their salaries, are ratified, validated and confirmed as to the dates of said respective enactments. Acts providing for payment of said salaries, ratified. SEC. 2. Be it further enacted by the authority aforesaid, That when the above and foregoing amendment has been agreed to by two-thirds of the members of each House of the present General Assembly, it shall be the duty of the Governor, and he is hereby directed to cause the same to be published in one or more newspapers in each Congressional District in this State, two months before the next general election; and the Governor of this State is further required and directed, after having said amendment so published as aforesaid, to submit the same to the people at the next general election for the ratification or rejection. The form of such submission shall be as follows, to-wit: Ratification of proposed amendment. For ratification of amendment to Paragraph 1, Section 13, Article 6, of the Constitution. Against ratification of amendment to Paragraph 1. Section 13, Article 6, of the Constitution. Approved August 3, 1910.

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COUNTIES MAY LEVY TAXES FOR EDUCATIONAL PURPOSES. No. 347. An Act to amend Paragraph 2, Section 6, Article 7, of the Constitution of the State of Georgia, by striking from said Paragraph 2, the following: In instructing children in the elementary branches of an English education only, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Paragraph 2 of Section 6, Article 7, of the Constitution of this State be, and the same is, hereby amended by striking from said Paragraph 2, Section 6, Article 7, the following words, in instructing children in the elementary branches of an English education only. So that when said Paragraph is amended it will read as follows: The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except for educational purposes, to build and repair the public buildings and bridges; to maintain and support prisoners; to pay jurors and coroners, and for litigation, quarantine, roads and expenses of courts; to support paupers and to pay debts heretofore existing. Taxation by counties for educational purposes. SEC. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same has been entered upon their Journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each Congressional

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District in this State for the period of two months next preceding the time of holding the next general election. Advertisement of proposed amendment. SEC. 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided in the 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 said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For amendment of Paragraph 2, Section 6, Article 7, permitting counties to levy taxes for educational purposes, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words Opposed to amendment of Paragraph 2, Section 6, Article 7, permitting counties to levy taxes for educational purposes. Ratification of proposed amendment. SEC. 4. Be it enacted, That the Governor be, and he is hereby authorized and directed to provide for the submission of the amendment proposed in this Act to a vote of the people, as required by the Constitution of this State in Paragraph 1, of Section 1, of Article 13, and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State to whom the returns shall be referred, in the manner as in cases of elections of members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers in this State, announcing such result and declaring the amendment ratified. announcement of ratification.

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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 4, 1910.

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TITLE IV. CODE AMENDMENTS. ACTS. Hopkins Code Adopted. Volume 1, Section 982, State Depository in Canton. Volume 1, Section 982, State Depository in Edison. Volume 1, Section 982, State Depository in Gordon. Volume 1, Section 982, State Depository in Ringgold. Volume 1, Section 574, Who Subject to Road Duty. Volume 2, Section 2059, Fees Paid by Fire and Storm Assessment Insurance Companies. Volume 2, Section 2388, Location of Building and Loan Associations. Volume 2, Section 5182, Books of Account of Farmers, et al. Volume 2, Section 5261, Fees of Witnesses, How Paid. Volume 3, Section 671, Removal of Mortgaged Property. Volume 3, Section 194, Conversion of Property. Volume 3, Section 377, Bigamy, Punishment for. HOPKINS CODE ADOPTED. No. 542. An Act to adopt and make of force the Code of Laws prepared by John L. Hopkins and certified to the Governor by the Commission appointed as provided by the Act of the General Assembly, approved August 14, 1909, to provide for the printing and publication of the same, and for other purposes. SECTION. 1. Be it enacted by the General Assembly of the State of Georgia, That the Code of Laws prepared by

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John L. Hopkins and examined and certified to and delivered to the Governor by the Commission ereated by Act of the General Assembly, approved August 14, 1909, be, and the same is, hereby adopted and made of force as the Code of Georgia. Code prepared by John L. Hopkins adopted. SEC. 2. Be it further enaeted by the authority aforesaid, That said Code shall be printed and published in two volumes. The first volume shall contain the laws relating to the political and public organization of the State, the Civil Code, the Code of Practice, the rules of the Supreme Court, the Court of Appeals and the Superior Courts, and the Constitutions of the State and of the United States. The second volume shall contain the penal laws, the laws in regard to the employment of convicts, the military laws and the Pension laws. There shall be a separate index for each volume. How published. SEC. 3. Be it further enacted by the authority aforesaid, That the Governor, the Comptroller-General, and the Attorney-General be authorized, and they are hereby directed, to contract for and procure the printing and binding of ten thousand copies of said Code. They shall have the work done on the best terms they can get for the State, giving special consideration to the reliability and punctuality of the contractor, the cost and character of the work and its completion at an early date. They shall have authority to employ such competent person to read the proofs as the forms are set up to insure accuracy in the publication of the work. Commission to print. SEC. 4. Be it further enacted by the authority aforesaid, That the Governor have the Code copyrighted for the benefit of the State. Copyright.

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SEC. 5. Be it further enacted by the authority aforesaid, That the Librarian shall sell said Code for cash at actual cost to the State, and deposit the money thus received each day in the State Treasury; but the Librarian shall not sell said Code to any person who desires the same for re-sale or for speculation. Sale of Codes. SEC. 6. Be it further enacted by the authority aforesaid, That the sum of thirty thousand dollars, or so much thereof as may be needed, be and the same is hereby appropriated to pay for the publication and binding of said Code and other expenses incident thereto, which shall be paid on warrants drawn by the Governor, specifying for what such payment is made. Appropriation to pay for publication. SEC. 7. Be it further enacted, by the authority aforesaid, That all laws in conflict with this be, and the same are, hereby repealed, except those laws passed during the session of the General Assembly of 1910. Approved August 15, 1910. CANTON, STATE DEPOSITORY IN. No. 370. 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 therein named as State depositories and the several Acts amendatory thereof, so as to add the city of Canton, in Cherokee county, State of Georgia, to the list of such cities and towns, 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 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 thereof, be, and the same are, hereby amended so as to add the city of Canton, in Cherokee county, to the list of such cities and towns. State depository in Canton. 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 5, 1910. EDISON, STATE DEPOSITORY IN. No. 425. An Act to amend Section 982, 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 city of Edison, in the county of Calhoun and the State of Georgia, to the list of such cities and towns. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 982, of Volume I of the Code of 1895, providing for the selection by the Governor of banks in certain

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cities and towns therein named as State Depositories, and the several Acts amendatory thereof, be, and the same are, hereby amended so as to add the city of Edison, of Calhoun county and State of Georgia, to the list of such cities and towns. State depository in Edison. 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 12, 1910. GORDON, STATE DEPOSITORY IN. No. 312. 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 Gordon, in the county of Wilkinson, to the list of such cities and towns, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by 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 thereof 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 Gordon, in the county of Wilkinson, Georgia, to the list of such cities and towns. State depository in Gordon.

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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 July 28, 1910. RINGGOLD, STATE DEPOSITORY IN. No. 484. An Act to amend Section 982, Volume 1, Code of 1895, so as to make the city or town of Ringgold, Catoosa county, Georgia, a State depository, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, 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 of Georgia amendatory thereof, be, and the same are, hereby amended so as to add the town of Ringgold, in Catoosa county, Georgia, to the list of cities and towns already listed. State depository in Ringgold. SEC. 2. 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 13, 1910.

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WHO SUBJECT TO ROAD DUTY. No. 557. An Act to amend Section 574 of Volume 1, Code 1895, by striking the word sixteen in the second line of said Section and inserting in lieu thereof, the word twenty-one, 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 574, of Volume 1 of the Code of 1895 be, and the same is, hereby amended by striking the word sixteen in the second line of said Section, and inserting in lieu thereof the word twenty-one, so that said Section when so amended shall read as follows: Section 574. Who Subject to Road Duty. Each male citizen between the ages of twenty-one and fifty years shall be subject to road duty (except those who are now exempt by law), and shall be required when notified or summoned to work the public roads of the county of his residence for such length of time in each year as may be fixed, or to pay such commutation tax as may be fixed by said authorities; provided, that no one shall be required to work for longer than ten days in any one year, nor shall said commutation tax be fixed at a sum that will amount to more than fifty cents per diem for the number of days work required. Who subject to road duty. 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 15, 1910.

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FEES PAID BY FIRE AND STORM ASSESSMENT INSURANCE COMPANIES. No. 311. An Act to fix the fees to be paid by local Fire and Storm Assessment Insurance Companies doing business in four counties or less, or operated by independent divisions, composed of four counties or less, in lieu of the fee fixed in Section No. 2059 of Volume two of the Code of 1895, as amended by Act of the General Assembly, approved August 16, 1909, 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 Fire and Storm Assessment Insurance Companies in the State of Georgia, the business of which is confined to four counties or less, or operated by independent divisions composed of four counties or less, shall pay to the Insurance Commission a fee of twenty-five dollars, in lieu of two hundred dollars, as now required to be paid, under Section 2059 of the Code as amended by Act, approved August 16, 1909. Fire and storm assessment insurance companies, license fee. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 28, 1910. LOCATION OF BUILDING AND LOAN ASSOCIATIONS. No. 520. An Act to amend and construe an Act approved August 23, 1905, entitled an Act to amend Section 2388 of the Civil

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Code of Georgia of 1895, so as to construe the meaning of the words situated in the county in which said building and loan association may be located, occurring in the last clause of the first Section of 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 authority of the same, That an Act entitled An Act to amend Section 2388 of the Civil Code of Georgia of 1895, and approved August 23, 1905, shall be and the same is hereby amended by adding after the word located, occurring in the last line of the first Section of said Act the words: And such building and loan association shall be construed to be located in any county wherein it has an office, agent or resident correspondent; so that said Act when amended shall read as follows: Location of building and loan associations. All building and loan associations, and other like associations doing business in this State, are authorized to lend money to persons not members thereof, nor shareholders therein, at eight per cent. or less, and to aggregate the principal and interest at the date of the loan for the entire period of the loan, and to divide the sum of the principal and the interest for the entire period of the loan into monthly or other installments, and to take security by mortgage with waiver of exemption, or title, or both, upon and to real estate situated in the county in which said building and loan association may be located; and such building and loan association shall be construed to be located in any county wherein it has an office, agent or resident correspondent.

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SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910. BOOKS OF ACCOUNT OF FARMERS, ET AL. No. 309. An Act to amend Section 5182 of the Code of Georgia of 1895, in reference to the admission of books of accounts in evidence in the courts of this State in the trial of all cases by inserting after the word blacksmith in the second line of said Section the words farmer, dairyman and planter, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, Section 5182 of the Code of Georgia of 1895, is hereby amended by inserting after the word blacksmith in the second line of said Section the words farmer, dairyman, and planter, so that said Section when amended will read as follows, to-wit: The books of account of any merchant, shopkeeper, physician, blacksmith, farmer, dairyman, planter, or other person doing a regular business and keeping daily entries thereof, may be admitted in evidence as proof of such accounts, upon the following conditions: Books of accounts of farmers, dairyman and planters admissible in evidence. 1. That he kept no clerk, or else the clerk is dead or otherwise inaccessible, or for any reason the clerk is disqualified from testifying.

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2. Upon proof (the party's oath being sufficient), that the book tendered in his book is his book of original entries. 3. Upon proof (by his customers), that he usually kept correct books. 4. Upon inspection by the Court to see if the books are free from any suspicion of fraud. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 28, 1910. FEES OF WITNESSES, HOW PAID. No. 483. An Act to amend Section 5261 of Volume 2 of the Code of Georgia of 1895, which Section provides for the payment of witness fees, by adding to the end of said Section a provision requiring that witnesses in certain counties be paid their fees out of the county 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 the authority of the same, That from and after the passage of this Act Section 5261, of Volume 2 of the Code of Georgia of 1895, which Section provides for the payment of witness fees, be, and the same is, hereby amended by adding the following to the end of said Section, provided, however, that in counties with an area of not less than a thousand

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and seventy square miles, according to the Hudgins Company's new Survey Map of Georgia, witnesses on behalf of the State residing more than five miles from the court they are required to attend, and residing in the county, in any court of record upon proof as in this Section provided, filed with the county Treasurer, shall be paid their fee out of county Treasury, and such fees shall be fixed in bill of cost, and when collected shall be paid in the county Treasury. Fes of the State's witnesses, how paid. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1910. REMOVAL OF MORTGAGED PROPERTY. No. 546. An Act to amend Section 671 of Volume 3 of the Code of 1895, relative to the wrongful sale of mortgaged property, by inserting after the word property and before the word before in the third line of said Section, the following words, to-wit: Or remove said property or cause the same to be removed beyond the limits 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, Section 671 of Volume 3 of the Code of Georgia of 1895 be, and the same is, hereby amended by inserting after the word property and before the word before in the third line of said Section

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the following words, to-wit: Or remove said property or cause the same to be removed beyond the limits of this State, so that Section when so amended shall read as follows: If any person after having made a mortgage deed to personal property, shall sell or otherwise dispose of said property, or cause the same to be removed beyond the limits of this State, before the payment of the mortgage debt, without the consent of and with intent to defraud the mortgagee, and loss shall thereby be sustained by the holder of the mortgage, the offender shall be punished as for a misdemeanor. Removal of mortgaged property, 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 15, 1910. CONVERSION OF PROPERTY. No. 435. An Act to alter and amend Section 194 of Volume 3 of the Code of 1895 in reference to the punishment of the offense of lareeny after trust. SECTION 1. Be it enacted by the General Assembly of Georgia, That Section 194 of Volume 3 of the Code of 1895 be, and the same is, hereby amended by adding to said Section after the word years at the end of the last sentence thereof, the following: Conversion of property penalty for.

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Except that where the money, note, bill of exchange, bond, check, draft, order for the payment of money, cotton or other produce, or any other article or thing of value, so fraudulently converted does not exceed fifty ($50.00) dollars in value, the punishment shall be as for a misdemeanor. SEC. 2. Be it enacted, That all laws or parts of laws in conflict herewith are hereby repealed. Approved August 12, 1910. BIGAMY, PUNISHMENT FOR. No. 473. An Act to amend Section 377 of Volume 3 of the Penal Code of 1895, which defines the crime of Bigamy, so as to fix the maximum punishment for said crime at ten years in the penitentiary, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act Section 377 of Volume 3 of the Penal Code of 1895, which reads as follows: If any person being married shall marry another person, the lawful husband or wife being alive and knowing that such lawful husband or wife is living, such person so offending shall be punished by confinement at labor in the penitentiary for not less than two years nor longer than four years, and the second marriage shall be void, be amended by striking out the words nor more than four years and inserting in lieu thereof, the words nor longer than ten years, so that Section when amended shall read as follows: Bigamy, punishment for.

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If any person being married shall marry another person, the lawful husband or wife being alive and knowing that such lawful husband or wife is living, such person so offending shall be punished by confinement at labor in the penitentiary for not less than two years nor longer than ten years, and the second marriage shall be void. 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, 1910.

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TITLE V. SUPERIOR COURTS. ACTS. Toombs Circuit Created. Dawson Superior Court, Terms of. Superior Courts of Dougherty and Mitchell Counties, Terms of. Hart Superior Court, Terms of. Emanuel Superior Court, Terms of. Liberty Superior Court, Terms of. Mariou Superior Court, Terms of. Whitfield Superior Court, Terms of. TOOMBS CIRCUIT CREATED. No. 409. An Act to create a new Judicial Circuit, to provide a Judge and Solicitor-General for said Cireuit, and for other purposes. SECTION 1. Be it, and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the first day of January, 1911, a new Judicial Circuit be, and the same is, hereby created, to be known as the Toombs Circuit, and to be composed of the Superior Courts of the counties of Glascock, Lincoln, Taliaferro, Warren, and Wilkes. Toombs Circuit created. SEC. 2. Be it further enacted by the authority aforesaid, That the offices of Judge and Solicitor-General of the Superior Courts of the Toombs Circuit be, and the same

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are, hereby created; such officers to have the same jurisdiction, powers, and salaries as the Judges and Solicitors-General of each of the other Circuits of said State. Judge and Solicitor-General. SEC. 3. Be it further enacted by the same authority, That the several Solicitors-General of this State, now holding office in the counties by this Act removed from their Judicial Circuits, shall continue to discharge the duties of their respective offices in said counties for and during the term of their present service, and shall be entitled to all the fees and emoluments appertaining thereto as now provided by law. Solicitors-General duties of, to continue. SEC. 4. Be it further enacted by the same authority, That for the Toombs Judicial Circuit, provided for by this Act, the Governor of this State shall appoint a Judge to exercise the functions of his office from the passage of this Act until his successor is elected and qualified as now provided by law for the election of Judges in the several Judicial Circuits of the State, and such Judge shall receive the same compensation as is now provided by law for other Judges of the Superior Courts, and such salary shall be paid in the same manner as is now provided by law. Judge, appointment of. SEC. 5. Be it further enacted, That all the litigation now pending in the counties of the new created Circuit, together with the books and records of the Superior Courts in each of said counties, are hereby transferred to the Toombs Circuit. Pending litigation transferred to new Circuit. SEC. 6. Be it further enacted by the same authority That the courts of the counties of the Toombs Circuit shall be held quarterly, as follows: Lincoln, fourth Mondays in April, July, October and January; Glascock, third Mondays

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in February, May, August and November; Taliaferro, fourth Mondays in February, May, August and November; Warren, first Mondays in April, July, October and January; Wilkes, first Mondays in May, August, November and February. Provided, however, That the grand juries of the counties of this Circuit shall not be convened except for the spring and fall terms of the court, unless in the discretion of the presiding judge it shall be deemed expedient to call a special session of the grand jury at some other term. Terms of Courts. 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 12, 1910. DAWSON SUPERIOR COURT, TERMS OF. No. 398. An Act to change the time of holding Dawson Superior Court, so as to provide that the spring term of said Court shall be held on the second Monday in March, instead of February, 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 spring term of Dawson Superior Court shall be held on the second Monday in March of every year instead of the second Monday in February, as now provided by statute. Dawson Superior Court, spring term.

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SEC. 2. Be it further enacted, That the time for holding the August term of Dawson Superior Court shall not be affected by this Act. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1910. SUPERIOR COURTS OF DOUGHERTY AND MITCHELL COUNTIES, TERMS OF. No. 393. An Act to change the time of holding the Superior Courts of Dougherty and Mitchell counties, Albany Judicial 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 regular spring and fall terms of Dougherty Superior Court, Albany Judicial Circuit, shall be changed from the first Monday in April and the first Monday in October of each year to the fourth Monday in March and the fourth Monday in September of each year, and the regular spring and fall terms of Mitchell Superior Court, Albany Judicial Circuit, shall be changed from the third Monday in April and the third Monday in October of each year to the second Monday in April and the second Monday in October of each year, provided, that nothing herein contained shall affect any adjourned or special terms of either

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of said courts which have, prior to the passage of this Act, been ordered. Terms of Superior Courts in Dougherty and Mitchell counties. SEC. 2. Be it further enacted by the authority aforesaid, That said Superior Courts of Dougherty and Mitchell counties shall each 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 deemed necessary to complete the business of said courts. SEC. 3. Be it further enacted by the authority aforesaid, That all writs, processes, summons, subp[oelig]nas, bail bonds, true bills and all other processes and proceedings of all kinds returnable to the regular terms of said Dougherty and Mitchell Superior Courts, as fixed by law prior to the passage of this Act, 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 regular terms of said Superior Courts, as fixed by law prior to the passage of this Act, shall be required to attend the terms of said Superior Courts as fixed and prescribed by this Act. Writs, etc. how returned. 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, 1910. HART SUPERIOR COURT, TERMS OF. No. 314. An Act to change the time of holding the Superior Courts in and for the county of Hart, from the third Mondays in March and September of each year to the second

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Mondays in April and October of each year, 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 time of holding the Superior Courts in and for the county of Hart be, and are, hereby changed from the third Mondays in March and September of each year to the second Mondays in April and October of each year. Hart Superior Court, terms of. SEC. 2. That all proceedings, bills, writs and summons, subp[oelig]nas, bail bonds, mesne and final processes and other proceedings of whatsoever kind, now returnable and pending in said courts as the terms are now provided, shall hold good and relate to the terms of said courts as provided for in this Act. Writs etc., how returnable. SEC. 3. Be it further enacted, that all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 3, 1910. EMANUEL SUPERIOR COURT, TERMS OF. No. 406. An Act to provide for two weeks' session of the Superior Court of Emanuel county, for the drawing of traverse juries of said session, to validate panels of traverse jurors already drawn for the October term, 1910, 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, That from and after the passage of this Act the time of the holding of the fall term of the Superior Court of Emanuel county shall be held to begin on the second Monday of October 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 second Monday in April in each year and remain in session for a period of two weeks, if necessary, to dispose of said business pending in said court. Emanuel Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That separate travers 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 October term, 1910, 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 from the first week summoned, to serve the second week of the session. Traverse Juries. SEC. 3. Be it further enacted, That all writs, processes, summons, orders and other proceedings, heretofore or hereafter issued or made returnable to, or pertaining to the October term, 1910, of said court, shall be deemed and held returnable and pertaining to said October term, 1910, convening on the said second Monday in October, 1910. Writs etc. returnable. 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, 1910.

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LIBERTY SUPERIOR COURT, TERMS OF. No. 310. An Act to repeal an Act to change the time of holding the fall term of the Superior Court of Liberty county, in the Atlantic Circuit, approved August 14, 1909. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That said Act changing the time of holding the fall term of the Superior Court of Liberty county to the fourth Monday in October, be so changed as to read as follows: 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 fourth Monday in October to the third Monday in September 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 October term of said court, are hereby made returnable to the September 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 October term of said court and as now fixed by law, shall be required to attend the September term of said court as fixed and provided by this Act. Writs etc., how returnable. 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 28, 1910.

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MARION SUPERIOR COURT, TERMS OF. No. 469. An Act to change the time of holding the Superior Court of Marion county, in the Chattahoochee Circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That from and after the first day of January, 1911, the time of holding the Superior Court for the county of Marion in the Chattahoochee Circuit, shall be changed from the fourth Mondays in April and October to the fourth Mondays in March and September. Marion Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all writs and processes, orders and summons, subp[oelig]nas, bail bonds, and all processes and proceedings of all kinds returnable to said court prior to the first day of January, 1911, shall be held and considered as returnable to the terms as herein fixed and prescribed; and all jurors and witnesses drawn or summoned to attend any term of said court as now fixed by law shall be required to attend the corresponding term as fixed and provided by this Act. Writs etc., how returned. 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, 1910.

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WHITFIELD SUPERIOR COURT, TERMS OF. No. 336. An Act to increase the number of terms of the Superior Court of Whitfield 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 first day of January, 1911, the number of terms of Whitfield Superior Court is hereby increased from two to four terms, so that thereafter said terms shall commence and said Superior Court shall be held on the first Monday in January, the first Monday in April, the fourth Monday in July, and the second Monday in October, of each year. Whitfield Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all causes which have been or shall be brought to the October, 1910, term of said court, which are not by law triable at said term, shall stand for trial at the January, 1911, term thereof. Except as otherwise provided by law, all cases shall be triable at the second term, as said terms exist under this Act. Trial of pending cases. SEC. 3. Be it further enacted by the authority aforesaid, That grand juries shall be drawn and shall serve in said court at the April and October terms only, but the right of the Judge to summon a grand jury specially shall not be changed hereby. Grand juries. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting herewith be, and the same are, hereby repealed. Approved August 3, 1910.

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TITLE VI. MISCELLANEOUS. ACTS. President of Board of Trustees of State Normal School. Boards of Trustees for Branch Colleges of University. County School Commissioners, Vacancies, How Filled. Payment of Teachers by County Boards of Education. Public Roads, How Opened and Maintained. Prisoners on Farms May be Employed on Public Works. Court Costs in Misdemeanor Cases, How Paid. Cotton Seed Meal, How Branded. Food Inspector, Appointment, Salary and Duties. Inspection of Fertilizers and Feed-Stuffs. Indemnity for Material and Labor Used in Public Work. Official County Newspapers, How Selected. Sanitary Conditions of Hotels and Inns Prescribed. Automobiles, Etc., Use of Regulated. Electric Railroad or Power Companies, Consolidation of. Trust Companies, Powers of, How Acquired. Sinking Funds of Municipalities, How Protected. Capital Stock, Lost Certificates, How Established. Corporations, How Dissolved. Railroad Corporations, Charters of, How Forfeited. Stationary Engines or Boilers, License to Run. Municipal Elections, Managers of. Minors, Employment of as Messengers Regulated. Court Costs in Criminal Cases, How Paid. Removal of Property, Held Under Conditional Sale. Judgments, Dormancy and Revival. County Tax Collectors, Required to Keep Cash Book. Pension Commissioner, Continuance of Office. State Veterinarian, Appointment, Etc. Georgia Reports, Re-Publication of. Georgia State Sanitarium, Training School for Nurses. Nurses for County Jail Hospitals. Cemeteries, Etc., Outside of Municipalities, How Established. Government Road in Walker County, Jurisdiction Over Ceded. Betting on Elections Prohibited. Pistols, Carrying of Prohibited. Safes, Vaults, Etc., Tools for Opening, Possession of. Shooting at Houses, Prohibited. Hotels and Boarding Houses, Protection of.

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PRESIDENT BOARD OF TRUSTEES OF STATE NORMAL SCHOOL. No. 316. An Act to make the President of the Board of Trustees of the State Normal School ex-officio a member of the Board of Trustees of the University of Georgia: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the president of the Board of Trustees of the State Normal School at Athens shall be ex-officio a member of the Board of Trustees of the University of Georgia. President of board of trustees of State Normal School. 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 3, 1910. BOARDS OF TRUSTEES FOR BRANCH COLLEGES OF UNIVERSITY. No. 315. An Act to authorize the Chairman of the Board of Trustees of the University of Georgia, upon the passage of this Act and biennially thereafter, to designate and appoint not exceeding three members from said Board of Trustees upon each of the Boards of the branch Colleges of the University of Georgia, to-wit, The Georgia State College of Agriculture, the Georgia School of Technology, the State Normal School, the Georgia Normal and Industrial College, the North Georgia Agricultural College, at Dahlonega, the Georgia State Industrial College for

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Colored Youths; and when so designated, said Trustees shall be ex-officio members of the several and respective Boards, and during the term of their appointment, and until their successors are designated and qualified, shall be clothed with all the powers, rights and duties pertaining and incident to said trust. 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 Chairman of the Board of Trustees of the University of Georgia, upon the passage of this Act and bi-ennially thereafter be, and he is, hereby authorized and empowered to designate and appoint not exceeding three members from said Board of Trustees, upon each of the Boards of the branch Colleges of the University of Georgia, to-wit, the Georgia State College of Agriculture, the Georgia School of Technology, the State Normal School, the Georgia Normal and Industrial College, the North Georgia Agricultural College, at Dahlonega, the Georgia State Industrial College for Colored Youths; and when so designated and appointed said Trustees shall be ex-officio members of the several and respective Boards, and during the term of their appointment and until their successors are designated and qualified, shall be clothed with all the rights, powers and duties pertaining or incident to said trust. Membership of boards of trustees of branch colleges of the State University. 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 5, 1910.

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COUNTY SCHOOL COMMISSIONERS, VACANCIES, HOW FILLED. No. 511. An Act to amend an Act approved August 16, 1909, providing for the election of County School Commissioners by the people, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 4 of said Act be amended by striking from Section 4 all the words thereof after the word term in the seventh line and substituting the words and in such case the provisions of Section 2 hereof shall not apply, so that said Section as amended will read as follows: Section 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, and in such case the provisions of Section 2 hereof shall not apply. County School Commissioners, vacancies in office of, how filled. 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 15, 1910. PAYMENT OF TEACHERS BY COUNTY BOARDS OF EDUCATION. No. 296. An Act to allow county Boards of Education to borrow money to pay the salaries of the public school teachers

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of their counties when necessary, to provide for the handling and payment of the money so borrowed, to provide for the keeping records of the money so borrowed, and for making reports 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 county Boards of Education of the several counties of this State shall have the power and authority whenever they deem it necessary, to borrow a sufficient amount of money, and no more, to pay the salaries of the teachers in the public schools of their counties; provided, however, that no Board of Education shall have the right to borrow money to pay the salaries of the public school teachers of said county, for any time except the current school year in which it is so borrowed. Provided, That no Board of Education shall have authority under this Act to borrow a sum of money greater in the aggregate than the sum to which the county may be entitled from the public school fund. County Boards of education may borrow money to pay teachers. SEC. 2. Be it further enacted, That in order for any Board of Education to borrow money for the purpose hereinbefore stated, there shall be passed by said Board a resolution authorizing said money to be borrowed, in which resolution it shall be stated the amount of money to be borrowed, the length of time the same is to be used, the rate of interest to be paid and for what purpose borrowed and from whom the same is to be borrowed, which resolution shall be by the County School Commissioner recorded on the minutes of the meetings of said Board of Education. Resolution by board to borrow. SEC. 3. Be it further enacted, That no money shall be borrowed for any longer time than is necessary, and the

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same shall be paid back out of any funds coming into the hands of the County School Commissioner that can be legally applied to the payment of the same. Term of loan. SEC. 4. Be it further enacted, That said Board of Education so borrowing money shall borrow the same at as low a rate of interest as possible, and they are authorized to pay the interest on said money out of the public school fund for said county. Rate of interest. SEC. 5. Be it further enacted, That at the spring term of the Superior Court of each county in this State where money has been borrowed by the Board of Education under the provisions of this Act, the County School Commissioner shall include in his report to the grand jury the amount of money so borrowed during the preceding year, from whom borrowed, the rate of interest paid, the date or dates the same was borrowed, and when paid back. Reports to grand juries. SEC. 6. Be it further enacted, That after the resolution aforesaid has been passed by any Board of Education, the President of the Board of Education together with the County School Commissioner, shall have the right to execute a note or notes in the name of the Board of Education of said county, for any money that is authorized to be borrowed, under the resolution passed by said Board of Education. Notes for borrowed money, by whom signed. SEC. 7. Be it further enacted, That when any money shall be borrowed under the provisions of this Act, the same shall be paid over to the County School Commissioner and become a part of the public school fund of said county, and the same shall be by the County School Commissioner paid out to the teachers of said county, and the County School Commissioner shall be responsible for any money borrowed under authority of this Act and paid into his

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hands in the same way and to the same extent that he is responsible for any other public school funds coming into his hands. Money borrowed how used. 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 15, 1910. PUBLIC ROADS, HOW OPENED AND MAINTAINED. No. 396. An Act to authorize County Commissioners, in counties having one hundred and twenty-five thousand inhabitants, or over, to open, lay out, widen and maintain public roads of, and to such width as they may determine, and to give authority to condemn land for the opening or widening of such roads, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That in counties of this State having one hundred and twenty-five thousand inhabitants or more, County Commissioners thereof, in opening and laying out new public roads, may open and lay them out in such width as their discretion may dictate, and may thereafter maintain them in their full width as the present roads of said counties are maintained. Public roads, how opened and maintained. SEC. 2. Be it further enacted, That said Commissioners in said counties may widen the present roads of said counties to such width as their discretion may dictate, and after being widened said roads may be maintained to their new width as the public roads of said counties are now maintained. May be widened.

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SEC. 3. Be it further enacted, That for the purpose of laying out, opening and widening roads, said County Commissioners shall have the same power to condemn land therefor as such Commissioners now have to condemn land for road purposes. Condemnation of land. 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, 1910. PRISONERS ON FARMS MAY BE EMPLOYED ON PUBLIC WORKS. No. 440. An Act to amend an Act approved August 16, 1909, amending the Act approved August 14, 1908, authorizing the establishment and use of farms as places of confinement for certain persons, by providing for the working of certain of the prisoners thereat on the public works of the county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That persons sentenced or transferred to the farm for more rigid discipline under the provisions of Section 9 of said amendatory Act, approved August 16, 1909, may be worked either at said farm or on the public works as the County Commissioners may, in their discretion, direct, provided such persons shall not be required to work together with convicts wearing stripes or chains. Prisoners on State farm, how worked.

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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 12, 1910. COURT COSTS IN MISDEMEANOR CASES, HOW PAID. No. 410. An Act to provide for the payment, by counties in this State having a population, according to the Census of 1900, of not less than 24,890 nor more than 24,995, and in counties having populations of not less than 22,625, nor more than 22,675, of actual cost incurred in the Superior Courts and City Courts for the trial and conviction of misdemeanor convicts worked by the said counties upon the public roads of same. 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, in all counties in the State having, according to the United States census for 1900, a population of not less than 24,890 nor more than 24,995, and in counties having populations not less than 22,625 nor more than 22,675, and which said counties operate and maintain a chain-gang for work upon the public roads of the same, the County Commissioners or other county officer having charge of the fiscal affairs of said county shall, upon receipt of misdemeanor convicts which have been convicted in the Superior or City Courts of said counties, pay to the officers of said courts out of the

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county treasury as compensation for services rendered in the trial and conviction of said convicts so delivered, their legal fees and costs as fixed by law, in said cases only. The costs and fees of justices of the peace and constables in said case shall also be paid by said authority. Court Costs in misdemeanor cases, how paid. 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, 1910. COTTON SEED MEAL, HOW BRANDED. No. 292. An Act to require all cotton seed meal sold in the State of Georgia to be branded according to its grade or quality. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, all manufacturers, dealers or manipulators who shall offer any cotton seed meal for sale in this State, either as a fertilizer or as a feed stuff, shall brand upon or attach to the packages in which such meal is offered for sale, the grade or quality of the same. Cotton seed meal, how branded. SEC. 2. Be it further enacted, That there shall be three grades of cotton seed meal, known as High Grade, Standard Grade, and Low Grade. High Grade meal must contain 6.60 per cent. of nitrogen (equivalent to eight per cent. of ammonia) as a minimum before it shall be entitled to bear the brand of High Grade. Standard meal must contain six

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and [UNK] per cent. nitrogen (equivalent to 7 per cent. of ammonia) as a minimum before it shall be entitled to the brand of Standard Grade. All cotton seed meals containing less than six and [UNK] per cent. of nitrogen (equivalent to 7 per cent. of ammonia), shall be branded Low Grade before being offered for sale in this State. Provided, That Low Grade shall not contain less than six (6) per cent. of ammonia, and provided, further, that all meal made from Sea Island Cotton shall be branded Sea Island Cotton Seed Meal, and the guaranteed analysis shall not be less than four and one-half (4) per cent. of ammonia, and the same shall be printed upon the package. High grade, Standard and low grade. Sea Island cotton seed meal. It is further enacted, That the words High Grade, Standard Grade and Low Grade, when branded upon or attached to the package containing the cotton seed meal shall be printed just above all other guarantees or descriptions of said meal, and in type larger than any other descriptive words or matter branded upon or attached to such package. SEC. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the Commissioner of Agriculture to take all steps necessary to make this Act effective. Commissioner of agriculture. SEC. 4. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor and on conviction shall be punished as prescribed in Section 4310 of the Code of Georgia of 1882. Violations of this Act, how punished. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 8, 1910.

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FOOD INSPECTOR, APPOINTMENT, SALARY AND DUTIES. No. 489. An Act to amend An Act amendatory of and to more thoroughly carry into effect the provisions of an Act entitled `An Act to prevent the adulteration, misbranding and imitation of food for man and beast, of beverages, candies and condiments, of medicines, drugs and liquors, or the manufacture or sale thereof in the State of Georgia, prescribing a penalty for the violation thereof, and for other purposes, approved August 17, 1908; by changing Section 3 of said Act in striking the word fifteen in line eight, and substituting in lieu thereof the words twenty-five, so that when so amended said Section 3 will read as follows: Section 3. Be it further enacted, That Section 10 of the Food and Drugs Act of Georgia is hereby amended so as to read as follows: `Be it further enacted, That as soon as this Act becomes effective, the Commissioner is authorized to appoint by and with the advice and consent of the State Chemist a chief Food Inspector for the State of Georgia, who shall receive a salary not to exceed twenty-five hundred dollars per annum, and actual expenses while discharging his duty. His whole time shall be at the disposal of the Commissioner of Agriculture, and his duty shall be to travel about the State as directed and take samples of such articles as directed, and forward them to the Department of Agriculture for scientific examination and analysis.' 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. Chief Food Inspector, appointment, salary and duties. Approved August 13, 1910.

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INSPECTION OF FERTILIZERS AND FEED-STUFFS. No. 516. An Act to increase the efficiency of the inspection of fertilizers and feed-stuffs by authorizing the employment of additional assistants in the office of the State Chemist, and increased laboratory facilities, 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 five thousand dollars, ($5,000), or as much thereof as may be necessary, is hereby appropriated annually in addition to that already appropriated, out of any funds not otherwise appropriated, and the Governor is authorized and directed to issue his warrant on the Treasurer therefor, for additional assistants, maintenance of laboratory, purchase of chemicals and all other necessary expenses in connection with the analysis of fertilizer and feed-stuffs, to be expended as follows: $3,000 to employ additional experts and assistants, $2,000 for equipment and maintenance of laboratory, purchase of chemicals and all other necessary expenses incidental to the chemical analysis of fertilizer and feed-stuffs. Inspection of fertilizers and feed stuffs. Appropriation for. 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 15, 1910.

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INDEMNITY FOR MATERIAL AND LABOR USED IN PUBLIC WORK. No. 482. An Act for the protection of persons furnishing material and labor for the construction of public works, 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 hereafter any person, firm or corporation entering into a contract with this State or a county or municipal corporation thereof for the repair, construction or prosecution of any public building or public work, shall be required before commencing such work, to execute a bond, payable to the State, county or municipal corporation, with good and sufficient surety, approved in writing by the authority having charge of the making of such contract, conditional that such contractor or contractors shall promptly make payment to all persons supplying him or them with labor or material, or both, in the execution of the work provided for in such contract. Bonds of contractors to pay for material and labor used in public work. SEC. 2. Any person, firm or corporation supplying the contractor with labor or material or both, after the complete performance of their contract, and within a year, shall, upon application therefor, and furnishing affidavit to the authorities under the direction of whom said work has been prosecuted, that labor or material for such work has been supplied by him or them, and that payment for same has not been made, be furnished with a certified copy of said bond, and shall within said period have a right of action thereon, and shall be and are hereby authorized to bring suit on said

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bond in the name of the State, county or municipal corporation for their use and benefit, and to prosecute the same to final judgment and execution. Suits on bonds. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 12, 1910. OFFICIAL COUNTY NEWSPAPERS, HOW SELECTED. No. 525. An Act to regulate the manner of selecting official county newspapers, to provide how same shall be changed, 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 journal or newspaper published in this State shall be declared or made the official organ of any county for the publication of Sheriff's sales, Ordinary's citations or any other advertising commonly known and termed official or legal advertising, and required by law to be published in such county official newspaper unless such newspaper shall have been continuously published and mailed to a list of bona fide subscribers for a period of two years, or is the direct successor of such journal or newspaper, and that no change shall be made in official organship of any county except upon the concurrent action of the Ordinary, Sheriff

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and Clerk of the Superior Court of said county, or a majority of said officers. Provided, That in counties where no journal or newspaper has been established for two years the official organ may be designated by the Ordinary, Sheriff and Clerk of the Superior Court, a majority of these officers governing. Official county newspaper, how selected. SEC. 2. All laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Approved August 15, 1910. SANITARY CONDITIONS OF HOTELS AND INNS PRESCRIBED. No. 527. An Act to enforce better sanitary and safety conditions in certain inns and hotels, to define offenses and violations of this Act and to provide punishment therefor, and for other purposes. SECTION 1. Be it enacted, That it shall be the duty of every hotel or inn keeper in this State covered by this Act, to furnish clean bed linens, unused by any other party since the last laundering thereof, on all beds assigned to the use of any guest or patron of such inn or hotel. Hotels and Inns required to furnish clean bed linens. SEC. 2. Be it further enacted, That it shall be the duty of every hotel or inn keeper covered by this Act to properly screen with wire, cloth or gauze, the doors and windows of the kitchen and dining room, or all openings therein, in such inn or hotel. Screens.

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SEC. 3. Be it further enacted, That it shall be the duty of every hotel or inn keeper in the hotels or inns covered by this Act, to keep the closets, toilet rooms or privies used in connection with such inn or hotel, in a clean and sanitary condition. Closcts, etc. SEC. 4. Be it further enacted, That every hotel or inn of the class herein covered, that is three stories in height or over, shall be provided with a fire escape on the outside of such building connecting on each floor above the first, and accessible to the occupants of all floors above the first, and said fire escape shall be guarded and protected in such way that said guests or patrons of said hotel or inn may have reasonable means of escape in case of fire. Fire escapes. SEC. 5. Be it further enacted, That the hotels or inns covered by this Act shall only include those hotels or inns charging its patrons or guests two dollars per day or upwards. Rates. SEC. 6. Be it further enacted, That any proprietor, lessee, manager or agent of an inn or hotel of the class herein covered, empowered to control the conditions of said inn or hotel, as herein provided, who shall violate the provisions of this Act, shall be guilty of a misdemeanor and punishable therefor. Violations of this Act punishable SEC. 7. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 15, 1910.

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AUTOMOBILES, ETC., USE OF REGULATED. No. 478. An Act to regulate the running of automobiles, locomobiles, and other vehicles and conveyances of like character propelled by steam, gas, gasoline, electricity, or any power other than muscular power, upon the public and private roads of the State of Georgia; to provide for the registration and numbering of the same; to provide for and regulate the use of lights thereon; to provide uniform rules regulating the running and speed thereof; to prohibit intoxicated persons or persons under sixteen years of age from operating them; to prohibit the operation of an automobile without authority of the owner; 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 authority of the same, That from and after September 1, 1910, 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, gas, gasoline, electricity, or any power other than muscular power, and which said vehicle shall hereafter be called machines in this Act, upon or along any public road, street, alley, highway, avenue, turnpike, or any private road or way generally used by the public of this State, except and until such person or persons shall comply with the provisions of this Act. Motor Vehicles, use of regulated. SEC. 2. Be it further enacted by the authority aforesaid, That every person now owning or hereafter acquiring

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any such machine shall, for every machine owned by him file in the office of the Secretary of State a statement of his name and address with a brief description of the machine to be registered, including the name of the maker, factory number, style of machine and motor power on a blank to be prepared and furnished for that purpose, and he shall at the same time pay to the Secretary of State the sum of two dollars ($2.00) for each machine registered, also that the State registration shall be in lieu of all municipal licenses or registrations. The Secretary of State shall thereupon file such statement in his office, register such machine in a book or index to be kept for that purpose and assign it a distinctive number, and shall forthwith on such registration issue and deliver to the owner of such machine a seal of aluminum or other suitable metal, circular in form and approximately two inches in diameter, having stamped thereon Registered Motor Vehicle No. Ga., Motor Vehicle Law, with the registration number inserted therein, which seal shall at all times be conspicuously displayed on said machine. Registration SEC. 3. Be it further enacted by the authority aforesaid, That the Secretary of State shall also furnish to each owner in addition to the circular seal mentioned in Section 2, a number plate bearing the same number as the seal, followed by the letters Ga. and of the same material as the seal, the number to be in Arabic numerals, not less than three inches in height and each stroke not less than one-half inch in width, which shall at all times be displayed on the rear of the machine in such manner as to be plainly visible. Numbered. SEC. 4. Be it further enacted by the authority aforesaid, That from one hour after sunset to one hour before sunrise, there shall be displayed on the front of every machine,

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while being operated or driven along or upon any of the highways named in this Act, at least one white light, throwing a bright light at least one hundred feet in the direction in which the machine is going, and shall also exhibit on the rear of each machine at least one red light, which shall effetually illuminate the number tag on the rear. Front and rear lights SEC. 5. Be it further enacted by the authority aforesaid, That no person shall operate a machine on any of the highways of this State 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 or limb of any person or the safety of any property, and upon approaching a bridge, dam, high embankment, sharp curve, descent or crossing of intersecting highways and railroad crossings, 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. 6. Be it further enacted by the authority aforesaid, That upon approaching a pedestrian in a roadway or highway as described in this Act, or a horse or horses or other draft animals being ridden or driven thereon the person operating the machine shall give reasonable warning of its approach by the use of a bell, horn, gong, or other signal and use every reasonable 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. Signals. SEC. 7. 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 of a person riding, leading or driving a restive horse or

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other draft animal, bring such machine immediately to a stop, and if traveling in the opposite direction remain stationary so long as may be reasonable to allow such horse or animal to pass, and if traveling in the same direction, use reasonable caution in passing such horse or animal. and, in case such horse or animal appears frightened or the person operating such machine is requested to do so, such person shall cause the motor of the machine to cease running so long as shall be reasonably necessary to insure the safety of others. Precautions in meeting or passing horses. SEC. 8. Be it further enacted by the authority aforesaid, That should the owner of a machine sell or otherwise dispose of it after having registered the machine as provided in Section 2 of this Act, it shall be the duty of the purchaser to procure a new seal and number in accordance with the provisions of this Act, and there shall be one number given to each machine. Machines sold to be renumbered. SEC. 9. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person who is intoxicated or under the age of sixteen years at the time, unless such minor shall have previously had twelve months' experience in the operation of automobiles and is accompanied by the owner of the machine at the time, to propel or operate a machine on any of the highways described in this Act, of this State. No person shall operate an automobile without the consent and by authority of the owner, and any person so doing shall be guilty of a misdemeanor and punishable therefor. Persons intoxicated or under 16 years old prohibited from operating. SEC. 10. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to curtail or abridge the right of any person to prosecute a civil action

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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 employee or agent. Liability for damages. SEC. 11. Be it further enacted by the authority aforesaid, That every owner or operator of a machine shall have equal rights upon the public highways of this State with all other users of such highways, and no person or persons shall throw glass, nails, tacks or other obstruction upon the public highways used and traversed by automobiles or unreasonably obstruct or impede the right of travel of such owner or operator while operating, propelling or driving such machine, and no person or persons shall give any signal or sign of distress or danger, or call for assistance upon a person lawfully operating any such machine on any of the public highways of this State maliciously and without reasonable cause for so doing. Rights to highways. SEC. 12. Be it further enacted by the authority aforesaid, That nothing contained in this Act shall be construed as changing or interfering with any regulation or ordinance which has heretofore or may hereafter be adopted by any municipality of this State regulating the running and operation of the machine described in this Act, provided such regulation or ordinance is not in conflict with the provisions of this Act. Municipal regulations. SEC. 13. Be it further enacted by the authority aforesaid, That the provisions of this Act requiring registration with the Secretary of State shall not apply to motor vehicles owned and operated by non-residents of this State, provided the owners thereof have complied with any law requiring the registration of owners of motor vehicles in force in

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the State, territory or Federal district of their residence and the registration number showing the initial of such State, territory or Federal district shall be displayed on such vehicle substantially as in this Act provided; provided, that a stay of thirty days in this State by any person herein described shall make such person liable to the fee as fixed in Section 2 of this Act. Non-residents. SEC. 14. Be it further enacted by the authority aforesaid, That of the two dollars to be paid for the certificate a sufficient amount thereof shall be used in providing these certificates, and the remainder thereof shall be paid into the State Treasury. Fees, disposition of. SEC. 15. 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 prescribed in Section 1039 of Volume 3 of the Code of Georgia 1895. Violations of this Act, punishable. SEC. 16. 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, 1910. ELECTRIC RAILROAD OR POWER COMPANIES, CONSOLIDATION OF. No. 477. An Act to amend an Act entitled An Act to authorize electric street, suburban and interurban railroad companies to acquire by purchase, lease, consolidation or merger,

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the stock, property, rights and franchises of other such companies, and of companies formed to generate electricity; and to authorize any such companies to guarantee, acquire, own, hold, mortgage, pledge, sell, assign, transfer or otherwise dispose of any or all of the capital stock, honds, 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, approved August 11, 1909, by further authorizing any such lectric railroad or power company to dispose, in like manner, of its property, rights and franchises. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That An Act to 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 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, approved August 11, 1909, be, and the same is, hereby amended by omitting the word such in line 13 of Section 1 of said Act, and inserting after the word corporation in line 14 of said Section the following words, to-wit: organized under the laws of this or any adjacent State, and after the word electricity in line 23 of said Section the following words, to-wit, organized under the laws of this or any adjacent State, and any corporation aforesaid organized

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under the laws of this State is authorized in any such cases to dispose, in like manner, of its property, rights and franchises, so that said Section 1 of said Act when amended, shall read as follows: Electric rall-road or power companies, consolidation of. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That by a 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 or assign, transfer or otherwise dispose of all the capital stock, bonds, securities or other evidences of indebtedness of any such corporations, and may issue its bonds and stock in payment therefor; and any electric railroad corporation, organized under the laws of this or any adjacent State, 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, organized under the laws of this or any adjacent State, and any corporation aforesaid organized under the laws of this State is authorized in any such case to dispose, in like manner, of its property, rights and franchises; 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

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of the Constitution or statutes of the United States, or which shall have the effect or be intended to have the effect to defeat or lessen competition or encourage monopoly. 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 12, 1910. TRUST COMPANIES, POWERS OF, HOW ACQUIRED. No. 501. An Act authorizing the Secretary of State to confer upon certain corporations the powers of Trust Companies as set forth in Act of the General Assembly of Georgia approved December 23, 1898, to fix the fees to be charged by the Secretary of State for same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That any corporation heretofore chartered by the Superior Courts of this State for the purpose of engaging in the borrowing and lending of money, or dealing in real estate, mortgages, bonds, and other evidences of debt. or for exercising any of the privileges granted to Trust Companies in the Act of the General Assembly of 1898, page 78, and which desires to avail itself of all of the privileges of said Act, shall have power to do so by securing from the Secretary of State an amendment to the charter under which such corporation now exists, which amendment shall confer

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upon it all the privileges of said Act applicable to Trust Companies. Financial Corporations chartered by the Superior Court, may acquire powers of Trust Companies. SEC. 2. That before such amendment can be obtained the Board of Directors of such corporation, at a regular meeting, shall by a majority vote, authorize such amendment to the charter of such corporation. Directors shall authorize. SEC. 3. No corporation shall avail itself of this privilege until it has actually subscribed and paid in, either in actual cash, or property taken at a fair valuation, a capital stock of at least $100,000. Capital stock. SEC. 4. When such amendment to the charter has been obtained, all the provisions applicable to trust companies shall thereupon apply to such corporation. Laws applicable to Trust Companies. SEC. 5. The corporation filing its application for such amendment shall pay into the State Treasury a fee of twenty-five ($25.00) dollars, and the Secretary of State shall cause such amendment and his certificate to be duly recorded. All such amendments granted by the Secretary of the State shall be recorded on charter book in the office of the clerk of the Superior Court where such original charter was granted. Fee for amendment of Charter. 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, 1910.

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SINKING FUNDS OF MUNICIPALITIES, HOW PROTECTED. No. 463. An Act to provide for the proper protection of Sinking Funds of municipal corporations, raised under the requirements of the provisions of Paragraph 2, Article 7, Section 7 of the Constitution of 1877, to require the investment of such funds in certain securities, 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 officer or officers of every municipal corporation in this State charged with the custody of such funds be, and they are hereby required, under the direction of the Mayor and council of such municipal corporation, or a duly constituted and authorized committee of same, to invest, within six months from the collection of the same, all sums collected by such municipal corporation under the requirements of Paragraph 2, Article 7, Section 7 of the Constitution of 1877, for the purpose of payment of the principals of bonded indebtedness of such municipal corporation and which are not actually payable on such principals within twelve months from the date of collection thereof, in valid outstanding bonds of such municipality, or of some other municipality in this State of equal or larger size which have been duly validated in accordance with law, or county bonds of this State which have been duly validated, or valid outstanding bonds of the State of Georgia or of the United States, and to keep such funds so invested in such bonds, with the privilege of changing the investment from one character of the

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bonds named to another from time to time as the Mayor and council may direct, until such time before the maturity of outstanding obligations as may be necessary to dispose of the same in order to meet such obligations at maturity. Sinking funds of municipalities, how invested. SEC. 2. Be it further enacted by the authority aforesaid, That every municipal corporation of this State having on hand at the date of the approval of this Act funds raised under the provisions of Paragraph 2, Article 7, Section 7, of the Constitution of 1877, for the payment of the principals of any outstanding bonded indebtedness and which are not payable on such principals within twelve months from said date shall, within six months after the passage of this Act, invest such funds in valid outstanding bonds of such municipality, or of some other municipality within this State of equal or greater size which have been duly validated in accordance with law, or of a county or counties of this State so validated, or of the State of Georgia, or of the United States, and keep the same so invested, with the privilege of changing the investment from time to time as in Section one provided, until such time as it may be necessary to dispose of the same in order to meet the principals of such outstanding bonded indebtedness as the same may become due. Investment of funds on band. SEC. 3. Be it further enacted by the authority aforesaid, That every municipality in this State having on hand at the date of the passage of this Act funds raised under the provisions of Paragraph 2, Article 7, Section 7, of the Constitution of the State of Georgia, and payable upon the principals of outstanding bonded indebtedness, which said funds are at the date of the passage of this Act invested in property or securities other than those hereinbefore named, shall, within twelve months from the passage of this Act,

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change such investment by disposing of such property or securities, and shall invest the proceeds thereof in valid outstanding bonds of such municipality, or of some other municipality of equal or greater size which have been duly validated in accordance with law, or of a county or counties of this State so validated, or of the State of Georgia, or of the United States, and keep the same so invested, with the privilege of changing the investment from time to time as in Section one of this Act provided, until such time as it may be necessary to dispose of the same in order to meet the principals of its outstanding bonds as the same may become due. Change of investments. SEC. 4. Be it further enacted, That whenever and as soon as the sinking fund of any municipal corporation in this State shall have been invested in municipal, State or Government bonds as required by the provisions of this Act, the officer or officers of such municipality charged with the custody of its funds and securities shall proceed forth-with to have such securities in which such funds are so invested registered in the name of the municipality, provided such bonds by their terms under the conditions of their issue are capable of being registered in the name of the owner. Registration of bonds. SEC. 5. Be it further enacted, That from and after the passage of this Act every issue of municipal bonds in this State shall be so made that at the owner's option the same may be registered in the owner's name, both as to the payment of principal and interest. Registration of bonds. 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, 1910.

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CAPITAL STOCK, LOST CERTIFICATES, HOW ESTABLISHED. No. 559. An Act to provide for the establishing of certificates of stocks of banks or private corporations in lieu of lost or destroyed certificates, and to terminate the liability of the bank or corporation upon the lost or destroyed certificates when the certificate is established upon the provisions hereof, 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, whenever any certificate or other evidence of the stock of any bank or private corporation organized under the laws of said State, United States or any of the States or Territories of the United States where said corporation's principal office is located in this State, shall be lost or destroyed, and the owner thereof or legal representative shall desire to establish the same, such person or legal representative shall present a petition to the Superior Court of the county wherein the principal office of the bank or corporation is located, which petition must be sworn to by the party applying and shall contain as full and accurate a description as possible of said lost or destroyed certificate or other evidence of said stock and of the loss and mode of loss and of the inability to find the same, and the prayer for the establishment of a copy, setting forth the copy desired to be established. Thereupon the judge of said court presiding shall issue a citation or notice directed To whom it may concern, which citation shall contain the description of the copy sought to be established, the time and place of

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hearing and the name of the bank or corporation that issued, the original and the name of the person claiming to own the same, and seeking to establish the same, and the number of shares of stock embraced in said certificate, and said citation shall be served upon the bank or corporation at least ten days before the date of the hearing, and shall be published once a week for four weeks, next preceding the hearing in the newspaper in which the Sheriff's advertisements are published in the county in which the principal office of said corporation is located; and if the applicant resides in another county, said publication shall also be published in the county or counties where the petitioner has lived for twelve months next preceding the application. Certificates of said publication shall be made by the publishers of the newspapers, with a copy of the advertisement attached, which certificate shall be filed in the court trying the case and shall be used as evidence in such cases. If no successful defense is made at the time and place appointed for the hearing by said bank or other corporation or any person or persons who may be interested in said lost certificates of stock, the said court shall proceed to establish by an order entered on the petition the copy so prayed to be established, which shall have all the effect of said lost original. If the bank or other corporation or parties interested shall file a defense under oath to the effect that such original never existed, as claimed, or shall produce the original in court, or that for any reason said copy should not be established in lieu of the original, then the judge of said court shall decide after giving the parties time for preparation for hearing at the next regular term of the said Superior Court, upon the case so made, and if in favor of the applicant and no appeal is entered as hereinafter provided, said judgment or decree shall be entered on the petition, and then the copy

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so established shall be recognized and treated as corporate stock in lieu of said original stock. If the decision of said court is in favor or other corporation, or any person or persons interested, then the said court shall enter its judgment or decree on said petition. In all cases, all the proceedings shall be recorded in the book of minutes of said court. If either party to the proceedings shall be dissatisfied and desires an appeal, the said court shall allow the same upon the appollant's paying all costs incurred and giving bond and security for all future costs within four days from date of judgment as in other cases of appeal from said court to the Supreme Court. Said appeal shall be returned by the clerk of said court to the next term of the Supreme Court, and there to be tried as other appeals. Capital stock, lost certificates, how established. Trial. Appeals. SEC. 2. Be it enacted by the authority aforesaid, That upon the establishment of the certificates or other evidence of stock of a bank or corporation as provided in the preceding Section, all liability of said bank or corporation to any person who may be the owner or holder of the original certificate of stock, copy of which has been established in its stead, as provided under the first section hereof shall cease and determine, and after said copy has been established in lieu of said original stock, then and after that date said corporation shall recognize said established copy of stock only as part of its corporate stock, and shall recognize only the holder of said established copy of stock as one of its corporate stockholders. It being the intent and purpose of this Act that the proceeding described in Section one hereof, and the advertisement made thereunder, shall be notice to all parties interested in the stock, the certificate of which is aought to be established, of the said proceeding and the

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judgment therein rendered shall be binding upon all such persons, and the bank or other corporation shall thereafter treat the established copy just as it should have done the original. Prorided, That all costs of the proceedings under this Act shall be paid by the appellant, and if defense is filed then by the party against whom the issue is decided. Liability of corporation on established certificates. Coats. 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 15, 1910. CORPORATIONS, HOW DISSOLVED. No. 466. An Act to confer on the Superior Courts of this State the power to allow and accept the surrender of corporate franchises and charters, from corporations organized under charter granted by such Superior Court under the provisions of the laws of this State, and to dissolve such corporations and wind up its affairs, 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, any corporation heretofore or hereafter created and organized under a charter granted by any Superior Court of this State, may, by petition to the Superior Court which granted such charter, surrender its said charter and franchises, as a corporation, and be dissolved by the order and decree of

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such Superior Court, provided it shall be satisfactorily shown to the court, that at a meeting of the stockholders of such corporation, duly called for the purpose, a resolution has been adopted by the affirmative vote of the owners of two-thirds of the capital stock of such corporation, resolving that the corporation shall surrender its charter and franchise to the State and be dissolved as a corporation, and provided it shall be satisfactorily shown to the court that such dissolution may be allowed without injustice to any stockholder, or to any person having claims or demands of any character against said corporation. Corporations, how dissolved. SEC. 2. Be it further enacted by the authority aforesaid, That the proceeding for the surrender of such corporate charter and franchises, shall be by petition in the name of the corporation seeking dissolution, addressed to the Superior Court which granted its charter, and shall be duly verified by the oath of any officer or stockholder of the corporation, and shall be presented to the Judge of said court, who shall grant an order thereon, fixing a time for the hearing of such petition at the courthouse in said county, either at a regular term or in vacation, not less than four weeks from the date of such order, and further directing that such petition be filed in the office of the clerk of said court, and that a copy of such petition and order be published once a week for four weeks in the newspaper wherein Sheriff's sales in and for such county are published, the expense of which publication shall be defrayed by the petitioning corporation. Proceedings to dissolve. SEC. 3. Be it further enacted, That any stockholder of such corporation, or any person having a claim or demand of any character against it, shall have the right to appear at the time and place of such hearing and file written

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objections to the dissolution of such corporation, setting out clearly and distinctly the grounds of such objections, whereupon the Judge aforesaid shall then and there or at such future time and place as may then be fixed by him, hear such petition and all objections thereto, and also such material evidence as either party may submit on the questions at issue. Should it satisfactorily appear to said Judge on such hearing that the prayer of the petition should be granted, he shall sign a decree accepting the surrender of the charter: and franchises of such corporation and ordering its dissolution; but if it shall not satisfactorily appear to such Judge that such relief should be granted, he shall sign a decree refusing the prayer of such petition. Objections to dissolution. Hearing. SEC. 4. Be it further enacted, That on the dissolution of any corporation under the provisions of this Act, the assets of such dissolved corporation may be administered under the provisions of Section 1886 of the Civil Code of 1895 of this State, for the purpose of winding up the affairs of such corporation as therein provided, if found to be necessary. Administration of assets. SEC. 5. Be it further enacted, That any party to the aforesaid proceedings for the dissolution of any such corporation, being dissatisfied with the decree of the court aforesaid granting or refusing to grant the dissolution of such corporation, may sue out a bill of exceptions assigning error on such decree, and carry the case to the Supreme Court for review, by fast writ of error as in cases of injunction. Exceptions to decree. SEC. 6. Be it further enacted, That the petition and all written objections thereto filed under the provisions of this Act, and all proceedings, orders and decrees thereon, shall

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be, by the clerk of the Superior Court, wherein the same is pending, recorded on the minutes of such court, and when a final decree dissolving any corporation is granted, an entry of such fact shall be, by such clerk, made across the face of the record of the charter of such corporation in the Record of Charters of Corporations in his office. Record of proceedings and decree. SEC. 7. Be it further enacted, That all the costs of proceedings for the dissolution of a corporation under this Act, shall be paid by the petitioning corporation, unless the court shall otherwise decree, in the exercise of its discretion, in cases where objections are filed and overruled, in which event, the court may award a portion of the costs against the objecting party. Court costs. SEC. 8. Be it further enacted, That all laws and parts of laws conflicting with the provisions of this Act be, and the same are, hereby repealed. Approved August 13, 1910. RAILROAD CORPORATIONS, CHARTERS OF, HOW FORFEITED. No. 382. An Act to amend Section 2166 of the Code as the same stands amended by the Act of August 17, 1903, so as to fix the period for the exercise of the powers and privileges conferred by the certificate of Incorporation of Railroad Companies as therein provided at three years instead of two years, by making this amendment apply to all certificates heretofore granted which are still of

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force under the extension provided for in said amendment of August 17, 1903, and to regulate the time that railroad charters become dormant and to provide how forfeitures may be prevented, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Act of 1903, page 34, amending Section 2166 of the Code of Georgia of 1895, be amended by striking the word two and inserting the word three before the word years in line number 22 of said Act, and by striking the word two and inserting the word three before the word years in line 23 of said Act, and by striking the word two and inserting the word three immediately before the word years in line 31 of said Act, and by striking the word two and inserting the word three before the word years in line 35 of said Act. Also by striking in line 36 etsequar, page 36 of said Act, the following words: Such relief shall not be granted to any corporation which had not graded at least ten miles of its roadway at the time of the arising of said forfeiture, or the entire roadway if the same be not so long as ten miles. Also by striking from lines 32 and 33 of page 36 of said Act of August 17, 1903, the words and said forfeiture shall be relieved only once, and by inserting in line 32 immediately after the word granted these words: In favor of railroad corporations which have become subject to such forfeiture during the last past three years, also by striking out the following words beginning in the 36th line and ending in the 40th line of said Act, to-wit: Such relief shall not be granted to any corporation which had not graded at least ten miles of its roadway at the time of the arising of such forfeiture, or the entire roadway if the same be not so long as ten

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miles. Also by striking from lines 32 and 33 of page 36 of said Act of August 17, 1903, the words and said forfeiture shall be relieved only once, and by inserting in line 32 immediately after the word granted these words: In favor of railroad corporations which have become subject to such forfeiture during the last past three years, also by striking out the following words beginning in the 36th line and ending in the 40th line of said Act, to-wit: Such relief shall not be granted to any corporation which had not graded at least ten miles of its roadway at the time of the arising of such cause for forfeiture, or the entire roadway if the same be not so long as ten miles, so that said Section when amended shall read as follows: All the powers and privileges and said certificate of incorporation of said railroad company shall cease and determine at the expiration of three years from the date of said certificate, if at the expiration of said three years said company has not constructed, equipped, and are not operating the same for at least 15 miles of said road, or the entire road, if the same be of less length than 15 miles; provided the Secretary of State, for cause shown, may relieve any forfeiture above provided for and extend the time of construction, equipping and operating said 15 miles of road, or the entire road if the same be of less length than 15 miles of any such railroad company which has come within the provisions of the above clause for a period of three years. Only one such extension shall be granted in favor of railroad corporations which have become subject to such forfeiture during the past three years. Such relief may be granted in favor of railroad corporations which have become subject to such forfeiture during the last past three years. Such relief shall not be granted unless applied for within one year after cause for forfeiture has arisen;

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Provided the rights, powers and privileges granted said corporation shall not continue for a longer period than 101 years, unless the same be continued by the laws of force at the expiration of 101 years. Charters of railroad corporations, not subject to forfeiture for non use for less than three years. SEC. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That this amendment apply to and take effect upon the certificate of incorporation heretofore granted under said original Act, and said amendment thereto of August 17, 1903, which are still of force under the extension provided for in said amendment of August 17, 1903. 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 10, 1910. STATIONARY ENGINES OR BOILERS, LICENSE TO RUN. No. 555. An Act to authorize the County Commissioners of the several counties of the State of Georgia, and where there is no Board of County Commissioners, the Ordinary, to create in such counties a Board of Examiners of Stationary Engineers and Firemen, to prescribe their powers and duties, and to require all persons who run or operate stationary engines or boilers in counties creating such Boards to obtain license from such Board, and to prescribe penalties for running or operating stationary

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engines or boilers, without license, in such counties creating such Boards, provided the Act shall apply only to counties having a population according to the census of 1900 of 117,000, 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 the passage of this Act, the Commissioners of Roads and Revenues in the several counties in the State of Georgia, shall at their discretion, elect a Board to consist of three practical and skilled stationary engineers, to be known as the Board of Examiners of Engineers and Firemen in the respective counties in which they are appointed. The term of office of the members of said Board shall be three years; but, at the first election, one member shall be elected for one year and one member shall be elected for two years, and the third member shall be elected for three years. Said Commissioners shall act on the subject of electing or appointing said Board, at the first regular meeting after the approval of this Act; but if for any reason such action should not then be taken, said Commissioners may act at a subsequent meeting. Board of Examiners of Engineers and Firemen. SEC. 2. Be it further enacted, That said Board of Examiners of Engineers, shall take and subscribe an oath before the Judge of the Superior Court or Ordinary of said county, to faithfully discharge their duties. Said Board upon taking the oath and qualifying as aforesaid, shall organize and elect one of their members chairman, and another secretary, and all official acts of the Board shall be kept and recorded by the secretary in a book of minutes. Oath of Examiners, Chairman and Secretary. SEC. 3. Be it further enacted, That said Board of Examiners shall give public notice of their organization and of

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their time and place of meeting, and shall notify all persons engaged in running or operating stationary engines or steam boilers, in their respective counties, to come forward and obtain license before proceeding to further carry on such business or calling. Operators of stationary engines and boilers to be notified. SEC. 4. Be it further enacted, That said Board of Examiners of Engineers shall have the power to issue license to all engineers or firemen who have heretofore been examined and licensed by any other Board of similar kind or character, in said counties, but all new applicants, and all who have not been examined, shall be examined by said Board, touching their competency and fitness to do the work either as engineers or firemen, to run and operate any stationary engine or steam boiler in the county in which said examination is had. Said Boards in their respective counties may make rules and regulations for the examination of engineers and firemen, which when approved by the Commissioners of Roads and Revenues or Ordinaries for said county, shall be of force and binding upon said Board and all persons holding or applying for license under it. Examination of engineers and firemen. SEC. 5. Be it further enacted, That no person shall operate or run any stationary steam engine or boiler in any county operating under such Board so created, without a license from said Board; and no person shall employ or cause to be employed, any engineer or fireman to run or operate a stationary steam engine or boiler in any county in which such Board of Examiners has been created, who has not secured a license as herein provided. License to engineers and firemen. SEC. 6. Be it further enacted, That any person who shall knowingly employ, or cause to be employed, any person to

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run or operate a stationary steam engine or boiler in the counties operating under such a Board, who has not been licensed by said Board as a stationary engineer or fireman, or who shall continue to employ such person after notice that he has not been licensed, shall be guilty of a misdemeanor, and upon conviction shall be punished as perscribed in Section 1039 of the Code of Georgia. Employment of engineer or fireman not licensed, punishable. SEC. 7. Be it further enacted, That any person who shall as engineer, or fireman, operate or run, or attempt to operate or run any stationary engine or boiler, in a county in which a Board of Examiners has been created, without first having obtained license from said Board of Examiners of Engineers, shall be guilty of a misdemeanor, and, upon conviction, shall be punished as provided by Section 1039 of the Code of Georgia. Running engine or boiler without license, punishable. SEC. 8. Be it further enacted, That said Board of Examiners of Engineers shall have the right to charge with the approval of the said Commissioners of Roads and Revenues or Ordinaries so creating them, a license fee, to be paid by all applicants, and such fee shall be in lieu of all other compensation to said Board. License fee. SEC. 9. Be it further enacted, That said Board of Examiners of Engineers shall make quarterly reports of their actings and doings to the Commissioners of Roads and Revenues of their respective counties, and of all fees collected by them, and the names of all persons licensed by them as engineers and firemen. Reports of Examiners. SEC. 10. Be it further enacted, That the Board of Examiners of Engineers as herein provided for, shall have the right to place such restriction upon the licenses issued by them by grading said license in as many classes as they in

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their judgment shall see proper; provided, the restrictions so made shall in no wise conflict with the rules and regulations adopted by them, under the approval of the Commissioners of Roads and Revenues as herein provided. Restrictions in licenses. SEC. 11. Be it further enacted, That said Board of Examiners shall see that this law is complied with, and shall prosecute all violators of said law. Examiners to prosecute violators. SEC. 12. Be it further enacted, That in counties where there is no Board of County Commissioners, the Ordinaries of such counties shall be clothed with all authority which is conferred by this Act upon the Board of County Commissioners in any county in which there is such a Board and charged with all the duties of such a Board under this Act. Ordinaries in counties having no Commissioners. SEC. 13. Be it further enacted, That this Act shall apply only to those counties of the State having a population of 117,000 according to the census of 1900. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Art be, and the same are, hereby repealed. Approved August 15, 1910. MUNICIPAL ELECTIONS, MANAGERS OF. No. 443. An Act to provide for the qualification of the managers of elections in any town or city in this State, to provide a penalty for the violation thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of

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the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any employee or official of any town or city in this State, to preside as manager of any election for mayor and aldermen of the town or city of which he is an employee or official. Municipal elections, managers of. SEC. 2. Be it further enacted, That any person violating the provisions of this Act shall, upon conviction be punished as prescribed in Section 1039, Vol. 3, of the Code of 1895. Violations 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 13, 1910. MINORS, EMPLOYMENT OF AS MESSENGERS REGULATED. No. 486. An Act to regulate the employment of minors in the messenger service, and to fix the ages of persons so employed; to fix and prescribe a penalty for violations 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 no minor under 16 years of age shall be employed in the delivery of messages by any concern or person engaged in the messenger service business,

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or in the general work of the messenger service between the hours of nine p. m. and six a. m. Minors, employment of, as messengers. SEC. 2. Be it further enacted, That any person, firm, or corporation, violating the provisions of this Act, or any of them, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1039 of the Penal Code of Georgia, 1895. Violations of this act, punishable. SEC. 3. 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 13, 1910. COURT COSTS IN CRIMINAL CASES, HOW PAID. 491. An Act to require the County Boards of Commissioners of Roads and Revenues or the Ordinaries, as the case may be, in all counties of the State having therein a city with a population of not less than ten thousand nor more than twelve thousand according to United States Census of 1900, to pay to the officers of the Superior Court and City Court for convicts sent up by the said courts and worked in each case, 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, or the Ordinary as the case may be, in all counties

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having therein a city with a population of not less than ten thousand nor more than twelve thousand, according to the United States Census of 1900, shall pay out of the general funds of the county to the officers of the Superior Court and the officers of the City Court, for each convict received from the respective courts and worked under sentence on the chaingang of the county, the legal costs due the officers of the respective courts wherein said convict was tried, convicted and sentenced. Court costs in cases, wherein the convict is sentenced to the chaingang. SEC. 2. Be it further enacted by the authority aforesaid, That the clerk of the Superior Court and of the City Court shall on the first Monday of each month prepare a list of the convicts tried, convicted and under sentence, in the chaingang of the county, with the amount of legal costs due each officer therefor, which itemized bill of costs in each case shall be first approved by the judge of the respective courts and then be by the clerk presented to the Board of Commissioners of Roads and Revenues or the Ordinary, as the case may be, who shall draw warrants on the county treasurer, payable to the order of the said officers of court for amount of costs due them as shown by the approved list, and said warrants shall be paid by the county treasurer from the general funds of the county in the hands of the treasurer. Payable by the county 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 13, 1910.

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REMOVAL OF PROPERTY HELD UNDER CONDITIONAL SALE. No. 564. An Act to prevent the removal of personal property from this State held under a conditional purchase and sale, and by the terms of the purchase the title is retained by the vendor until the purchase price is paid, without the consent of the vendor, and to prevent the vendee in such a purchase and sale from concealing such property, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same That from and after the passage of this Act that when a person holds personal property under conditional purchase and sale, and by the terms of the purchase the title is retained by the vendor until the purchase price is paid, he, the vendee, shall not remove, cause to be removed or procure to be removed, beyond the limits of this State any personal property subject to such contract of sale without the consent of the vendor, or the approval of the said vendor, with intent to defraud the vendor, or defeat his rights, or when such removing tends to the injury of the vendor, and he shall not willfully conceal such property. A violation of this Act shall be punished as for a misdemeanor. Removal or concealment of property held under conditional sale punishable. 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 15, 1910.

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JUDGMENTS, DORMANCY AND REVIVAL. No. 492. An Act to prescribe when judgments shall become dormant and how such dormancy may be prevented or relieved, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That any judgment hereafter rendered in this State shall become dormant and shall not be enforced, if seven years elapse before execution is issued thereon and entered on the general execution docket of the county wherein such judgment is rendered. Such judgment shall likewise become dormant, if seven years shall elapse at any time after execution is issued thereon without an entry on the execution by an officer authorized to execute and return the same, and such entry recorded on said docket with the date of such record entered by the clerk. It shall not hereafter be necessary, in order to prevent such dormancy, that such entry be recorded or such execution entered on any other docket. Such judgment may be revived by scire facias or sued on within three years from the time it becomes dormant. Judgments, dormancy and revival. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 13, 1910. COUNTY TAX COLLECTORS, REQUIRED TO KEEP A CASH BOOK No. 551. An Act to require the County Tax Collectors of the State of Georgia, to keep a record book in the form of cash

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book, in which they shall record all items of cash collected, the name of the person, firm or corporation for whose taxes such cash was collected, the date collected, and the amount collected, as well as to record all items of cash paid out by him to the authority of the State or county, the date paid, the amount paid, and whether to the State or county authority; to provide for the auditing and balancing, and the filing of such record book; to provide a penalty for failure to comply with the requirements of this Act, 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 County Tax Collectors of the State of Georgia are hereby required to keep a record in the form of a cash book, in which they shall record all items of cash collected for taxes, the date collected, the amount collected, the name of the person, firm or corporation for whose taxes such cash was collected. All of which items, amounts, entries and dates shall be entered upon the lines and in the columns designated in such record book on the debit side. County tax collectors required to keep a cash book. Collections how recorded SEC. 2. That the County Tax Collectors of the State of Georgia, are hereby required to record in such record book all items of cash paid out by them to the authorities of the State or the counties, designating whether to the State or the counties, and to whom paid for either, the date same was paid and the amount paid. All of which items, amounts, entries and dates shall be entered upon the lines and in the columns designated in such record book on the credit side. Disbursements, how recorded.

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SEC. 3. That the County Tax Collectors of the State of Georgia, are hereby required to present such record book to the officials of the several counties having in their charge the administration of the county business at the times prescribed by law for making their reports to the authority, they are now by law required to report to for a checking and auditing of the same, and the endorsement of the name and authority of such official entered therein, the date of such entry to be noted also. But the checking auditing and signature of such official in the record book, shall at no time be construed, nor is the same intended as a binding or final settlement with the County Tax Collectors, but shall only be evidence that he had reported to the county authority as now required by law, and that such report was in check and accord with the record book that he is hereby required to keep. Audit of cash book. SEC. 4. That the County Tax Collectors of the State of Georgia, are hereby required to annually make up and balance such record book, and to file the same in the office of the Ordinaries in the several counties of the State by not later than the 1st day of July in each year hereafter. That said record shall be by the Ordinaries preserved as permanent records in their offices. And that such record book, or a transcript therefrom, when properly authenticated shall be admitted in evidence in courts of this State as evidence of the payment of taxes. The Comptroller General at the expense of the State, to furnish the tax collectors of this State the book required under this Act. Cash book to be annually balanced and filed with Ordinary. Comptroller General to furnish books. SEC. 5. That the County Tax Collectors of the State of Georgia, failing or refusing the aforesaid record book as herein prescribed, shall be deemed guilty of a misdemeanor,

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and upon indictment and conviction therefor, shall be punished as for a misdemeanor. Failure to keep, punishable. SEC. 6. That all laws and parts of laws in conflict with the provisions of this Act, be and the same are, hereby repealed. Approved August 15, 1910. PENSION COMMISSIONER, CONTINUANCE OF OFFICE. No. 496. An Act to amend an Act that was approved December 18, 1901, that amended Section 5 of an Act of December 15, 1896, fixing the term, the office of Commissioner of Pensions should continue, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that Section 5 of the Act approved December 15, 1896, as amended by the Act of December 18, 1901, be amended by striking from the second line of said Section 5 as was amended by the Act of December 18, 1901, the word Fifteen and insert in lien thereof the word Twenty-Five, so that when said Section 5 has been amended as provided by this Act, will read as follows: This office shall continue for `Twenty-Five' years only, unless continued by further legislation. Pension Commissioner continuance of office. SEC. 2. Be it further enacted by the authority

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aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1910. STATE VETERINARIAN, APPOINTMENT, ETC. No. 472. An Act creating the office of State Veterinarian, providing for the appointment of said State Veterinarian, prescribing his duties, empowering him with authority to formulate such quarantine regulations as may be necessary to check and suppress the spread of infectious and contagious diseases among live stock, whenever and wherever the interest of the people may require; fixing his salary and compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the power of the same, That the office of State Veterinarian in the Georgia State Department of Agriculture be, and is hereby created, and that the Commissioner of Agriculture be, and is hereby authorized to appoint a competent and qualified Veterinarian (who must receive the endorsement of the Georgia State Board of Veterinary Examiners) to fill this position under the title of State Veterinarian, such officer to continue in office during good behavior and the proper performance of his duties. State Veterinarian, appointment, etc. SEC. 2. Be it further enacted by the authority aforesaid, That the duties of the State Veterinarian shall be to

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investigate and take proper measures for the control and suppression of all contagious and infectious diseases among the domesticated animals within the State, under such rules and regulations as may be promulgated by him and approved by the Commissioner of Agriculture of Georgia; he shall assume charge of the work of cattle tick eradication in co-operation with the Federal authorities, and shall devote his whole time to the improvement of the live stock industry of the State; and he shall make report upon his work annually, the same to be published in the annual report of the Commissioner of Agriculture. Duties. SEC. 3. Be it further enacted by the authority aforesaid, That the salary of said State Veterinarian shall be twenty-five hundred dollars per annum ($2,500.00), and he shall in addition be reimbursed his actual traveling expenses incurred while traveling in the service of the State in the regular discharge of his duties. Salary. SEC. 4. 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. And considering this an emergency, it is ordered that this Act take effect immediately after passage and signature of the Governor. Approved August 13, 1910. GEORGIA REPORTS, REPUBLICATION OF. No. 524. An Act to amend an Act to amend an Act entitled an Act to authorize and direct the re-publication of certain Georgia Reports, including Charlton's and Dudley's Reports, and Georgia Decisions, approved December 16, 1899, approved December 5, 1901.

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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 the Act recited in the caption be, and the same is, hereby amended by inserting in the 18th line of said Act, after the word Librarian the words in his discretion, so that said Section of said Act, when so amended, shall read as follows, That the State Librarian be, and he is hereby authorized and directed to republish, with annotations, under the same restrictions and conditions, so far as practicable, as now relate to the republication of Georgia Reports, and electrotyped copies of same, one thousand copies each of the earlier Georgia Reports, together with Charlton's and Dudley's Reports and Georgia Decisions, where the copyright has expired, beginning with Volume 1, and continuing consecutively, to be paid for out of the money received by him from the sale of Georgia Reports, together with said Charlton's and Dudley's Reports and Georgia Decisions; provided, that only such Volumes be republished during any one year as may be paid for out of the said money during that year. That said Librarian in his discretion, shall continue said publication of such Reports whenever the copyrights may hereafter expire; provided, that all of said Reports shall be sold at actual cost to the State of publication; provided, that said reprinted reports shall not be sold for more than one dollar and eighty-five cents per Volume. Georgia Reports, republication 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 15, 1910.

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GEORGIA STATE SANITARIUM, TRAINING SCHOOL FOR NURSES. No. 517. An Act to authorize the Board of Trustees of the Georgia State Sanitarium to establish a training school, and to provide rules for the systematic training of white female nurses while employed in the Sanitarium, and to provide for a course of training, instructions and lectures, and to issue diplomas, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, from and after the passage of this Act, the trustees of the Georgia State Sanitarium shall have authority to establish a training school for the benefit of the white female nurses, while in the employ of the Georgia State Sanitarium, and to establish rules for the systematic training of such nurses and provide a course of lectures to be given by the several physicians employed in said Sanitarium, and to issue diplomas to all graduates of said training school. George State Sanitarium, training school for nurses employed therein. SEC. 2. Be it further enacted, That any or all white female nurses now in the employ of the said Sanitarium, or who may hereafter be employed by the same, shall be entitled to the benefit of such training school; provided, the same does not interfere with the regular discharge of the duties of such nurses to the patients in said Sanitarium. Duty of nurses to patients. SEC. 3. Be it further enacted, That said Board of Trustees shall establish rules and regulations for said training school, so as to provide for a two years' course of

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instruction, lectures and training in order to fit such nurses for the work of professional trained nurse. Two years course. SEC. 4. Be it further enacted, That each nurse after having completed the course of training laid down by said Board of Trustees, and after having passed a satisfactory examination, and having proven herself a woman of good moral character, shall be entitled to a certificate, or diploma of graduation, entitling her to register as a trained nurse with the Georgia State. Association of Trained Nurses, in accordance with the Acts of August 22, 1907, Acts of 1907, pages 117-121 inclusive, without further examination. Diplomas for graduates. SEC. 5. Be it further enacted, That such nurses after having received such diploma from the said Board of Trustees, and after having registered as provided in the foregoing section, shall be authorized to practice the profession of nursing as a professional graduate nurse, anywhere in the State of Georgia. Practice of profession. SEC. 6. Be it further enacted, That the provisions of this Act shall not be construed to require, or allow the expenditure of any money on the part of the Board of Trustees of the Georgia State Sanitarium, but is intended to benefit the nurses while in the employ of said Sanitarium, and to qualify them for professional nursing, and to operate as an inducement in procuring competent nurses. Purpose of Act SEC. 7. Be it further enacted, That all laws and parts of laws in conflict herein be, and they are, hereby repealed. Approved August 15, 1910.

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NURSES FOR COUNTY JAIL HOSPITALS. No. 422. An Act to authorize the county physician in counties having therein a city of not less than 54,000 and not more than 85,000 inhabitants, to employ a nurse for the county jail hospital, at a salary of not exceeding thirty-five dollars per month, to be paid out of the treasury of such 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 county physician in counties having therein a city of not less than 54,000 and not more than 85,000 inhabitants, be and is hereby authorized to employ a nurse for the county jail hospital at a salary of not exceeding thirty-five dollars per month, to be paid out of the county treasury of such county. Nurses for county jail hospitals. 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 12, 1910. CEMETERIES, ETC., OUTSIDE OF MUNICIPALITIES, HOW ESTABLISHED. No. 379. An Act to provide that in counties having a population of one hundred and twenty-five thousand (125,000) or more, the power shall be vested in the Board of County

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Commissioners, or the Ordinary in the event there be no such Board, to grant or refuse permission to establish cemeteries, sanatoriums, hospitals and similar institutions, and to regulate and control the same, and provide the conditions under which the same may be established; and to provide when such institutions may be declared nuisances, and to provide a penalty for the violation of the terms of this Act, and for other purposes. SECTION 1. Be it enacted, That in all counties in this State having a population of one hundred and twenty-five thousand (125,000), or more, the Board of County Commissioners, or if there be no such Board, the Ordinary of said county, shall have the power to grant or refuse permission to establish outside of the limits of incorporated towns, cemeteries, hospitals, sanatoriums, or similar institutions. Cemeteries, etc. outside municipalities, how established. SEC. 2. Said county authority as above stated may grant permission to establish such institutions under such regulations as they may deem proper for the public good. Regulations. SEC. 3. No cemetery, or sanatorium, or hospital, or other similar institution of the character indicated in this Act, shall be established outside of the corporate limits of any town or city in said counties, without the permission of said county authority, and in the event any may be so established without obtaining said authority, then the parties so establishing the same shall be guilty of a misdemeanor, and such institution shall be subject to be abated as a nuisance. Such institutions, not so established, may be abated as nuisances. SEC. 4. Should any such institution be established as herein provided and it should not abide the regulations provided by said county authority, the same may be subject to

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be abated as a nuisance, and the parties guilty of such violation shall be guilty of a misdemeanor. Violations of regulations punishable. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 9, 1910. GOVERNMENT ROAD IN WALKER COUNTY, JURISDICTION OVER CEDED. No. 523. An Act ceding jurisdiction by the State to the United States of America over lands in the county of Walker for Government Road. SECTION 1. Be it enacted by the House of Representatives of the State of Georgia, the Senate concurring, and it is hereby enacted by authority of the same, That the State of Georgia hereby cedes to the United States of America jurisdiction over such lands in the county of Walker, State of Georgia, as the said United States may acquire for the constructing, building and maintaining a Government road and for such road purposes, said lands being those lands in the said county of Walker over which there now runs the public road from the town of LaFayette in the county of Walker to Davis X Roads in the same county, and over the following lots of land Nos. 28, 29, 30, 7, 6, and 5, in the 7th district and the 4th section of said county, lots 320, 292, 293, 285, 236, 254 and 252 in the 8th district and 4th section of said county of Walker, and lot No. 235 in the 11th district and 4th section of said county. The particular lands to be

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covered by this Act shall be designated by a plat and description to be filed in the office of the Secretary of State, also the same plat shall be recorded in the Clerk's office of the Superior Court of the county of Walker covering the lands herein ceded. The plat and description shall refer to this Act and state that the land so platted and described is the land as to which this Act shall be operative. Government road in Walker county, jurisdiction over ceded to U. S. Approved August 15, 1910. BETTING ON ELECTIONS PROHIBITED. No. 349. An Act to prohibit betting on any election or primary, and to provide punishment therefore, 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 bet or wager money or other thing of value on any election or primary for the election of any officer, candidate or delegate in this State or of the United States. Betting on elections prohibited. SEC. 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1039 of the Criminal Code, and shall be punished as for a misdemeanor. Penalty for. SEC. 3. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 5, 1910.

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PISTOLS, CARRYING OF PROHIBITED. No. 432. An Act to prohibit any person from having or carrying about his person, in any county in the State of Georgia, any pistol or revolver without first having obtained a license from the Ordinary of the county of said State, in which the party resides, and to provide how said license may be obtained and a penalty prescribed for a violation of the same, 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 passage of this Act it shall be unlawful for any person to have or carry about his person, in any county in the State of Georgia, any pistol or revolver without first taking out a license from the Ordinary of the respective counties in which the party resides, before such person shall be at liberty to carry around with him on his person, or to have in his manual possession outside of his own home or place of business, provided that nothing in this Act shall be construed to alter, affect or amend any laws now in force in this State relative to the carrying of concealed weapons on or about one's person, and provided further, that this shall not apply to sheriffs, deputy sheriffs, marshals, or other arresting officers of this State or United States, who are now allowed, by law, to carry revolvers; nor to any of the militia of said State while in service or upon duty; nor to any students of military colleges or schools when they are in the discharge of their duty at such colleges. Pistols, carrying without license, prohibited. [Illegible Text] SEC. 2. Be it further enacted, That the Ordinary of the

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respective counties of this State in which the applicant resides may grant such license, either in term time or during vacation, upon the application of party or person desiring to apply for such license; provided applicant shall be at least eighteen years old or over, and shall give a bond payable to the Governor of the State in the sum of one hundred dollars, conditioned upon the proper and legitimate use of said weapon with a surety approved by the Ordinary of said county, and the Ordinary granting the license shall keep a record of the name of the person taking out such license, the name of the maker of the fire-arm to be carried, and the caliber and number of the same. License, how obtained. SEC. 3. The person making such application and to whom such license is granted shall pay to the Ordinary for granting said license the sum of fifty cents, which license shall cover a period of three years from date of granting same. Fee for license. SEC. 4. Be it further enacted, That any person violating any of the provisions of the above Act shall be punished as for a misdemeanor, as prescribed in Section 1039 of the Penal Code of 1895, and amendments thereto. violations of this Act, punishable. 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 12, 1910. SAFES, VAULTS, ETC., TOOLS FOR OPENING, POSSESSION OF. No. 526. An Act to make it unlawful for any person to make or mend, or cause to be made or mended, or to have in his possession,

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any equipment, tools or implements designed for, or commonly employed in the blowing open or cracking of iron safes, vaults, and like receptacles for the safe keeping of money or other valuables, with the intent to employ the same, or to allow the same to be employed, or with knowledge that the same are to be employed, in the commission of a burglary, larceny, safe-cracking or other crime; to provide a punishment for the 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 the authority of the same, That from and after the passage of this Act it shall be unlawful for any person to make or mend, or cause to be made or mended, or to have in his possession in the day or nightime, any engine, machine, jimmy, tool, false key, pick-lock, bit, nippers, nitro-glycerine, dynamite cap, dynamite, or other explosive, fuse, steel wedges, drills, tap-pins, or other implements or things adapted, designed or commonly used for the commission of burglary, larceny, safe-cracking, or other crime, with the intent to use or employ or allow the same to be used or employed in the commission of a crime, or knowing that the same are intneded to be so used. Tools for opening safes or vaults, to make, mend or possess for commission of crime, unlawful. SEC. 2. Be it further enacted, That any person guilty of a violation of this Act shall be deemed guilty of a felony, and shall upon conviction thereof, be punished by imprisonment in the penitentiary for a term of not less than three nor more than ten years. Penalty. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act herewith be, and the same are, hereby repealed. Approved August 15, 1910.

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SHOOTING AT HOUSES, PROHIBITED. No. 467. An Act to prohibit the shooting at, toward or into any occupied dwelling house in this State, with any gun, pistol, rifle, or any other deadly firearm, except in defense of person, property, or habitation, or under other circumstances of justification, and to provide a penalty for the violation of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to shoot at, toward or into any occupied dwelling house in this State, with any gun, pistol, rifle or any other deadly firearm, except in defense of person, property, or habitation, or under other circumstances of justification. Shooting at occupied dwelling, prohibited. SEC. 2. Be it further enacted, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and shall be punished as provided in 1039 of the Criminal Code. 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 13, 1910. HOTELS AND BOARDING HOUSES, PROTECTION OF. No. 470. An Act making it a misdemeanor to obtain food, lodging or other accommodations at any hotel, inn, boarding house,

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or eating house in this State, with intent to defraud the owner or keeper of the same; providing for the punishment thereof; providing proof of what facts shall constitute prima facie evidence of fraudulent intent under the provisions of this Act; providing for the posting of copies of this Act by hotel keepers, inn keepers, boarding house keepers and eating house keepers, and repealing all laws and parts of laws in conflict with this 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, any person who shall obtain food, lodging or other accommodation at any hotel, inn, boarding house or eating house in the State of Georgia, except when credit is given therefor by express agreement, with intent to defraud the owner or keeper of the same, shall be guilty of a misdemeanor, and shall be fined a sum not exceeding two hundred ($200.00) dollars or imprisonment for a period of time not exceeding three (3) months, either or both, in the discretion of the court. Defrauding hotels and boarding houses punishable. SEC. 2. Be it further enacted by the authority aforesaid, That proof that food, lodging or other accommodation was obtained by false pretense or by false or fictitious show or pretense of any baggage or other property by such person obtaining such food, lodging or other accommodation; or that such person absconded without paying or offering to pay for such food, lodging or other accommodation; or that such person gave in payment for such food, lodging or other accommodation any check or draft made payable at sight, on demand or on a date not subsequent to the date when the same is drawn, on which check or draft payment was refused on presentation; or that such person surreptitiously

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removed or attempted to remove his baggage or other property brought with him to such hotel, inn, boarding house or eating house therefrom without having paid for or having offered to pay for such food, lodging or other accommodation so furnished him, shall be prima facie evidence of the fraudulent intent mentioned in Section 1 of this Act. Provided, That no person shall be convicted under the provisions of this Act where there has been an agreement to delay payment for such food, lodging or other accommodations until a date after such person terminates his relation as a guest at such hotel, inn, boarding house or eating house. Proof of intent to defraud. SEC. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of every hotel keeper, inn keeper, boarding house keeper and eating house keeper in this State to keep a copy of this Act, printed in distinct type, posted in the lobby, public waiting room, or that portion of his establishment most frequented by the guests thereof, and no conviction shall be under the provisions of this Act until it be made to appear that a copy of this Act was posted, as above provided, in the hotel, inn, boarding house or eating house, the owner or keeper of which claims to have been defrauded, at the time such food, lodging or other accommodation was obtained. Copies of this Act to be posted. 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, 1910.

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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. Ashburn, City Court of, Act Creating Amended. Barnesville, City Court of, Established. Baxley, City Court of, Act Creating Amended. Calhoun County, City Court of, Act Creating Amended. Calhoun County, City Court of, Abolished. Danielsville, City Court of, Abolished. Douglas, City Court of, Act Creating Amended. Eastman, City Court of, Act Creating Amended. Fayetteville, City Court of, Abolished. Fitzgerald, City Court of, Act Creating Amended. Floyd County, City Court of, Act Creating Amended. Greenville, City Court of, Act Creating Amended. Hazlehurst, City Court of, Act Creating Amended. Madison, City Court of, Established. Newton, City Court of, Abolished. Oglethorpe, City Court of, Act Creating Amended. Savannah, City Court of, Laws in Relation to, Amended. Swainsboro, City Court of, Act Creating Amended. Swainsboro, City Court of, Act Creating Amended. Sylvester, City Court of, Act Creating Amended. Sylvester, City Court of, Law in Relation to Amended. Sylvester, City Court of, Act Creating Amended. Washington, City Court of, Act Creating Amended. Washington, City Court of, Act Creating Amended. Waycross, City Court of, Act Creating Amended. Charlton County, County Court of, Law in Relation to Amended. Morgan County, County Court of, Abolished. Putnam County, County Court of, Election of Solicitor. ASHBURN, CITY COURT OF, ACT CREATING AMENDED. No. 359. An Act to amend an Act entitled An Act to establish the City Court of Ashburn, in and for the county of Turner; to define its jurisdiction and powers; to provide for the

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appointment of the Judge and Solicitor and the other officers thereof; to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes, approved August 21, 1906, and Acts amendatory thereof, so as to change and fix the salaries of the Judge and Solicitor of said Court, and to change, fix and prescribe the fees and costs which shall be paid and received by the clerk, sheriff, and other officers of said Court for certain services therein; to allow the judge of said Court to practice law in any of the courts of this State, except the said City Court of Ashburn, 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 4 of the Act creating and establishing the City Court of Ashburn, approved the 21st day of August, 1906, be and the same is, hereby amended by striking from the said Section 4, beginning in the ninth line of said Section, after the word in the words any of the courts of this State except the Federal Courts, and inserting in lieu thereof the words the said City Court of Ashburn. Ashburn, City Court of, Act creating amended. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the first day of January, 1911, that Section 4 of the Act creating and establishing the City Court of Ashburn, approved the 21st day of August, 1906, be and the same is, hereby amended by striking from said Section 4 and in the eleventh line of said Section 4, the words $1,200. and inserting in lieu thereof the words $900.00. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the first day of January, 1911,

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That Section 4 of the Act amendatory of the Act establishing the City Court of Ashburn, approved August 17th, 1908, be and the same is, hereby amended by striking the words $900.00, in the third line of said Act, and inserting in lieu thereof the words $600.00. Salary of Solicitor. SEC. 4. Be it further enacted by the authority aforesaid, That from and after the first day of January, 1911, Section 6 of the Act amendatory of the Act establishing the City Court of Ashburn, approved August 17, 1908, be and the same is, hereby amended by inserting in the third line of said Section 6, and immediately after the word involved, and before the word does, the words exceeds fifty dollars, and, and by inserting after the word State in the eighteenth line of said Section 6, the following words: In all cases where the principal amount sued for does not exceed the sum of fifty dollars, the defendant shall not be liable for more costs than would have been chargeable against him in the justice courts of this State. Fees of clerk and sheriff. SEC. 5. 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 5, 1910. BARNESVILLE, CPTY COURT OF, ESTABLISHED. No. 512. An Act to establish the City Court of Barnesville, in the city of Barnesville, in Pike county; to define its jurisdiction and powers, and to regulate proceedings therein, 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 the City Court of Barnesville be, and the same is, hereby created and established to be held in the city of Barnesville, in Pike county, Georgia, with jurisdiction, civil and criminal, in and over said city of Barnesville, and in and over all the territory now embraced within the 533 district of Pike county, Georgia. Barnesville, City Court of established. SEC. 2. Be it further enacted, That the City Court of Barnesville shall have jurisdiction in and over the territory aforesaid to try and dispose of all civil cases of whatever nature, except those cases of which the Constitution and laws of the State of Georgia have given the Superior, or other courts exclusive jurisdiction. The jurisdiction of said Court, in and over the territory aforesaid, shall be concurrent with that of the Superior and other courts of Pike county, and shall apply to and include all cases arising within said territory, and where the parties and subject-matter are within said jurisdiction, except in cases where exclusive jurisdiction is by law fixed in other courts. Jurisdiction. SEC. 3. Be it further enacted, That said City Court of Barnesville shall have jurisdiction to try and dispose of all criminal cases for crimes and offenses committed in the 533 district, Georgia militia, of Pike county, where the offense is a misdemeanor or is below the grade of felony. Jurisdiction. SEC. 4. Be it further enacted, That the jurisdiction of said City Court in Civil cases shall be unlimited as to amount, but where the amount sued for, claimed or involved is one hundred dollars or less, then in that event the defendant in such case shall be liable only for justice court costs,

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and same shall be taxed against the defendant in accordance with the then existing justice court fee bill. Court costs. SEC. 5. Be it further enacted by the authority aforesaid, That the Judge, the Solicitor, the clerk and his deputies, the sheriff and his deputies, and all other officers respectively of the City Court of Zebulon, in and for Pike county, Georgia, shall be ex-officio Judge, Solicitor, clerk, sheriff and other corresponding officer respectively of the said City Court of Barnesville, with all such powers and duties, and liabilities as to all proceedings and matters of any and every nature and character therein, as are or as may hereafter be conferred by law upon them respectively as officers of said City Court of Zebulon. Said Judge of the City Court of Zebulon shall preside in and over said City Court of Barnesville, and when so presiding shall have all the powers and authority possessed by Judges of the Superior and City Courts of this State, as well as those specifically conferred by this Act. Said Judge shall have no extra salary or other compensation for his services in presiding over and performing the duties as Judge of said Court, other than has been, or as may be hereafter, provided for Judge of the City Court of Zebulon. The Solicitor, clerk, sheriff and other officers of said City Court of Zebulon, who are hereby made officers of the City Court of Barnesville as aforesaid, shall have the same compensation for services rendered in the City Court of Barnesville as are now, or as hereafter may be, provided by law for like services in the City Court of Zebulon, except as otherwise specifically provided in this Act. Officers of Court and their compensation. SEC. 6. Be it further enacted, That the solicitor aforesaid shall represent the State in all cases in said City Court of Barnesville, and generally perform in said Court all

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the duties usually required of and performed by Solicitors-General of this State in like cases or matters. In the event such Solicitor is disqualified, or for any reason can not at any time attend to the duties of said office, the Judge of said court, or the Judge presiding in his stead, shall appoint some competent attorney to act as Solicitor pro tem. who shall receive the fees and emoluments that would accrue to and be paid the said Solicitor of said court for like services. The Solicitor of said court shall receive the same fees and compensation for services therein as are now provided for like services in the City Court of Zebulon, provided, however, that in the event said Solicitor should at any time hereafter be by law put upon a stipulated salary instead of being paid certain fees, then, in such event, the said Solicitor shall not receive any extra salary or compensation for his services in the City Court of Barnesville, but shall be required to perform the duties of Solicitor in said Court without any other or further salary or compensation than shall be provided for him as Solicitor of the City Court of Zebulon. Solicitor and his compensation. SEC. 7. The sheriff of the City Court of Zebulon, his deputy or deputies, shall attend upon said City Court of Barnesville at each and every session thereof and shall serve its writs, process and orders and all legal papers of said Court or of the Judge thereof, and shall summon juries, and generally perform all the duties imposed by law on the sheriffs of the various counties of this State, so far as applicable to this Court; and for purposes of said office, said sheriff is hereby authorized and empowered to serve all writs, papers, processes and orders, to levy executions, attachments, make arrests, and execute warrants, and to perform any and all of the duties and Acts required of

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him as such sheriff, not only in the territory over which said City Court of Barnesville has jurisdiction, but in and over the entire county of Pike. Sheriff and deputies. SEC. 8. The clerk of the City Court of Zebulon or his deputy shall attend the sessions of the said City Court of Barnesville, and shall receive the same fees for services rendered therein as are now allowed or as may hreafter be allowed by law for like services in the Superior Court, except as in this Act otherwise provided. The sheriff for his services rendered in the said Court shall receive the same fees as are now allowed or as may hereafter be allowed by law for such services in the Superior Court, except that he shall receive $3.00 per day for attending upon the sessions of said Court, and shall receive $5.00 only for summoning each jury in said Court. Clerk and deputy. SEC. 9. Be it further enacted, That the Judge of said Court shall have and exercise all the powers and authority in said City Court as are by law granted to Judges of the Superior Courts of this State in the trial of cases and in the conduct of the business of said Court. Judge, powers of. SEC. 10. Be it further enacted, That the bringing of suits and general procedure in the City Court of Barnesville shall be governed as in the Superior Courts of this State, so far as same may be applicable, and except as in this Act otherwise provided. All processes and writs shall be annexed by the clerk and shall be attested in the name of the Judge of said Court; and all processes, writs and fi. fas. from said Court shall be directed to the sheriff, and his deputies, Pike County. Proceedings. SEC. 11. Be it further enacted, That the Judge of said City Court shall have the power and authority to hear and

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determine all civil cases brought in said Court of which said Court has jurisdiction, and to give judgment thereon without a jury; provided, however, that if either party in any case desires a trial by jury, he shall by himself or attorney enter a written demand therefor, and said demand shall be filed with the clerk, on or before the call of the appearance docket of the said Court. Demand for jury trial. SEC. 12. Be it further enacted, That at each regular term of said Court it shall be the duty of the Judge presiding to call the appearance docket on the first day of the term, at which time all pleas, answers and demurrers shall be filed; and in all cases founded upon unconditional contract in writing, in which there has been personal service on the defendant or defendants, and wherein no issuable defense thereto has been filed in writing, or is then and there offered to be filed, under oath, or if filed or thus tendered to be filed, the same as adjudged, by the Court to be insufficient in law, and same shall be stricken by the Court, then judgment shall be rendered by the Court at such appearance term, without the intervention of a jury And 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 has been filed, or is then offered to be filed, under oath, or if filed or offered to be filed and same is adjudged by the Court to be insufficient in law, then it shall be the duty of the Court to give judgment at the appearance term in such case, without a jury. Practice. SEC. 13. Be it enacted, That all judgments obtained in said Court shall be a lien upon property belonging to the defendant or defendants anywhere in the State of Georgia

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in the same manner as judgments from the Superior Courts, and all executions issued from said City Court of Barnesville shall be attested in the name of the Judge thereof, and shall be signed by the clerk, and shall be directed to the sheriff and his deputies of Pike county, and to all and singular the sheriffs and deputies of this State. Judgments. SEC. 14. Be it further enacted, That the terms of said City Court of Barnesville shall be held every two months on the third Mondays in January, March, May, July, September and November in each year. This Act shall become effective immediately upon its passage and approved by the Governor, and the first term of said Court shall be held on the third Monday in September 1910. The Judge of said City Court shall have the authority to hold said Court in session from day to day for a period not longer than one week from the beginning of each term, or he may adjourn the same over to any day without any written order thereof. Said Judge shall have the power to call special terms of said Court at any time for the purpose of trying and disposing of the business, civil and criminal, on the dockets of said Court. Such special term shall be called by order of the Judge entered on the minutes of said Court, and he may order the jurors drawn at the last preceding term of said Court to appear and serve at said special term, or he may draw a special jury for said special term, which said jurors for said special term shall have at least three days notice before the convening of said special term of said Court. Said Court shall be open at all times, without regard to terms, for the purpose of trying and disposing of criminal cases in which a trial by jury is not demanded, or when jury trial is waived. Terms of Court.

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SEC. 15. Be it further enacted, That all criminal cases in said City Court of Barnesville, whether upon accusation, indictment or presentment of the Grand Jury, shall be tried by the Judge thereof without a jury, except when the accused himself or by his attorney at law, shall in writing demand a trial by jury. If upon the trial of any case, at any stage thereof, it shall appear to the judge presiding that the evidence makes a case of felony against the accused, he shall thereupon suspend trial in said City Court, and shall commit or bail the defendant over to the Superior Court of Pike county, or to such other Court in this State as may appear to have jurisdiction of the case, to answer such charge or charges as may be preferred against him in such Superior Court. Trial of criminal cases. SEC. 16. Be it further enacted, That all criminal cases originating in said City Court of Barnesville shall be tried upon written accusation, which shall set forth plainly the offense charged, and shall be founded upon the affidavit of the prosecutor. Upon such accusation being made and filed with the clerk of said Court it shall be the duty of the Judge to issue a bench warrant for the arrest of said defendant. And on the trial of said case, the defendant shall be asked by the Judge presiding whether he demands trial by jury. If he answers yes or if he shall stand mute the Judge shall commit him for trial at the next regular or special term of the Court, but if the defendant answers no, then the Judge shall proceed to try and determine said case without a jury. Defendants shall not be allowed to demand indictment by Grand Jury. Accusation and warrant. No indictments. SEC. 17. Be it further enacted, That the Judge of the Superior Court of Pike county shall at each term thereof send down and transfer from said Superior Court any and

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all bills of indictment and presentments for misdemeanors to said City Court of Barnesville, where the offense or offenses charged were committed within the territory over which said City Court of Barnesville has jurisdiction. And in like manner cases shall be transferred from the City Court of Zebulon to the City Court of Barnesville, where the offense charged was committed within the territorial jurisdiction of said City Court of Barnesville. Transfer of misdemeanor cases. SEC. 18. Be it further enacted, That the Solicitor of said City Court shall represent the State in the Superior Court, and in the Court of Appeals and Supreme Court, in all cases carried up from said City Court, and for his services therefor shall receive the same fees as are now allowed or as may hereafter be allowed to the Solicitors-General for like services, and to be paid in the same manner and upon same conditions as are allowed and paid to Solicitors-General. Solicitor in Supreme Court and Court of Appeals. SEC. 19. Be it further enacted, That it shall be the duty of all the justices of the peace and all notaries public in Pike county to bind over to the City Court of Barnesville all persons charged with offenses within the jurisdiction of said Court, to answer for said offense. Appearance bonds. SEC. 20. Be it further enacted, That whenever the Judge of said Court is disqualified, or can not from any cause, preside in the trial of any case pending in said Court, then by consent of the parties, or their attorneys at law, or upon their failure to agree, such case or cases may be tried by a Judge pro hac vice, to be selected in the same manner as is now or as hereafter may be provided by law of such cases in the Superior Courts of this State. In case of the absence of the Judge of said City Court at any term

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thereof, the sheriff or the clerk thereof may adjourn said Court to the next regular term thereof. The Judge of any City Court of this State, or the Judge of any Superior Court, may, upon the request of the Judge of the City Court of Barnesville, hold said Court at any regular adjourned or special term, and may preside at any time in any case whether the Judge of the City Court of Barnesville be disqualified or not. Disqualified cases. Adjournment if Judge be absent. Judges of other courts may preside. SEC. 21. Be it further enacted, That where said City Court shall have jurisdiction of the subject-matter, and of one or more joint obligors, joint promisors, joint trespassers, joint tort feasors or co-partners, or where other indorsers or joint obligors shall reside outside of the territorial jurisdiction of the City Court of Barnesville, said Court shall have jurisdiction thereof, and suit may be brought therein, and service perfected as follows: If the parties not within the territorial limits of said City Court shall reside within the limits of Pike county, services shall be perfected upon such defendant or defendants by the sheriff of said Court serving them with copy of the said proceedings. If such other party or parties against which suit is brought reside without the county of Pike, and within any other county in this State, then a second original and copy or copies thereof shall be made and forwarded to the sheriff of the county where the party or parties reside, who shall serve the same upon the defendant or defendants and make return of his said service upon the second original, after which said second original shall be returned to the clerk of the City Court of Barnesville. Suits against joint obligors, etc., service of. SEC. 22. Be it further enacted, That the Judge and the Sheriff of said City Court of Barnesville are hereby authorized to use the jail of the City of Barnesville, or the common

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jail of Pike county, either or both as they may see fit and proper, for the purposes of said City Court, either for the detention of persons accused before trial, or for the imprisonment of convicts after trial for any purpose, all of which jail expenses are to be paid as in cases from the Superior Court of said county of Pike or the City Court of Zebulon. Jail. SEC. 23. Be it further enacted, That in all cases tried in said City Court of Barnesville the writ of certiorari shall lie to the Superior Court of Pike county, to be issued, heard and determined in the same manner as cases are carried by certiorari from Justices' Courts. Certiorarl. SEC. 24. Be it further enacted, That said City Court shall be a Court of record and shall have a seal and minutes of its proceedings kept, and shall have civil and criminal dockets, writ records, and all necessary books and records in which to record and preserve the records and proceedings thereof, and said dockets and records shall be kept by the clerk of said Court in the same way and manner as required in the Superior Courts. The clerk shall receive the same fees as are, or as hereafter be, allowed for like service in the Superior Court, except as in this Act otherwise provided. Seal and records. SEC. 25. Be it further enacted, That said City Court shall have jurisdiction to try and dispose of all claim cases where personal property is levied on under execution or other process from said City Court, and such claim shall be returned and tried in the same manner as claims are returned and tried in the Superior Courts of this State all claims of real estate levied on under such execution or process from said City Court shall be returned to the

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Superior Court of the county where such real property is located, and shall there be tried and disposed of as other claims cases in said Court. Claim cases. SEC. 26. Be it further enacted, That the Judge of said City Court shall have power and authority to issue attachments returnable to said Court, and said City Court shall have jurisdiction to try and dispose of all issues arising thereunder, and the laws governing the enforcement of attachments in the Superior Courts shall be applicable to the trial and enforcement of same in said City Court of Barnesville, and the same law governing the issuance of attachments in the Superior Courts shall apply to said City Court. Attachments. SEC. 27. Be it further enacted, That said City Court shall have jurisdiction in all matters of garnishments, and the laws now of force or which may hereafter be of force in this State relative to the issuance or summons of garnishment on suits pending in and judgments obtained in the Superior Courts of this State shall be and are hereby made applicable to such proceedings in the City Court of Barnesville. Garnishments. SEC. 28. Be it further enacted, The Judge of said City Court, or any Judge presiding therein, shall have and exercise the same power and authority over the clerk and sheriff and all other officers of said Court as may be done by Judges of the Superior Courts of this State in the Superior Courts. 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 enforcement of their rights and for the collection of their fees, as are by law provided for such officers in the Superior Courts of this State. Judge, powers of.

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SEC. 29. Be it further enacted, That the clerk of said Court shall prepare and keep on file in his office a complete list of all persons residing within the territorial jurisdiction of said City Court who are competent and liable to serve as grand or petit jurors in the Superior Court of said county of Pike, and it shall be the duty of said clerk to make out tickets equal in number to the number of names in said list, and he shall write upon each ticket the name of one of the said persons, and deposit the same in a box to be provided and numbered one, until there shall be a ticket in said box bearing the name of each person on said list. Said jury box or list of names in said jury box shall be revised by the said clerk every time the jury list of the county is revised by the jury commissioners of the county of Pike. Jury lists [Illegible Text] boxes. SEC. 30. Be it further enacted, That the Judge of said Court, together with the clerk and sheriff, or deputy sheriff, at the close of each term of said Court, or at any time thereafter, shall draw eighteen jurors from said box, who shall serve as jurors in and for said City Court at its next term; and from said panel of eighteen jurors so drawn and summoned, a jury of twelve shall be selected as follows: In all cases, both civil and criminal, each side shall be entitled to three peremptory challenges. All cases tried by jury in said Court shall be tried by a jury of twelve unless by agreement of both sides a lesser number is agreed upon, in which event the agreement shall be signed by the parties and entered upon the minutes of said court. Juries. SEC. 31. Be it further enacted, That the laws of this State with reference to the summoning and serving traverse jurors, and the selection of tales jurors in the Superior Courts of this State shall apply to said City Court, except

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same be inconsistent with this Act. The judge of said Court shall have the same power and authority to order the selection of tales jurors and to compel their attendance as the Judges of the Superior Courts of this State. The jury box for said city court shall be so constructed as that it shall have two apartments, and shall 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 Court or some Judge acting in his stead, for the purpose of drawing juries. The apartments of said jury box shall be numbered one and two, and when apartment number one is exhausted, the tickets and names in number two shall be placed back in number one, and the same process shall be gone over again and again as box number one shall be exhausted. The clerk shall keep the jury box and the sheriff shall keep the key thereto. Juries, how drawn. SEC. 32. Be it further enacted, That the clerk of said City Court shall make out a precept containing the names of the eighteen jurors so drawn, and shall make out and sign a summons for each juror and shall deliver said summons to the sheriff of said Court at least fifteen days before the convening of the term of the Court at which they are required to attend, and said sheriff shall cause said summons to be served at least ten days before said term of the said Court, either personally or by leaving same at the most notorious place of abode of each juror. Summons for jurors. SEC. 33. Be it further enacted, That jurors in said City Court shall receive $1.00 per day for their services, which shall be paid in same manner and from same source as jurors are paid in the Superior Court of Pike county. Per diem of jurors.

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SEC. 34. Be it further enacted, That all fines and forfeitures in said City Court shall be distributed in the same manner as in the City Court of Zebulon, and the convicts from said Court shall be disposed of as from other Courts of Pike county, Fines and forfeitures. SEC. 35. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 15, 1910. HAZLEHURST, CITY COURT OF, ACT CREATING AMENDED. No. 341. An Act to amend an Act approved August 14th, 1909, entitled 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 so as to add to the twenty-seventh Section of said Act, which Section provides for appearance and trial terms, a proviso for judgments at the appearance term of said Court in cases that are uncontested and where no defenses are filed. SECTION 1. Be it enacted, That the twenty-seventh Section of the above described Act approved August the 14th, 1909, establishing the City Court of Hazlehurst, be and the

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same is hereby amended by adding to said Section a proviso in the following words, to-wit: Provided, however, that judgments may be entered, and fi. fa's. issued thereon at the appearance term of said Court in cases that are uncontested and where no defenses are filed. Hazlehurst, City Court of, judgments at first term. 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 3, 1910. BAXLEY, CITY COURT OF, ACT CREATING AMENDED. No. 441. An Act to restrict the jurisdiction of the City Court of Baxley, to fix the term of the Judge thereof, 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 from and after the passage of this Act the City Court of Baxley, in Appling county, as created by an Act approved December 1, 1897, and several Acts amendatory thereof, shall not have or exercise jurisdiction over any civil cause which, under the law, may be brought in a justice court. Provided, that such cases as are now pending in said Court of the character aforesaid may be disposed of by said Court, and it shall have jurisdiction thereof until finally adjudicated. Baxley, City Court of, jurisdiction.

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SEC. 2. Be it further enacted by the authority aforesaid, That at the next general election to be held on the first Wednesday of October, 1910, a Judge of the City Court of Baxley shall be elected by the qualified voters of the county of Appling, as heretofore prescribed by law. That said Judge shall assume said office at the expiration of the term of the present incumbent, and shall hold said office for a period of four years therefrom. His successor shall be elected in like manner at the general election immediately preceeding the expiration of his term. Judge term of office SEC. 3. Be it further enacted by the authority aforesaid, That any part or parts of the Act approved December 1, 1897, establishing the City Court of Baxley, the Act approved August 22, 1905, amendatory thereof, the Act approved August 13, 1909, amendatory thereof, and any other Act amendatory thereof, which conflict with the provisions of this Act as to the term of the Judge of said Court, or the jurisdiction thereof, or in any other manner, be and the same are hereby repealed in so far as they conflict herewith. Repealing clause. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved August 11, 1910. CALHOUN COUNTY, CITY COURT OF, ACT CREATING AMENDED. No. 505. An Act to amend 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,

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Solicitor, and other officers of said Court; to provide compensation for said officers, and for other purposes, approved August 21, 1906, so as to fix the Judge's salary at fifty dollars per month; to allow defendants to demand indictment by grand jury as a condition precedent to trial; to provide for the collection and distribution of cost due in criminal cases arising in 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 entitled An Act to create a City Court in and for the county of Calhoun, and for other purposes, approved August 21, 1906, be, and the same is, hereby amended by striking the words seventy-five dollars per month and the word quarterly, in the tenth line of Section four of said Act, and inserting in lieu thereof the words fifty dollars per month, and the word monthly, so that said Section, when so amended, shall read as follows: Section 4. Be it further enacted, That the Judge of said City Court, and the Solicitor thereof, shall be appointed by the Governor of the State, and said appointments confirmed by the Senate, as other appointments of like character are made. The terms of office of the said Judge and Solicitor shall be for four years, and shall date from September 15, 1906. Vancancies in the offices of the Judge and Solicitor of said Court shall be filled by appointment by the Governor for the residue of the unexpired term, and confirmed by the Senate. Said Judge shall receive a salary of fifty dollars per month, and shall be paid monthly out of the treasury of Calhoun county by the treasurer of said county. Calhoun county, City Court of. Judge and Solicitor, appointment of. Salary of Judge.

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SEC. 2. Be it further enacted, That the last two sentences, beginning in the eighth line, with the word if of Section 28 of said Act shall be stricken, and the following inserted in lieu thereof: If the defendant answer yes, the Judge shall proceed to try and determine said case. If the defendant shall answer no, or stand mute, then the Judge shall proceed with the trial of said case before a jury, subject, however, to the law of continuances, and in all cases allowing bail for the defendant, to be fixed by the Judge. If the defendant should so desire, he shall be allowed to demand indictment by the grand jury, as a condition precedent to trial, which said demand shall be in writing, and when such demand is made, it shall be the duty of the Judge to commit the defendant to the next term of the Superior Court of Calhoun county, to abide the action of the grand jury, so that said Section when amended shall read as follows: Section 28. Be it further enacted, That the defendants in criminal cases in said City Court shall be tried on written accusations, setting forth plainly the offense charged, founded on affidavit made by the prosecutors; said accusation shall be signed by the prosecutor and prosecuting officer of said Court; upon such affidavit and accusation being made and filed in the clerk's office of said Court, the defendant shall be asked by the Judge whether he waives trial by the jury. If the defendant answers yes, the Judge shall proceed to try and determine said case; if the defendant shall answer no, or stand mute, then the Judge shall proceed with the trial of said case before a jury, subject, however, to the law of continuance, and in all cases allowing bail for the defendant, to be fixed by the Judge. If the defendant should so desire, he shall be allowed to demand indictment by the grand jury as a condition precedent to trial, which said demand shall be in writing, and when

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such demand is made, it shall be the duty of the Judge to commit the defendant to the next term of the Superior Court of Calhoun county to abide the action of the grand jury. Trials in criminal cases. Indictments. SEC. 3. Be it further enacted, That Section 37 of said Act be, and the same is, hereby stricken from said Act, and the following inserted in lieu thereof: Section 37. Be it further enacted, That all fines and forfeitures and other monies arising in said City Court of Calhoun county shall be collected by the sheriff of said county, and shall be by said sheriff turned over to the treasurer of Calhoun county, who shall keep such funds separate from the other funds of the county, so that he can at all times tell what amount he has on hand belonging to said City Court fund. The Solicitor, clerk, sheriff, justices of the peace, constables, and other officers shall make out a cost bill in each criminal case tried, which cost bills shall be approved by the Judge of said Court, and shall be presented to the Board of County Commissioners of said county, who shall issue their warrant on the county treasurer for said cost, provided the defendant in said case has been found guilty, and fined, or sentenced to work on the chaingang of said county, which shall be paid by said county treasurer. Provided, further, That if the defendant has not been convicted in said case, and the costs are insolvent, that the warrant drawn on the county treasurer shall state that it is for insolvent costs, and shall not be paid by the county treasurer, unless there is sufficient fund in his hands derived from fines and forfeitures in the City Court of Calhoun county available for the purpose of paying the insolvent cost. The cost accruing and due the officers aforesaid shall be paid to the clerk of the City Court, who shall distribute said cost to the various officers entitled to it. Fines and forfeitures.

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SEC. 4. Be it further enacted, That this amendment shall not go into effect until on and after September 15, 1910. SEC. 5. Be it further enacted, That this amendment shall in no wise affect the bill heretofore introduced into the Legislature for the purpose of abolishing said City Court. 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 15, 1910. CALHOUN COUNTY, CITY COURT OF, ABOLISHED. No. 428. An Act to abolish the City Court of Calhoun county; to provide for the disposition of all business pending in said Court. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That on and after the first day of January, 1911, the Act passed by the General Assembly entitled an Act to create the City Court of Calhoun county, is hereby repealed, and said City Court is hereby abolished. Calhoun county, City Court of, abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all records, papers, books, suits of whatever nature and kind, mense and final processes of whatever nature, and all criminal cases that may be pending in said

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Court on the first day of January, 1911, at the time this Act goes into effect as aforesaid, be and the same are, hereby transferred to the Superior Court of Calhoun county, shall have jurisdiction on all matters so transferred, for trial and disposition. Provided, That the provisions of this Act shall become of full force and effect, only when ratified by a majority of the votes cast by the qualified voters of Calhoun county, at an election to be held for the purpose of submitting the provisions of this Act to the qualified voters of Calhoun county for their approval, which said election shall be held on the same date as the general elections for State officers of Georgia is held, and those who wish to cast ballots for the provisions of this bill shall do so, by casting ballots having written or printed upon them the words Against the City Court of Calhoun County, and those who wish to cast ballots in favor of the City Court of Calhoun county, and against the provisions of this bill, shall do so by casting ballots having written or printed upon them the words For the City Court of Calhoun county. Records, etc., transferred to Superior Court. Ratification of 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 12, 1910. DANIELSVILLE, CITY COURT OF, ABOLISHED. No. 328. An Act to repeal an 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,

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1908, 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, be and the same is, hereby repealed, and that the City Court of Danielsville is hereby abolished. Danielsville, City Court of, abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all the business, both civil and criminal, now pending in said City Court, be transferred for trial and final disposition to the Superior Court of said county, and the Judge of the City Court and the clerk thereof are 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. Business transferred to Superior Court. SEC. 3. Be it further enacted by the authority aforesaid, That any issues that may hereafter arise on any process heretofore issued from said Court, be returned to the Superior Court of said county for determination. Returns to Superior Court. 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 3, 1910. DOUGLAS, CITY COURT OF, ACT CREATING AMENDED. No. 303. An Act to amend an Act to establish the City Court of Douglas, in the city of Douglas, and for other purposes,

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approved December the 9th, 1897; to provide for the holding of the terms of said Court; to define its jurisdiction and powers; to provide for the juries thereof and their pay, and to define the fees of the clerk of said Court in civil cases; to provide for the disposition of criminal cases, and for other purposes, so as to provide for the drawing and summoning of juries where more than one week of Court is held at any regular 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 from and after the passage of this Act, that an Act to amend an Act to establish the City Court of Douglas, in the city of Douglas, and for other purposes, approved December 9, 1897, to provide for the holding of the terms of said Court, to define its jurisdiction and powers, to provide for the juries thereof and their pay; to define the fees of the Clerk of said Court in criminal cases brought in said Court by accusation; to provide for the payment of cost of certain criminal cases and for other purposes, approved December 16, 1902, be, and the same is, hereby amended in the following particulars: Douglas, City Court of. That Section 5 of said amendment as published in the Acts of 1902, pages 120 to 125, inclusive, be, and the same is, hereby amended by inserting in said Section after the word described at the end of the 23d line thereof, and before the words the clerk, at the beginning of the 24th line thereof, the following: Should the Judge of said Court at any time determine that a jury will be required for more than one week at any term of Court, then and in that event said Judge is authorized to draw a different jury for each week; said jury may be drawn for each week, when the

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jury for the first week is drawn, or may be drawn later when the emergency arises regardless of whether the said Judge determines to hold the additional week or weeks of Court or at any other time during a term of Court after the jury for the first week or weeks have been excused. Said jurors to be summoned instanter, or for such time during said term of Court as said Judge determines to hold such additional week or weeks of Court. Jurors summoned for first week or weeks may be used as tales jurors for any additional week or weeks, provided, however, that they shall not be compellable to serve as tales jurors, as herein provided, after service for any week. So that said Section when so amended, shall read as follows: Juries, how drawn. Section 5. That Section twenty-seven (27) of said City Court Act be amended by striking out the words sixteen in the fourth line of said Section, and inserting in lieu thereof the words twenty-eight, so that said Section when amended shall read as follows: That during the session of said City Court, at each term in open Court, the Judge of said Court, or the Judge of the Superior Court when presiding in said Court, shall draw from box No. 1, twenty-eight names of persons to serve as jurors at the next term thereafter of said City Court, and shall cause the clerk to record the names so drawn and then deposit the tickets in another box numbered two. These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed and shall not be opened by any person except the Judge of said City Court, or the Judge of the Superior Court when presiding in his place, for the purpose of drawing juries in open court except in cases when, from failure to draw a jury in term time or from other cause it may be necessary to draw a jury for said City Court in

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vacation. If from any cause it shall become necessary to draw a jury from said City Court in vacation, either the Judge of said City Court or the Superior Court Judge may at any time, fifteen days before the next term of said City Court, in the presence of the clerk and sheriff of said Court, proceed to draw juries in the manner above described. Should the Judge of said Court at any time determine that a jury will be required for more than one week at any term of Court, then and in that event said Judge is authorized to draw a different jury for each week; said jury may be drawn for each week, when the jury for the first week is drawn, or may be drawn later when the emergency arises regardless of whether the said Judge determines to hold the additional week or weeks of Court at the end of a week or weeks of Court or at any other time during a term of Court after the jury for the first week or weeks has been excused. Said jurors to be summoned instanter or for such time during said term of Court as said Judge determines to hold such additional week or weeks of Court. Jurors summoned for first week or weeks may be used as tales jurors for any additional week or weeks, provided, however, that they shall not be compellable to serve as tales jurors, as herein provided, after service for any week. The clerk of said Court shall keep said jury boxes and the sheriff of the Court shall keep the keys. It shall be the duty of the clerk of said Court within six days after the appointment of the Judge of said Court, to prepare said jury list in boxes hereinbefore provided, and after said boxes are prepared the jury to serve at the first term of said Court shall be drawn, as provided for drawing juries in vacation. Jury boxes.

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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 July 22, 1910. EASTMAN, CITY COURT OF, ACT CREATING AMENDED. No. 436. An Act to amend an Act approved August 16, 1909, entitled An Act.to amend an Act approved August 23, 1905, entitled `An Act to establish the City Court of Eastman, in the county of Dodge; to provide for the appointment, qualification, duties, powers, compensation, etc., of the officers thereof, and for other purposes.' Also, to amend an Act approved August 10, 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, qualification, duties, powers, compensation, etc., of the officers thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section two of the Act of 1909 amending the City Court of Eastman be amended by striking the word two and substituting in lieu thereof the word five, in the twenty-first line of said Section, providing for the pay of the sheriff for summoning the jurors to be empaneled in said Court. Eastman, City Court of. Fees of sheriff.

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SEC. 2. Be it further enacted, That Section four of said Act of 1909 amending the Act creating the City Court of Eastman, and Acts amendatory therefor the following: Be'it further enacted, That Section twenty-five of the original Act creating said City Court be amended by providing for a trial in both civil and criminal cases by a jury of eight, with the right reserved in each case to demand a trial by twelve jurors. Juries. SEC. 3. Be it further enacted, That Section six of said Act of 1909 be amended by striking the entire Section and substituting in lieu thereof the following: Be it enacted, That in all civil cases where issues are to be tried by a jury of twelve, the parties shall be entitled to twenty jurors from which to strike, and in civil cases each party shall be entitled to four peremptory challenges, and in criminal cases the defendant shall be entitled to five peremptory challenges and the State to three peremptory challenges; provided, however, that unless a jury of twelve be demanded all cases shall proceed to trial, both civil and criminal, by a jury of eight, in which event the parties shall strike from sixteen jurors, each party being entitled to four peremptory challenges in civil cases and in criminal cases the defendant shall be entitled to five peremptory and the State three peremptory challenges. Jury strikes. SEC. 4. Be it further enacted by the authority aforesaid, That the word fifty in the tenth line of the seventh Section of the original Act be stricken and the words twenty-five be substituted therefor, and that the word fifty in the fourteenth line of Section eight of the original Act be stricken and the words twenty-five be substituted in lieu thereof, the same providing for the fees of officers of Court, and the intention of this amendment being

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that the plaintiff in all cases pending in said Court shall in no recover more than justice court cost where the principal and interest involved do not exceed the sum of twenty-five dollars. Court costs. SEC. 5. 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 12, 1910. FAYETTEVILLE, CITY COURT OF, ABOLISHED. No. 519. An Act to repeal an Act, An Act to establish the City Court of Fayetteville, in and for the county of Fayette, to define its authorities and powers; to provide for the election of a Judge, Solicitor, and the appointment of other officers thereof, and to define their powers and duties; to provide for pleading and practice, new trials therein and writs of error therefrom to the Supreme Court, and for other purposes, approved December 18, 1902, and also An Act amending an Act to establish the City Court of Fayetteville, approved August 22, 1905. To provide for the disposition of 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 Fayetteville, created and organized

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under and by virtue of an Act entitled An Act to establish the City Court of Fayetteville in the city of Fayetteville, Fayette county, Georgia, to define its jurisdiction and powers; to provide for the election of a Judge, Solicitor, and the appointment of other officers; to provide for pleading and practice and new trials therein and writs of error therefrom to the Supreme Court, and for other purposes, approved December 18, 1902, and also an Act amending an Act above, August 22, 1905, be, and the same are, hereby abolished, and said Act is hereby repealed. Fayetteville, City Court of, 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 Fayette and tried in said Superior Court as if originally filed in said Superior Court and all illegalities, claims, and answer to garnishment proceedings, and all other proceedings growing out of any execution, decree or order of said City Court shall be returned to said Superior Court of said county of Fayette, and all witnesses [Illegible Text] 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. Pending cases 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 Fayette county, shall stand for trial at the next term thereof of said Superior Court, unless continued therein under the laws regulating continuances of cases in said Superior Court. Trial of transferred cases. SEC. 4. Be it further enacted, That the provisions of this Act shall go into force and effect from and after the passage and approval of this Act.

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SEC. 5. 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 15, 1910. FITZGERALD, CITY COURT OF, ACT CREATING AMENDED. No. 437. An Act to amend an Act entitled 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 the other officers thereof, and for other purposes, approved August 22, 1907, and the Act amendatory thereof, approved August 14, 1909, so as to provide for monthly 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 Section 11 of the Act entitled An Act to establish the City Court of Fitzgerald, in the city of Fitzgerald, in and for the county of Ben Hill, approved August 22, 1907, and the Act amendatory thereof, approved August 14, 1909, be, and the same is, hereby amended by striking said Section 11 from said Act and inserting in lieu thereof the following: Section 11. Be it further enacted, That the Court shall hold twelve terms per year, on the fourth Monday in each month, the terms convening on the fourth Monday in August, November, February and May,

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to be known as quarterly terms. The jurisdiction of the Court shall be the same at all terms, monthly and quarterly, and the Judge may, in his discretion, hold adjourned or special terms of said Court whenever the business so demands. Any term of the Court may be adjourned from day to day and time to time in a similar manner as Superior Courts in this State are adjourned, and criminal cases in which jury trial is not waived by defendant, shall be triable only at a quarterly term. For the purpose of disposing of the criminal business of said Court, the same shall always be open without regard to terms. Fitzgerald, City Court [Illegible Text] Terms of 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 12, 1910. FLOYD COUNTY, CITY COURT OF, ACT CREATING AMENDED. No. 341. An Act to amend an Act entitled An Act creating the City Court of Floyd county, approved September 27, 1883, and the four Acts amendatory of said Act, approved respectively October 24, 1887, October 29, 1889, August 23, 1905, and August 21, 1906, so as to provide the mode and manner in which jurors shall be drawn to serve in 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 authority of the same, That all of said Act or Acts amendatory of the same providing for the drawing of jurors, and especially that part of Section 4 of the Act approved August 21, 1906, as follows: The clerk of said Court shall take the list of traverse jurors prepared from time to time by the jury commissioners of said county for the Superior Court, and put the names of all jurors appearing on said list into a box prepared and kept for that purpose in the same manner as the traverse jury box for the Superior Court is prepared and kept, and to be known as the `City Court Jury Box,' and the Judge of said Court shall draw from said box for each week of regular term when juries may be needed not more than thirty names of jurors, and shall at the opening of each of said weeks, from the persons so drawn, empanel two panels of twelve jurors each for service during such week. Said jurors shall be summoned by the sheriff of said county or his deputy, and for their service shall receive the same compensation per diem as is paid during that year to jurors in the Superior Court. Whenever it may be necessary to provide jurors for any special or adjourned term, or to provide tales jurors for any reason in said Court, the Judge thereof may provide such jurors under the same rules as are now or may be hereafter provided in the Superior Court. If at any time a third panel of twelve jurors may be needed in said Court, said Judge shall have authority to empanel the same in like manner as the same may be done in the Superior Court, is hereby repealed and stricken, and in lieu thereof there is enacted and inserted the following, to-wit: Jurors for said City Court shall be procured as follows: The clerk of the Superior Court of Floyd county shall deliver to the Judge of

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said City Court, the traverse jury box of the Superior Court, and the Judge of the said City Court, under the same rules as are provided for the Superior Court, shall draw from said box for each week of each regular term when juries may be needed not more than thirty names of jurors, and whenever jurors shall have been drawn as herein provided, said Judge shall then seal and certify said jury box, as is done by the Judge of the Superior Court. At the opening of each week of said Court, from the persons so drawn, said Judge shall empanel two panels of twelve jurors each, for service during said week. Said jurors shall be summoned by the sheriff of said county or his deputy, and for their service shall receive the same compensation per diem as is paid during that year to jurors in the Superior Court. Whenever it may be necessary to provide jurors for any special or adjourned term, or to provide tales jurors for any reason in said Court, the Judge thereof may provide such jurors under the same rules as are now or may hereafter be provided in the Superior Courts. If at any time a third panel of twelve jurors may be needed in said Court, said Judge shall have authority to empanel the same in like manner as the same may be done in the Superior Court. Floyd county, City Court of. Juries. 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 3, 1910. GREENVILLE, CITY COURT OF, ACT CREATING AMENDED. No. 299. An Act to amend an Act entitled An Act to establish the City Court of Greenville, in and for the county of Meri-weather,

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etc., approved December 13, 1899, by increasing the pay of the jurors and bailiffs of said Court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the words one dollar and a half after the word of and before the word per in the 28th Section, line 20 of said Act referred to in the title of this Act, be stricken, and the words two dollars be substituted therefor. Greenville, City Court of. Per diem of jurors. SEC. 2. Be it further enacted by the authority aforesaid, That said Act be further amended by striking the words one dollar and a half after the word services and before the word per in the fifth line of Section 29 of said Act, and substituting therefor the words two dollars. Per diem of Bailiffs. SEC. 3. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved July 19, 1910. MADISON, CITY COURT OF, ESTABLISHED. No. 565. An Act to establish the City Court of Madison, in the city of Madison, in and for the county of Morgan, to define its jurisdiction and powers, to provide for the election of a Judge and other officials thereof, to define the powers duties of the Judge and other officials thereof, to provide

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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 is hereby enacted by the authority of the same, That the City Court of Madison, to be located in the city of Madison, in the county of Morgan, is hereby established and created with civil and criminal jurisdiction over the whole county of Morgan concurrent with the Superior Court, to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved, inclusive of interests, is as much as fifty dollars; except those of which the Constitution of this State has given to 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 Morgan. 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 are now, or hereafter may be, in use in the Superior Court, either under the common law or statute including among others, attachment and garnishment proceedings, illegalities, counter affidavits to any proceedings from said Court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages and quo warranto; provided, that said City Court shall have jurisdiction to try and dispose of civil cases in which the amount claimed or involved is less than fifty dollars, if the plaintiff in said case will pay in advance the officers of the Court the difference between the justice court cost and the City Court cost. Madison, City Court of, established. Jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, That the Judge of said Court shall be elected by the

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people of Morgan county; that his term of office shall be four years and until his successor is elected and qualified, and all vacancies in said office of Judge shall be filled by a special election to be called by the Ordinary of said county within thirty days of the occurring of said vacancy, and it is hereby made the duty of said Ordinary to call said election in such case. The first election shall be held at the regular election, in October, 1912, and the term of office of the person elected shall begin on January 1st, thereafter, but this shall not be construed to prohibit a special election to be called by the Ordinary to fill a vacancy should one occur in said office prior to October, 1912. Provided, however, That the present Judge of the County Court, K. S. Anderson, shall be the Judge of said City Court and is hereby appointed Judge of said Court for and during his unexpired term as Judge of the County Court, and until January 1st thereafter. The Judge of said Court shall receive a salary of fifteen hundred dollars per annum, which salary shall be paid monthly by the treasurer of Morgan county, and it shall be the duty of the Commissioners of Roads and Revenues of said county, or other proper officer, to make provision annually and levy the taxes for this purpose. The said Judge shall receive no other compensation, but may practice law in any court except his own. Judge, election and term of office. Salary. SEC. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said Judge ship unless he be at the time of his qualification at least twenty-five years old, and a resident of Morgan county four years immediately preceding the appointment, and must have practiced law five years. He shall, before entering upon the duties of his office, give a bond in the sum of one thousand dollars, payable to the Governor of the State, said bond to be filed and approved by the Ordinary

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of Morgan county, and shall take and subscribe the following oath: I solemnly swear that I shall administer justice, without respect to persons, and do equal rights to poor and rich, 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 Madison, of this county and 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, which oath shall be filed in the Executive Department. Qualifications. Bond. Oath. SEC. 4. Be it further enacted by the authority aforesaid, That the duty of the Solicitor of said Court shall be to prosecute for all offenses cognizable before said Court. His term of office, the manner of his election and the manner of filling vacancies in said office shall be the same as in case of the Judge as provided in Section two hereof; provided, however, the present Solicitor of the County Court, A. G. Foster, shall be Solicitor of said City Court, and is hereby appointed Solicitor of said City Court for and during his unexpired term as Solicitor of the County Court, until January 1st, thereafter. No one shall be eligible for the office of Solicitor unless he, at the time of his appointment, is at least twenty-five years old and a resident of the territory embraced in the county of Morgan, and must have practiced law two years. The said Solicitor shall receive for his services a salary of twelve hundred dollars per annum, to be paid monthly by the treasurer of Morgan county. The salary of said Solicitor shall be paid from the sum arising from the fines and forfeitures of said City Court of Madison, whenever there is a sufficient amount of the same in the hands of the treasurer. Should there, at any time when said Solicitor's salary becomes due, not be in the hands of

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the said treasurer enough of said funds to pay said salary, then the balance lacking after the funds arising from the fines and forfeitures of said Court 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 City Court Judge shall appoint a Solicitor pro tem., who shall receive for every case finally disposed of in said Court found upon open accusation or indictment, a fee of ten dollars, to be paid by the treasurer of Morgan county, upon certificate or order of said City Court Judge. There shall be collected in each case for Solicitor's fees the same fees that are allowed Solicitors-General for similar services in the Superior Court, which shall be paid to the treasurer of Morgan county. Solicitor, election and term of office. Qualification. Salary. solicitor pro tem. SEC. 5. Be it further enacted by the authority aforesaid, That the Solicitor of said Court shall for his services in the Court of Appeals and Supreme Court be paid out of the treasury of the State, the same fees and in the same manner as the Solicitor-General of the Superior Court is paid for like services rendered in the said Courts. Said Solicitor before entering upon his duties as said Solicitor, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially without fear, favor, or affection, discharge my duties as Solicitor of the City Court of Madison, so help me God, and shall give bond in the sum of two thousand dollars, payable to the Governor of the State, said bond to be filed with and approved by the Ordinary of Morgan county, for the faithful discharge of his duties as Solicitor. Fees of Solicitor for services in Supreme Court and Court of Appeals. Oath and bond. SEC. 6. Be it further enacted by the authority aforesaid, That the clerk of the Superior Court of Morgan county shall be the clerk of the City Court of Madison, and

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said clerk shall, before entering upon his duties of the office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the book of minutes of said City Court. He shall also before entering upon the duties of the office execute a bond, with good security, in the sum of one thousand dollars for the faithful discharge of the duties of the office. Clerk. SEC. 7. Be it further enacted by the authority aforesaid, That the sheriff of the Superior Court of Morgan county shall be the sheriff of the City Court of Madison. Before entering upon the discharge of his duties of the office, said sheriff shall execute a bond of good security in the sum of two thousand dollars for the faithful discharge of the duties of the office. He shall have power to appoint a deputy, or deputies, with the consent of said Judge. It shall be the duty of said Judge of the Court to approve the bond required to be given by both the clerk of said Court and the sheriff, as provided in this Section and Section 6 of this Act. Sheriff. SEC. 8. Be it further enacted by the authority aforesaid, That all of the duties and liabilities attached to the office of clerk of the Superior Court and to the office of sheriff of the Superior Court, shall attach to the office of clerk of the City Court of Madison and to the office of sheriff of the City Court of Madison respectively, and that the Judge of the said City Court of Madison is empowered to enforce the same authority over said clerk and sheriff and their departments as is exercised by the Judge of the Superior Court over the clerks of the Superior Court and sheriffs of the counties of Georgia. Duties of officers.

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SEC. 9. Be it further enacted by the authority aforesaid, That the clerk of said City Court shall be paid two dollars per day and the sheriff two dollars per day for attendance upon said Court, and unless otherwise specified in this Act, they and their deputies shall receive for all other services the same fees as are allowed by law for like services in the Superior Court, and for services rendered, when no compensation is provided by law, they shall receive such compensation as the Judge of said Court shall, in his discretion allow. They shall be amenable to the same processes and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Court, as they are now entitled to in the Superior Court. Per diem of clerk and sheriff. SEC. 10. Be it further enacted by the authority aforesaid, That the Judge of the City Court shall have power to issue writs of habeas corpus and to hear and dispose of same in the same way and with the same power as the Judge of the Superior Court. Habeas Corpus. SEC. 11. Be it further enacted by the authority aforesaid, That the terms of said City Court shall be held quarterly for the trial and disposition of civil and criminal business, either or both. Such terms to be held on the first Monday in January, April, July and October, and the Judge may, in his discretion, hold adjourned or special terms of said Court whenever the business so demands, for which he may require the attendance of juries. He may hold said Court at other times than the regular term for the transaction of criminal and civil business which does not demand a jury, and it shall be his duty to try and dispose of this class

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of business as soon as possible, consistent with the interests of the State, and the accused, and the parties at variance, and for this purpose said Court shall always be open without regard to terms. The City Court Judge shall have power to hold said Court in session from day to day and from time to time as may be required by the business of the Court. Terms of Court. SEC. 12. Be it further enacted by the authority aforesaid, That suits in City Court shall in all respects be conformable to the mode of proceeding in the Superior Court, except as hereinafter provided. But the process to writs shall be annexed by the Clerk of the City Court, be attested in the name of the Judge thereof, and be directed to and be served by the Sheriff of the City Court of Madison, or his deputies thereof. Procedure. SEC. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleading and practice the laws governing the Superior Court, when not inconsistent with this Act, and unless otherwise provided by this Act, shall be applicable to said City Court. Practice. SEC. 14. Be it further enacted by the authority aforesaid, That the Judge of the City Court shall have the power and authority to hear and determine without a jury, all civil cases over which said Court has jurisdiction, and to give judgment and execution therein, provided, always, that either party in any cause shall be entitled to a trial by a jury in said Court by entering a demand therefor by himself or his attorney in writing, on or before the call of the docket at the term to which said cause is returnable, in all cases when said party is entitled to said trial by a jury under the Constitution and laws of this State. Trials.

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SEC. 15. Be it further enacted by the authority aforesaid, That all judgments obtained in said Court shall be a lien on all property of the defendant, or defendants, throughout the State, in the same manner as judgments in the Superior Court are, but property exempt from levy and sale under the process of said Court, and all executions issuing from said Court, shall be attested in the name of the Judge, signed by the clerk, and directed to the sheriff, or his deputies, of the City Court of Madison, and to all and singular the sheriffs or their deputies of the State of Georgia. Lien of judgments. SEC. 16. Be it further enacted by the authority aforesaid, That said Court shall have jurisdiction of all claim cases where personal property is levied upon under execution or other process from said Court, and such claims shall be tried in the same manner as claims are tried in the Superior Court. Claims to personalty. SEC. 17. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said City Court, shall be returned to the Superior Court of the county where such real property is situated, and shall there proceed as other claims in the Superior Court. Claims to realty. SEC. 18. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachment and garnishment as to any matter whatever in the Superior Court of this State, shall apply to said City Court, as if named with the Superior Court, so far as the nature of the City Court will admit. Attachments in said City Court, returnable to said Court, shall be directed to the sheriff, or his deputies of the City Court of Madison, and to all and singular the sheriffs and constables of the State; and the

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Judge of said City Court may, or any justice of the peace or notary public, may issue attachments returnable to said City Court under the same law governing the issuing of attachments returnable to the Superior Courts. Attachments and garnishments. SEC. 19. Be it further enacted by the authority aforesaid, That the garnishment and attachment proceeding and proceedings on distress warrants in said City Court shall be conformable to the laws of the State on the subjects in the Superior Court. Distress warrants. SEC. 20. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said City Court shall be had as in the Superior Court, but scire facias shall run throughout the State, and may be served by any sheriff or his deputies thereof. Scire facias. SEC. 21. Be it further enacted by the authority aforesaid, That the general laws of the State with regard to the commencement of suits in the Superior Court, defenses, set offs, affidavits of illegalities, arbitration, examination of parties to suits, or witness by interrogatories or under subp[oelig]nas, witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of the said City Court, shall be applicable to the said City Court. Procedure. SEC. 22. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within the jurisdiction and all cases according to the laws of the State, and the Judge and all other officers of said City Court, shall have power respectively to administer all oaths pertaining to the

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said City Court, as the Judge and other officers in the Superior Court may do, and said Judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which, by existing laws, deeds and papers may be attested and affidavits may be administered by justices of the peace of this State; and the Judge of said City Court shall have all the power and authority throughout his jurisdiction of the judges of the Superior Court, and all laws relating to the governing of Judges of the Superior Court shall apply to the Judge of the said City Court in so far as the same may be applicable except as herein provided. Perpetuation of testimony. Powers of judges and officers. SEC. 23. Be it further enacted by the authority aforesaid, That any default entered by the Judge of the said City Court may be opened during the term at which said default is entered, upon the payment of the costs or at the discretion of the said Judge; and that after the expiration of the term at which the said default is entered, the said Judge may open said default upon the same terms and conditions as may Judges of the Superior Court of this State. Defaults, how opened SEC. 24. Be it further enacted by the authority aforesaid, That the said City Court of Madison shall be a court of records and shall have a seal; and such records and files as are required by law to be kept for the Superior Court, shall be kept in and for said City Court, and in the same manner; and all laws applicable to the duties of the clerk and sheriff of said Superior Court shall apply to them in said City Court except where they conflict with the provisions of this Act. Seal and records. SEC. 25. Be it further enacted by the authority aforesaid, That the Judge of the City Court aforesaid shall have

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the power to enforce the orders to preserve order, to punish for contempt, and to enforce all of his judgments as is vested by law in the Judges of the Superior Court in this State. Powers of judge. SEC. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of the City Court of Madison to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Morgan county, as provided from time to time for such Superior Court. From said copy so made, traverse jurors of said City Court shall be drawn in the following manner. The clerk of said City Court shall write upon separate tickets the name of such traverse juror, and shall number the same and place them in a box to be prepared for the purpose, from which shall be drawn eighteen traverse jurors in the manner as is now required by law in the Superior Court. All laws with reference to drawing and selection, summoning traverse jurors in the Superior Court 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 of force in the county of Morgan shall apply to and be of effect in said City Court. Juries, how drawn. SEC. 27. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, relations, empaneling, finding and challenging jurors now in force in this State or hereinafter enacted by the General Assembly relating to the same in the Superior Court, shall apply to and be observed in said City Court, except where inconsistent with the provisions of this Act. Qualifications, etc., of jurors. SEC. 28. Be it further enacted by the authority aforesaid, That the eighteen jurors drawn and summoned as

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above provided shall be empaneled, and in all cases, civil or criminal, trial by a jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall have three strikes, and in criminal cases the defendant shall have six strikes and the State shall have four strikes; ten shall thus constitute a jury. When a jury of eight shall have retired for the purpose of considering a case, the parties in any case may by consent agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case, or defendant in a criminal case, deelines 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 each panel. The jurors, those drawn on the regular panel and likewise the 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 serving as jurors in said Court, the same to be paid under the rules governing the payment of Superior Court jurors. Selection of jurors. Per diem of jurors. SEC. 29. Be it further enacted by the authority aforesaid, That the sheriff of said Court is authorized with the approval of the Judge to appoint at each term of said Court not exceeding two bailiffs as officers of said Court, who shall receive for said services two dollars per day, the same to be paid under the rules governing the payment for like services in the Superior Court. Bailiffs SEC. 30. Be it further enacted by the authority aforesaid, That all criminal cases in the City Court shall be tried by the judge thereof without a jury except when the accused

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in writing shall demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused may not thereafter have the right to recall such waivers, except in the discretion of the Court. If, upon the trial of any case, it shall appear to the Judge that the evidence makes a case of felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next Superior Court as in preliminary examinations. Trial of Criminal cases. SEC. 31. Be it further enacted by the authority aforesaid, That the defendant in criminal cases in said City Court shall be tried on a written accusation setting forth plainly the offense charged, founded upon the affidavit of the prosecutor, and signed by the Solicitor of said Court, unless the defendant demands an indietment by the grand jury of Morgan county. All the proceedings after accusation shall conform to the rules governing like cases in the Superior Court, except there shall be no jury trial unless demanded by the accused as hereinbefore provided. In all cases tried, the accusation shall set forth the offense charged with the same particularity both as to matter of form and substance as required by the laws and rules of criminal pleadings to be observed in bills of indictment in the Superior Court. Accusation. SEC. 32. Be it further enacted by the authority aforesaid, That the Judge of the Superior Court shall send down from the Superior Court of Morgan county to said City Court for trial and final disposition, all presentments and indictments for misdemeanor, which may be undisposed of at the close of each term of the Superior Court, and the order transmitting said cases shall be entered on the minutes of both said Courts, provided nothing in this Act shall be construed to deprive a defendant of the right to demand an indictment by the grand jury of Morgan county. Misdemeanor cases transferred.

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SEC. 33. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the peace and notary publics of Morgan county to bind over to said City Court all persons charged with offenses, committed within the limits of Morgan county, over which said City Court has jurisdiction, there to answer for said offenses. Appearance bonds. SEC. 34. Be it further enacted by the authority aforesaid, That a writ of error shall be direct from said City Court to the Supreme Court of the State or the Court of Appeals of the State, upon a bill of exception, filed under the same rule and regulation as govern and control the issue of writs of error and filing a bill of exception in the Superior Court of this State. Writs of error. SEC. 35. Be it further enacted by the authority aforesaid, That in all cases in said City Court, the same powers and rights as to waivers, pleadings or procedure, or other matters pertaining to the same, shall be allowed and upheld by the laws, rules as to parties in the Superior Court of said State. Provided, however, that in all criminal cases in this Court, and in all civil cases where the amount involved is less than one hundred dollars, counsel for neither party shall occupy more than one-half hour in the whole discussion of the case after the evidence is closed, unless the time is extended for a good cause shown in the discretion of the Judge. Provided, further, That in all trials and criminal cases, the counsel for the State shall have the right in any stage of any trial to amend the allegation both in substance and in form, so as to cure any legal technical defects. Practice. SEC. 36. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the power to grant a new trial in any case, civil or criminal, in his

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Court, upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of a new trial in the Superior Court. All rules of pleadings, practice and proceedures, governing motions, rules nisi, and other proceedings in new trials in the Superior Court, shall apply to and govern the same in the City Court. When a criminal case is heard, at a special session of the City Court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the Judge of said City Court within five days after rendition of a judgment complained of unless the time is extended for a good cause, shown, in the discretion of the Judge in said Court. In other respects such motion shall be governed by the ordinary rules aforesaid. New trials. SEC. 37. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, co-partners or joint trespassers, in which any one or more reside in the county of Morgan may be brought in said Court, whether its jurisdiction is already stated under the same rules and regulations governing said cases in the Superior Court, mulatis mutandis as to copies, second original, return, and other matters connected with the suit. Suits against joint obligors, etc. SEC. 38. Be it further enacted by the authority aforesaid, That all rules of the Superior Court relating to continuances, motions, pleas, and practices, shall be applicable to the said City Court, and shall obtain therein. Practice. SEC. 39. Be it further enacted by the authority aforesaid, That all petitions shall be filed in the Clerk's office of said City Court at least twenty days before the term of the Court to which they are returnable, and if not filed within twenty days they shall be made returnable to the

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next term thereafter. The service of process shall be at least fifteen days before the return term, and all suits shall stand for trial at the second term as in the Superior Court, the first term being the appearance or return term; provided, however, that in all suits where the amount of the principal claim does not exceed one hundred dollars, the said suit shall stand for trial at the first term unless continued for good cause shown, and provided, further, that all such suits for amounts not exceeding one hundred dollars as aforesaid, shall be filed fifteen days before the term of Court to which they are returnable and served ten days before that term; and provided, further, that judgment shall be entered at the first term in all undefended suits and in all suits where a defense under oath is not filed the first term, and in all suits where a plea is filed and stricken. All laws and rules that are now, or may hereafter, be in force in the Superior Courts of the State in regard to appearance and pleading, calling the appearance docket, services, motions, waivers, acknowledgements, pleadings, trials, examination of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, demurrers, amendments, pleas, proceedure and practice, legal remedies, the production of books, papers, etc., and the eveidence shall appertain in said Court, except as otherwise provided for in this Act. Return day and trial term. Practice. SEC. 40. Be it further enacted by the authority aforesaid, That whenever the Judge of said City Court is from any cause disqualified from presiding, and the Judge of the Superior Court cannot from any cause preside in said Court, as provided for in said Constitution, then upon consent of parties in any civil case, or upon their failure or refusal to agree, said case shall be tried by a Judge pro hac vice, selected in the same manner as now provided for in the Superior Court. Disqualified cases.

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SEC. 41. Be it further enacted by the authority aforesaid, That in case of the absence of the Judge of said City Court at any term thereof, the sheriff or clerk of said Court may adjourn it to such time as the Judge may, in writing direct, or if no direction be given, the Court shall be adjourned to the next regular term. Absence of Judge. SEC. 42. Be it further enacted by the authority aforesaid, That the Judge of the City Court of Madison is hereby authorized to turn over to the proper authorities of the county of Morgan all the convicts sentenced from said City Court, to be by them treated and used as are the misdemeanor convicts from the Superior Courts of said State. Convicts, disposition [Illegible Text] SEC. 43. Be it further enacted by the authority aforesaid, That all fines, forfeitures, and convict hire, arising from cases tried in said City Court, shall be collected by the Solicitor of the City Court and paid to the county treasurer of Morgan county, who shall keep a separate account of the same, and the said treasurer shall pay to the several officers their costs in each particular case according to the order 01 the City Court Judge, which said order shall be drawn by the clerk of the said City Court and signed by him and countersigned by the said City Court Judge; provided, that in each criminal case, where the defendant is convicted and is turned over to the county authorities of Morgan county, the said county shall pay to all such officers of said Court as receive fees for their services and also to all the various justices of the peace, and constables of said county, their entire costs in each of said cases, which shall be paid by the county treasurer of Morgan county, upon the orders of the Judge of said City Court, which shall be drawn and signed as hereinbefore provided for the drawing and signing of orders upon the treasurer of said county; provided, however,

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that in all cases transferred from the Superior Court of Morgan county to the City Court, the Solicitor-General of the Superior Court shall be entitled to such Solicitor's costs as shall have accrued on bills of indictment or special presentment up to the time of the transfer, which said sum shall be likewise paid by the treasurer of Morgan county out of sums in his hands arising from fines, forfeitures and convict hire from said City Court, upon the order of the City Court Judge, as aforesaid. Fines, forfeltures and convict hire. SEC. 44. Be it further enacted by the authority aforesaid, That the Solicitor of said Court shall make monthly settlements on the first Monday in each month, with the county treasurer, of all sums coming into his hands by virtue of his office, and which he shall be required to pay over to the said county treasurer under this Act. Provided, That during the present term of the Solicitor-General of the Ocmulgee Judicial Circuit, all monies arising from fines and forfeitures in said City Court shall be first applied to the payment of all costs due said Solicitor-General, and the clerk and sheriff of the Superior Court of Morgan county in the particular cases transferred to said Court from the Superior Court, and one-half of the remainder of said monies shall be paid over to said Solicitor-General and by him credited upon cost bills of said Solicotor-General of the Ocmulgee Circuit and said clerk and sheriff of the Superior Court of Morgan county. Solicitor. SEC. 45. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues, or other proper officers of Morgan county shall provide for the necessary books for keeping the dockets, minutes and records of said Court, and the necessary books to be kept and used by each of the officers thereof, and shall provide a

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suitable place for the holding of said City Court in the city of Madison, and also provide a suitable office for said City Court Judge. Books and court room, how provided. SEC. 46. Be it further enacted by the authority aforesaid, That the Clerk and Solicitor of said Court shall annually make and file with the grand jury of Morgan county at the spring term of the Superior Court of said county a full and complete report of all criminal matters disposed of in said Court, showing the final disposition of said case, the amount and disposition of the fines, forfeitures and convict hire collected, the amount and disposition of costs collected; and the said City Court clerk shall place before the grand jury of said county, the minutes, records and dockets of said City Court, for inspection by the said grand jury, and a failure on the part of said clerk and Solicitor to comply with any requirements of this Section shall subject the said Judge or Solicitor to be removed from office, by the Governor, upon the recommendation by the grand jury of said county. Reports by clerk and solicitor to grand juries. SEC. 47. Be it further enacted by the authority aforesaid, That if the defendant in any criminal case shall have given bail for his or her appearance at a time when the said City Court is not in term or when jurors are not in attendance upon said City Court, the said Court shall proceed to forfeit said bail in the manner now provided by law. The rule nisi and scire facias, to be made returnable to the next regular term of said Court; provided, that said term of the Court shall not be held within twenty days, and which event they shall be returnable to the next succeeding term. If at the term the rule nisi and the scire facias are returnable, no answer has been filed, the rule shall be made absolute, and judgment rendered for the amount of bail.

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SEC. 48. Be it further enacted by the authority aforesaid, That there shall be a competent stenographer for said City Court of Madison, appointed by the Judge thereof, and in all civil cases in the said Court, the same be reported at the request of either the plaintiff or the defendant, and the fees for reporting such cases shall be the same as are allowed for similar services in the Superior Court to be paid by plantiff and defendant equally, and in the final disposition of the case to be taxed against the 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 report all criminal cases when either the defendant or the State's attorneys shall demand it. Said stenographer shall be paid for his services ten dollars for each day's work, while actually engaged in reporting criminal business, and it shall be his duty to transcribe all stenographic notes when so required by either the State or defendant, without further compensation. The fees of said stenographer to be paid out of the treasury of Morgan county by the treasurer of said county, for criminal work in said Court. Stenographer. SEC. 49. Be it further enacted by the authority aforesaid, That all cases, civil and criminal, now pending and undisposed of in the County Court of Morgan county, shall be and are hereby transferred to the said City Court of Madison, and the same shall be placed upon the proper dockets in said City Court. All final and other processes now in the hands of the sheriff, bailiff, or other officers, which are made returnable to the County Court, shall be by them returned to said City Court instead of said County Court. The Judge and other officers of the said City Court shall have the powers and authority to issue and enforce

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in the name of said Court, any and all processes in any case from the County Court necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the County Court; all records, books and papers disposed of and of file in said County Court shall be filed and deposited with the Clerk of the City Court; all final and other processes not satisfied now in the hands of the sheriff of said county, shall be levied and enforced by the sheriff of said City Court, and returns therefor made in said City Court. And said clerk of said City Court as the custodian and keeper of such books and records, shall, whenever he may be requested so to do, and upon payment to him of the fees prscribed by law, make and certify copies of anything appearing on such County Court books or records and such certified copies shall stand upon the same basis as evidence, shall be given the same faith and credit now given similar acts of the clerk of said County Court. Cases pending in County Court transferred. SEC. 50. Be it further enacted, That this Act shall not take effect until October 1, 1910. SEC. 51. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910. NOTE BY COMPILER: Section 47 has been compared with enrolled copy in the office of the Secretary of State, which is as above printed.

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NEWTON, CITY COURT OF, ABOLISHED. No. 556. An Act to abolish the City Court of Newton; to provide for the disposition of business pending in said City Court, 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 on and after the first day of January, 1911, the City Court of Newton in the county of Baker, be, and the same is, hereby abolished. Newton, City Court of, abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all records, papers, books, suits mesne and final processes of whatever nature, and all criminal cases that may be pending in the City Court of Newton at the time this Act goes into effect as aforesaid be, and the same are, hereby transferred to the Superior Court of Baker county for trial and disposition. Provided, the provisions of this Act shall become of full force and effect only when ratified by a majority of the votes cast by the qualified voters of Baker county at an election to be held for the purpose of submitting the provisions of this Act to the qualified voters of Baker county for their approval, which said election shall be held on the same date as the general election of State officers of Georgia is held, and those who wish to cast ballots for the provisions of this bill shall do so by casting ballots having written or printed upon them the words Against the City Court of Newton, and those who wish to cast ballots in favor of the City Court of Newton and against the provisions of this bill shall do so by casting ballots having written or printed on them the words For the City Court of Newton. Records, suits, etc., transferred to Superior Court. Ratification of this Act.

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SEC. 3. 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 15, 1910. OGLETHORPE, CITY COURT OF, ACT CREATING AMENDED. No. 426. An Act to amend Section 13 of an Act approved August 22, 1907, entitled An Act to establish the City Court of Oglethorpe in and for the county of Macon, to define its jurisdiction and powers, etc., so as to change and fix the times for holding the regular terms of 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 Section 13 of the above recited Act to establish the City Court of Oglethorpe be, and the same is, hereby amended by striking from said Section 13 the following words, second Monday in March, June, September, December, and inserting in lieu thereof the following: Fourth Monday in January, second Monday in April, fourth Monday in July, and second Monday in October, so that said Section when so amended will read as follows: Section 13. Be it further enacted, That a regular term of the said City Court of Oglethorpe shall be held quarterly, beginning on the fourth Monday in January, the second Monday in April, the fourth Monday in July and the

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second Monday in October of each year. The Judge of said Court shall have the power to hold said Court in session so long as, in his judgment the same may be necessary, and to adjourn the same from one time to another as he may see proper. Oglethorpe, City Court of. Terms of Court. SEC. 2. Be it further enacted, That all cases, writs, processes, and other matters returnable to, or in order for trial, at the September term of said Court next succeeding the passage of this Act shall be, and the same are, hereby made returnable to, and triable, respectively, at the term of said Court, beginning on the second Monday in October, as provided for in this Act. Suits, how returned 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 12, 1910. SAVANNAH, CITY COURT OF, LAWS IN RELATION TO, AMENDED. No. 439. An Act to alter and amend the several laws relating to the City Court of Savannah, 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, defendants in cases brought in the City Court of Savannah, shall file his demurrer, plea or answer in writing on or

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before the opening of the Court at the return term of the suit, and the pleadings shall conform to the general law of the State. In case of default, the same shall be noted on the docket, and in such case the defendant may of right before the opening of the Court, on the Monday following the beginning of the term, open the default by filing and pleading not dilatory. If the default be not so opened the plaintiff may proceed ex parte and establish his demand, upon the proof thereof, but the Judge of said Court may upon cause shown either before or after final judgment open a default at any time within thirty days from the opening of the term. City Court of Savannah, Defences, when filed defaults, etc SEC. 2. Be it further enacted, That whenever the judge of said Court is absent from the State of Georgia, any judge of a City Court of the State of Georgia be, and he is, hereby qualified, and may preside in the place and stead of the Judge of said Court. Absence of judge. SEC. 3. Be it further enacted by the authority aforesaid, That the deputy clerk of the City Court of Savannah shall be paid out of the treasury of Chatham county, Georgia, as other Court expenses are paid a salary of one thousand dollars per annum, in equal monthly installments. Salary of deputy clerks. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 12, 1910.

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SWAINSBORO, CITY COURT OF, ACT CREATING AMENDED. No. 434. An Act to amend an Act, entitled An Act to establish the City Court of Swainsboro, in and for the county of Emanuel; to define its jurisdiction and power; to provide for the appointment of a Judge, Solicitor and other officers thereof; to define their duties and powers; to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes, approved August 14, 1906, as amended by Acts of 1907, approved August 22, 1907, by striking out of Section 3 of said Act of 1906, all the words in said Section of said Act, commencing with the word thirty in line three, page 338, and ending with the word seven in line five, and inserting in lieu thereof the following: twenty-five years of age, a resident of Emanuel county two years immediately preceding the appointment, and must have practiced law continuously for three years, so that said Section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said Judge unless he be at the time of his appointment at least twenty-five years of age, a resident of Emanuel county for two years immediately preceding the appointment, and must have practiced law continuously for three years next preceding his appointment. He shall before entering upon the duties of his office, take and subscribe the following oath: `I do solemnly swear that I will administer justice without regard to persons, and do equal right to the rich and poor, 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

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Swainsboro 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,' which oath shall be filed in the Executive Department. Also by striking out of Section 8 of said Act of 1906, on page 339, all the words in said Section of said Act, commencing with the word twenty-five in line 14, and ending with the word years in line fifteen, and insert in lieu thereof the following twenty-three years, and shall have been a resident of said county and a practicing attorney at law one year. So that said Section, when so amended, shall read as follows: Be it further enacted by the authority aforesaid, That there shall be a Solicitor of the City Court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold office for the term of two years; provided, however, that the first term of his office shall expire January 1, 1907; provided, further, that all terms thereafter shall be for two years from said date. All vacancies in said office shall be filled by appointment of the Governor for the remainder of the unexpired term, and should a vacancy occur when the Senate shall not be in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the Senate at the next session thereafter. No person shall be appointed Solicitor of said City Court, unless at the time of his appointment he shall have arrived at the age of twenty-three years, and shall have been a resident of said county and a practicing attorney at law two years immediately before his appointment. And also by striking out of Section 24 of said Act of 1906, on page 344, all the words in said Section of said Act, commencing with the word he in line nine and ending with the word Swainsboro in line eleven, and insert in lieu thereof the following: he shall not

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during his tenure of office be allowed to practice law in said City Court of Swanisboro, or in any case that originates in the Superior Court of Emanuel county that might, by order of the Judge of the Superior Court, be transferred to said City Court for trial by said City Court, nor shall he be allowed to represent any misdemeanor case in any court of Emanuel county; provided, further, that said Section shall not be construed so as to prohibit the Judge of the City Court from practicing in the courts of Ordinary, justice courts and Superior Courts, or any of the courts of the United States, except in such criminal cases as are generally denominated misdemeanors. So that said Section, when so amended, shall read as follows: Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the Judges of the Superior Courts in this State. The Judge of said City Court, when so appointed, shall hold his office for the term of four years; provided, however, that the first term of his office shall expire January 1, 1907; provided, further, that all other terms thereafter shall be for four years from said date. He shall not during his tenure of office be allowed to practice law in said City Court of Swainsboro, or in any case that originates in the Superior Court of Emanuel county that might by order of the Judge of the Superior Court be transferred to said City Court for trial by said City Court, nor shall he be allowed to represent any misdemeanor case in any court of Emanuel county. Provided, further, that this Section shall not be so construed as to prohibit the Judge of the City Court from practicing in the courts of Ordinary, justice courts and Superior Courts, or any of the courts of the United States, except such criminal

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cases as are generally denominated misdemeanors. The length of the term of office of said Judge as hereinbefore provided, shall not be increased nor diminished to take effect during the term for which he is appointed; neither shall the manner of selecting the Judge of the City Court of Swainsboro be changed, to take effect during the term in which any Judge is serving. Swainsboro, City Court of. Qualifications of judge. Oath of judge. Solicitor, qualifications, etc. Judge, powers of, etc. Approved August 12, 1910. SWAINSBORO, CITY COURT OF, ACT CREATING AMENDED. No. 405. An Act to amend an Act, entitled An Act to establish the City Court of Swainsboro, in and for the county of Emanuel; to define its jurisdiction and powers; to provide for the appointment of a Judge, Solicitor, and other officers thereof; to define their duties and powers; to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes, approved August 14, 1906, as amended by Acts of 1907, approved August 22, 1907, by striking out of Section 3 of said Act of 1906, all the words in said Section of said Act commencing with the word thirty in line three, page 338, and ending with the word seven in line five, and inserting in lieu thereof the following: twenty-five years of age, a resident of Emanuel county two years immediately preceding the appointment, and must have practiced law continuously for three years. So that said Section, when so amended, shall read as

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follows: Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said Judge unless he be, at the time of his appointment, at least twenty-five years of age, a resident of Emanuel county for two years immediately preceding the appointment, and must have practiced law continuously for three years next preceding his appointment. He shall, before entering upon the duties of his office, take and subscribe the following oath: `I do solemnly swear that I will administer justice without regard to persons, and do equal right to the rich and poor, 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 Swainsboro, 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,' which oath shall be filed in the Executive Department. Also by striking out of Section 8 of said Act of 1906, on page 339, all the words in said Section of said Act, commencing with the word twenty-five in line 14, and ending with the word years in line fifteen, and insert in lieu thereof the following: twenty-three years and shall have been a resident of said county and a practicing attorney at law one year. So that said Section, when so amended, shall read as follows: Be it further enacted by the authority aforesaid, That there shall be a Solicitor of the City Court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold office for the term of two years; provided, however, that the first term of his office shall expire January 1, 1907; provided, further, that all terms thereafter shall be for two years from said date.

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All vacancies in said office shall be filled by appointment of the Governor for the remainder of the unexpired term, and should a vacancy occur when the Senate shall not be in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the Senate at the next session thereafter. No person shall be appointed Solicitor of said City Court unless, at the time of his appointment, he shall have arrived at the age of twenty-three years, and shall have been a resident of said county and a practicing attorney at law two years immediately before his appointment. And also by striking out of Section 24 of said Act of 1906 on page 344, all the words in said Section of said Act, commencing with the word he in line nine and ending with the word Swainsboro in line eleven, and insert in lieu thereof the following: he shall not during his tenure of office be allowed to practice law in said City Court of Swainsboro or in any case that originates in the Superior Court of Emanuel county that might, by order of the Judge of the Superior Court, be transferred to said City Court for trial by said City Court, nor shall he be allowed to represent any misdemeanor case in any court of Emanuel county; provided, further, that said Section shall not be construed so as to prohibit the Judge of the City Court from practicing in the courts of Ordinary, justice courts, and Superior Courts or any of the courts of the United States, except in such criminal cases as are generally denominated misdemeanors. So that said Section, when so amended, shall read as follows: Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all of his judgments as is vested

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by law in the Judges of the Superior Courts of this State. The Judge of said City Court, when so appointed, shall hold his office for the term of four years; provided, however, that the first term of his office shall expire January 1, 1907; provided, further, that all other terms thereafter shall be for four years from said date. He shall not during his tenure of office, be allowed to practice law in said City Court of Swainsboro, or in any case that originates in the Superior Court of Emanuel county that might, by order of the Judge of the Superior Court, be transferred to said City Court, nor shall he be allowed to represent any misdemeanor case in any court of Emanuel county. Provided, further, that this Section shall not be so construed as to prohibit the Judge of the City Court from practicing in the courts of Ordinary, justice courts, and Superior Courts, or any of the courts of the United States, except such criminal cases as are generally denominated misdemeanors. The length of the term of office of said Judge, as hereinbefore provided, shall not be increased or diminished to take effect during the term for which he is appointed, neither shall the manner of selecting the Judge of the City Court of Swainsboro be changed, to take effect during the term in which any Judge is serving. Judge, powers of and term of office. Approved August 10, 1910. NOTE BY COMPILER: This Act is the same as No. 434. Both are of file in the office of the Secretary of State. Neither has an enacting clause.

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SYLVESTER, CITY COURT OF, ACT CREATING AMENDED. No. 507. An Act to amend An Act to establish the City Court of Sylvester, in and for the county of Worth; to define its jurisdiction and powers; to provide for the appointment of a Judge and Solicitor and other officers thereof; to define their powers and duties; to provide for pleading and practice, and new trials in said Court, and writs of error therefrom to the Supreme Court, and for other purposes, approved August 21, 1905. (Acts 1905, pages 369-383), so as to add a proviso at the end of Section 1 of said Act, as follows: Provided, That no case shall be brought in the said Court, and the said Court shall not have jurisdiction of any case, in which the principal amount involved shall not be as much as one hundred dollars. Provided further, That said Court shall not have jurisdiction of any case which the justice's courts of this State now have or may hereafter be given jurisdiction. 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 establish the City Court of Sylvester, in and for the county of Worth; to define its jurisdiction and powers; to provide for the appointment 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, approved August 21, 1905, and appearing in published Acts of 1905 on pages 369 to 382, inclusive, be,

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and the same is, hereby amended so as to add the following at the end of Section 1 of the said Act, to-wit: Provided, That no case shall be brought in the said Court, and the said Court shall not have jurisdiction of any case, in which the principal of value involved shall not be as much as one hundred dollars. Provided further, That the said Court shall not have jurisdiction of any case of which the justice's courts of this State now have or may hereafter be given jurisdiction, so that Section 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 the City Court of Sylvester, to be located in the city of Sylvester, in the county of Worth, is hereby created and established, with civil and criminal jurisdiction over the whole county of Worth concurrent with the Superior Court, to try and dispose of all civil cases of whatever nature, except those of which the Constitution of the State of Georgia 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 Worth; that the jurisdiction herein conferred shall include, not only the ordinary suits by petition and process, but also other kind of suits and proceedings which now or hereafter be in use in the Superior Court, either under the common law or by statute, including among others attachment and garnishment proceedings, illegalities, counter-affidavits to any proceedings of said Court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosures of liens and mortgages and quo warrantos; provided that no case shall be brought in this said Court, and the said Court shall not have jurisdiction of any case, in which the principal amount

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or value involved shall not be as much as one hundred dollars; provided further, that the said Court shall not have jurisdiction of any case of which the justice's courts of this State now have or may hereafter be given jurisdiction. Sylvester, City Court of. Jurisdiction. 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 15, 1910. SYLVESTER, CITY COURT OF, LAW IN RELATION TO AMENDED. No. 499. An Act to repeal an Act entitled An Act to amend an Act approved August 11, 1904, entitled `An Act to establish the City Court of Sylvester, in and for the county of Worth; to define its jurisdiction 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, approved August 6, 1909, (Acts 1909, pages 329-330), 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 the Act entitled An Act to amend an Act approved August 11, 1904, entitled `An Act to establish the City Court of Sylvester, in and for the county of Worth; to define its jurisdiction 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, approved August 6, 1909, and appearing in the published Acts of 1909 on pages 329 and 330, be, and the same is, hereby repealed. Sylvester, City Court of. Trials in misdemeanor cases. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, whatever right or authority may have been given to defendants in the City Court of Sylvester, Worth county, Georgia, by the said Act approved on August 6, 1909, the title of which is fully set forth in the first Section above, to demand indictments by the grand jury of said county, shall no longer be of force, and defendants in said Court shall exercise no rights whatever under the said Act. Indictments in misdemeanor cases. 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 13, 1910.

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SYLVESTER, CITY COURT OF, ACT CREATING AMENDED. No. 327. An Act amending an Act establishing the City Court of Sylvester, in and for the county of Worth, so as to permit the Judge of said Court to practice law in any of the Courts of this State, and of any other State, and of the United States, except in the said City Court of Sylvester. 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 latter portion of the second Section of the Act establishing the City Court of Sylvester, approved August 21, 1905, be amended by striking from said Section the following sentence: Said Judge shall not practice law, except in Federal Courts, during his term of office, and inserting in lieu thereof the following: Said Judge shall be permitted to practice law in any of the courts of this State, and of any other State, and of the United States, except in the said City Court of Sylvester. Sylvester, City Court of. Judge may practice law. 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 3, 1910. WASHINGTON, CITY COURT OF, ACT CREATING AMENDED. No. 529. An Act to amend an Act entitled An Act to establish the City Court of Washington, in and for the county of

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Wilkes, to define its jurisdiction and powers, to provide for the election of a Judge and Solicitor thereof, and the appointment of other officers, to define their powers and duties, and for other purposes, approved August 9, 1905, by fixing the salary of the Judge of said Court after the first day of December, 1911; by limiting the compensation of the Solicitor of said Court after said date; by empowering the clerk to appoint a Judge pro hac vice in the same manner and under like circumstances as clerks of the Superior Courts are allowed to make such appointments; by fixing the fees of the Solicitor of said Court; by providing for the disposition of the fund arising from fines and forfeitures in said Court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 2 of said Act be, and the same is, hereby amended by adding thereto the following: From and after the first day of December, 1911, the salary of the Judge of said Court shall be twelve hundred dollars per annum, and from and after said date said Section shall be read and construed as if the words one thousand between the words salary of in the twentieth line of said Section, and the words per annum in the twenty-first line thereof were stricken out, and the words twelve hundred inserted in lieu thereof. Washington, City Court of. Salary of judge. SEC. 2. Be it further enacted, That Section 10 of said Act be, and the same is, hereby amended by striking out the words or upon their failure to agree, in the fifth line thereof, and by inserting between the word court and the word or in the seventh line thereof the following words: or in case the parties fail to agree, then by a judge pro hac

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vice, to be appointed by the clerk of said Court, as is done by the clerks of the Superior Courts, so that said Section when amended shall read as follows: Section 10. Be it further enacted, That when the Judge of said Court is disqualified from presiding, the Judge of the Superior Court may preside in his stead, and if the Judge of the Superior Court cannot, from any cause preside, then upon the consent of the parties, said case shall be tried by a Judge pro hac vice, selected in the same manner as now provided for in the Superior Court, or in case the parties fail to agree, then by a Judge pro hac vice to be appointed by the clerk of said Court, as is done by the clerks of the Superior Courts, or any Judge of any City Court in this State may preside in said City Court of Washington, in any and all cases, whether said Judge of said City Court of Washington is disqualified or not. Judge pro hac vice. SEC. 3. Be it further enacted, That Section 12 of said Act be amended by striking out all that part of said Section after the word follows, in the sixth line thereof, down to the period in the ninth line thereof, after the words five dollars, and inserting in lieu thereof the following: For every person against whom an accusation is brought, and who is prosecuted to trial or plea of guilty, the sum of ten dollars; for every person indicted or presented, where the indictment or presentment is finally disposed of in said Court, the sum of five dollars; provided, that from and after the first day of December, 1911, the compensation of the Solicitor of said Court shall be limited to one thousand dollars per annum, exclusive of the fees herein prescribed for services in the Supreme Court and Court of Appeals, which he is authorized to retain in addition, and after he has received so much, the balance of the fees and insolvent costs collected, if any, shall be paid over to the treasurer of

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the county of Wilkes, to go into its general fund to be applied first to the payment of the expenses of said Court, after all such expenses are paid, to the payment of such other expenses or indebtedness of Wilkes county as the Commissioner of Roads and Revenues of said county may see fit to apply the same; and by inserting after the word Court in the twelfth line thereof and the word from in the thirteenth line, the words or Court of Appeals; so that said Section when amended shall read as follows: Section 12. Be it further enacted, That it shall be the duty of the Solicitor of said Court to represent the State in all cases in said Court, and in cases carried up to the Supreme Court or Court of Appeals from said City Court to which the State shall be a party, and shall perform therein such other duties as usually appertain to this office. The fees of Solicitor of said City Court shall be as follows: For every person against whom an accusation is brought and who is prosecuted to trial or plea of guilty, the sum of ten dollars; for every person indicted or presented, where the indictment or presentment is finally disposed of in said Court, the sum of five dollars; provided, that from and after the first day of December, 1911, the compensation of the Solicitor of said Court shall be limited to one thousand dollars per annum, exclusive of the fees herein prescribed for services in the Supreme Court and Court of Appeals, which he is authorized to retain in addition, and after he has received so much, the balance of the fees and insolvent costs collected, if any, shall be paid over to the treasurer of the county of Wilkes to go into its general fund, to be applied first to the payment of the expenses of said Court, and after all such expenses are paid, to the payment of such other expenses or indebtedness of Wilkes county as the Commissioner of Roads and Revenues of said county may

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see fit to apply the same. For all other services, not provided for by this Act, the same fees as are allowed Solicitors-General for like services and cases in the Superior Courts. For representing the State in every case carried to the Supreme Court or Court of Appeals from said City Court, fifteen dollars, Solicitor, duties and salary. SEC. 4. Be it further enacted, That Section 23 of said Act be, and the same is, hereby amended by striking out the word to between the word transferred and the words the Superior Court in the tenth line thereof, and inserting in lieu thereof the word from. Transferred cases. SEC. 5. Be it further enacted, That Section 40 of said Act be, and the same is, hereby amended by striking out all of said Section after the enacting clause and insert in lieu thereof the following: That fines and forfeitures imposed and collected by said Court, shall by the clerk of said City Court be paid into the county treasury of Wilkes county, and shall constitute the insolvent fund of said Court, which said insolvent fund shall be paid pro rata on warrant or order of the Judge of said City Court to the Solicitor, sheriff, clerk of said Court and magistrates in cases founded on warrants issued by them and disposed in said City Court, upon their respective insolvent bills approved by the Judge of said Court. So much of said fund as originates from cases transferred from the Superior Court to said City Court, shall in like manner be prorated between the officers of said City Court above mentioned, and the Solicitor-General, clerk and sheriff of the Superior Court, and magistrates who may be entitled to costs in such transferred cases, on their insolvent bills approved by the Judge of said City Court. The treasurer of Wilkes county shall keep said insolvent fund separate from all other funds in his hands.

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Beginning with the first day of December, 1912, there shall be an annual accounting between the clerk of said City Court and the treasurer of Wilkes county as to said insolvent fund, and if there is left in the county treasury any part of said fund after the payment of the approved insolvent bills hereinbefore provided for, it shall be covered into the general fund of said county of Wilkes by order of the Judge of said City Court drawn on said insolvent fund in favor of the treasurer of Wilkes county, and such fund so covered into the general fund of said county shall be applied first to the payment of the expenses of said City Court of Washington, before any part thereof shall be used for any other purpose; the Solicitor of said City Court shall from time to time and from year to year keep up his insolvent cost bills and have the same approved as the other officers do, so as to have the same participate in the division of said insolvent fund for the benefit of said county of Wilkes after the payment of one thousand dollars herein provided for his compensation as such Solicitor. Insolvent fund, how constituted and disbursed. 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 12, 1910. WASHINGTON, CITY COURT OF, ACT CREATING AMENDED. No. 317. An Act to amend an Act entitled An Act to establish the City Court of Washington, in and for the county of Wilkes; to define its jurisdiction and powers; to provide

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for the election of a Judge and Solicitor thereof, and the appointment of other officers; to define their powers and duties, and for other purposes, approved August 9, 1905, by fixing the salary of the judge of said Court after the first day of December, 1911; by limiting the compensation of the Solicitor of said Court after said date; by empowering the clerk of said Court to appoint a judge pro hac vice in the same manner and under like circumstances as clerks of the Superior Courts are allowed to make such appointments; by fixing the fees of the Solicitor of said Court; by providing for the disposition of the fund arising from fines and forfeitures in said Court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 2 of said Act be, and the same is, hereby amended by adding thereto the following: From and after the first day of December, 1911, the salary of the Judge of said Court shall be twelve hundred dollars per annum. And from and after said date, said Section shall be read and construed as if the words one thousand between the words salary of in the twentieth line of said Section and the words per annum in the twenty-first line thereof, were stricken out and the words twelve hundred inserted in lieu thereof. Washington, City Court of. Salary of judge. SEC. 2. Be it further enacted, That Section 10 of said Act be, and the same is, hereby amended by striking out the words or upon their failure to agree in the fifth line thereof, and by inserting between the word court and the word or in the seventh line thereof the following words: or in case the parties fail to agree then by a judge pro hac vice, to be appointed by the clerk of said Court as

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is done by clerks of the Superior Courts, so that said Section when amended shall read as follows: Section 10. Be it further enacted, That when the Judge of said Court is disqualified from presiding, the Judge of the Superior Court may preside in his stead, and if the Judge of the Superior Court cannot, from any cause, preside, then upon the consent of the parties said case shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the Superior Court, or in case the parties fail to agree, then by a judge pro hac vice, to be appointed by the clerk of said Court as is done by Clerks of the Superior Courts, or any Judge of any City Court in this State may preside in said City Court of Washington, in any and all cases, whether said Judge of said City Court of Washington is disqualified or not. Judge, pro hac vice. SEC. 3. Be it further enacted, That Section 12 of said Act be amended by striking out all that part of said Section after the word follows in the sixth line thereof, down to the period in the ninth line thereof, after the words five dollars, and inserting in lieu thereof the following: For every person against whom an accusation is brought, and who is prosecuted to trial or plea of guilty, the sum of ten dollars. For every person indicted or presented, where the indictment or presentment is finally disposed of in said Court, the sum of five dollars; provided, That from and after the first day of December, 1911, the compensation of the Solicitor of said Court shall be limited to one thousand dollars per annum, exclusive of the fees herein prescribed for services in the Supreme Court and Court of Appeals, which he is authorized to retain in addition, and after he has received so much, the balance of the fees and insolvent costs collected, if any, shall be paid over to the treasurer of the county of Wilkes to go into its general fund to be applied

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first to the payment of the expenses of said Court, and after all such expenses are paid, to the payment of such other expenses or indebtedness of Wilkes county as the Commissioner of Roads and Revenues of said county may see fit to apply the same; and by inserting after the word court in the twelfth line thereof and before the word from in the thirteenth line, the words or Court of Appeals, so that said Section when so amended shall read as follows: Section 12. Be it further enacted, That it shall be the duty of the Solicitor of said Court to represent the State in all cases in said Court and in cases carried up to the Supreme Court or Court of Appeals from said City Court, to which the State shall be a party, and shall perform therein such other duties as usually appertain to this office. The fees of the Solicitor of said City Court shall be as follows: for every person against whom an accusation is brought and who is prosecuted to trial or plea of guilty, the sum of ten dollars. For every person indicted or presented, when the indictment or presentment is finally disposed of in said Court, the sum of five dollars; provided, that from and after the first day of December, 1911, the compensation of the Solicitor of said Court shall be limited to one thousand dollars per annum, exclusive of the fees herein prescribed for services in the Supreme Court and Court of Appeals, which he is authorized to retain in addition, and after he has received so much, the balance of the fees and insolvent costs collected, if any, shall be paid over to the treasurer of the county of Wilkes to go into the general fund, to be applied first to the payment of the expenses of said Court, and after all such expenses are paid, to the payment of such other expenses or indebtedness of Wilkes county as the Commissioner of Roads and Revenue of said county may see fit to apply the same. For all other services

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not provided for by this Act, the same fees as are allowed Solicitors-General for like services and cases in the Superior Courts. For representing the State in every case carried to the Supreme Court or Court of Appeals from said City Court, fifteen dollars. Solicitor, duties and salary. SEC. 4. Be it further enacted, That Section 23 of said Act be, and the same is, hereby amended by striking out the word to between the word transferred and the words the Superior Court, in the tenth line thereof and inserting in lieu thereof the word from. Transferred cases. SEC. 5. Be it further enacted, That Section 40 of said Act be, and the same is, hereby amended by striking out all of said Section after the enacting clause and inserting in lieu thereof the following: That fines and forfeitures imposed and collected by said Court shall, by the clerk of said City Court, be paid into the county treasury of Wilkes county, and shall constitute the insolvent fund of said Court, which said insolvent fund shall be paid pro rata on warrant or order of the judge of said City Court, to the Solicitor, sheriff, clerk of said Court, and magistrates, in cases founded on warrants issued by them and disposed of in said City Court, upon their respective insolvent bills approved by the Judge of said Court. So much of said fund as originates from cases transferred from the Superior Court to said City Court, shall in like manner be pro rated between the officers of said City Court above mentioned, and the Solicitor-General, clerk and sheriff of the Superior Court, and magistrates who may be entitled to costs in such transferred cases, on their insolvent bills approved by the Judge of said City Court. The treasurer of Wilkes county shall keep said insolvent fund separate from all other funds in his hands. Beginning

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with the first day of December, 1912, there shall be an annual accounting between the Clerk of said City Court and the treasurer of Wilkes county as to said insolvent fund, and if there is left in the county treasury any part of said fund after the payment of the approved insolvent bills hereinbefore provided for, it shall be covered into the general fund of said county of Wilkes by order of the Judge of said City Court drawn on said insolvent fund in favor of the treasurer of Wilkes county, and such fund so covered into the general fund of said county shall be applied first to the payment of the expenses of said City Court of Washington, before any part thereof shall be used for any other purpose. The Solicitor of said City Court shall from time to time and from year to year keep up his insolvent cost bills and have the same approved as the other officers do, so as to have the same participate in the division of such insolvent fund for the benefit of said county of Wilkes after the payment of the one thousand dollars herein provided for his compensation as such Solicitor. Insolvent fund, how constituted and applied. 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 3, 1910. NOTE BY COMPILER: The preceding Act is the same as No. 529. Both are of file in the office of the Secretary of State.

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WAYCROSS, CITY COURT OF, ACT CREATING AMENDED. No. 331. An Act to amend an Act entitled An Act to establish the City Court of Waycross, in and for the county of Ware; 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 December 11, 1887, so as to provide for an advance deposit of costs in civil cases. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That an Act to establish the City Court of Waycross in and for the county of Ware, to define its jurisdiction and powers, to provide for the appoinment of a judge and other officers thereof, to define their powers and duties, and for other purposes, the same is hereby amended as follows: Waycross. City Court [Illegible Text]. In every case commenced in said Court, the clerk may require of the plaintiff a deposit of costs to an amount not exceeding $4.50, where the principal sum claimed is one hundred dollars or less, and $10.00 where the principal sum claimed is more than $100.00, unless such plaintiff shall file with his declaration an affidavit that he has been advised by his counsel in the case and believes that he has a good cause of action, and that by reason of his poverty he is unable to make such deposit. Cost deposit. SEC. 2. And it is further enacted, That all laws and parts of laws militating against the provisions of this Act are hereby repealed. Approved August 3, 1910.

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CHARLTON COUNTY, COUNTY COURT OF, LAW IN RELATION TO AMENDED. No. 460. An Act to amend the General County Act, so far as it applies to the County Court of Charlton, by denying the right to defendants in misdemeanor cases in the County Court of Charlton to demand indictment by the grand jury of Charlton county before going to trial, 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 all defendants in the County Court of Charlton county, who are charged with misdemeanor offenses shall not have the right to demand an indictment or presentment by the grand jury of said county, but shall go to trial in said county court upon a written accusation based upon the warrant against the defendant, and in accordance with the terms and requirements now prescribed by law in the trial of such cases in the County Courts of this State. County Court of Charlton. Indictment in, denied. SEC. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 13, 1910. MORGAN COUNTY, COUNTY COURT OF, ABOLISHED. No. 445. An Act to repeal an Act to create a County Court in each county of the State of Georgia, except certain counties

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therein mentioned, approved January 19, 1872, and all Acts amendatory thereof, so far as the same applies to Morgan county, and to provide for a disposition of all business pending in the County Court of Morgan 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 above recited Acts and all amendments 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 Morgan, and the County Court of said county of Morgan is hereby abolished; provided, however, that this Act shall not go into effect until the Act creating the City Court of Madison, in the county of Morgan, becomes effective. County Court of Morgan abolished. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1910. PUTNAM, COUNTY COURT OF, ELECTION OF SOLICITOR. No. 456. An Act to provide for electing the Solicitor of the County Court of Putnam county, by the qualified voters of said county; when such elections are to be held, when the term of office of the Solicitor elected under the provisions

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of this Act shall begin; to provide also that said Solicitor shall be placed on a salary to be fixed by the grand jury of said county; to further provide when this Act shall go into effect and become operative, 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 Solicitor of the County Court of Putnam county shall be elected by the qualified voters of said county, at elections to be held for this purpose, as hereinafter provided. County Court of Putnam. Solicitor, election of. SEC. 2. Be it further enacted by the authority aforesaid, That the first election to be held under the provisions of this Act shall be a special election, to be called by the Ordinary of said county, and shall be advertised for four weeks in the newspaper in which the sheriff's advertisements are published, just prior to said election. Said special election shall be held on the first Tuesday in August, 1911, and shall be conducted in all respects as are elections for members of the General Assembly, and for county officers in said county. First election. SEC. 3. Be it further enacted by the authority aforesaid, That the term of office of the Solicitor elected at said special election shall begin on the first day of January, 1912, and he shall hold office and be commissioned by the Governor for a period of four years and until his successor is elected and qualified, and his successor shall in like manner hold office for four years. Term of office. SEC. 4. Be it further enacted by the authority aforesaid, That all future elections for County Court Solicitor of

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said county, after said first special election, shall be held every four years at the same time and place, and be conducted in the same manner and by the same superintendents and managers as is the case in general elections in October for county offices, next preceding the expiration of the incumbent's term of office. Any vacancy in said office, occurring either by death, resignation or otherwise shall be filled by the Governor by appointment of a Solicitor to fill such vacancy, to hold office until the first day of January next succeeding a general election for county officers, at which general election a Solicitor shall be elected for the unexpired term, if any. Vacancies. SEC. 5. Be it further enacted by the authority aforesaid, That said Solicitor must be at least twenty-four years of age, a qualified voter of said county, and an attorney at law; and before entering upon the duties of his office shall take and subscribe to the same oath required of Solicitors-General of this State, and give bond in the sum of five hundred dollars with security to the Ordinary of said county, conditioned upon the faithful performance of the duties of the office. Qualifications, oath and bond. SEC. 6. Be it further enacted by the authority aforesaid, That the Solicitor of said County Court shall be placed upon a salary to be fixed by the grand jury of said county, in such an amount as they may deem to be just and proper, and that this salary shall be fixed by said grand jury at the spring term of Putnam Superior Court, 1911, and once every four years thereafter, at the spring term; said salary shall be paid monthly by the treasurer of Putnam 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 in levying taxes, for this purpose. The

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Solicitor shall receive no other compensation for his services as such Solicitor than his salary herein provided. After said salary has been so fixed, all costs which would otherwise accrue and belong to said Solicitor, in any and all convictions for crime, as well as said Solicitor's part of all fines and forfeitures, shall be collected by said Solicitor, and paid over to the treasurer of Putnam county, to be used for the benefit of said county, as its proper authorities may determine. Salary. SEC. 7. Be it further enacted by the authority aforesaid, That this Act shall not become operative and go into effect until the same has been partly or as a whole ratified and adopted by a vote of a majority of the qualified voters of said county, who shall, at the general election to be held in October, 1910, determine by ballot whether or not this Act, or a part thereof, shall go into effect and become operative as follows: Those wishing to place the Solicitor of the County Court of said county upon a salary, as herein provided, shall cast ballots having written or printed thereon the words, For placing the Solicitor of the County Court upon a salary; those opposed to placing said Solicitor upon a salary, shall cast ballots having written or printed thereon the words Against placing the Solicitor of the County Court upon a salary. In like manner those who are in favor of electing the Solicitor of the County Court of said county by a vote of the people, as herein provided, shall cast ballots having written or printed thereon the words For electing the Solicitor of the County Court by the people; while those opposed shall cast ballots having written or printed thereon the words, Against electing the Solicitor of the County Court by the people. Ratification of this Act.

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SEC. 8. Be it further enacted by the authority aforesaid, That if a majority of the votes cast at said general election, on this Act, be in favor of both placing said Solicitor upon a salary, and of his election by the people, then and in that event, all of the provisions of this Act shall have been ratified, adopted and shall go into effect as law. If on the other hand a majority of the votes so cast be against placing said Solicitor upon a salary, and also against his election by the people, then, and in that event, no part of this Act shall have been ratified, adopted or become law; but it is especially herein enacted and provided, however, that should a majority of said votes cast be in favor of one of the questions voted on, and against the other, that is to say should a majority of the votes cast be in favor of placing said Solicitor upon a salary, and against his election by the people, or vice-versa, then, and in that event, only that portion of this Act shall be ratified, adopted and become law as shall have received a majority of the votes cast as aforesaid, and the question involving that portion of this Act which failed to receive such majority of the votes cast, shall be eliminated therefrom and be of no force and effect as law. Partial ratification. SEC. 9. Be it further enacted by the authority aforesaid, That four weeks prior to said general election in October, 1910, notice shall be given by the Ordinary of said county in the newspaper containing the sheriff's advertisement, that this Act, as a whole or in part, shall be submitted to the people at said October general election for ratification or rejection; and the Ordinary is further required to certify, under the seal of his office, the result of the election for ratification or rejection, herein provided for, to the Governor of this State within ten days after said election; and it is further provided, that all of the necessary and

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legitimate expenses connected with the adoption or rejection of this Act, or of its future operation, shall be paid by the county on proper vouchers audited and approved by its authorities. Notice of election for ratification 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 13, 1910.

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TITLE II. MISCELLANEOUS. ACTS. Ben Hill County, Record of Cattle, Hogs and Sheep Slaughtered in. Ben Hill County, Commissioners of, Election of. Bibb County, Bonds of, How Issued. Butts County, Commissioners, Board of, Abolished. Butts County, Commissioners, Office of, Created. Camden County, Church Festivals, License to Hold. Campbell County, Court Costs in Misdemeanor Cases. Carroll County, Annual Fairs for Fourth District A. M. School. Carroll County, Salary of Clerk of Commissioners. Carroll County, Protection of Game Birds. Chattooga County, Board of Commissioners, Act Creating Amended. Cherokee County, Board of Commissioners Abolished. Clayton County, Board of Commissioners Created. Coffee County, Sale of Near Beer, Etc., Prohibited. Dodge County, Appointment and Salary of Commissioners. Franklin County, Commissioners, Office of, Abolishment. Glynn County, Salary of Clerk of Commissioners. Gordon County, Road Laws of. Grady and Thomas Counties, Road Laws of Gwinnett County, Bonds of, How Issued. Hall County, Board of Commissioners, Act Creating Amended. Hall County, Bonds of, How Issued. Harris County, Salary of Treasurer. Heard County, Salary of Treasurer. Irwin County, Board of Commissioners Created. Liberty County, Board of Commissioners, Laws in re Amended. Lowndes County, Roads in Municipalities of, How Worked. Madison County, Office of Commissioner Abolished. Madison County, Board of Commissioners Created. Murray County, Salary of Treasurer. Putnam County, Board of Commissioners, Act Creating Amended. Spalding County, Board of Commissioners, Act Creating Amended. Stewart County, Court Costs in Criminal Cases, How Paid. Telfair County, Bonds of County Officers. Towns County, Protection of Fish in Waters of. Towns County, Use of Beverages in Young Harris. Turner County, Terms of Commissioners. Ware County, Cattle, Hogs and Sheep, Where Slaughtered. Warren County, Salary of Clerk of Commissioners. Washington County, Board of Commissioners, Act Creating Amended. White County, Protection of Foxes. Worth County, Cattle, Goats, and Sheep, Where Slaughtered.

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BEN HILL COUNTY, RECORD OF CATTLE, HOGS AND SHEEP SLAUGHTERED IN. No. 385. An Act to define the mode and manner of purchasing and slaughtering cattle, hogs and sheep, so far as the same relates to the county of Ben Hill, and to require butchers and persons buying cattle, hogs and sheep to be slaughtered in Ben Hill county to keep a description of said cattle, hogs and sheep, and to submit the books to be kept by them to the grand juries of said county, and provide a penalty, 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, every butcher or person buying cattle, hogs and sheep in the county of Ben Hill, for the purpose of butchering, shall be required to keep a permanent book, which shall be open to the inspection of the public, and in which shall be recorded a complete description of all animals slaughtered, together with the marks and brands of same, as well as the name and color of all venders of such cattle, and it shall be considered a misdemeanor for any butcher in the county of Ben Hill to slaughter any cattle without first recording the marks and brand of same in said book of records, and it shall also be considered a misdemeanor for any butcher in the county of Ben Hill to purchase and slaughter any cattle, from any person, without first entering the name and color of such vender in such book of records; that any person or persons violating same, upon conviction, shall be punished as provided for by Section 1039 of the Penal Code of Georgia of 1895. Ben Hill county, slaughter of cattle, hogs and sheep regulated.

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SEC. 2. Be it further enacted by the General Assembly, That all butchers and persons buying cattle to be slaughtered in Ben Hill county shall, on the first day of each regular term of Ben Hill Superior Court, submit to the grand jury the books required to be kept by them by Section 1 of this Act. Reports to grand juries. SEC. 3. Be it further enacted by the General Assembly, That it shall be the duty of the grand jury to present at once to the Court those persons failing to submit said books as required by Section 2 of this Act, who shall be fined, on conviction for said failure, in a sum not less than twenty-five dollars nor more than seventy-five dollars, or confined in jail not less than ten nor longer than thirty days. Presentments by grand juries. SEC. 4. Be it further enacted by the General Assembly, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1910. BEN HILL COUNTY, COMMISSIONERS OF, ELECTION OF. No. 414. An Act to amend an Act entitled An Act to prescribe the duties and powers of the Commissioners of Roads and Revenues in and for Ben Hill county; to fix their salary and respective terms of office; to provide methods for the election of the successors of such officers, and for other purposes, approved August 22, 1907; published

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in Georgia Laws, page 260 et sequiter, so as to provide that the county of Ben Hill shall be divided into three 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 authority of the same, That from and after the passage of this Act an Act entitled An Act to prescribe the duties and powers of the Commissioners of Roads and Revenues in and for the county of Ben Hill; to fix their salaries and respective terms of office; to provide methods for the election of the succession of such officers, and for other purposes, approved August 22, 1907, be, and the same is, hereby amended by striking from said Act all of Section 15 and inserting in lieu thereof the following: Section 15. Be it further enacted, That the county of Ben Hill shall be divided into three Commissioners' Districts, as follows: District No. 1, to be composed of the Fitzgerald and Bowen Mill Militia Districts. District No. 2 to be composed of the Dickson's Mill and Ashton Militia Districts. District No. 3 to be composed of the Williamson's Mill and Vaughn Militia Districts, and that one Commissioner shall be elected from each of said Districts to be voted for by all of the qualified voters of said county. That on the first Wednesday in October, 1910, a Commissioner from each of said Districts shall be elected, and the one receiving the highest number of votes shall hold office for a period of six years from January 1, 1911, and the one receiving the next highest number of votes shall hold office for four years from January 1, 1911, and the one receiving the next highest number of votes shall hold office two years from January 1, 1911. After this

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election on the first Wednesday in October, 1910, there shall be elected one Commissioner every two years to succeed the Commissioner whose term of office shall expire on January 1st following said election. Ben Hill county. Commissioner's districts. Election and terms of Commissioners. 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 12, 1910. BIBB COUNTY, BONDS OF, HOW ISSUED. No. 528. An Act to authorize the County Board of Commissioners for Bibb county to issue and sell county bonds of said county, for any or all of the following purposes, and in the amounts specified for each purpose, respectively, to-wit: For improving and enlarging the county court house, not exceeding $75,000.00 of bonds; for building and repairing county bridges, not exceeding $200,000.00 of bonds; for building and repairing the public roads of the county, not exceeding $100,000.00 of bonds; to provide for an election, or elections, by the qualified voters of said county to determine the question whether said bonds, or any part of them, shall be issued; to provide for the payment of the principal and interest of said bonds, if issued, 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 Board of Commissioners for

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Bibb county be, and they are, hereby authorized and empowered to issue and sell, in the name and behalf of said county, coupon bonds of said county, for any and all of the following county purposes, and in the amounts herein specified for each purpose, respectively, to-wit: For improving and enlarging the county court house, not exceeding seventy-five thousand dollars of bonds; for building and repairing county bridges, not exceeding two hundred thousand dollars of bonds, for building and repairing the public roads of the county not exceeding one hundred thousand dollars of bonds; said bonds, if issued, to be known and designated respectively as Court House Bonds, Bridge Bonds, and Road Bonds; provided, that said bonds, nor any of them, shall not be issued or sold until two-thirds of the qualified voters of said county have authorized and assented to the issuance of the same, at an election, or elections, to be called and held for that purpose, as hereinafter provided. Said bonds shall all be made to fall due and become payable, principal and interest, within thirty years from the date of their issue; the principal to mature annually, in such amounts, or installments, as said Board of Commissioners may fix and determine; they shall bear interest at a rate not exceeding five per centum per annum, payable semi-annually, covered by interest coupons thereto attached, the principal and interest to be payable in gold coin of the United States of the present standard of weight and fineness; and they shall not be sold below par. And said Board of Commissioners shall have full power and authority, subject to the terms, limitations and provisions of this Act, to fix and determine, in their discretion, the denominations of said bonds; the amount to be voted on for each of said purposes; how said bonds and the interest coupons thereto attached shall be executed; at what time or times, in what

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amounts, and in what manner they shall be issued and sold; how much of the principal shall mature each year, and the times when the principal so maturing each year, and the semi-annual interest accruing each year shall be due and payable, and the place and manner of payment; how said bonds may be registered; when they shall be fully paid off; and all other questions, terms and details connected with the issuance, sale and payment of said bonds. And the proceeds of the sale of said bonds, if issued and sold, shall be expended and applied in accordance with the laws in such case made and provided for, and to the several purposes, respectively, for which said bonds were issued, and to no other purpose. Bibb county, bonds of, how and for what purpose issued. SEC. 2. Be it further enacted by the authority aforesaid, That said County Board of Commissioners be, and they are, hereby authorized and empowered, at such time as they in their discretion may determine, to submit to the qualified voters of said county, for their determination, the question whether said bonds, or any of them, shall be issued, at an election to be called for that purpose by said Board of Commissioners. Such election shall be called and held, and the result declared, subject to and in accordance with all and singular the laws of this State applicable to elections by counties to determine the question of issuing county bonds, and provisions shall be made in the submission of the question for a separate vote upon each class of bonds voted upon, so that the voters at such election may vote for or against any or all of the bonds in question. If the result of such election be against the issuance of said bonds, or any of them, then and in that event said Board of Commissioners is hereby authorized and empowered in their discretion to order a second election to be called and held as herein provided, at which the bonds so voted against may

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be again voted upon by the qualified voters of said county; provided , that said second election shall not be held within ninety days from the date of said first election. Any election called under authority of this Act may in the discretion of said Board of Commissioners, be ordered to be held upon the same day upon which any other election in said county is being held, or ordered to be held. And said Board of Commissioners is hereby authorized and empowered to issue and sell only such of said bonds as may receive the assent of two-thirds of the qualified voters of said county at an election called and held as herein provided. Election of bonds SEC. 3. Be it further enacted by the authority aforesaid, That in event said bonds, or any of them, are issued and sold as authorized and provided for by this Act, said County Board of Commissioners shall, at or before the time of such issuance and sale, provide for the assessment, levy and collection during the life of such bonds, of an annual county tax upon the taxable property of said county, sufficient in amount to pay the interest accruing semi-annually each year upon said bonds so issued; and sufficient also to pay so much of the principal of said bonds as may mature each year; provided, that the principal of said bonds shall be made to mature annually in such amounts, or installments, that the entire issue, principal and interest, shall become due and payable within thirty years from the date of the incurring of said bonded indebtedness. Tax to pay bonds. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910.

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BUTTS COUNTY, COMMISSIONERS, BOARD OF, ABOLISHED. No. 308. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues in and for the county of Butts and State of Georgia, and for other purposes, approved December 22, 1898. 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 1st day of January, 1911, an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in the county of Butts, State of Georgia, and for other purposes, approved December 22, 1908, be, and the same is, hereby repealed, and the office created by said Act abolished, after the first day of January, 1911. Butts 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 are hereby repealed. Approved July 28, 1910. BUTTS COUNTY, COMMISSIONER, OFFICE OF, CREATED. No. 376. An Act to create the office of Commissioner of Roads and Revenues for the county of Butts, to provide for an election to fill said office, to prescribe the qualifications, duties and powers of such officer, fix his salary, and for other purposes.

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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 Butts, shall be, and is, hereby created. Butts county; Commissioner, office of created. SEC. 2. Be it further enacted by the authority aforesaid, That from the qualified voters of said county there shall be elected every four years a Commissioner of Roads and Revenues for said county, whose term of office shall commence on the first Monday in January, 1911, and continue for four years and until his successor is elected and qualified. Election of Commissioner. SEC. 3. Be it further enacted by the authority aforesaid, That said Commissioner shall be elected at the same time and in the same manner and by the same electors as county officers are elected. When and how elected. SEC. 4. Be it further enacted by the authority aforesaid, That if there should be a vacancy in said office from death, resignation, removal from the county or other cause, the Ordinary of said county shall order an election to fill such vacancy for the unexpired term, of which election he shall give twenty days' notice in the newspapers where 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. Vacancies. SEC. 5. Be it further enacted by the authority aforesaid, That before entering upon the discharge of his duties, said Commissioner shall give bond and surety before the Ordinary of said county, payable to the Governor and his successors in office, in the sum of five thousand dollars, conditioned

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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 solemnly swear that I will well and faithfully discharge the duties of Commissioner of Roads and Revenues for the county of Butts during my continuance in office, according to the law, to the best of my knowledge and ability, without favors or affection to any party. So help me God. Bond and oath. SEC. 6. Be it further enacted by the authority aforesaid, That said Commissioner of Roads and Revenues shall have original and exclusive jurisdiction over the subject matters mentioned and embraced in Section 4238 of the Civil Code of 1985; and over such other county matters as by law have been placed under the jurisdiction of Ordinaries or other authorities having control of county matters; and over the levying and collection of road taxes, commuting taxes, and the working of the public roads, and the building of bridges, and the appointment and employment of such person for specific purposes appertaining to roads and bridges as are authorized by law; and over all such county matters as was held and exercised by the inferior court when sitting for county purposes prior to the adoption of the Constitution of 1868. Jurisdiction and powers. SEC. 7. Be it further enacted by the authority aforesaid, That said Commissioner shall sit specifically on the first Mondays and Tuesdays of each month at the court house in said county as a court for county purposes, and or the exercise of such powers as he as a quasi-corporation, contra-distinguished from his powers as a court, and he shall also keep his office open on all Saturdays for the

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transaction of the business of his office, and at such other times as may be necessary. At all other times, when the duties of his office and the condition of the weather will permit, it shall be his duty to personally inspect the public roads and bridges of said county, supervise and, so far as practicable, superintend and direct the work on, and those in charge of the working of, the public roads and building of bridges. Commissioner's court. Duties. SEC. 8. Be it further enacted by the authority aforesaid, That said Commissioner shall receive for his services as such a salary of one thousand dollars per annum, to be paid monthly out of the Treasury of said county. He shall also be authorized to employ a clerk at a salary not exceeding three hundred dollars per annum, to be paid monthly out of the said treasury. Said Commissioner shall receive no fees. Salary and clerk. SEC. 9. Be it further enacted, by the authority aforesaid, That said Commissioner shall keep such records of county matters as are now required by law 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, showing an itemized statement of all receipts and expenditures, the source from which received and the purpose for which expended, also voucher therefor and the number of persons subject to road duty; the amount of commutation taxes received; number of persons who worked their time on public roads; also amount of taxes uncollected and what action, if any, has been taken to enforce the law and collection of the commutation tax. Books and reports.

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SEC. 10. Be it further enacted by the authority aforesaid, That in case of the disqualification of said Commissioner in any matter that may come before him, the Ordinary of said county shall have power and authority to act in his place and stead. Disqualification. SEC. 11. Be it further enacted by the authority aforesaid, That said Commissioner shall collect a commutation tax from all persons in said county subject to road duty; said tax shall not be more than four dollars nor less than two dollars per annum, and if said amount is not paid he shall be required to work on the public roads of Butts county not more than eight days nor less than four days in any one year. If any person subject to road duty in said county shall fail to pay the amount required by said Commissioner or shall refuse to work the number of days required, then and in that event he shall be fined for contempt of court to work on the public roads in said county in the discretion of said Commissioner not longer than thirty days. Commutation tax. SEC. 12. Be it further enacted by the authority aforesaid, That if said Commissioner shall fail to do his duty in performing his work, or shall prove to be unfit, or incompetent for said position, then and in that event, upon the majority vote of two successive grand juries of said county, said office shall be declared vacant, and under the above prescribed rules another person shall be elected to fill said office. Removal of Commissioner from office. 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 9, 1910.

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CAMDEN COUNTY, CHURCH FESTIVALS, LICENSE TO HOLD. No. 339. An Act to authorize the County Commissioners of Camden county to issue licenses to persons conducting church festivals or other hot suppers or like entertainments for purpose of making money, to charge fees therefor and add the same to the school fund of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the County Commissioners of Camden county be, and they are hereby authorized to charge a license fee of one hundred dollars to all persons or corporations conducting church festivals or other hot suppers or like entertainments in said county for purposes of making money, and to issue license for that purpose in appropriate terms. Camden county; license fee for festivals to make money. SEC. 2. Be it further enacted, That all moneys arising from said licenses shall be added to the school funds of said county and paid over accordingly. Fee added to school fund. SEC. 3. Be it further enacted, That all persons conducting any such festival, supper or entertainment aforesaid in said Camden county, without first procuring such license, shall be guilty of a misdemeanor. Holding festival without license, punishable. 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 3, 1910.

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CAMPBELL COUNTY, COURT COSTS IN MISDEMEANOR CASES. No. 348. An Act to authorize the county authorities of Campbell county to pay the legal costs due the officers in misdemeanor cases convicted in said county, when such convicts are put to work to serve out their sentences in the chain-gang of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Ordinary or such other county authorities of said county of Campbell, who may have charge of the revenues of said county, shall pay to the officers of the Superior Court of Campbell county, including constables and magistrates, their legal bill of costs in each misdemeanor case tried in said courts when there is a conviction and the convict is placed to work in the county chaingang; provided, that said bill of cost shall first be approved by the Judge of said court; and provided, that there are no insolvent costs in the fund derived from said court with which to pay the same. Campbell county; court costs in misdemeanor cases, how paid. 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 4, 1910.

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CARROLL COUNTY, ANNUAL FAIRS FOR FOURTH DISTRICT A. M. SCHOOL. No. 355. An Act to authorize the Board of Trustees of the Fourth District Agricultural and Mechanical School to lease for a term of not exceeding twenty years, certain grounds on the school property in Carroll county to the Fourth District A. and M. School Fair Association, for the purpose of holding annual fairs in the interest of said School, and for other things. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act, the Trustees of the Fourth Congressional District Agricultural and Mechanical School and their successors in office shall have authority to lease for a term or for terms not longer than twenty years, with power to renew said lease at the expiration of said term, to the Fourth District Agricultural and Mechanical School Fair Association, a corporation chartered for the purpose of holding Fairs, for the advancement of agricultural science and mechanical arts, and for the general advancement of industries in said District, being organized primarily for the purpose of holding Fairs in connection with said School, a plat of ground on the property of said School sufficient for the permanent establishment and holding of said Fairs annually, and that said Trustees be authorized to permit in said lease the erection of such buildings as may be necessary for the operation of such Fair and the grading and construction of such tracks and roads as may be necessary for the operation of such Fair, and any other constructive work that may be necessary to the success of said Fair. Carroll county. Fairs by the Fourth District A. M. School Fair Association.

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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 5, 1910. CARROLL COUNTY, SALARY OF CLERK OF COMMISSIONER. No. 381. An Act to amend an Act creating the office of Commissioner of Roads and Revenues for the county of Carroll, approved August 17, 1908, so as to provide the manner of fixing the salary of the clerk of said 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 the authority of the same, That the word three in the sixth line of Section eight of said Act of August 17, 1908, creating the office of Commissioner of Roads and Revenues for the county of Carroll, be stricken therefrom and the word five inserted in lieu thereof, so that said Section when so amended shall read as follows: Section 8. Be it further enacted by the authority aforesaid, That said Commissioner shall reserve for his services as such, a salary of twelve hundred dollars per annum, to be paid monthly cut of the treasury of said county. He shall also be authorized to employ a clerk at a salary of not exceeding five hundred dollars per annum to be paid monthly out of said treasury. Said Commissioner shall receive no fees. Carroll county. Salary of Commissioner and clerk.

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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 10, 1910. CARROLL COUNTY, PROTECTION OF GAME BIRDS. No. 453. An Act to prohibit the shooting, trapping, killing, ensnaring, netting or destroying, in any manner, any partridge, dove, or other game bird in the county of Carroll for a period of two years, and to provide a penalty for a violation thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for anyone to shoot, trap, kill, ensnare, net or destroy in any manner any partridge, dove, or other game bird within the limits of Carroll county, for a period of two years from the passage of this Act. Carroll county. Protection of game birds. SEC. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as provided in Section 1039 of the third Volume of the Code of 1895. Violation of this Act punishable. SEC. 3. 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 13, 1910.

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CHATTOOGA COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 372. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Chattooga, and to define their powers and duties. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That Section four of said Act be amended by striking therefrom the word fifty in the last line of said Section and inserting in lieu thereof the words one hundred, so that when said Section is amended the said Board may pay to the clerk of said Board a salary not to exceed one hundred dollars. Chattooga county. Salary of Clerk of Commissioners. SEC. 2. Be it further enacted, That Section four of said Act be amended by adding thereto the following proviso: Provided, That if called meetings be necessary, or should any member or members of the Board by resolution of the Board previously passed be required to go to any point in the county for the purpose of letting contracts, receiving county work or any actual necessary business of the county, that $2.00 per day shall be allowed for such service, but in no event shall any member of the Board be allowed to contract with the Board or have any interest directly or indirectly in any contract or work for the county; upon charges being filed with the Board charging a violation of this Section against any member of the Board, of which ten days' notice is given by serving a copy of the charges, any member found guilty by the Board, he shall be expelled by the Board, and a fine imposed upon him in double the sum which the Board may find such member profited by his violation thereof. Per diem of Commissioners. Graft prohibited.

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SEC. 3. Be it further enacted, That said Board may at any time it deems best, organize and operate a chaingang system, either for the county alone or in connection with any other county, to appoint a superintendent of road work and other officers, whose salary shall not exceed $50.00 per month, and to pass any and all necessary rules not inconsistent with the State law in reference to the same. Said Board may build roads of the county by contract when sufficient funds are raised for that purpose, but before said road is built either by chaingang, contract or otherwise, the Board shall have the same specified by a competent engineer, and the specifications shall be spread on the minutes. In doing road work the Board may widen or straighten the same or circle elevations, and are authorized to purchase the right to do the same from the owner of the land, and in the event they cannot agree, they may submit disagreement to arbitration. Chaingang. Road work. SEC. 4. Be it further enacted, That said Boards shall at all times have immediate charge and control of the bridges of the county which are erected by its order, and it shall be the duty of the several members thereof in such sections as may by resolution of the Board be designated, to keep the bridges inspected by such competent person or persons as they may appoint, paying therefor at a rate not to exceed two dollars per day for any one inspection, except by order of the Board, which inspection shall be reported in writing and filed with the Board. Such members may have done temporary work in case of emergencies in order to secure the safety of the public, but all work of a permanent nature shall first be passed on by the Board. Bridge inspectors. SEC. 5. Be it further enacted, That when a claim against the county is fixed by law or by resolution of the Board, a

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county warrant may issue therefor instanter, and the clerk shall report it to the following meeting of the Board and entry thereof made on the minutes as other claims and county warrants. Claims. 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 5, 1910. CHEROKEE COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 300. An Act to repeal an Act to create a Board of Roads and Revenues for the county of Cherokee, defining the powers, authority, and limitations of said Board, and for other purposes, approved August 17, 1908. 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 and the ratification of the same by a majority vote of the qualified voters of Cherokee county, Georgia, voting at an election held for that purpose hereinafter provided for, be, and the same is, hereby upon such ratification repealed. Cherokee county. Board of Commissioners, abolishment of. SEC. 2. Be it further enacted by the authority aforesaid, That at the next general election to be held in Cherokee county, Georgia, this Act shall be submitted to the qualified voters of said county for ratification, and that each qualified voter voting in said election shall have written

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or printed on his ballot the words For Board of Roads and Revenues or Against Board of Roads and Revenues, and if a majority of the qualified voters voting in said election shall cast their ballot For Board of Roads and Revenue, then this Act shall be inoperative; but if a majority of the qualified voters of Cherokee county voting in said election shall cast their ballots Against Board of Roads and Revenues, then and in that event this Act shall be of full force and effect from the date of the order declaring the results of said election. Election to abolish. SEC. 3. Be it further enacted by the authority aforesaid, That the election managers managing said general election in said county shall count the vote, report the same to the Ordinary of Cherokee county, who shall consolidate the same, declare the result and certify the same in his official capacity as required by law for certifying such results in such cases made and provided. Result, how declared. 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 July 22, 1910. CLAYTON COUNTY, BOARD OF COMMISSIONERS CREATED. No. 291. An Act to create a Board of Commissioners of Roads and Revenues for Clayton county; to define their duties and powers and prescribe their qualifications; to provide for the election of their successors, and for other purposes pertaining to county and county matters for the county of Clayton.

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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 a Board of Commissioners of Roads and Revenues for the county of Clayton is hereby created. Said Commissioners shall be freeholders and qualified voters of said county and shall reside in the road district from which they are elected, which districts are to be defined later in this Act. Clayton county Board of Commissioners, created. SEC. 2. Be it further enacted by the authority aforesaid, That for the purposes of this Act said county of Clayton shall be divided into five road districts to be constituted as follows: That part of Jonesboro Militia District lying east of Flint River shall comprise and constitute Road District No. 1; that part of Jonesboro Militia District lying west of Flint River, together with the Riverdale District, shall comprise and constitute Road District No. 2; Oak and Forest Park Militia Districts shall comprise and constitute Road District No. 3; Adamson and Ellenwood Militia Districts shall comprise and constitute Road District No. 4; and Lovejoy and Panhandle Militia Districts shall comprise and constitute Road District No. 5. Road districts. SEC. 3. Be it further enacted by the authority aforesaid, That at any time said Commissioners shall create a new Militia District, said Commissioners shall have the authority to attach said new Militia District to one or more of said road districts named in this Act. New militia districts. SEC. 4. Be it further enacted by the authority aforesaid, That the following named persons are hereby appointed, constituted and made Commissioners of Roads and Revenues for said county under this Act, to-wit: F. P. Camp, for District No. 1; J. B. Adams, for District No. 2;

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I. A. Christian, for District No. 3; W. W. Clark, for District No. 4; and J. H. Winn, for said District No. 5; and said Commissioners shall hold office until their successors are elected and qualified as hereinafter provided. Commissioners appointed. SEC. 5. Be it further enacted by the authority aforesaid, That the term of office for said Commissioners for Districts Nos. 1, 2 and 4, shall expire on January 1, 1915; and the term of office for said Commissioners from Districts Nos. 3 and 5, shall expire January 1, 1913. The successors for said Commissioners for Districts Nos. 3 and 5 shall be elected by popular vote from the county at large at the general election for 1912, and every four years thereafter; and the successors for said Commissioners for Districts Nos. 1, 2 and 4, shall be elected at the general election for 1914, and every four years thereafter. Terms of office. SEC. 6. Be it further enacted by the authority aforesaid, That in the election of said Commissioners, one from each road district is hereby prescribed. They shall be elected by the qualified voters of the entire county, and not by the qualified voters of one road district. Election of Commissioners. SEC. 7. Be it further enacted by the authority aforesaid, That said Commissioners hereby named shall convene at the county court house in said county on the first Tuesday after this Act becomes a law, and after taking an oath before the Ordinary of said county to faithfully discharge their duties as such Commissioners, shall organize by electing one of their number chairman, whose duty it shall be to preside at all meetings and sign all warrants on the treasurer and all orders of the Commissioners. Said Chairman shall have the right at all meetings to vote on all questions before the Board of Commissioners, and shall also have

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the right to make motions and perform all duties imposed under this Act upon said Commissioners. Organization of Board. SEC. 8. Be it further enacted by the authority aforesaid, That the members of said Board of Commissioners hereby created, and their successors in office, shall receive as compensation for their services the sum of two dollars per day for each day of actual service; provided, that no Commissioner shall be paid for more than thirty days' service during one year. The expenses incurred by said Commissioners in the discharge of their duties may be paid by the county, however, provided an itemized statement of same shall be submitted to the grand jury at the first term of court after such expenses are incurred, if said expense account shall be approved by said grand jury. Per dlem of Commissioners. SEC. 9. Be it further enacted by the authority aforesaid, That said Commissioners shall elect a clerk for said Board, whose duty it shall be to keep in a well bound book a complete record of the Acts and doings of said Board. Said records to be open to the inspection of any citizen or citizens of said county at all times, provided the same does not interfere with the meetings of said Board. Said clerk shall perform such other duties as said Board may require of him and shall hold office at the will of said Board, and shall receive such reasonable compensation as said Board may fix. Clerk of Board. SEC. 10. Be it further enacted by the authority aforesaid, That said Commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all of the property of said county as they may deem expedient according to law; in levying taxes according to law; in establishing or abolishing roads

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and bridges according to law; in establishing, abolishing or changing election precincts or militia districts, in supervising tax collector's and tax receiver's books, in allowing the insolvent list of said county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to or appropriated for the use and benefit of said county, and in bringing them to settlement; in providing for the poor of the county and for the promotion of health as granted by law, or not inconsistent with law; in examining the tax digests of said county for the correction of errors; in regulating or fixing license fees as may be provided by law; in establishing and maintaining the county chaingang; in working said chaingang on the public roads or public works of said county as provided by law; in electing or appointing all minor officers and employees of said county whose election is not otherwise provided by law, such as superintendent or warden and guards of convicts or chaingang, janitor of court house and jail, superintendent of pauper farm, county physician and health officer, and district road overseers; in making such rules and regulations as they may deem best for the interests of the county, governing all minor officers and employees appointed by them, and fixing such reasonable compensation for them as said Board may deem best for the interest of the county; in providing for the collection of a computation road tax, fixing the amount to be paid or the number of days work on the roads of said county in lieu thereof; in fixing the time when said computation tax shall be paid or the work performed; in trying all road defaulters in accordance with law; and generally to have and to exercise all the powers heretofore vested in the Ordinary of said county when sitting for county purposes, and to exercise such other

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powers as are granted by law or as may be indispensable to their jurisdiction over county matters or county finances. Jurisdiction and powers of Board. SEC. 11. Be it further enacted by the authority aforesaid, That said Commissioners shall hold regular meetings at the county court house of said county on the first Tuesday in each month, and may adjourn from day to day, and may hold called sessions whenever in their opinion public necessity requires it. A majority of said Board may constitute a quorum for transaction of business, provided that one or more Commissioners may be empowered by a majority of said Board, duly entered on its minutes, to hold court at any time or place in said county to try road defaulters in accordance with law. Meetings of Board. Trial of road defaulters. SEC. 12. Be it further enacted by the authority aforesaid, That said Board shall not hire or employ or contract with any member of said Board, or with anyone related to any member of said Board, for work to be done or supplies to be furnished said county, except such work to be done or supplies to be furnished shall be let at public outcry to the best bidder. Graft prohibited. SEC. 13. Be it further enacted by the authority aforesaid, That said Commissioners shall, before each term of the Superior Court, prepare and submit to the grand jury of said county a complete statement in writing of the county property, paupers, finances, buildings, public roads and bridges, and the exact amount of county funds on hand and the amount disbursed, giving names of each person in whose favor each warrant or order was drawn and the amount thereof, and for this purpose said Board shall have the authority to require all persons handling county funds to make written statements to them. Reports to grand juries.

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SEC. 14. Be it further enacted by the authority aforesaid, That the members of said Board shall be exempt from road and jury duty during their term of office. Exempt from road duty. SEC. 15. Be it further enacted by the authority aforesaid, That in case of vacancy in said Board, by death, resignation or otherwise, the other members of said Board shall have the right to fill such vacancy until the next general election, when a successor to the person so appointed by said Commissioners shall be elected for the unexpired term. Vacancies. SEC. 16. 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 1, 1910. COFFEE COUNTY, SALE OF NEAR BEER, ETC., PROHIBITED. No. 465. An Act to make unlawful the sale of Near Beer and similar beverages within the limits of the county of Coffee, 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

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any substitute for or imitation of beer or intoxicating liquors, within the limits of the county of Coffee; 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 alocholic drink is now lawful in Georgia. Coffee 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. Violation of this 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 15, 1910. DODGE COUNTY, APPOINTMENT AND SALARY OF COMMISSIONERS. No. 369. An Act to amend an original Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Dodge, etc., approved August 6th, 1904. Also, to amend an Act approved August 17, 1908, entitled An Act to amend an original Act entitled `An Act to create a Board of Commissioners of Roads and Revenues for the county of Dodge,' etc., approved August 6, 1904, so as to authorize the Judge of the Superior Court of said county upon recommendation by the

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grand jury of said county, to appoint the members of said Board of Commissioners of Roads and Revenues, and increase the compensation of said Commissioners. 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, an Act entitled An Act to amend an original Act entitled `An Act to create a Board of Commissioners of Roads and Revenues for the county of Dodge,' etc., approved August 6, 1904, so as to authorize the Judge of the Superior Court of said county, upon recommendation by the grand jury of said county, to appoint the members of said Board of Commissioners of Roads and Revenues, and to increase the compensation of said Commissioners, be, and the same is, hereby amended by striking out said Section first of said amendatory Act. Dodge county. Election of Commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That said amendatory Act be amended by striking therefrom Section second of said amendatory Act. Election of Commissioners. SEC. 3. Be it further enacted by the authority aforesaid, that said amendatory Act be amended by striking the whole of Section three of said amendatory Act. Election of Commissioners. SEC. 4. Be it further enacted by the authority aforesaid, That the fourth Section of said Act be amended by striking out from the eighteenth line the word two and inserting in lieu thereof the word five, and by striking from the nineteenth line of said Section the words hundred and fifty dollars, so that portion of said Section when amended will read as follows: he shall receive such compensation for the performance of his duties

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as may be fixed by the Board in advance of his election, not to exceed five hundred dollars per year. Compensation of clerk. SEC. 5. Be it further enacted by the authority aforesaid, That said Section five of said amended Act be, and the same is, hereby amended by striking all of Section five. Vacancies. 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 5, 1910. FRANKLIN COUNTY, COMMISSIONER, OFFICE OF, ABOLISHMENT. No. 371. An Act to repeal an Act entitled An Act to create the office of Commissioner of Roads and Revenues in and for Franklin county, provide the methods of the election of such officer and his duty, and provide for his salary and term of office, provide for the management of county affairs interim, and for other purposes, approved August 13, 1907, and providing for the ratification or rejection of the provisions of this Act, by a majority of the qualified voters of Franklin county, voting at an election to be held in and for said county to determine said question, to provide for the holding and management of said election, and declaring the result thereof, 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 the above recited Act creating the office of Commissioner of Roads and Revenues in and for Franklin county, providing for the election of such officer and his duty, providing for his salary and term of office, providing for the management of county affairs interim, and for other purposes, be, and the same is, hereby repealed, and the office created by said Act is hereby abolished. Franklin county. Commissioner, abolishment of office. SEC. 2. The provisions of this Act shall not become effective until submitted to a vote of the qualified voters of Franklin county, as herein provided. At the general election to be held on the first Wednesday in October, next, the qualified voters of Franklin county, who favor abolishing the office of Commissioner of Roads and Revenues, shall have written or printed on their ballots, for which purpose separate ballots shall be provided, the following words: For abolishing the office of Commissioner of Roads and Revenues, and those who oppose abolishing said office shall have written or printed on their ballots the following words: Against abolishing the office of Commissioner of Roads and Revenues. Should a majority of the qualified voters of said county voting at said election upon said question, vote For abolishing the office of Commissioner of Roads and Revenues, then and in that event this Act shall become of full force and effect on and after the first day of January, 1911, and not otherwise. The managers and superintendents of said general election are hereby constituted the managers and superintendents of the election herein provided for, and are hereby required to keep two separate tally sheets and lists of voters for said election.

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The vote shall be consolidated as the vote in said general election, and the returns thereof made to the Ordinary of said county, and said Ordinary shall declare the result of said election. Election to abolish. 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 5, 1910. GLYNN COUNTY, SALARY OF CLERK OF COMMISSIONERS. No. 377. An Act to authorize the Commissioners of Roads and Revenues of Glynn county, Georgia, to fix and prescribe at their discretion, and to change from year to year, the annual salary to be paid to the Clerk of said Commissioners of Roads and Revenues, and for other purposes. SECTION 1. Be it, and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Commissioners of Roads and Revenues of Glynn county, Georgia, shall have the right and authority to fix and prescribe at their discretion, and to change from year to year, the annual salary to be paid to the clerk of said Commissioners of Roads and Revenues. Glynn county. Salary of clerk of Commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall go into effect immediately after

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its passage and approval. The salary that may be fixed by said Commissioners for the remainder of this year shall not be changed after having been once fixed until the first of January, 1911; and from that time forth the salary, after having been once fixed for the year shall not be changed until the first of the succeeding year. How fixed. SEC. 3. Be it further enacted by the authority aforesaid, That so much of the Act of the General Assembly of 1870, page 441, creating said Commissioners of Roads and Revenues, so much of the Act of 1871-2, page 306, amending the same, so much of the Act of 1898, page 366, further amending said previous Acts, so much of Section 2 of the Act of 1902, pages 213-14, fixing the salary of said clerk, and so much of Section 1 of the Act of 1906, page 423, authorizing the payment of extra compensation to said clerk, and all other laws and parts of laws as are in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 9, 1910. GORDON COUNTY, ROAD LAWS OF. No. 358. An Act to repeal an Act to alter and amend the Road Laws of the State of Georgia, as applicable to the counties of Gordon, Whitfield and Murray, approved October 26, 1870, so far as the same applies to or affects the county of Gordon. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That from and after the passage of this Act, that all of the provisions in Sections 1, 2, 3, 4, 5, 6, 7, 8 and 9, relative to a local Road Law for the counties of Gordon, Whitfield and Murray, approved October 26, 1870, it is hereby enacted that each of the aforesaid Sections are hereby repealed, so far as they apply to or affect the county of Gordon. Gordon county. Road law. SEC. 2. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 5, 1910. THOMAS AND GRADY COUNTIES, ROAD LAWS OF. No. 295. An Act to make it unlawful to run traction engines, log carts, trains, or other vehicle damaging to roads and bridges, over the public roads of Thomas or Grady counties, without first getting consent of the Commission of Roads and Revenue of the county. To provide for punishment for violation of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly, That after the passage of this Act it shall be unlawful to run any traction engine, log cart, train or other vehicle damaging to roads and bridges, over the public roads of Thomas or Grady counties, without first getting the consent of the Board of Commissioners of Roads and Revenues of the county over whose roads such vehicle runs. Thomas and Grady counties. Road law of.

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SEC. 2. Be it further enacted by authority aforesaid, That any violation of this Act shall be punished as for a misdemeanor. SEC. 3. Be it further enacted, That all conflicting laws are hereby repealed. Approved July 15, 1910. GWINNETT COUNTY, BONDS OF, HOW ISSUED. No. 485. An Act to authorize the county of Gwinnett to issue bonds in a sum not to exceed one hundred thousand dollars for the construction and improvement of public roads in said county, providing for an election for such purposes, and for a division of money derived from the sale of said bonds between the militia districts of said county, in proportion to the amount of taxable property in each militia district, said money to be expended for the purposes aforesaid, 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 county of Gwinnett, 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 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 said bonds. Gwinett county. Election for road bonds.

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SEC. 2. Be it further enacted by the authority aforesaid, That in the event the result of said 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 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 1910, 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 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 of electors, providing for the registration of voters, and for other purposes. If the result of such election should be against the issue of bonds, then such Commissioners of Roads and Revenues shall be authorized to order another election at which

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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 qualification 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, how held, etc. SEC. 4. Be it further enacted by the authority aforesaid, That the money derived from the sale of said bonds is to be divided between the militia districts of said county in proportion to the amount of taxable property in each militia district, said money to be expended for the purpose aforesaid. Bond money, how expended. 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 13, 1910. HALL COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 334. An Act to amend an Act approved August 6, 1909, of the printed Acts of 1909, pages 398, 399, 400, 401, 402, 403, 404 and 405, amending the Act creating the Board of

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Commissioners of Roads and Revenues for the county of Hall, 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 3 of the Act approved August 6, 1909, of the printed Acts of 1909, pages 398, 399, 400, 401, 402, 403, 404 and 405, amending the Act creating the Board of Commissioners of Roads and Revenues for the county of Hall, be amended by adding at the end thereof the words: Provided, That no member of the grand jury serving at any term of Hall Superior Court, after the passage of this Act, when the County Commissioners are to be elected either for the full term or to fill a vacancy, shall be eligible for the office of County Commissioner. Hall county. Grand jurymen inelligible for election as Commissioner. 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 3, 1910. HALL COUNTY, BONDS OF, HOW ISSUED. No. 386. An Act to authorize the county of Hall to issue bonds for the purpose of building public roads, bridges, drains, canals, etc., in the said county; 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.

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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 county of Hall 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, etc., in said county. Hall county. Bonds of, 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 the 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 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

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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 issued under the provisions of this Act shall become obligatory and binding upon said county and its tax-payers, with all of the qualities of commercial paper. Obligation of county. SEC. 5. Be it further enacted, That said Board of Commissioners of Roads and Revenues of said county of Hall 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. Bond money, how expended. 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 10, 1910.

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HARRIS COUNTY, SALARY OF TREASURER. No. 503. An Act to provide for fixing salary for county Treasurer of Harris county, 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 on and after the expiration of the term of the present Treasurer, the county Treasurer of Harris county, Georgia, shall receive a salary in lieu of commissions, said salary not to exceed three hundred dollars per annum, the amount to be fixed by the Board of Commissioners of Roads and Revenues of said Harris county, and shall be paid to said county Treasurer in monthly installments or in quarterly installments as may be agreed or judged most convenient to said Board of Commissioners. Harris county. Salary of Treasurer. 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 15, 1910. HEARD COUNTY, SALARY OF TREASURER. No. 392. An Act to provide for fixing salary for county Treasurer of Heard county, 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

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same, That on and after the expiration of the term of the present Treasurer, the county Treasurer of Heard county, Georgia, shall receive a salary in lieu of commissions, said salary not to exceed two hundred dollars per annum, the amount to be fixed by the Board of Commissioners of Roads and Revenues of said Heard county, and shall be paid to said county Treasurer in monthly installments, or in quarterly installments, as may be agreed or judged most convenient to said Board of Commissioners. Heard county. Salary of Treasurer. SEC. 2. 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 10, 1910. IRWIN COUNTY, BOARD OF COMMISSIONERS CREATED. No. 563. An Act to create Board of Commissioners of Roads and Revenues for the county of Irwin; to define their duties and powers, and for other purposes, approved August 11, 1908, and an amendatory Act thereof, approved August 16, 1909, so as to reduce the number of the members of said Board, to define their powers and duties, to fix their salary, 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 Act approved August 11,

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1908, and Section 1 of the amendment thereto, approved August 16, 1909, 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, to define their powers and duties, and for other purposes, be, and the same are, hereby repealed and amended as follows: Irwin county. 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 a Board of Commissioners of Roads and Revenues for the county of Irwin, consisting of three persons, is hereby created; said Commissioners shall be qualified voters of said county, and shall be bona fide residents of said county at the time of their election on said Board. Board of Commissioners. SEC. 2. Be it further enacted, That Section 2 of the Act approved August 11, 1908, be, and the same is, hereby repealed, as well as Section 3 of said Act, and also Section 4 of said Act, and in lieu thereof the following is adopted: Be it further enacted by the authority aforesaid, That at the October election, 1910, the said three Commissioners of Roads and Revenues shall be elected by the popular vote of the qualified voters of the county of Irwin, and shall qualify and enter upon the discharge of their duties as such Commissioners on the first Monday in January, 1911, and each successor thereafter elected to said Commission shall be a resident of the said county of Irwin. The term of office of said Commissioners so elected as herein provided, shall be for the term of two years, or until their successors are elected and qualified, every two years thereafter. Election of Commissioners.

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SEC. 3. Be it further enacted by the authority aforesaid, That Section 5 of the Act approved August 11, 1908, be, and the same is, hereby repealed by inserting in lieu thereof the following: That said Commissioners of Roads and Revenues for the county of Irwin shall consist of three members as aforesaid, one to be known as chairman of said Board, and another to be known as clerk of said Board, who shall be elected by the qualified voters of the county of Irwin, and voted for by said voters as chairman and as clerk; that in the election of said officers they shall run and be elected by the people of the county of Irwin as chairman of said Board and as clerk of said Board. The said three Commissioners, after their election and qualification as aforesaid, shall elect a chairman pro tem. who shall act in the absence of the duly elected chairman of said Board as chairman of the Board, and shall have the same power and authority as the chairman would have were he to act on said Board. Chairman and clerk of Board. SEC. 4. Be it further enacted by the authority aforesaid, That Section 6 of the Act approved August 11, 1908, and Sections 2 and 3 of the amendment to said Act, approved August 16, 1909, are hereby repealed, and in lieu thereof the following is enacted: That the Commissioners herein provided by this Act shall be commissioned by the Governor of this State for the term of office for which he or they are elected, and before entering upon the discharge of their duties as such, shall subscribe to the oath before the Ordinary of said county required by law for county officers, and shall give solvent bond to be approved by the Ordinary of said county, payable to the Governor of said State and his successors in office, in the sum of five hundred dollars each, conditioned for the faithful performance of

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their duties as such Commissioners, which bond when approved by said Ordinary, shall be by him recorded in the record of his official bonds kept by him inn his office. Oath and bond of Commissioners. SEC. 5. Be it further enacted by the authority aforesaid, That Section 7 of the Act approved August 11, 1908, and Section 4 of the amendment to said Act, approved August 16, 1909, be, and the same are, hereby repealed and the following enacted in lieu thereof: That the chairman of said Board and the other member thereof other than the clerk of said Board, shall each receive a salary of two hundred and fifty dollars per annum, said salary to be paid out of the revenues of the said county of Irwin monthly; and the said clerk of said Board of Commissioners shall receive a salary of eight hundred dollars per annum, to be paid monthly out of the revenue of said county. Salaries. SEC. 6. Be it further enacted by the authority aforesaid, That should vacancy occur on said Board of Commissioners, then, and in that event, it shall be the duty of the Ordinary of said county of Irwin to call an election to fill said vacancy within thirty days from the date such vacancy may occur; and it shall be the duty of said Ordinary to publish a notice in some paper in said county of Irwin at least ten days before said election is called to fill said vacancy, giving the citizens of said county notice of said election. Vacancies. SEC. 7. Be it further enacted by the authority aforesaid, That in all matters pertaining to the business of said Commissioners for the county of Irwin, that their actions before being binding and legal shall be unanimous, and no matter of business connected with said body pertaining to the affairs of the county of Irwin shall be legal or binding

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without the unanimous approval of said Commissioners, and said actions in each and every matter shall be entered on the minutes of said Board by the clerk thereof. That in all matters connected with said body for the transaction of business two of said members shall constitute a quorum, and shall have full power and authority to act as though each member of said board were present, provided, however, that the action of said Commissioners shall, at all times and in all matters be unanimous, except in the organization of said body in the election of Chairman pro tem., but in said election of such chairman pro tem. two of said Commissioners shall have authority to make said election. Unanimous action required. SEC. 8. Be it further enacted by authority aforesaid, That the Act approved August 11, 1908, and the amendment thereto, approved August 16, 1909, creating a Board of nine Commissioners for the county of Irwin, be, and the same are, hereby repealed so that said Board shall on and after the first Monday in January, 1911, be composed of three Commissioners as aforesaid, provided, that said Board of Commissioners as now composed in the county of Irwin shall continue to hold office and transact the business of said county until the election and qualification of said three Commissioners for the county of Irwin, as heretofore provided. Three members to constitute Board. SEC. 9. Be it further enacted by the authority aforesaid, That Section 8 of the Act creating said Board of Commissioners for the county of Irwin, approved August 11, 1908, and Sections 5, 6 and 7 of the amendment to said Act, approved August 16, 1909, be, and the same are, hereby repealed, and the following enacted: That the chairman shall preside over the meetings of said Board, or in his absence the chairman pro tem., and the clerk of said Board

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shall keep accurate minutes of the proceedings thereof, noting carefully the actions of 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 held. The said clerk shall also keep proper and correct account of all county finances, which shall include accounts of the county treasurer and tax collector and other officers having the care, custody or collection of county funds, together with an accurate account of all public monies disbursed under the direction of said Board. He shall also prepare and have published, in suitable manner, one month before the convening of the spring and fall terms of the Superior Court of said county, in each year, a full and complete statement of the finances of the county, and such statement shall be made in such manner and form that the taxpayers of the county may readily see and be advised of the cost of the county government in every branch of the same, and said clerk shall furnish the foreman of each grand jury, on the first day of the term of said Superior Court, with a copy of said statement for the information of that body in its investigation of county matters, and such statement shall be sworn to by said clerk before an officer authorized under the laws of the State of Georgia to administer oaths. The said clerk, at his own expense, may employ a competent person or clerk to assist him in his clerical work of his office, in which event, however, the said clerk shall be held liable under his official bond for the faithful discharge of the duty entrusted by him to his said clerk so employed. Duties of chairman and clerk. SEC. 10. Be it further enacted by the authority aforesaid, That Section 9 of the Act creating the county Commissioners of the county of Irwin, approved August 11,

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1908, be, and the same is, hereby repealed, and the following enacted in lieu thereof: That said Board of Commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters, the same to be held in the court house of said county in which the office of clerk of said Board shall be located and kept open in the same manner as other county offices, on the first Monday in each month of the year, or at such other time as such Board may unanimously determine and fix upon by proper order passed and entered on the minutes of said Board, or, in case of emergency, upon the call of the chairman, who shall give due notice of the same to each member of said Board, and two members of said Board including the Chairman shall constitute a quorum for the transaction of any business at any meeting thereof, either regular or called; provided, that said action shall at all times and on all matters have the unanimous approval of said Board; every question or proposition coming before the Board, unless withdrawn, shall be decided by a yea and nay vote, which vote shall be entered upon the minutes of the meeting, and the chairman shall be allowed to vote upon all questions coming before the body. Meetings of Board. SEC. 11. Be it further enacted by the authority aforesaid, That Sections 10 and 11 of the Act creating the Board of Commissioners for the county of Irwin are hereby repealed. SEC. 12. Be it further enacted by the authority aforesaid, That Section 12 and 13 are hereby repealed, and the following enacted in lieu thereof: That said Board of Commissioners shall have and exercise exclusive jurisdiction and control over the following matters, to-wit: in directing and controlling all the property of the county as may be expedient, according to law; in levying taxes according to

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law; in establishing, altering, or abolishing public roads, bridges and ferries according to law; establishing, abolishing or changing election precincts, or militia districts; in supervising the tax receiver's and tax collector's books, and the supervision and correction of erroneous tax returns, and allowing the insolvent list of tax-payers of the county from year to year; in auditing and settling claims of all kinds against the county; in examining and auditing all claims and accounts of officers having the care, collection, management, keeping, or disbursement of money belonging to the county, or appropriated for its own use and benefit, and bringing them to prompt settlement; in the examination, at such times as said Commissioners may deem proper and necessary, the bank account of the county treasurer or other officers having public funds of the county on deposit in any bank; in controlling and managing the convicts of said county, according to law; in establishing and maintaining county chaingangs, and in working the public roads or other public works of the county with the same; making rules and regulations for the support of the poor of the county, and for the promotion of health, and appointing all minor officers of said county where their election or appointment is not otherwise provided for by law, such as superintendent of public works and buildings, superintendent and guard of convicts or chaingangs; janitors of all county buildings, superintendent of pauper farms, county physician, health officer, and such other guards or employees as may be needed and authorized by law; in regulating peddling, and to have and exercise all the powers heretofore vested under the general law in the Ordinaries of the several counties of said State, when sitting for county purposes, and to exercise such other powers as are

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granted by law, or as are indispensable to their jurisdiction over county matters and the finances thereof. Jurisdiction and powers of Board. SEC. 13. Be it further enacted by the authority aforesaid, That Section 14 of the Act creating a Board of Commissioners for Irwin county, approved August 11, 1908, is hereby repealed, and the following enacted in lieu thereof: That the chairman of said Board be, and he is hereby authorized and required to sign all warrants on the county treasurer for all disbursements of the public fund ordered paid by the unanimous approval of said Board of Commissioners, and the said chairman is hereby furthermore empowered to sign and issue warrants upon the said county treasurer in settlement of all claims and accounts properly made out and passed upon by said Board of Commissioners, as aforesaid, for the ordinary current expenses of the county from time to time, as for the purchase of any supplies or material ordered and approved by the said Board of Commissioners, as aforesaid, as shown by the minutes thereof, at any time between the regular meeting of said Board, and it shall be the duty of the clerk of said Board to countersign all warrants, vouchers and bills passed and approved, as aforesaid, by said Commissioners, before the same shall be authorized for payment; provided, however, that the said clerk shall report in detail his acts and doings in the premises to the next said Board at its next regular meeting for the approval and auditing of same, and that thereafter said report of said clerk and the action of said Commissioners thereon shall be entered upon the minutes of said Board. Disbursements by the Board, how made. SEC. 14. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910.

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LIBERTY COUNTY, BOARD OF COMMISSIONERS, LAWS IN RE AMENDED. No. 297. An Act to amend an Act entitled An Act to amend an Act to create a Board of Commissioners for the county of Liberty; to provide for the mode of electing said Commissioners, 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 approved October 26, 1889, which provides for the mode of electing Board of Commissioners for Liberty county be, and the same is, hereby amended by striking from the first Section of said Act all that part of said Section after the words consisting of three members, and inserting in place of the stricken words, the following: shall be elected by the qualified electors of said county at the regular general election preceding the expiration of the several terms of the Commissioners. And the persons elected shall take office at the expiration of the term of his predecessor, and shall hold office for a term of four years, until his successor is elected and qualified. Liberty county. Election of Commissioners and terms of office. SEC. 2. That Section 2 of the Act be amended so that all of said Act after the words before the expiration be stricken, and in place thereof the following be inserted: of the term of any Commissioner, the Ordinary shall call a special election, as is provided by law for special elections, and the persons receiving the highest vote shall be declared elected and shall hold office for the unexpired term, and until his successor is elected and qualified. Vacancies.

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SEC. 3. Be it further enacted, That all Acts and parts of Acts in conflict with this Act be, and the same are, hereby repealed. Approved July 15, 1910. LOWNDES COUNTY, ROADS IN MUNICIPALITIES OF, HOW WORKED. No. 431. An Act to require the Commissioners of Roads and Revenues for the county of Lowndes 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 the authority of the same, That from and after the passage of this Act it shall be the duty of the Commissioner of Roads and Revenues of the county of Lowndes to work all the public roads and thoroughfares 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. Lowndes county. Roads in municipalities of, how worked. 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 12, 1910.

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MADISON COUNTY, OFFICE OF COMMISSIONER ABOLISHED. No. 346. An Act to repeal an Act creating the office of Commissioner of Roads and Revenues for the county of Madison, approved August 20, 1906, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to create the office of Commissioner of Roads and Revenues for the county of Madison, approved August 20, 1906, be, and the same is, hereby repealed, to take effect on the first day of January, 1911. Madison county. Commissioner, office of, abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 3, 1910. MADISON COUNTY, BOARD OF COMMISSIONERS CREATED. No. 547. An Act to create a Board of Commissioners of Roads and Revenues for the county of Madison, to provide for the election of the members thereof; by the qualified voters of said county, to fix their salary, define their powers and duties, 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 a Board of Commissioners of Roads and Revenues in and for Madison county to consist of three members is hereby created, this Act to go into effect and become operative on the first day of January, 1911. Madison county. Board of Commissioners created. SEC. 2. Be it further enacted by the authority aforesaid, That all persons eligible to hold other county offices shall be eligible to hold the office of Commissioner of Roads and Revenues in said county. Should a vacancy occur in said Board by death, resignation or otherwise, the same shall be filled by the remaining members of the Board selecting some proper and suitable persons to fill the place, but such selection shall be subject to the approval and confirmation of the next grand jury held in said county after such selection is made, and furthermore if from any cause a vacancy exists in said Board and the same has not been filled as above provided, it shall be the duty of the grand jury meeting next after the time of such vacancy to fill the same by the selection and appointment of some suitable person to fill such vacancy. Qualification of Commissioners. Vacancies. SEC. 3. Be it further enacted by the authority aforesaid, That at the regular election for county officers to be held in October, 1910, said Board of Commissioners of Roads and Revenues shall be elected for a term of two years, whose term of service shall begin on the first day of January, 1911, and who shall serve for a term of two years and until their successors are elected and qualified; they shall be elected in the same manner and at the same time as is provided for the election of county officers. Election and term of office of Commissioners.

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SEC. 4. Be it further enacted by the authority aforesaid, That the Commissioners elected as herein provided shall be commissioned by the Governor for the term of office for which they are elected, and before entering upon the discharge of their duties shall subscribe to the oath before the Ordinary of said county required by law for county officers, and shall give a good and solvent bond with security to be approved by the Ordinary of said county, payable to the Governor of the State and his successors in office in the sum of five thousand dollars each, conditioned for the faithful performance of their duties as such Commissioners, which bond, when approved by said Ordinary, shall be by him recorded in the record of official bonds kept by him in his office. Oath and bond of Commissioners. SEC. 5. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall hold a regular court for the transaction of public business pertaining to county matters, the same to be held in the court house of said county, in which the office of the clerk of said Board shall be located and kept open in the same manner as other county offices, on the first Tuesday in each month of the year, provided, 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. The chairman of said Board, or the member of said Board presiding as chairman at any meeting of the Commissioners, shall be authorized to administer oaths, and said Board may hear testimony as to all matters over which said Board 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.

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SEC. 6. Be it further enacted by the authority aforesaid, That said Commissioners at their first meeting in each year shall elect one of their members as chairman, and shall also elect a superintendent of roads, either from their number or elsewhere. The chairman shall preside at all meetings, approve and sign the minutes of all proceedings, sign his name as chairman to all orders, warrants, summons, or processes issued by said Board or the authority of said Board. A majority of the Commissioners shall constitute a quorum to transact business, or exercise any power herein delegated pertaining to the duties of said Board. Chairman of Board and Superintendent of Roads SEC. 7. Be it further enacted by authority aforesaid, that the Commissioners shall be paid $3.00 each per day out of the county treasury for every day actually employed by them in the transaction of business appertaining to their office, but the Commissioners shall not be paid for more than two days per month for attendance upon the regular or call meetings of the Board. The superintendent of roads shall be paid not exceeding $3.00 per day as compensation for the days actually employed by him in looking after the road work and the business appertaining thereto. The road superintendent shall be paid by order of the Board only after an examination and approval of his claim by the Board, which claim must be submitted in writing, giving an exact statement of the time and amount claimed by said superintendent. The superintendent shall hold his office at the discretion of the Board. Per diem of Commissioners and Superintendent. SEC. 8. Be it further enacted by authority aforesaid, That the Board of Commissioners shall elect a clerk with such pay as the Board may allow, not to exceed $500.00 a year, and it shall be the duty of said clerk to attend all meetings of the Board and to keep in a book provided for the

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purpose a full and accurate record of the minutes of all transactions of the Board; to file and keep in order of their date all original orders and papers, petitions, applications and other papers addressed to the Commissioners, or concerning the county business. The clerk shall also record in a separate book the payment of all money out of the county treasury by order of the Board, giving the amount and date of such payment, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness contracted by said Board. All the books, files and records required to be used or kept in the office of the Board of Commissioners shall always be ready and open to inspection of any tax-payer of the county. Said clerk before beginning the discharge of his duties shall be required to take the same oath as that taken by the Commissioners, and shall be required to give a bond in the sum of one thousand dollars, payable to said Board, for the faithful performance of his duties. Said clerk shall hold his office at the will and discretion of the Board. Clerk, election, salary, duties, oath and bond of. SEC. 9. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have and exercise jurisdiction and control over the following matters, to-wit: establishing, altering or abolishing public roads, bridges and ferries, according to law; in directing and controlling all the property of the county that may be expedient, according to law; in levying taxes according to law; in establishing, abolishing or changing election precincts or militia districts; in supervising the tax receiver's and tax collector's books, and the supervision and correction of erroneous tax returns; in auditing and settling claims of all kinds against the county; in examining and auditing all claims or accounts of all officers having the care, collection,

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management or disbursement of money belonging to the county, or appropriated for its use and benefit and bringing them to prompt settlement; in the examination at such time as said Commissioners may deem proper and necessary, the bank accounts of the county treasurer or other officers having public funds of the county on deposit in any bank; in controlling and managing the convicts of said county according to law; establishing and maintaining county chaingang and working the public roads or other public works of the county with the same; and appointing all minor officers of said county where their election or appointment is not otherwise provided by law. The Board shall have exclusive jurisdiction over all subject matter enumerated in Section 4238 of the Civil Code of Georgia of 1895, and in general shall have and exercise all the power heretofore vested under the general law in the Ordinaries of the several counties of the State when sitting for county purposes, and to exercise such other powers as are granted by law, or as are indispensable to their jurisdiction over county matters and the finances thereof. Jurisdiction and powers of Board. SEC. 10. Be it further enacted by the authority aforesaid, That all moneys for public road purposes arising from commutation tax shall be collected and paid directly to said Board, or the person authorized by said Board to collect and receive said tax, and the county treasurer of Madison county shall receive no commission upon the same. In no event shall the Board authorize or allow a commission to be paid for the collection of the commutation tax, but the Board shall be authorized to employ a proper and suitable person to collect this tax, and pay him for such service an amount not exceeding $3.00 per day for the days actually employed in such work. Commutation tax.

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SEC. 11. Be it further enacted by the authority aforesaid, That it shall be the duty of the Board of Commissioners created by this Act to use all the convict labor on the public roads of the county, distributing said labor as equitably and justly over the county as possible. In the same way the commutation tax collected from the several militia districts of said county shall be expended as fairly and equitably in the district from which collected as can be conveniently done under the circumstances. Convict labor on public roads. SEC. 12. Be it further enacted by the authority aforesaid, That the treasurer of Madison county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been signed by the chairman of the Board; provided this shall not apply to the grand jury script and orders drawn by the Judge of the Superior Court. It shall be the duty of the present Commissioner of Roads and Revenues and the Ordinary of said county to deliver to the said Board of Commissioners all books and papers relating to the jurisdiction and powers herein conferred upon said Board. Disbursements from county treasury. SEC. 13. Be it further enacted by the authority aforesaid, That it shall be the duty of said Board of Commissioners to prepare and submit to the grand jury at both the spring and fall sessions of the court, a full and complete statement of the finances of the county, and said statement shall be made and submitted in such manner and form that the tax-payer of the county may readily see and be advised of the cost of the county government in every branch of the same, which statement shall be subscribed and sworn to by the chairman or acting chairman of the Board. Said statement and report to the Grand Jury shall show an itemized statement of all receipts and expenditures, and the source

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from whence received, and the purpose for which expended, and the vouchers therefor, and also the number of persons in said county subject to road duty, and the number of persons who have paid the commutation tax, and the amount of money received from the persons as commutation tax, and the number of persons subject to road duty who have neither worked out their time on the road nor paid the commutation tax. Said Board shall also be authorized to publish from time to time in the newspaper publishing the county advertisements a full and succinct statement showing the exact condition and state of the county finances. Reports by Board to Grand Juries. SEC. 14. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910. MURRAY COUNTY, SALARY OF TREASURER. No. 429. An Act to fix the salary of county Treasurer for the county Murray, State of Georgia, and for other purposes. SECTION 1. That from and after the expiration of the term of office of the present Treasurer of Murray county, the Treasurer of said county shall receive for his services, as county Treasurer of Murray county, the sum of two hundred dollars. Murray county. Salary of Treasurer. 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 12, 1910.

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PUTNAM COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 397. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Putnam, and to define its powers and duties, approved September 1879; so as to provide that said Board shall consist of five members instead of three, as by said Act provided; and to provide, further, that said Board shall be elected by popular vote, for the filling of vacancies, compensation of the Chairman, for the division of the county into Road Districts, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved September 8, 1879, entitled An Act to create a Board of Commissioners of Roads and Revenues of the county of Putnam, to define its powers and duties, be, and the same is, hereby amended by striking entirely therefrom the first Section thereof, and inserting in lieu thereof the following: 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 January 1, 1911, the Board of Commissioners of Roads and Revenues of Putnam county shall consist of five persons instead of three. Said Commissioners shall be elected by the qualified voters of said county at the next general election for representatives and county officers for the county of Putnam, and one of said Commissioners shall be elected from each of the five road districts of said county hereinafter mentioned. For the purpose of this Act, Putnam

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county shall be divided into five parts, or road districts, to be constituted as follows: Road District No. 1, to be known as North Putnam Road District, shall be composed of the following named militia Districts, to-wit: Glades, Ashbank, Patrick, and Tomkins; Road District No. 2, to be known as South Putnam Road District, shall be composed of the following Militia Districts, to-wit: Kenderhook, Garrard, Opposition, and Johnson; Road District No. 3, to be known as West Putnam Road District, shall be composed of the following named Militia Districts, to-wit: Hawkins, Donegal, Halfacre, and Fork; Road District No. 4, to be known as East Putnam Road District, to-wit: Rockville, Harrison, Popcastle; Road District No. 5, to be known as Eatonton Road District, shall be composed of the Eatonton Militia District. Said Commissioners of Roads and Revenues, after being so elected and after having taken the oath prescribed for civil officers of this State, shall hold their office for two years from January 1, 1911, and until their successors are elected and qualified, and their successors shall in like manner hold their office for two years, and to be elected at the general election for Representative and county officers every two years. Each Commissioner shall be an upright and discreet citizen, a qualified voter of said county, and a bona fide resident of the Road District from which he is elected. In the election of said Commissioners one for each Road District is hereby prescribed; they shall be elected by the qualified voters of the entire county, and not by the qualified voters of any one district, and shall receive a majority of the qualified votes cast in such State and county election; it shall be the privilege of the qualified voters of each of such respective Road Districts, of nominating a qualified candidate to be voted for in such election, who shall be a bona fide resident of such respective Road

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District. At the first meeting of the said Board of five Commissioners, and bi-ennially thereafter, the said Board shall choose one of its members as chairman, and he shall perform all the duties prescribed by the rules which shall from time to time be adopted by said Board. Putnam county. Board of Commissioners. Road Districts. Terms of Commissioners. Election of Commissioners. Nominations. Chairman. SEC. 2. Be it further enacted by the authority aforesaid, That Section nine of the said Act be, and the same is, hereby amended by adding thereto, at the end of said Section nine, the following words, to-wit: In addition to the per diem herein provided for, the chairman shall receive such salary as shall be prescribed by the grand jury of Putnam county, sitting at the term next preceding the general election for county officers for said county, and biennially thereafter, not to exceed the sum of four hundred dollars per annum, to be paid by the treasurer of said county, and which salary shall not be increased nor diminished during the term of office of said Commissioner. Salary of Chairman. SEC. 3. Be it further enacted by the authority aforesaid, That Section ten of said Act be, and the same is, hereby amended by striking therefrom the words until the next meeting of the grand jury, and inserting in lieu thereof the following words, to-wit: Electing some qualified person to fill such vacancy who shall be a resident of the Road District in which such vacancy occurred, and hold office for the unexpired term and until his successor shall be elected and qualified. Vacancies. 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, 1910.

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SPALDING COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 329. An Act to amend an Act approved December 22, 1898, entitled as follows: An Act to create a Board of Commissioners of Roads and Revenues for the counties of Spalding and Butts, assented to February 5, 1875, so as to repeal Sections 2 and 3 of said Act so far as it applies to Spalding county, to fix the compensation of the Commissioners of Spalding county and give them authority to elect a clerk and fix his compensation, so that Section 3 of the above entitled Act shall be amended authorizing the Commissioners of Roads and Revenues of said county to fix the salary of the clerk of said Board in such amount as they may deem just and reasonable, not to exceed one thousand dollars per annum, 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 immediately after the passage of this Act Section 3 of the Act of the General Assembly approved December 22, 1898 (Acts 1898, page 375), as above entitled, be amended by striking from said Section the words three hundred and substituting therefor one thousand dollars, so that said Section when so amended shall read as follows: Spalding county. Section 3. Be it further enacted by the General Assembly of the State of Georgia, That said Board shall have authority to elect a clerk and define his duties and fix his compensation, which shall not exceed one thousand dollars

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per annum, to be paid out of the treasury of the county of Spalding, and to require a bond of said clerk in the sum of five thousand dollars, with good security, payable to the Board of Commissioners of Roads and Revenues of the county of Spalding and their successors in office, conditioned to faithfully perform the duties of said office. Salary of Clerk of Board of Commissioners. 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 3, 1910. STEWART COUNTY, COURT COSTS IN CRIMINAL CASES, HOW PAID. No. 383. An Act to amend an Act entitled 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 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, approved August 14, 1909, so as to provide for the payment of said officers their legal costs, as well as the justices and constables of said county, for all convicts turned over to said county to work on the public roads, 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

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of the same, That an Act to pay the officers of the Superior Court of Stewart county and the City Court of Lumpkin reasonable compensation for convicts turned over by said officers to said county to work on the public roads of said county, approved August 14, 1909, be amended as follows: By striking all of Section 2 of said Act, and by striking the following words in Section 1 of said Act, in all criminal cases where bills of indictments are drawn or accusations drawn in the City Court, and inserting in lieu thereof the following words: the justices of the peace and constables of said county, for all convicts turned over from said Courts to work on the public roads of said county. So that said Sections when so amended shall read as follows: Stewart county. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of said Act, the Board of Commissioners of Roads and Revenues of Stewart county shall pay to the officers of the Superior Court of said county of Stewart and the officers of the City Court of Lumpkin, the justices of the peace and constables of said county, for all convicts turned over from said Courts to work on the public roads of said county, 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 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, 1910.

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TELFAIR COUNTY, BONDS OF COUNTY OFFICERS. No. 442. An Act to require all county officers in and for the county of Telfair in this State, who are required to give official bonds for the discharge of their official duties, be required to give as surety on said bond, some guaranty company authorized to execute bonds under the laws of this State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all county officers of the county of Telfair, in this State, who are required by law to execute bonds for the discharge of their official duties, be, and they are, hereby required to give as surety on such bonds some guaranty company authorized by the laws of this State to become securities on such bonds. Telfair county. Bonds of county 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 13, 1910. TOWNS COUNTY, PROTECTION OF FISH IN WATERS OF. No. 352. An Act to prohibit taking fish from that part of the Hiawassee River above the Bridge at Newt Taylor's store in

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Towns county, Georgia; also that portion of Tallulah River, Hog Creek, Fodders Creek, and Turpin Creek in said County, or from taking the same in any way in any of said waters, or their tributaries, for a period of three years. SECTION 1. Be it enacted by the General Assembly of State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, for a period of three years, it shall be unlawful for any person or persons to fish with a hook, seine, net, or in any way take fish from, or destroy fish in, any of the waters mentioned in the caption of this Act. Towns county. Protection of fish. SEC. 2. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in Section 1039 of the Code of 1895. That in all cases of arrests made for a violation of any of the provisions of this Act, the possession of fish protected by this Act shall be held to be prima facie evidence of the violation of the provisions of this Act. 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 5, 1910.

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TOWNS COUNTY, USE OF BEVERAGES IN YOUNG HARRIS. No. 500. An Act to authorize the making, selling, or giving away of lemonade, milk shake, and ice cream in the town of Young Harris, in the county of Towns, State of Georgia. 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, it shall be lawful to make, sell, or give away lemonade, milk shake and ice cream in the town of Young Harris, Towns county, State of Georgia. Sale of beverages in Young Harris. 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, 1910. TURNER COUNTY, TERMS OF COMMISSIONERS. No. 321. An Act to amend an Act approved August 14, 1908, entitled An Act to create a Board of Commissioners of Roads and Revenues for Turner county, so as to extend the term of one of the present Commissioners two years, and another four years, and to provide that hereafter the term of said Commissioners shall be for six years each, one being elected every two years.

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SECTION 1. Be it enacted by the General Assembly of Georgia, That as soon as may be convenient after the passage of this Act, the three Commissioners of Turner county now in office shall draw lots to determine which of them shall go out of office January 1, 1911, which shall go out January 1, 1913, and which January 1, 1915, and the term of said officers shall expire accordingly. Said Commissioners shall cause an entry to be made on their minutes of the result of said drawing. Turner county. Terms of Commissioners. SEC. 2. Be it further enacted, That at the general election in October, 1910, a successor shall be chosen as other county officers are chosen, by ballot, in said county for that one whose term as the result of said drawing, expires January 1, 1911, and the term of said Commissioner so elected shall be for six years. In like manner at the general election in 1912, a successor shall be elected for the Commissioner whose term is by said drawing extended to January 1, 1913, and the Commissioner selected shall hold for six years. In like manner at the general election in 1914 a successor shall be elected to the Commissioner whose term is by said drawing made to extend to January 1, 1915, and the successor so chosen shall hold for six years. Election of Commissioners. SEC. 3. Be it further enacted, That all terms of Commissioners shall hereafter be for six years, one being chosen every two years, according to the plan laid down in the Act for electing successors to the present Commissioners. Terms of office. SEC. 4. If for any reason said Commissioners shall not agree on the term, as result of said drawing as provided by the first Section of this Act, so that no result has been agreed on by September 1, 1910, then the Ordinary of the county shall at twelve o'clock on that day at noon hold such drawing,

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and in the absence of any Commissioner, may designate some one else to draw for him. The method of said drawing shall in such cases be decided by the Ordinary, and he shall determine the result, and his decision shall be final. The Ordinary shall in such cases declare the result in writing, and it shall be the duty of the clerk of the Commissioners to enter the same on the minutes, and the terms of the several Commissioners shall be held and deemed in law to expire accordingly. Terms of present Commissioners, how determined. SEC. 5. This Act shall operate as an amendment to the Act in the title hereof recited, and all laws and parts of laws in conflict herewith shall be, and are, hereby repealed. Approved August 15, 1910. WARE COUNTY, CATTLE, GOATS OR SHEEP, WHERE SLAUGHTERED. No. 354. An Act to regulate the butchering, dressing and otherwise preparing for market any cattle, goats or sheep in Ware county, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That 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 or sheep within the county of Ware, unless such butchering, skinning, dressing or otherwise

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preparing such cattle, goats or 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 or sheep upon the open common or range, within the limits of said county. Ware county. Slaughtering cattle, goats or sheep regulated. SEC. 2. Be it further enacted, That any person who shall violate the provisions of Section 1 of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor. Violations of this 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 5, 1910. WARREN COUNTY, SALARY OF CLERK OF BOARD OF COMMISSIONERS. No. 360. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads, Public Buildings and Public Property and Finances, for the counties of Warren, Taliaferro, and for other purposes, approved February 12, 1877, and the Acts amendatory thereof, so as to provide for additional compensation for the Clerk of the Board of Commissioners of Roads and Revenues of Warren county.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted and by authority of the same, that from and after the passage of this Act, the Ordinary of Warren county, for services rendered by him as Clerk of the Board of Commissioners of Roads and Revenues of said county, may receive such compensation as said Board of Commissioners may consider proper, provided, the sum so allowed to said Clerk as compensation for the duties performed by him as Clerk of said Board shall in no case exceed the sum of two hundred ($200.00) dollars per annum. Warren county. Salary of Clerk of Board of Commissioners. 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 5, 1910. WASHINGTON COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 494. An Act to amend an Act creating a Board of Roads and Revenue for the county of Washington, defining the duties and powers of the same, and for other purposes, approved August 3, 1904; to provide a salary for the Secretary of the Board and to increase the salary of the Superintendent, 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 entitled an Act to create a Board

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of Commissioners of Roads and Revenue for the county of Washington, approved August 2, 1904, be, and the same is, hereby amended by striking out the word six in the last line of Section 14 of said Act and substituting in lieu thereof the word twelve, so that said Section when amended shall read as follows: Section 14. Be it further enacted, That the said Board shall have the exclusive control of the misdemeanor convicts of said county, and shall have the right to lease or hire misdemeanor convicts from other counties whenever said Board deems it necessary or expedient. Said Board shall have the right to employ a Superintendent of Roads, should they think it wise, and to pay such salary as they may think proper; provided, that said Superintendent nor any other officer or person connected with said system of working roads shall not receive in any one year a salary exceeding twelve hundred dollars. Washington county. Salary of Superintendent of Roads. SEC. 2. Be it further enacted by the authority aforesaid, That said Act be further amended by striking out from Section 9 the words who shall be paid the same per diem as members of the Board, and insert in lieu thereof the following: who may be one of their number or any citizen of said county, and who shall be paid such salary as said Board shall fix, so that said Section when amended shall read as follows: Section 9. Be it further enacted, That said Board shall be authorized to employ a Secretary, who may be one of their number or any citizen of said county, and who shall be paid such salary as said Board shall fix. Salary of Secretary of Board of 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 13, 1910.

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WHITE COUNTY, PROTECTION OF FOXES. No. 454. An Act to prevent the hunting, chasing or killing of fox during certain seasons in the county of White, 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, it shall be unlawful for any person in the county of White to hunt or chase with dogs, or to kill a fox, between March 1st and October 1st of each year. Any person guilty of a violation of this Act shall be punished as for a misdemeanor. White county. Protection of foxes. SEC. 2. All laws in conflict with this Act are hereby repealed. Approved August 13, 1910. WORTH COUNTY, CATTLE, GOATS AND SHEEP, WHERE SLAUGHTERED. No. 430. An Act to regulate the butchering, dressing and otherwise preparing for market any cattle, goats or sheep in Worth 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,

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it shall be unlawful for any person or persons to butcher, skin, dress or otherwise prepare for market and consumption, any cattle, goats or sheep within the county of Worth unless such butchering, skinning, dressing or otherwise preparing such cattle, goats or 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 or otherwise preparing for market and consumption any cattle, goats or sheep upon the open common or range within the limits of said county. Worth county. Slaughtering cattle, goats and sheep regulated. SEC. 2. Be it further enacted, That any person who shall violate the provisions of Section 1 of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor. Violation of this 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 12, 1910.

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PART III.Corporations. TITLE 1.MUNICIPAL CORPORATIONS. TITLE 2.BANKING CORPORATIONS.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Albany, city of, new charter. Alston, town of, incorporated. Americus, city of, charter amended. Arlington, town of, charter amended. Atlanta, city of, charter amended. Atlanta, city of, charter amended. Atwater, town of, charter repealed. Austell, town of, charter amended. Avalon, town of, charter amended. Baconton, town of, new charter. Barwick, town of, charter amended. Berlin, town of, incorporated. Bowden, town of, new charter. Boynton, town of, charter repealed. Brooks, town of, incorporated. Buford, city of, charter amended. Cairo, city of, charter amended. Camak, town of, new charter. Candler, town of, incorporated. College Park, city of, light and waterworks commission. Columbus, city of, invested with title to certain land. Columbus, city of, to sell part of commons. Columbus, city of, title to commons. Columbus, city of, title to water lot No. 19. Comer, town of, bonds for waterworks. Commerce, city of, charter amended. Carnegie, town of, incorporated. Crawford, town of, charter repealed. Crawford, city of, incorporated. Cumming, town of, new charter. Cuthbert, city of, incorporated. Dalton, city of, charter amended. Dearing, town of, incorporated. Decatur, town of, charter amended. Decatur, town of, confirmation of corporate Acts. Dexter, town of, new charter. Doerun, town of, charter amended. Dublin, city of, new charter. Durand, town of, incorporated. East Point, town of, new charter. East Lake, town of, new charter. Edison, city of, charter amended. Ellentown, town of, incorporated. Fairburn, town of, charter amended. Fort Gaines, city of, registration of voters.

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Fort Gaines, city of, sinking fund commission. Fort Valley, city of, sale of Grady Institute lot. Grantville, town of, school bonds. Griffin, city of, charter amended. Hagan, city of, charter amended. Hapeville, city of, charter amended. Helena, city of, charter amended. Helena, city of, charter amended. Hogansville, town of, charter amended. Hogansville, town of, bonds for public utilities. Ila, town of, incorporated. Jasper, town of, incorporated. Kingston, town of, charter amended. Kirkwood, town of, new charter. Kite, town of, charter amended. Lake View, town of, incorporated. Lavonia, city of, pro rata part of school fund. Leslie, town of, charter amended. Lexington, town of, charter amended. Lilburn, town of, incorporated. Lithonia, town of, charter amended. Lithonia, town of, public schools. Louisville, town of, public schools. Louisvile, town of, public schools. Luthersville, town of, new charter. Macon, city of, charter amended. McIntyre, town of, incorporated. Madison, city of, charter amended. Maples, town of, charter repealed. Marietta, city of, right of eminent domain. Marietta, city of, bonds for waterworks. Marietta, city of, school tax. Marietta, city of, charter amended. Marietta, city of, power of eminent domain. Marietta, city of, bonds for sewerage. Marshallville, town of, charter amended. Martin, town of, charter amended. Milltown, town of, charter amended. Milan, town of, charter amended. Mitchell District, town of, charter amended. Nashville, city of, new charter. Newnan, city of, charter amended. Norcross, town of, charter amended. Oakhurst, town of, incorporated. Ocilla, city of, school law amended. Oglethorpe, town of, charter amended. Pine Park, town of, incorporated. Pineview, town of, school law amended. Powder Springs, town of, public roads. Powder Springs, town of, charter amended. Ranger, town of, incorporated. Riverdale, town of, charter amended. Roberta, city of, incorporated. Roberta, town of, charter repealed. Rossville, city of, charter amended. St. Marys, city of, new charter. Sale City, city of, incorporated. Savannah, city of, street improvements.

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Savannah, city of, registration of voters. Senoia, city of, public schools. Shady Dale, town of, charter amended. Soperton, town of, charter amended. Sparta, city of, charter amended. Statham, town of, new charter. Sycamore, town of, charter repealed. Sycamore, town of, new charter. Tennille, city of. Tennille School District incorporated. Unadilla, town of, charter amended. Unadilla, town of, charter amended. Union Point, city of, charter amended. Uvalda, town of, incorporated. Waycross, city of, charter amended. Waynesboro, city of, charter amended. White Plains, town of, charter amended. Wilburn, town of, incorporated. Willacoochee, town of, charter amended. Worth, town of, new charter. ALBANY, CITY OF, NEW CHARTER. No. 568. An Act to create and establish a new charter for the city of Albany, to declare the rights, powers and privileges of said corporation, 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 inhabitants of the territory in the county of Dougherty, hereinafter described, are hereby continued incorporated by the name and style of City of Albany, a body corporate and politic, with power to govern themselves by such ordinances, resolutions, rules, regulations and by-laws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State nor of the United States, with power in and by said corporate name to

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contract and be contracted with, sue and be sued, plead and be impleaded in all courts, and to have and use a common seal, and to do all other things necessary to promote the municipal corporate purposes of said city; and shall be able in law to purchase, hold and receive, enjoy, possess, retain, manage and dispose of, for the use and benefit of the said city of Albany, any interest in any real or personal property of whatsoever kind or description, within or without the corporate limits of said city, to hold all property and effects now belonging to said city, either in its name or in the name of others, for its use, for the purpose and intents for which the same were granted or dedicated; in like manner to use, manage and improve, sell and convey, rent or lease, and otherwise manage and dispose of all property hereafter acquired; and all transfers and conveyances of real or personal property heretofore made by said city are hereby confirmed, ratified and declared legal. And said city of Albany shall succeed to all the rights and liabilities of the old corporation. Albany, city of, new charter. Corporate powers. SEC. 2. That the corporate limits shall be and remain as fixed and established by the Acts of the Legislature approved December 27, 1838, December 10, 1841, February 8, 1854, September 26, 1879, October 6, 1885, December 20, 1899, December 6, 1902, August 15, 1905, August 22, 1907, and as modified and extended and more definitely described as follows, to-wit: Commencing at a point (marked by a cornerstone) at the southwest corner of Madison street (extending north) and Second street (in Areadia) extending west, run a line west two thousand, six hundred (2,600) feet along the south line of said Second street to a cornerstone; thence south eight thousand, one hundred and fifty-two (8,152) feet to a cornerstone; thence east to a point (marked

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by a cornerstone) at low water mark on the east bank of the Flint River; thence in a northerly direction along said east bank (at low water mark) of said river to a point (marked by a cornerstone) on the south line of State street extended east; thence east along said line forty-six hundred and sixty (4,660) feet to a cornerstone; thence north twenty-nine hundred and thirty (2,930) feet to a point (marked by a cornerstone) on the north line of North street extending east; thence west along said line thirty-nine hundred (3,900) feet to a cornerstone on the east bank, low water mark, of the Flint River; thence in a northerly direction along said east bank at low water mark of said river, to a point (marked by a cornerstone) where the north line of Seventh street extended east intersects the east bank (low water mark) of said river; thence west five thousand, eight hundred and ninety-eight (5,898) feet to a point (marked by a cornerstone) at the northwest corner of Madison and Seventh streets extended; thence south two thousand, five hundred and eighty (2,580) feet along the west line of Madison street (extended) to the commencing point (marked by a cornerstone). Provided, however, that it shall rest within the sound discretion of the mayor and council to, at any time, call an election for the incorporation of contiguous territory whenever at least 25 residents therein shall petition the mayor and council therefor, which election shall be held under the regulations for elections hereinafter set out, and only the qualified voters in the city of Albany shall be eligible to vote thereat; two-thirds of those voting being in favor of incorporation, said territory shall be by the mayor and council declared duly incorporated. Corporate limits. SEC. 3. The municipal government shall consist of a mayor and six (6) members of council, elected from the city

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at large, and such other officers, servants and agents, not hereinafter enumerated, as said mayor and council may, from time to time, lawfully employ or elect. Government. SEC. 4. The mayor and council shall be the supreme governing body, exercising all the powers herein conferred upon the corporation, and not otherwise specifically delegated. Mayor and council. (1) Election for the mayor and members of council shall be by a vote of the people and shall be held under the election regulations hereinafter prescribed, on the third Monday in December. Their terms of office shall begin on the first Monday in the January next ensuing and shall continue for two (2) years and until their successors are elected and qualified; the mayors hereafter elected shall be eligible to succeed themselves for only one successive term. Election of mayor and councilmen. (2) The first election held hereunder shall be on the first Monday in December, 1910, for three members of council, and at the next election thereafter, to-wit, on the first Monday in December, 1911, for mayor and three (3) members of council, thus securing a rotation in office, so that the full membership of said body may not be completely changed at one election; provided, that nothing herein contained shall operate to prevent the present mayor and council from continuing in their offices for their respective terms, and until their successors are elected and qualified hereunder. Elections, when held. (3) The mayor and council shall, on the first Monday in January in each year elect one of the members of council as mayor pro tem., who shall, in case of the absence or disability of the mayor from any cause, or in case of a vacancy in said office, be clothed with all the powers and fulfill all the duties of same, and shall receive such compensation as the mayor and council may by ordinance prescribe. In case

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of the absence or disqualification of both mayor and mayor pro tem., the remaining members of the council shall choose one of their number to act for such time as may be necessary. Mayor pro tem. (4) In the event that the office of mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tem. shall act as mayor during the balance of said term, and exercise all the rights and powers of the mayor during said term; provided at the time of such vacancy it is not exceeding six months before the expiration of said mayor's term of office. If, however, said unexpired term is longer than six months from the date of such vacancy, the council shall within 15 days order a new election, and such election shall be held and managed in the same manner as hereinafter provided for city elections, at which special election a successor for the unexpired term caused by said vacancy shall be elected. Vacancy in the office of mayor. (5) A vacancy occurring among the members of council shall be filled for the unexpired term at an election by the mayor and remaining members of council; provided at the time of such vacancy it is not exceeding six months before the expiration of said councilman's term of office. If, however, said unexpired term is longer than six months from the date of such vacancy, the council shall within 15 days order a new election, and such election shall be held and managed in the same manner as hereinafter provided for city elections, at which special election a successor for the unexpired term caused by said vacancy shall be elected. Vacancy in the office of councilman. (6) The mayor shall be the presiding officer of council, shall be entitled to vote on any question before said body, but shall only exercise such privilege in case of a tie, except in the elections provided for in Section 3, Section 4, paragraph 3; Section 5, paragraphs 1 and 3; Section 12 and Section 13 of this Act, and in case of impeachment as

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provided for in Section 4, paragraph 9 of this Act. In addition the mayor shall be the supreme executive officer of the city government, shall se to it that all laws, ordinances and resolutions are properly executed, shall see to it that all officers of the city properly perform their duties, and shall in all things exercise a general supervision of the city's affairs, making such recommendations to the council, from time to time, as may to him seem proper for the public good. Mayor, duties and vote of. (7) The members of the council, together with the mayor, shall constitute the legislative department of the 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 may to them seem proper and needful. Legislative body. (8) Said mayor and council shall have power to punish by execution and attachments for contempts, in a penalty not to exceed fifty ($50.00) dollars, or confinement in the guard house thirty (30) days, either or both, in their discretion, or to coerce the payment of fines by imprisonment; 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 before some officer authorized by law to administer same, the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as mayor (or member of council) of the city of Albany, during my continuance in office; that I will to the utmost of my skill and ability, promote the interest and prosperity of said

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city; that I will not willfully and knowingly use or be the cause of using tyrannical means towards any citizen or portions of the citizens thereof; so help me God. Punitive powers of council. Oath of mayor and councilmen. (9) That the mayor and council shall provide by ordinance for the impeachment and trial of any member of said body who, upon conviction of malpractice in office, of any willful neglect or abuse of the powers and duties of same, shall, by a two-thirds vote of the whole. body, the mayor voting, except in case of his own impeachment, be dismissed from office. Impeachment of mayor and councilmen. (10) The salary of the mayor shall be prescribed by ordinance and shall not be increased or diminished during his term of office. Salary of mayor. (11) The compensation of the members of council may be prescribed by ordinance and shall not be increased or diminished during their term of office. Compensation of councilmen. SEC. 5. The following municipal officers shall be elected by the mayor and council on the first Monday in January, and shall hold their office for a term of two (2) years and until their successors are elected and qualified; an attorney, a physician, a treasurer and collector, a clerk of council, a sexton, a superintendent of the streets, a chief of the fire department, each of whom shall receive such compensation as the mayor and council may by ordinance prescribe, which amount shall not be increased or diminished during their term of office, and each of whom shall, in addition to the duties herein prescribed, perform such other duties as may be provided by ordinance; provided, that such municipal officers shall at all times be subject to suspension, for cause, by the mayor, in his discretion,

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but such suspension shall be reported within five days to the council for action on their part, under the provisions of this charter; provided, that nothing herein contained shall operate to prevent the above named officers now holding office from holding same until the expiration of their respective terms and until their successors are elected and qualified. Municipal officers, terms of office and compensation. (1) A vacancy occurring in any of the officers enumerated in the preceding Section, an election to fill the unexpired pired term shall be held by the mayor and council in not more than fifteen (15) days thereafter. Vacancies. (2) Any one who has attained the age of twenty-one years and is a qualified voter in the city of Albany, shall be eligible to any municipal office. Eligibility to office. (3) All officers elected by the mayor and council shall at all times be subject to the jurisdiction of the same, and amenable to their discipline, and said mayor and council shall have the power to suspend, fine or remove any of said officers by a majority vote of the whole body (the mayor voting), for any cause that may seem just and proper, after a fair opportunity to be heard. Officers amenable to council. (4) All officers and employees of said city shall be required to take such oath to properly perform their duties, and to give such bond, payable to the mayor and his successors in office, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and the public for any loss or damage by reason of their default, misfeasance, malfeasance, nonfeasance, or negligence, as the mayor and council may by ordinance prescribe. Oath and bond of officers.

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(5) Neither the mayor nor any member of the council, or any city officer shall be interested, directly or indirectly, in any contract made with the city, or to receive any profit or emolument for any purchase or sale of material, or other articles paid for out of the public revenues, or for which the city becomes responsible. Graft prohibited. SEC. 6. All elections, both general and special, shall be conducted in accordance with the following regulations: (1) The mayor and council shall appoint prior to each election, a board of three managers, each of whom shall be a qualified voter in the city, and who shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer the same, the following oath: All and each of us do swear that we will faithfully manage this day's election, that we are qualified 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 will not divulge how any vote was cast, unless called on under law to do so; so help us God, and said managers shall appoint three clerks. Elections, how held. (2) That all elections shall be held at the county court house, and at such other places as may be prescribed by ordinances. (3) That the vote shall be given by ballot and secretly, no one but the election manager being allowed to be present with the voter, except in case of a challenge, the person challenging, who shall immediately withdraw after the decision of the manager is made.

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(4) In case a voter is unable by illiteracy or physical disability to prepare his ballot, one of the managers may, at the voter's request and in the presence of the other two, prepare his ballot for him. (5) The polls shall be open from 7 a. m. to 6 p. m., standard time. (6) There shall be kept by the three clerks appointed by the managers as hereinbefore prescribed, three lists of the names of the voters, which names shall be numbered in the order of their voting, and also three tally sheets. (7) As each ballot is received the number of the voter on the list shall be marked on his ballot before said ballot is deposited in the box. (8) When any voter is challenged, that fact shall be so written opposite his name on the list and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of twenty-one years, and resided in the State for one year, in the county of Dougherty six months, and in the city of Albany three months next preceding the election; that I have paid all the taxes which, since the adoption of the present Constitution of this State, have been required of me, and which I have had opportunity to pay agreeable to law, except for the year in which this election is held, and that I have not voted before at this election; so help me God. Any voter who shall refuse to take the oath when challenged shall have his ballot rejected. (9) To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity

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of casting his ballot, and so the secrecy of the same may be maintained, it shall be the duty of the proper municipal authorities to furnish a sufficient number of police to secure that end. (10) The managers shall not begin to count the votes until the polls are closed. (11) When the votes are all counted out, there must be a certificate signed by all 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 each tally sheet must likewise have written the signature of the managers. (12) The oath of the managers, together with their certificates, and one tally sheet and list of voters, shall be securely sealed in an envelope with the names of the managers enclosed thereon, and delivered to clerk of council, who shall keep same safely and have it at the next meeting of the mayor and council. (13) That one tally sheet, one list of voters and all of the ballots shall be sealed up in the ballot box, the names of the managers written across the seal, which said box and its contents shall be delivered to the clerk of the city council and by him safely kept until called for by lawful authority; and the remaining tally sheet and list of voters shall be retained by the managers and by them likewise safely kept until called for by said lawful authority; provided, that if the same is not called for by lawful authority within 60 days after the election, the clerk shall procure the tally sheet and list of voters retained by the managers, and shall destroy them, together with the tally sheet, list of

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voters and ballots returned to him in the ballot box, retaining only the papers returned under paragraph 12 hereof, which shall be filed away and safely kept. (14) The mayor and council shall, at their first meeting after the election, receive said returns from the clerk and declare the result of the election in accordance with the certificates of the managers, those receiving the highest number of votes being declared elected, or the question voted upon being declared carried or not carried, as the case may be, which certificates, together with the resolutions of the council declaring the result of the same, shall be entered on the minutes of the council. SEC. 7. All persons qualified to vote for members of the General Assembly, in the county of Dougherty, who shall have paid all taxes legally imposed and demanded by the authorities of the city, including the street tax, except for the year in which the election occurs, and who shall have resided there three (3) months within the jurisdictional limits of the city, and have registered as hereinafter provided, shall be qualified to vote at any city election. Voters. SEC. 8. The clerk of the council, or in case of his sickness or absence, any officer of the city duly appointed by the mayor and council for that purpose, shall open at the clerk's office, (or at such other place as may be designated by the mayor and council, notice of such change being given by newspaper publication), forty-five days prior to each election, a list for the registration of voters, which list shall be kept open from 9 o'clock a.m. until 1 o'clock p.m., and from 2 o'clock p.m. until 6 p.m., standard time, each and every day, Sunday excepted, for the space of thirty

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days, when it shall be finally and absolutely closed at 6 p.m. of the thirtieth day. Registration of voters. (1) Upon application in person by such persons entitled to register who shall furnish to the clerk of council evidence of their qualification, the clerk or other registering officer shall allow said person to enter upon the registration list their names, and shall require such person, in addition to entering his name to enter his age, residence and occupation said names shall be alphabetically arranged in the register, the white and colored being kept separate. (2) The registering officer shall be the judge of the qualification of those offering to register, with the right of appeal by the applicant for registration to mayor and council, but the registrar may, in his discretion, administer to the applicant the following oath: I do solemnly swear that I am twenty-one years of age, or will be the day of the election, and am qualified by citizenship, residence and payment of taxes, to vote for members of the State Legislature in the county of Dougherty; that I will have resided in the city of Albany for the last three months at the time of the election, and have paid all taxes which have been required of me by the authorities of said city, and which I have had opportunity to pay, agreeable to law, since the adoption of the present Constitution, except for the year of the election; so help me God. And when applicants are sworn, a minute of that fact shall be entered opposite their names on the list. (3) Any qualified voter who, by reason of physical disability or prolonged absence from the city, is unable to apply in person for registration, may make an affidavit before some officer of this or any other State, authorized

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by law to attest same, stating the age, occupation, residence and cause of disability of applicant, and when the clerk or other registering officer shall receive such affidavit, during the time in which the lists are open, it shall be his duty to enter the name of applicant upon the registry. (4) That in order to guide the registering officer in the discharge of his duty, he shall receive from the proper authority the list of disqualified voters for that year, as provided now, or as may be hereafter provided for by the State law, and, in addition thereto, the mayor and council is hereby empowered and directed, prior to the first election under this charter, to prepare a list of all those who are disqualified to vote, by reason of the non-payment of city taxes since the adoption of the present Constitution, and shall also provide for a revision of said list from year to year. And the registering officer shall refuse to register any person whose name appears on either of these lists unless such person shall furnish satisfactory evidence that his disqualification has been removed. (5) The clerk or registering officer shall furnish the managers of the election, prior to the opening of the polls, a certified copy of said registration list arranged alphabetically, with the ages, occupations and residences of the voters named therein, white and colored being arranged separately. This shall be the only official registration list and shall be returned to the clerk after the election and by him safely kept and preserved. (6) Any person voting illegally at any election herein provided for shall be guilty of a misdemeanor, and be punished as prescribed in Section 630 of the Georgia Code. Any person who shall falsely take an oath provided for in

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the preceding Section, shall be guilty of false swearing, and shall be punished as prescribed in Section 259 of the Georgia Code. SEC. 9. That there shall be a fire department maintained and operated by said city under such rules, regulations and ordinances as the mayor or council may prescribe, and such as already exist. In addition to a chief, the fire department shall consist of such a number of men, who shall receive salaries and be employed for such times as may be provided by ordinance. The chief shall be the executive head of the department, shall be responsible for the good order and efficiency of the same, shall make such expenditures therefor as may be previously authorized by the mayor and council, and shall make such reports to said body of the condition of the department as may be required. Fire department. SEC. 10. There shall be and there is hereby established a city police court in and for the city of Albany, to be conducted in such manner and at such time, except Sunday, at any place in the city as the mayor and council may prescribe, and in which court the mayor shall be the presiding officer. In case of the absence or disability of the mayor, for any cause, the mayor pro tem., or in his absence or disability, for any cause, any member of the council designated by the council, shall preside. The procedure in said court with reference to the conduct and trial of cases therein not in conflict with this Section of the charter, shall be prescribed by the mayor and council, or by the rule or order of the presiding officer thereof. Police court. (1) Said police court shall have jurisdiction to try all offenders against the laws and ordinances of the city committed within the corporate limits, and to punish persons

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convicted therein of violating such laws and ordinances in a fine not to exceed $200.00, or imprisonment in the guardhouse, city prison, or other place provided, or by compulsory labor on the streets or other public works or city chaingang, not to exceed 60 days, and either one or more of said punishments may be imposed, or the several punishments may be cumulative, or the fine may be imposed with an alternative of such imprisonment or compulsory labor, or coerced or enforced by said imprisonment or labor; provided, that the punishments, within the limits prescribed, shall only be imposed by said court in the amount and manner prescribed by the penal ordinances of said city, and in the event no penalty is provided for the doing of which is made unlawful by ordinances, the court shall have power to proceed to impose the punishment as herein enumerated. The jurisdiction of said police court shall further extend to the investigation of any charge involving or amounting to a violation of the penal laws of Georgia, when such charge is entered upon the docket of said court and when the offense is alleged to have been committed within the corporate limits of the city, and provided such charges are made in writing and verified to the best of the knowledge and belief of the person making such charges. Jurisdiction. (2) The mayor or other presiding officer of said court shall have the same power as judges of the Superior Court of this State to punish for contempt of said city police court by a fine not to exceed $25.00, or imprisonment in the city guard-house, city prison, or other place provided, or in Dougherty county jail not to exceed 10 days, and either or both of said punishments may be imposed in the discretion of the court, or the fine may imposed with the alternative of such imprisonment, or coerced by such imprisonment.

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Said mayor or other presiding officer of said court shall be, to all intents and purposes, a justice of the peace insofar as to enable him to issue warrants for offenses committed within the city of Albany against the penal laws of this State, this either before or after a hearing or trial of the charge in said police court; provided, the affidavit required by law to obtain warrants is first made before said mayor or the other presiding officer, which warrant may be executed by any member of the police force of the city. Said mayor or other presiding officer of said court, as such ex-officio justice of the peace, shall have the power and authority to commit to the jail of Dougherty county offenders against the laws of the State of Georgia, and to admit them to bail, in bailable causes, for their appearance at the next term of a court of competent jurisdiction to be held in and for the county of Dougherty, after legal investigation, and shall, if the evidence in the trial of an offense against the ordinances of the city discloses the violation of any State law, have the same power to bind the defendant over as above set forth. Presiding officer of police court, powers of. (3) The said mayor or other presiding officer of said court, shall have the right and power to suspend, vacate or reduce penalties of said court imposed by him for legal grounds in his best judgment and discretion, and the same shall apply to penalties and sentences of said court pronounced by the officer who presided in said mayor's stead, it being the intention thereof to give the officer who pronounced the sentence power to vacate, alter or modify the same, when for good and legal reasons he may be convinced that such a course is consistent with justice; provided, no fines which have been imposed and collected shall be refunded in whole or in part, except by the city council upon

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written recommendation of the mayor or other presiding officer, who may have imposed such fine. Penalties. (4) There shall be kept in such court one or more dockets, upon which shall appear the names of each person arrested by the officers and members of the police force in the city for any offense against the municipal ordinances or State penal laws, and each person brought before said court by summons, warrant or other writ issued therefrom, to answer for the violation of any ordinance of the city or any State penal laws, together with the names of the witnesses against them, and a summary or simple statement of the offenses with which they are charged, which statement shall be deemed sufficient notice to or accusation of the accused; provided, the mayor and council may prescribe such additional notice or accusation as they may deem proper. Upon the trial of such persons, the sentence imposed or the disposition of the case shall be entered in writing opposite the name and charge, by the mayor or other presiding officer of said court, which respective entries, signed by the mayor or other presiding officer, shall constitute the judgment of the police court in each respective case. Dockets, accusations, etc. (5) Said court shall have power to compel the attendance of witnesses in all proceedings before said court by subp[oelig]na, which subp[oelig]na may be issued by the chief of police or any member of the police force, and shall bear test in the name of the mayor, and shall contain a brief statement of the case, the time set for trial or hearing, and the time at which the person subp[oelig]naed is to appear. The mayor or other presiding officer of said court shall have the power to punish any person disobeying said subp[oelig]na for contempt of court, within the limits of punishment in

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this Act, prescribed; such subp[oelig]na shall be served by any officer or member of the police force of the city. Any person who may be charged with contempt of court, as herein provided, may be arrested by an attachment or warrant in writing, signed by the mayor or other presiding officer in said court, which said attachment or warrant may be executed by any member of the police force. Witnesses. (6) The ministerial officers of said court shall be the chief, deputy chief and other members of the police force, any of whom may execute the mandates of the court, and to whom, in the alternative, all mesne and final process thereof shall be directed. Ministerial officers of court. (7) The right of certiorari from the decision and judgment of the said police 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) In any case where any person has deposited a sum of money as a bond for the appearance in said police court of a person charged with an offense which said court has jurisdiction to try, such sum of money shall be forfeited by the owner thereof, and be paid over by said police court to the city treasurer as the property of the city of Albany in the event the party does not appear, at the time appointed, for whose appearance such sum of money was deposited as a bond. Cash deposits for appearance. (9) When any bond is given by any person charged with an offense against the ordinances, or arrested for such offenses, for his or her appearance at any session of police court, and such person so giving bond shall fail to appear at the time appointed in said bond for his or her appearance,

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then the mayor or other presiding officer in said court shall issue a scire facias against the principal and his or her security, calling on them to show cause in said court at the time specified in said scire facias, why said bond should not be forfeited, which said scire facias shall be served by any member of the police force of the city at least two days prior to the return day thereof, upon the principal and sureties personally, or in the absence of either from the county or State, then by one newspaper publication of said scire facias two days before the return day thereof. If at the return time of said scire facias in said court no sufficient cause be shown to the contrary, judgment shall be entered upon said bond against said principal and his or her sureties. On the entering of said judgment the clerk of city council shall issue execution against the principal and surety, in conformity with such judgment, and in the form and manner prescribed by execution issued by the city for taxes and which execution shall be placed in the hands of the city marshal, who shall proceed to collect the same as tax executions are collected by the city. Appearance bonds. (10) Persons sentenced to labor by said police court shall be turned over to the superintendent of streets, or other officers in charge of the streets and public works, to be put to work on said streets or public works in or around said city. Convicts to be employed on public work. (11) The mayor and council shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police court, such as are incident and lawfully chargeable to the prosecutions of said cases. Court costs.

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(12) Upon the failure or refusal of any person to pay any fine or cost imposed by said police court, the same may, in addition to other methods, 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 sales thereunder shall be collected in same manner. Collection of fines and costs. (13) Upon complaint being filed with the mayor, or in his absence or disability to act, the mayor pro tem., by affidavit or such other manner as he may require, that any person has violated any municipal ordinance or law, said mayor or mayor pro tem. shall have the power to 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 city and signed by said mayor or mayor pro tem. Warrants for arrests. SEC. 11. That the police force of the city shall consist of a marshal or chief of police and such other officers and men as the council shall prescribe, and shall be elected as hereinafter provided. They shall take an oath faithfully and impartially to discharge the duties imposed upon them by the laws and ordinances, and shall give such bond as may be required of them by city ordinances. The chief shall hold his office for two years, and the remaining members of the force for one year, their respective terms beginning on Tuesday after the first Monday in January, and until their successors are elected and qualified; provided, however, that the term of office of the present force shall not expire until after the expiration of the full term for which they were elected. Police force. (1) That their compensation shall be prescribed by ordinance and shall not be increased or diminished during

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their respective terms. No extra pay, or allowance, or cost shall be made to them, or either of them. It shall be their duty to make arrests, in the manner prescribed by law, of persons violating the penal laws of the State, or ordinances of the city council. It shall be the duty of the marshal or chief of police to prosecute offenders before the Superior Court of Dougherty county and the city court of said county. For the failure to perform any duty required by law, or the city ordinances, they may be suspended or removed from office by the board of police commissioners. The mode of preferring the accusation against them, and their trial shall be prescribed by city ordinance. The city council shall also prescribe the manner of suspending until trial, the marshal or chief of police, or any other public officer or policeman, where accusation is brought, and in all cases the board of commissioners of police may make appointments to the office, or place of suspended person, such appointee to hold during the suspension. Said police shall have power to arrest for any violation of the ordinances of the city, with or without a warrant, and whether the offense was committed in his presence or not. Compensation and duties of policemen. (2) That the mayor and council shall cause the entire police force of the city to be armed, and so uniformed as to be readily recognized by the public as police officers. The arms and uniforms to be furnished at the expense of the city; provided, that such arms and uniforms shall always be and remain the property of the city. Arms and uniforms of policemen. SEC. 12. That there shall be a board of police commissioners connected with the municipal government of the city of Albany, which said board shall consist of five persons, citizens of said city, and neither of them shall be a member of the city council. but the mayor of the city shall

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be ex-officio president of the board and shall preside at all meetings thereof; he shall in no event have a vote, by reason of his membership on said board, but shall at all times, by virtue thereof, as well as by reason of his office as mayor, have the right and power to call upon the police force or any member thereof to execute any law, ordinance or resolution of the city government. In the absence or disability of the mayor, from any cause, the mayor pro tem. shall preside in his place, and in the event of the absence of both the mayor and mayor pro tem., for any cause, a member of the board selected by the board shall preside; provided such member, by reason of presiding, shall not lose any power to vote on all matters considered by the board. The first election hereunder shall be by the mayor and council at their last regular meeting in January, 1911, and at the last regular meeting of the mayor and council in each succeeding year there shall be held an election to elect a commissioner to succeed the commissioner whose term will then expire. Any vacancy occurring in the board during the year, for any other cause than the expiration of the regular term, an election to fill said vacancy shall be immediately held by the mayor and council, and such incumbent shall hold until the unexpired term shall expire, and until his successor is elected and qualified. Each regular term shall begin at the date of election and close, as hereinbefore declared, and until a successor is elected and qualified. No person shall be eligible for election and membership on said board for two consecutive terms; provided, however, that any person filling an unexpired term may be eligible for election to the succeeding term; and provided, further, that nothing herein contained shall operate to prevent the present commissioners from holding their office for the full term for which they were elected. Board of police commissioners. Election of members. Vacancies.

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(1) That each member of said board of police commissioners, before entering on the duties of his office, shall take and subscribe this oath before some officer authorized to administer it: I swear that I will faithfully and impartially demean myself as commissioner of police during my continuance in office. I have not, in order to influence my election to this office, as commissioner, directly or indirectly, expressedly or impliedly, promised my vote or support to any person for any office in the city of Albany, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to position on the police force to be influenced by fear, favor or affection, reward or hope thereof, but in all things pertaining to said office I will be governed by my conviction of the public good. I do further swear that I will prefer charges or complaint with the board for the breach or violation of any of the ordinances, rules or regulations governing the police force, on the part of any member of the police force coming within my personal knowledge. The oath shall be entered on the minutes of the proceedings of the board, and the original shall be filed in the office of the clerk of the city council. Oath of police commissioners. (2) That the board of police commissioners thus elected and qualified shall have exclusive power, and it shall be their duty to appoint a marshal or chief of police, and such other police officers or policemen as is or may be prescribed by the city ordinance. This power extends to unexpired as well as to regular terms. They shall keep a record of their proceedings, and the clerk of the city council shall act as the clerk thereof, they shall hold a stated meeting each month, and such other meetings as the public interest may from time to time require. Three, exclusive of the mayor, shall constitute a quorum with the power to transact all business,

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including questions of the election or dismissal of members of the force. They shall exercise full direction and control of the officers and members of the police force in conformity to existing ordinances and such as may be applicable to the subject, but in no event shall said power be so construed as to deny the mayor and ex-officio president the right and power to call upon the police force, or any member thereof, to execute any law, ordinance or resolution of city government. And provided, further, that the members of the entire police force, rank and file, shall be subject to suspension by the mayor, for cause, in his discretion, but in all cases of such suspension, it shall be the duty of the mayor to report the same within five (5) days to the board of police commissioners, for action thereon. Said commissioners shall serve without compensation or emolument. Election of marshal and police officers. Meetings and powers of police commissioners. SEC. 13. There shall be a board of water and electric light commissioners, of which the mayor shall be ex-officio chairman. In addition to the mayor, said board shall consist of two members elected by the mayor and council from the citizens of said city. Anyone eligible to the office of mayor or councilman shall be eligible to the commission. The citizen members of said commission shall be elected for a term of two (2) years, one of said members to be elected as herein provided, on the first Monday in January of each year. The terms of office of said commissioners shall begin on the first Monday in January, and continue until their successors are elected and qualified. All vacancies shall be filled for the unexpired term in not more than fifteen days after such vacancies occur; provided, that the present board shall continue in office for the full term for which they were elected. Said board shall govern and control the water

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works and electric light system of said city, in the manner hereinafter set out. Board of water and electric light commissioners. (1) The said board of commissioners shall take and subscribe an oath to faithfully and impartially discharge their duties during their continuance in office, and shall keep a record in books to be kept for the purpose of the acts and doings of said board, a full report of which shall be made quarterly to the mayor and council of said city; provided, however, that the said mayor and council, by the adoption of a resolution to that effect, may change the time for making said report. The books, vouchers and papers of said board shall be subject to inspection and examination at any time by persons authorized to do so by the mayor and council. Reports of Board. (2) That a majority of said board shall constitute a quorum for the transaction of business, and all contracts and engagements, acts and doings of said board within the scope of their authority, shall be obligatory upon, and be in the law considered as if done by the mayor and council; provided, however, that no election that shall be held by said board shall be valid unless all three commissioners are present and vote in said election. Acts of Board. (3) That said board of commissioners shall biennially on Tuesday after the first Monday in January, elect one superintendent of waterworks and electric lights, whose term of office shall be for two years, and until his successor is elected and qualified; provided, however, that the present superintendent shall continue in office for the full term for which he is elected, who may be required to make stated reports, to both the board and mayor and council, and whose compensation shall be fixed by the mayor and council. In

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addition said board shall have the power to employ such number of persons as may from time to time be found needful in the management and operation of said electric light and waterworks plants, but no such employment shall be for a longer period than one year; the compensation of all such employees to be fixed by the mayor and council. Said board shall have the power to inflict penalties by way of fine, suspension or discharge, upon said superintendent for any cause that may seem just and proper, after a fair opportunity to be heard, two (2) votes being necessary to fine, suspend or discharge, but a full board of three (3) shall be necessary to constitute a quorum for said purpose. Superintendent of water works and electric lights. Employees of board. (4) That said board shall have power to establish a scale of water and electric light rates, make and enforce rules for the collection of same, adopt rules and regulations respecting the introduction of water and electric lights into or upon any premises, and from time to time to regulate the use of water and electricity in such manner as shall seem to them necessary and proper; and the members of said board and superintendent, and all inspectors in their service are hereby authorized and empowered to enter at all reasonable hours any dwelling or other place where said water or electric light is taken or used, and where unnecessary waste thereof is known or suspected, and examine and inquire into the cause thereof. They shall have full power to examine all surface pipes, stopcocks and other apparatus connected with said waterworks, and for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the same manner directed in the permits issued therefor; and if any person refuses to permit such examination or oppose or obstruct such officers in the performance of such duties, such person so offending shall, upon conviction in the police court, be fined not exceeding

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fifty dollars, or imprisoned in the guard house not exceeding 50 days, either or both, or by fine with an alternative of such imprisonment, or said fine coerced by such imprisonment. In addition, the board may shut off the supply of water until the required examination is made, and such alterations and repairs are completed as necessary. Rates for water and light. Inspection of work. (5) That said board shall regulate the distribution of said water and electricity in all places and for all purposes where the same may be required, and from time to time shall fix the price for the use thereof, and the time of payment, and they shall erect such number of public hydrants and stock-founts, and in such places as they shall see fit, and elect in what manner and for what purposes the same shall be used, for all of which they may charge at their discretion; provided, that all hydrants, conduits and appliances required and furnished for the extinguishment of fires shall be erected and placed as the mayor and council may direct, and be under their exclusive control and direction. Distribution of water and electricity. (6) That such board shall have full power and authority to require the payment in advance for the use or rent of water and electricity furnished by them in or upon any building, place or premises, and in case prompt payment shall not be made, they may shut off the water and electricity from such building, place or premises, and shall not be compelled to again supply said places or premises with water or electricity until arrears with interest thereon shall be fully paid. Advance payments for water and electricity. (7) That said board shall make no contract for the price of using water or electricity for a longer time than one year. All complaints regarding inequalities in the rates

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shall be heard by said board, and their decision shall be final and conclusive. Terms of contracts. (8) That the mayor and council may require bond with good and sufficient security, in a sum to be fixed by them, of the superintendent, and any or all of the employees appointed by said board, said bond or bonds conditioned for the faithful performance of their duties and the prompt delivery of all moneys belonging to said city, coming into their hands during their continuance in office, and said bond, or bonds, to be made payable to the city of Albany. Bonds of superintendent and employees. (9) The members of said commission shall receive such compensation for their services as the mayor and council may by ordinance prescribe. Compensation of members of board. (10) That the mayor and council of the city of Albany may at any time remove any citizen member of said board, provided it shall satisfactorily appear, after reasonable notice to the parties, and hearing the cause of complaint and answer thereto, if any should be offered, that the member whose removal is sought has been guilty of maladministration or neglect of the duties of his office, that his removal will be right and proper, and two-thirds of the members of said council shall concur in said removal. Members of board removable for cause. SEC. 14. Said city of Albany shall have power to establish a complete system of drainage for the health and comfort of its inhabitants, and shall have entire and absolute control and jurisdiction of all soil-pipes, private drains and sewers, water-closets, privies, privy vaults, and dry wells in said city, with full power to prescribe their location, structures, uses and preservation, and to make such regulations concerning them, in all particulars, as may seem

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best for the preservation of the health of the inhabitants of the city, and with power also to require changes in or the total discontinuance of, any such contrivances or structures already in existence, or that may hereafter be allowed. Drainage, etc. SEC. 15. The city of Albany shall have the power to regulate the width, location and grade of all streets, alleys, sidewalks and ways within the city, due regard being had for the original plan of said city, and shall have the further power to locate, open and lay off new streets, alleys or ways within the city, to alter in any manner or close and vacate any of the same, and to prohibit anyone from opening and laying off any new streets, alley or way without the consent of the mayor and council. Streets, etc. SEC. 16. The city of Albany is hereby authorized and empowered to condemn lands within or without the corporate or jurisdictional limits of said city, for sites for the erection of public buildings for said city, for parks, water supply, sewers, cemeteries, plants for handling and disposing of sewage, for drainage or sewerage purposes, for the purpose of opening and laying off any new streets, alley or way, or extending, widening or altering in any manner, any of the streets, alleys or ways of said city, and for other public purposes, and to pay the owners of said property the damages incident to said condemnation. Said city shall proceed in condemning said property for the purposes mentioned, under the terms and provisions as are now, or may hereafter be, provided by the law of the State in such cases. The fact that the property needed by said city for said purposes may be owned by a railroad or other quasi-public corporation shall be no bar to the exercise of the right of condemnation hereby conferred. Condemnation for public utilities.

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SEC. 17. The city of Albany shall have the power to grant encroachments upon the streets, sidewalks, alleys or ways of the city, on such terms and in such manner as may be by ordinance prescribed, and shall have the further power to grant privileges and franchises to any person, railroad, street railroad, or other corporation to use any part or parts of the streets, alleys or ways in the city, upon adequate compensation, to be determined by the mayor and council, being paid into the city treasury, upon such terms and conditions as the mayor and council may prescribe; provided, that notice of the application for such privilege or franchise shall be published at least twice in the newspaper in which the sheriff's notices in Dougherty county are published, ten days before the final action on such application. Privileges and franchises, how granted. SEC. 18. That there be and there is hereby established a park and tree commission in and for the city of Albany, to be composed of five citizens, with the mayor and chairman of the standing committee of the city council on streets as ex-officio members; the two last named members having no right to vote in the proceedings of said commission. Said citizen members of said commission shall be elected by the mayor and council for a term of three years and until their successors are elected and qualified. No person shall be eligible to appointment and election as one of said commissioners unless he be a citizen of the city of Albany. Of the five commissioners to be elected hereunder on the first Monday in January, 1911, two shall be elected to serve for two years from the date of their election, and three to hold for three years from the date of their election, and on the first Monday in January, 1913, and every three years thereafter, two members of said commission shall be elected, and on the first Monday in January, 1914, and every three years

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thereafter, three members shall be elected; the members so elected shall hold until their successors have been elected and qualified. The said park and tree commission shall have exclusive management of all matters and things relating to the care, preservation, improvement, adornment, good order and regulation generally of Tift Park, and all other parks, public playgrounds, squares, cemeteries owned or controlled by said city, grass plots, trees and flowers of said city; the planting of and caring for trees and grass in the parks, squares, cemeteries aforesaid, and all grass plots in the streets of said city; it shall determine what trees may be removed from said parks, squares, public playgrounds, cemeteries aforesaid, or streets, what trees, plants or shrubbery may be planted therein, and when such removal and planting shall take place; it shall superintend and take charge of such planting and removal; it shall also make such rules and regulations as may seem to said commission proper, touching matters and things within its jurisdiction, which rules and regulations shall be submitted to the mayor and council of the city of Albany, and when approved by the council of said city shall become binding and effective. When the said rules and regulations are confirmed by the council, provisions shall be made by the said council for penalties necessary for the due observation of said rules and regulations. Each citizen member of the said commission shall, before entering upon the duties of his office, subscribe the following oath before some officer authorized to administer same, to-wit: I swear that I will faithfully and impartially demean myself as a member of the park and tree commission of the city of Albany during my continuance in office, and will well and truly perform all the duties of said office; and that I will neither be concerned or interested peculiarily directly or indirectly, in any contract

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for work or material furnished for, or on behalf of any work, improvement or preservation of the parks, squares, public playgrounds, grass plots, trees and flowers of said city while a member of said commission. Said oath shall be entered on the minutes of the proceedings of said commission. Said commission shall keep a record of its proceedings and shall elect one of its members as secretary and treasurer. It shall hold a stated meeting each month at the city hall, and such other meetings as it may prescribe from time to time, or as may be called by the chairman or vice-chairman of the commission. The mayor shall be ex-officio chairman of said board, and a vice-chairman shall be elected by the commission. Four of said commission shall constitute a quorum, with power to transact all business. It shall have power to adopt such rules for its government as it may prescribe. Accurate accounts of the expenditures made by said commission shall be kept and regular reports made to the mayor and council. The commission shall annually file a complete report of its actings and doings during the previous year, which shall be referred to the mayor and council and be spread upon the minutes of the commission. All expenditures made by said commission shall be within such amount as has been previously appropriated by the mayor and council on application for such appropriation by said commission. Any expenditures in excess of any such appropriation shall be expressly approved by the mayor and council before the same is incurred. The city engineer shall act as adviser to said commission and shall be subject to its call and direction. Park and tree commission. Election of members. Powers of commission. Rules and regulations. Oath of members. Meetings. Reports. Expenditures. SEC. 19. That the mayor and council shall not grant any public franchise to any person or incorporated companies without reserving in said grant the right to tax said franchise, and further reserve in said grant the right by

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ordinance from time to time, to pass and adopt such reasonable ordinances or resolutions regulating and governing the exercise of such franchise as may be deemed expedient or necessary. Franchises. how granted. SEC. 20. Said mayor and council shall have the power and authority to adopt, maintain and declare of force a code of the ordinances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect, as the council may deem proper to include therein, or a revision thereof, or of entirely new ordinances, resolutions and rules and may contain such of either as said mayor and council see fit to include therein. And said code shall be subject to amendment or repeal, in whole or in part, at any time; provided, that in adopting a code it shall not be necessary to read the same twice, or record same, nor the ordinances, resolutions and rules therein, as in this charter in Section 21 provided, for the passage and adoption of ordinances and resolutions, which said Section shall not apply to said code; provided, further, that only the ordinance adopting a code shall be passed in accordance with said Section 21; provided, further, that nothing in this Section contained shall render said Section 21 inoperative relative to ordinances and resolutions adopted subsequent to, or amending said code. Ordinances of city. SEC. 21. The mayor and council of said city shall have the power to pass any and all ordinances or resolutions that they may deem requisite and proper to the peace, security, welfare, health, good government and convenience of said city, and to prescribe punishments for the violation of the same, in a fine not exceeding $200.00 or imprisonment in the guard house, city prison, or other place provided, or

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by compulsory labor on the streets or other public works, or the city chaingang, not to exceed 60 days, and either one or more of said punishments may be prescribed, or the several punishments made cumulative, or the fine may be imposed with an alternative of said imprisonment or compulsory labor, and the fine imposed may be coerced by such imprisonment or labor. Said mayor and council shall have the power to erect and maintain suitable guardhouses, city prisons or workhouses for the confinement and detention of persons arrested and convicted for the violation of the city ordinances. General welfare. (1) All ordinances, before they shall pass, shall be read twice, and each reading had at separate meetings, regular or special, on separate days, and the first reading shall be at a regular meeting of the mayor and council; provided, that both readings of said ordinance may be had at the first meeting, upon unanimous consent of the mayor and council to that effect; provided, further, that ordinances or resolutions appropriating or involving the expenditure of money for purposes other than ordinary current expenses, shall be read twice, as above provided, and the rule shall not be suspended. Ordinances, how adopted. (2) All ordinances and resolutions shall be signed by the mayor, or the officer presiding at the time of their passage, and countersigned by the clerk of council. How signed. (3) All ordinances and resolutions, and the amendments thereto, shall be in writing, and have endorsed thereon the name of the councilman introducing same, and the date of its readings. Such ordinances or resolutions shall be numbered and filed away and properly preserved. There shall be kept by the clerk of the council a regular ordinance

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and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately engrossed, the record of which shall be signed by the mayor or acting mayor, or the officer presiding at the time of the passage of the same, and countersigned by the clerk of the council under the seal of the city; provided, that nothing herein contained shall operate to prevent said mayor and council from adopting such rules and regulations governing the passage and adoption of ordinances and regulations which do not conflict herewith; provided, further, that nothing contained in this and previous paragraphs shall affect in any manner any existing valid ordinances of said city. Record of Ordinances. SEC. 22. Said city shall have the power and authority by ordinance to pave, re-pave or repair the pavement of the sidewalks of the city, and to assess the cost of same against the owners of the property abutting on said sidewalks, according to frontage owned by them thereon. Sidewalks. (1) Said city shall have the power and authority by ordinance to grade, pave, macadamize, curb, or otherwise improve for travel or drainage, any of the streets, alleys or ways of the city, or to re-grade, re-pave, re-curb, re-macadamize, or repair the pavement, curbing, grade or drainage of the same, and to assess one-half of the total cost of such improvement against the owners of the property abutting on each side of the streets, alleys or ways so improved, according to the frontage owned by each thereof, and to require any railroad or street railroad company having, or which may hereafter have, tracks running through the streets, alleys or ways of said city, so improved, to macadamize or otherwise pave or improve, as the mayor and council may direct, the width of their tracks, and two

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feet on each side thereof; and to require said companies to repair or re-pave their aforesaid portions as the mayor and council may direct. In the event any such company or companies fail or refuse to comply with said requirement the city may have the same done and the expense thereof shall be assessed against said company or companies, and enforced and collected by execution as provided in Paragraph 2 of this Section. Street improvements. (2) That the said city be, and it is, hereby empowered to enforce the payment of the assessments provided for in this Section, Paragraph 1, by execution against the abutting property and against the owners of the same, which execution shall be issued and levied like executions for taxes under existing ordinances; or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner, and shall be subject to all the incidents of purchase by the city, and redemption by the owner, etc., as provided by Section 732 et seq. of the Code of Georgia of 1895, and amendments thereto; provided, however, that to an execution issued under the provisions of this Section, the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from defendant, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Dougherty county and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. Assessments for street improvements.

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(3) One publication of the ordinance or ordinances providing for the improvement mentioned in this Section, in the newspaper of Dougherty county in which the sheriff's advertisements are published, shall be sufficient notice to abutting property owners, or railroad or street railroad companies having tracks on the streets to be improved, of the contents and provisions of such ordinance, and of the fact that such improvements are to be made; provided, that in case of non-residents, a copy of said ordinance shall be mailed to the address of all non-residents owning land abutting to that where the improvements are to be made, if the address of such non-residents be known, but failure to send or receive such copy shall not invalidate the ordinance, the assessment, or levy, nor any other proceedings thereunder. Notice of street improvements. SEC. 23. That in addition to the special school tax authorized by the Act of the General Assembly, approved August 21st, 1906, said city of Albany shall have the right and power to assess, levy and collect a tax upon all property, both real and personal, within the limits of the city, not to exceed one per cent, ad valorem; to levy and collect a specific or occupation tax on all business, occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper, and upon franchises and incomes; to fix a license on theatrical exhibitions, circuses and shows of all kinds, in the sale of spirituous and malt liquors, and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kinds of tables, tenpin alleys, 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. The taxing power of said city, except as herein limited, shall be as general, complete and full as that of the State itself. Taxing power.

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(1) To provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such returns and penalties for failure to do so; to double tax defaulters for the current or any previous year or years, not in conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns shall be due, and shall have the power to enforce the collection of taxes by execution issued by the clerk of council, directed to the marshal, and bearing test in the name of the mayor, which execution shall be issued not later than the time prescribed by the State law or city ordinances, not in conflict with said State law, and the sales under such execution shall be conducted as prescribed by Section 732 et seq. of the Code of Georgia, 1895, and the amendments thereto. Tax returns. (2) To provide by ordinance for the registration of all business occupations that are subject to a specific, occupation or license tax, the time or times at which same shall be due, and shall provide penalties, within the limits of this charter prescribed, for engaging in same without first registering and paying the tax, and shall have the power, in addition thereto, to enforce the collection of same by execution, as in the previous paragraph provided. Registration of business. (3) To require each male resident living within the present or future corporate limits of the city, between the ages of sixteen and fifty years, inclusive, to work upon the streets of said city as the mayor and council may direct; for as many as six days each year, or, in lieu of such work, to pay a road or street tax, not to exceed three dollars ($3.00) annually, and further to provide for the collection of said tax by an execution which may be issued, made and levied as other executions for city taxes, and also for the imprisonment,

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not longer than five days, of such residents who fail or refuse, after due notice, to perform the work required, or to pay the said tax, and who do not return a sufficiency of property for taxation to pay said execution. Commutation tax. (4) To appoint boards of assessors of real and personal property, consisting each of three (3) freeholders in said city, who shall assess for taxation the value of all property in the city, and each of said boards, when sitting shall have all the powers of a court to compel the attendance of parties and witnesses, to require the production of books and papers, and to enforce same by attachments for contempt, which may be punished as herein prescribed for contempt committed before the police court. Tax assessors. SEC. 24. The city of Albany shall, in addition to the powers hereinbefore granted, have the following powers: (1) To try all nuisances within the city and abate the same; to define what shall constitute a nuisance; to cause any nuisance likely to endanger the health of the city or any neighborhood to be abated in a summary manner; to charge the expense for abating such nuisance against the person causing the same, or the owner of the premises, according as the one or the other is liable, and to enforce the collection of said expenses by execution issued as execution for city taxes. Nuisances. (2) To regulate butcher pens, butcher shops, 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 dangerous and injurious to the health of the public or any part thereof; to license same only in such localities as may be least offensive

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to the public, and to revoke the license for same when they prove dangerous and injurious to health as aforesaid. Regulation of business. (3) In order to guard against danger or damage by fire, said city shall have the power to regulate and control blacksmith shops, forges, stoves and chimneys, and to cause same to be moved or remedied as safety may dictate; to create fire limits and prescribe the material out of which buildings shall be constructed therein; to regulate the construction of doors, exits and steps in places of public gatherings and may require the erection of fire escapes in all buildings, not private residences, three or more stories in height. Fire limits and regulations. (4) To regulate and control all hotels and public houses within the city, and to revoke the license of same in case they should become disorderly. Regulation of hotels, etc. (5) To take up and impound dogs, horses, mules, cattle or hogs running at large, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the city. Stock law. (6) To require owners of lots to drain same, fill up excavations or depressions and upon failure to do so after reasonable notice, to have same done at owner's expense and enforce collection of same by execution against the property. Drainage. (7) To regulate all vehicles of every kind and character used in the city for profit in the transportation of passengers, freights or both; to provide for the regular inspection of same, and to fix the rates of fares and carriages thereon. Transportation.

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(8) To regulate and control barrooms, saloons and bowling alleys; to refuse a license to same in certain localities and to revoke the license of same when it may become proper or necessary. Regulation of saloons, etc. (9) To construct or extend sewers in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated; to assess such part of the cost of the same on the real estate abutting in the street, way or alley in which the same may be extended, according to frontage, as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof; provided, that to an execution issued under this paragraph the defendant shall have the right to file an affidavit, denying that the whole or any part of the amount for which execution issued is due, and stating what amount he admits to be due; which shall be paid or collected before the affidavit is received, and the affidavit shall be received for the balance; and all such affidavits so received shall be returned to the Superior Court of Dougherty county and there tried and determined as in case of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. Sewerage. (10) To regulate all machinery, including stationary and locomotive engines within the city, and to make all such needful rules and regulations for the same as will guard the citizens or any portion thereof against annoyance by unnecessary volumes of smoke and disagreeable and unnecessary noise. Operation of machinery. (11) To establish one or more markets and regulate the same, fix the hours of sale therein; prohibit the sale of marketable commodities elsewhere within the city, and pass

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all ordinances, rules and regulations necessary and proper to control marketing within the city. Markets. (12) To organize a chaingang and to put at compulsory labor thereon all those convicted of violating any of the ordinances of the city. Chaingang. (13) To own, use and operate for municipal purposes and for profit, a system of waterworks and electric lights and gas works; to make rules and regulations regarding the use of the same by the public, and to provide by ordinance for the punishment of those who illegally use said water, electricity or gas, and who illegally divert same from their proper channels of transmission. Waterworks, electric lights and gas works. (14) To provide for the inspection of all buildings for the purpose of having the same meet with all requirements relative to the material used and the safety, and strength of the same, as the mayor and council may from time to time prescribe by ordinance; to guard against loss of fire, injuries to the person or damage to property. Inspection of buildings. SEC. 25. In addition to the powers hereinbefore enumerated, said city of Albany shall have all additional power usually and properly incident to municipal corporations, not in conflict with the Constitution of Georgia, or of the United States, as may be necessary to promote the good government of the city, and of the general welfare of its citizens. SEC. 26. 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; provided, that nothing in this Act contained shall operate to affect or repeal the Act of the General Assembly, approved August 21, 1906,

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entitled; An Act to provide for a system of public schools in and for the city of Albany, Dougherty county, Georgia. To empower and require the mayor and council of said city to levy and collect a special tax for the maintenance and support of same; to establish a board of education to conduct the same; to define the powers of said board; to provide for ratification of the Act by election, and for other purposes, which said Act is hereby declared to be and remain of full force and effect. Repealing clause. Approved August 15, 1910. ALSTON, TOWN OF INCORPORATED. No. 320. An Act to incorporate the town of Alston, in the county of Montgomery, State of Georgia; to define the corporate limits of said town; to provide for a mayor and alderman and other officers of said town; to prescribe the compensation of said mayor and aldermen; 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; and to provide for all matters of municipal concern of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Alston, in the county of Montgomery be, and the

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same is, hereby incorporated as a town under the name and style of the town of Alston. Alston, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half mile in a northerly, easterly, southerly and westerly direction from the place where the public road known as the Shell Road crosses said line of railway aforesaid; that the said Railway at the station known as Alston on said line of railway in said county, so as to embrace a circle within a diameter of one mile with its center the place where said Shell Road crosses said line of railway aforesaid; That the said territory and the inhabitants imbraced therein be, and the same is, hereby incorporated under the name and style of the town of Alston. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of mayor and aldermen of the town of Alston, and by that name shall be capable of suing and being sued in any court of law or equity in this State, to plead and be impleaded, and do all other acts relating to their capacity; and shall be capable in law to purchase, hold, enjoy and possess any real or personal property whatsoever, either to themselves or their successors in office, for the sole use and benefit of the said municipality in perpetuity, or for a term of years, which may be located in said town, and to sell, exchange or lease the same in any way whatsoever. Mayor and aldermen, powers of. SEC. 4. Be it further enacted by the authority aforesaid, That after the passage of this Act, an election shall be held in said town for the election of a mayor and aldermen after

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notice of the time and place of holding such election shall have been given in writing by posting the same at three public and conspicuous places within the corporate limits of said town, by any five citizens residing in said town at least fifteen days before the holding of such election, and that thereafter on the first Saturday in January, 1911, and on the first Saturday in each succeeding January thereafter 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 aldermen of said town after giving fifteen days notice in writing by posting the same at three or more public places in said town of the time and place of holding such election. Election of mayor and aldermen. SEC. 5. Be it further enacted by the authority aforesaid, That no person shall be eligible to vote or hold any office in said town of Alston, except that of marshal, who is not qualified to vote for members of the General Assembly of this State, and who have not resided in said town of Alston for at least three months next preceding the election at which he offers to vote. Voters and officeholders. SEC. 6. Be it further enacted by the authority aforesaid, That the returns of elections, held in the town of Alston for mayor and aldermen thereof, shall be made to the retiring mayor and aldermen of said town, and they shall declare the result of said election. In the event the office of mayor or aldermen, or any of the board of aldermen, shall become vacant by death, resignation, removal or other cause, the mayor shall appoint any suitable, fitted and proper person to serve out said unexpired term of alderman, and in case the office of mayor shall become vacant for any cause whatsoever, then a majority of the board of aldermen

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shall appoint some fitted and proper person to serve out the unexpired term, in which case the appointee to have the qualifications as provided by this Act. Election returns. Vacancies. SEC. 7. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their respective duties the said mayor and aldermen of the town of Alston shall subscribe to and take the following oath of office: I do solemnly swear that I will faithfully discharge all duties devolving upon me as mayor or alderman (as the case may be) of the town of Alston, in Montgomery county, Georgia, according to the best of my ability and understanding, so help me God, which oath may be administered by any person authorized by the laws of this State to administer oaths. Oath of mayor and aldermen. SEC. 8. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have power and authority to elect such marshal as they may deem necessary to preserve the peace of said town, and for collecting the revenues thereof; and they, the said mayor and aldermen, shall have power to elect such secretary and treasurer (from the board of aldermen) as they may deem proper, and all such subordinate officers as they may deem necessary for carrying out the provisions of this charter, and to prescribe the duties and compensation of such officers, and to require of them such bond for the faithful performance of their duties as said mayor and aldermen shall deem expedient and necessary. Election, duties and compensation of officers. SEC. 9. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have power to make and pass all such ordinances, by-laws, rules and regulations that they may deem necessary for the good order, peace, health and good government of said town, and for

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the enforcement of all powers herein granted, provided they are not in conflict with the Constitution of this State or of the United States. General powers. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have full and complete jurisdiction over all streets, alleys, lanes and sidewalks of said town; that they shall have the power to lay off, alter and abolish or establish any street, alley, lane or sidewalk in said town; and that they shall have the power to prescribe by ordinance how many days each person shall work on the streets each year, and may allow each person liable to work on said streets to pay in lieu thereof a commutation tax. Streets, etc. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power and authority to enforce the observance of their ordinances by fine, imprisonment in the guard-house or work on the streets of said town; but no fine shall be imposed for more than fifty dollars, and no person shall be forced to work on the streets of said town or imprisoned in the guard-house thereof for a longer period than thirty days. Ordinances, enforcement of. SEC. 12. Be it further enacted by the authority aforesaid, That the said mayor and aldermen of Alston shall have the right and power to elect from their body a mayor pro tem., 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. Mayor pro tem. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor of said town, and in the absence or disqualification of said mayor the mayor pro tem., shall be ex-officio

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a justice of the peace, and shall have authority to issue warrants for any offense committed within the corporate limits of said town of Alston, and shall have the authority to sit as a committing court to inquire into any offense committed within the corporate limits of said town, and shall have power and authority to bind over any offender to answer to the proper court in Montgomery county for the violation of any State law, and to assess the amount of and accept and approve a bond for the appearance of such offender to answer to the proper authority any charge preferred that is in violation of any of the laws of this State. Mayor's court. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the power to define a public nuisance, and to abate the same, and punish those maintaining the same. Nuisances. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town 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 the construction of buildings within the said fire limits of said town. Fire limits. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and aldermen 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 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; provided, that such ad valorem tax in no instance shall exceed five mills per annum. Advalorem tax.

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SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the power to tax all shows of every kind or character whatsoever, all auctioneers, slight of hand performers, gift enterprises and business, and to levy such other privilege, occupation or business tax as in their discretion may seem reasonable and just and proper for public uses and the support of the town government. Specific taxes. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the said town of Alston shall have the power and authority to provide by ordinance when the taxes of said town shall fall due; in what length of time said taxes shall be paid, when tax executions shall be issued against defaulters, and to fix a penalty for the non-payment of taxes when due. Collection of taxes. SEC. 19. Be it further enacted by the authority aforesaid, That the said mayor and aldermen of said town shall be exempt from street duty and street tax, 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 aldermen. The mayor's salary, if any be allowed, shall be fixed by the preceding mayor and aldermen, and the salary of such mayor shall not be increased or diminished during his term of office. Mayor's salary. SEC. 20. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 3, 1910.

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AMERICUS, CITY OF, CHARTER AMENDED. No. 548. An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the city of Americus, to confer additional powers upon the mayor and city council of Americus, to extend the corporate limits of said city, and for other purposes, approved November 11, 1889, so as to exclude from the corporate limits of said city of Americus that certain strip of land beginning at a point on the Western boundary of the right of way of the Central of Georgia Railway one hundred feet north of the center of Spring street at its intersection of said railway's right of way, extending south along the western boundary of said right of way two hundred feet, thence extending in a westerly direction along Spring street the uniform width of two hundred feet to the western boundary of said corporate limits. Each of said north and south lines of said excluded territory being one hundred feet from the center of said Spring street from said starting point to the Western boundary line of said corporation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act a bill entitled An Act to amend an Act, to revise, and consolidate the several Acts granting authority to the city of Americus, to confer powers upon the mayor and city council of Americus, to extend the corporate limits of said city and for other purposes, approved November 11, 1889, be, and the same is, hereby amended by excluding from the corporate limits of

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the city of Americus that certain strip of land two hundred feet wide beginning at a point on the western boundary of the right of way of the Central of Georgia Railway one hundred feet north of the center of Spring street at its intersection with said Central of Georgia Railway's right of way, extending south along the western boundary of said right of way two hundred feet, and thence in a westerly direction of the uniform width of two hundred feet along Spring street to the western boundary line of said corporate limits. Each of said north and south lines of the territory hereby excluded from the corporate limits of said city of Americus being one hundred feet from the center of said Spring street from said starting point at its intersection with the right of way of the Central of Georgia to the western boundary line of said corporation. Americus, city of, corporate limits. SEC. 2. Be it further enacted and it is hereby enacted by the authority of the same, That from and after the passage of this Act that certain strip of land described in Section one of this Act being two hundred feet wide and extending one hundred feet north and one hundred feet south from the center of Spring street the entire distance from the intersection of Spring street with the right of way of the Central of Georgia Railway to the western line of said corporate limits is hereby excluded from the corporate limits of said city of Americus. Land excluded from corporate limits. SEC. 3. Be it further enacted, and it is hereby 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 15, 1910.

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ARLINGTON, TOWN OF, CHARTER AMENDED. No. 368. An Act to amend an Act to provide a new charter incorporating the town of Arlington, in the counties of Calhoun and Early, and to repeal the present charter, and to grant certain powers and privileges to said town, and for other purposes, approved October 9th, 1891, said present Act providing amendments as follows: To change the time of the election of the mayor and aldermen of said town from the first Tuesday in September of each year to the first Tuesday in January of each year, to provide that the fiscal year of said town shall begin on the first Tuesday in January of each year, and end with the first Monday in January of each 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 the Act establishing the new charter for the town of Arlington, approved October 9th, 1891, be, and the same is hereby amended, as follows: That Section 2 of the said charter be amended so that the time for the election of the mayor and aldermen of said town of Arlington be changed from the 1st Tuesday in September of each year to the 1st Tuesday in January of each year. Arlington, town of, election of mayor and aldermen. SEC. 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act that the fiscal year of said town shall begin on the 1st Tuesday in January of each year (and end with the 1st Monday in January of each year) beginning with the 1st Tuesday in January, 1911. Fiscal year.

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SEC. 3. Be it further enacted by the authority aforesaid, That the term of the present mayor and aldermen of the town of Arlington, be, and the same is hereby extended from the 1st Tuesday in September, 1910, to the 1st Tuesday in January, 1911, and until their successors are elected and qualified. Terms of present mayor and aldermen. 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 5, 1910. ATLANTA, CITY OF, CHARTER AMENDED. No. 402. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, 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 following officers, to-wit: General manager of waterworks, city marshal, city comptroller, city warden, city electrician, building inspector, recorder and clerk of council shall hereafter be elected by vote of the people, and successors to the officers now filling said positions, each of which positions are hereby made chartered officers of said city, shall be elected by qualified voters of

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said city on the first Wednesday in December, preceding the expiration of the terms of said officers and, when so elected, each of said officers shall hold their positions for the term of two years, except recorder, whose term of office is hereby fixed for four years. Bi-annually, after the date of their first election, under the terms of this Act, their successor shall likewise be elected, except recorder, whose successor shall be elected four years after the date of his first election under this Act. The beginning of the terms of said several officers shall remain as now fixed, but the date of election shall be as herein provided. The mayor and general council shall have general supervision of said officials and, by majority vote of the entire council, may declare vacant the office of any of the officials of the city, elected by the people, for a failure to properly perform their duties, or for any other breach of duty, on their part, all to be adjudged in the discretion of the general council. When an office has been declared vacant, under this provision, the general council shall call an election to be held within sixty days thereafter, to fill such vacancy, and in the meantime the general council or the board having charge of the department, in which such officer serves, shall temporarily fill said vacancy. The duties of such officers shall be as now or hereafter prescribed by ordinance and, before entering upon the discharge thereof, they shall each take an oath, before some officer authorized to administer same, to faithfully perform the duties of their respective offices. Each and all of the provision of the present charter of the city of Atlanta providing for a different method of electing said officers, and especially Section 6 of an Act amending charter of the city of Atlanta, approved December 20th, 1899, making city clerk elective by general council, and Section 3, of an Act amending the charter of the city of Atlanta,

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approved August 3rd, 1904, striking the offices of marshal and comptroller from the provisions of the charter of the city of Atlanta making them elective by the people, are hereby repealed, and, furthermore, the words the mayor and general council may, in their discretion, at the time the treasurer is elected, elect a recorder, are hereby stricken from Section 141 of the Act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and in lieu thereof the following is hereby enacted, the qualified voters of said city shall elect a recorder, and this language shall be inserted in lieu of the words stricken, as herein provided. Atlanta, city of, election and terms of certain officers. Officers removable for cause. Vacancies. Oath SEC. 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed: Approved August 10, 1910. ATLANTA, CITY OF, CHARTER AMENDED. No. 449. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, 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. Power and authority is hereby given the mayor and general council of the city of Atlanta, in addition to assessing the cost for the construction of sewers in streets

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upon abutting property owners, as now provided, to assess and collect from abutting property owners the cost of extending such sewers, for purposes of connection, to the property line, at the time such sewers are laid. The cost of such extensions shall be added to the cost of the construction of the sewer, as now provided by the charter of said city, and the total cost thereof shall be assessed against such abutting property owners and collected in the same manner as is now provided for the collection of sewer assessments against abutting property owners by the charter of said city. Atlanta, city of, assessments for sewers. SEC. 2. Power and authority is hereby given the mayor and general council of the city of Atlanta to close Bellwood Avenue where same crosses the railroad in the city of Atlanta, at what is now known as Bellwood crossing, and for a distance of two hundred feet on each side of the approach to said crossing, or so much of said two hundred feet as may be deemed advisable in order to adjust said crossing to the proposed viaduct to be built over the railroads at Bellwood crossing or diverting same to Boss avenue and the approaches thereto on either side. When said mayor and general council shall ordain the closing of so much of Bellwood avenue, as is herein provided, said portion of said avenue shall thereupon cease to be a public street for any purposes. Bellwood avenue closed. SEC. 3. That the provision of the charter of the city of Atlanta whereby aldermen are authorized to succeed themselves as councilmen but are ineligible to succeed themselves in the position of aldermen, are hereby further extended so that an alderman shall hereafter be eligible to succeed himself in the position of alderman for one term, and that the continuous service, under this amendment, be limited to six years, and an alderman succeeding himself in the position of alderman shall be ineligible at the end of such continuous

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service for either the position of councilman or alderman; provided, that after the interval of one year those who have filled such offices are eligible for said positions with the usual rights of successorship. Aldermen and councilmen, service of. SEC. 4. That the amendment to the Act establishing a new charter for the city of Atlanta, which amendment was approved on August 2, 1909, be itself amended by striking the words one in charge of the stockade in the last line of Section 3 of said amendment, and hereafter the stockade or city prison, together with the employees and grounds thereof, the prisoners and the guards, teams and all other appurtenances thereof, shall be under the direct control of the mayor and general council and such committee as it may see fit to put in charge thereof and, in addition to the ordinances passed by the mayor and general council, the committee in charge of the city prison and grounds, as above stated, shall have further authority to create and enforce such rules as they may deem advisable for the control of the convicts, employees and grounds at the city prison or stockade. Control of stockade. SEC. 5. That the marshal or police officer of the town of Battle Hill at the time said town was incorporated within the limits of the city of Atlanta and the charter of Battle Hill repealed, is hereby made a part and member of the department of police of the city of Atlanta on and after the approval of this Act, at the same pay as the other patrolmen of said department and he shall not be required to stand an examination or otherwise conform to the rules, ordinances or charter provisions governing eligibility or membership in said department, and shall be credited with the years of service heretofore rendered the town of Battle Hill as if rendered to the city of Atlanta, and shall receive such

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honors, positions, pensions and other privileges attending long service, same being based on his former service in the town of Battle Hill, provided, that said officer shall be subject to all laws now in force or which may hereafter be enacted with reference to the department of police of the city of Atlanta, and to all rules and regulations of said department, except as herein provided. Marshal of Battle Hill. SEC. 6. That the mayor and general council of the city of Atlanta are hereby given authority to close and vacate a short unnamed street north of the main campus of the school of Technology. Said street being indicated on the plat of the Peters Land Company as beginning at the projection of Fowler street, which abutts the northern limits of said campus and as running from above point due west to Cherry street, a distance of five hundred with a width of fifty feet. Upon the adoption of an ordinance carrying out the terms of this amendment, said unnamed street shall thereupon cease to be a public street or road for any purpose. Close of an unnamed street. SEC. 7. That the mayor and general council are hereby empowered and authorized to establish and maintain a system of pensions as follows: (a) All policemen, firemen, teachers and other city employees, who may hereafter become disabled by reason of any personal injury received in the line of their employment and in the legal discharge of their duty, so as to render them unable to perform service may during the continuance of such disability be retired upon one-half of the salary, payable monthly, that such employee received at the time of such injury, subject to the examination and recommendations of the city health officer, approval of the mayor and adoption or rejection thereof by the general council as provided in sub-section (d) of this amendment. (b) That all policemen, firemen, teachers and

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other city employees who, after twenty years continuous service in the employment of the city of Atlanta, may become disabled by reason of ill health so as to render them unable to perform service and who in their own name or whose wife or husband, living with her or him, as the case may be, do not own property of the value of ten thousand dollars, may be relieved of duty and retired for a period of one year at a time, upon one-half of the salary, payable monthly, which such employees receive at the time of such injury, upon the examination and recommendation of the city health officer, the approval of the mayor and the adoption or rejection thereof by the general council, as provided in sub-section (d) of this amendment. (e) That all policemen, firemen, teachers and other city employees who have performed twenty years continuous service in the employment of the city of Atlanta, and who have reached the age of sixty years and who, in their own name or whose wife or husband, living with him or her, do not own property of the value of ten thousand dollars, may be relieved of duty and retired for the remainder of their natural lives upon one-half the salary, payable monthly, that such employees received at the time of such retirement, upon the recommendation of the heads of their respective departments, the approval by the mayor and the adoption or rejection thereof by the general council as provided in sub-section (d) of this amendment. (d) No retirement, as above provided, shall be effectual or legal unless the following precedent conditions are made: First, an examination of such officers and employees by the city health officer and his recommendation that such officer or employee be retired. Second, in case of officers or employees coming under sub-section (c) of this amendment, the head of the department in which such officer or employee sought to be retired is employed, recommends

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that they be relieved of duty and retired. Third, the recommendations for retirement, herein provided for, shall if the foregoing requirements are complied with, be filed with the mayor of the city and he shall thereupon consider each recommendation separately and fix a time for passing upon same, giving notice to the person so recommended and giving the head of the department like notice, in which such applicant has been employed, and, at such time he shall proceed to hear evidence thereon as to all the facts set forth in the application and as to any other facts suggested by either himself or the head of the department so served, and, if in his opinion the person so recommended should be retired, as herein provided, he shall approve such recommendation and submit same together with the recommendations therefor, all other papers and facts connected therewith and a copy of the evidence taken, as herein provided, to the next meeting of the general council and at such meeting or at such other meeting as the general council may decide, the approval of the mayor shall be adopted or rejected, and such action, by the general council, shall be final. (e) The recommendations for retirement, as herein provided for, shall contain a statement of all facts relating to service, age, physical and financial condition of the officer or employee sought to be retired, and a full and complete statement of the reasons for retirement. No payment of pensions paid hereunder shall exceed the sum of fifty dollars per month. System of pensions. SEC. 8. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910.

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ATWATER, TOWN OF, CHARTER REPEALED. No.338. An Act to repeal an Act incorporating the town of Atwater, in the county of Upson, approved December 17th, 1902. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Act incorporating the town of Atwater, in the county of Upson, approved December 17th, 1902, be, and the same is hereby repealed. Atwater, town of, charter repealed. SEC. 2. Be it further enacted by authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 3, 1910. AUSTELL, TOWN OF, CHARTER AMENDED. No. 420. An Act to amend an Act amendatory of an Act incorporating the town of Austell, in Cobb county, Georgia, by striking from Section 20, line 3, the words one-fourth of a mile in every direction, and substituting therefor the words to the limits of said town, and by striking in line 7 of Section 20, the words one-third and inserting in lieu thereof the words one-half, and to further amend by striking all the remainder of said Section following the word Section in the 24th line of said Section 20 and adding thereto the following: and to have

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the power and authority to order work done when in their judgment it is necessary without a petition from the abutting property owners. 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 of the General Assembly Acts of 1905 p. incorporating the town of Austell, in Cobb county, Georgia be, and the same is hereby amended by striking from Section 20, line 3, the words one-fourth of a mile in every direction, and substituting therefor the words to the limits of said town and by striking in line 7 of Section 20 the words one-third and inserting in lieu thereof the words one-half, and by striking all of the remainder of said Section after the word Section in the 24th line of said Section 20 and adding in lieu thereof the following; and to have the power and authority to order work done when in their judgment it is necessary, without a petition from the abutting property owners, so that said Section 20 when so amended shall read as follows: Be it further enacted, That said town of Austell is hereby authorized and empowered to improve, pave and cover the streets and sidewalks of said town to the town limits in every direction from said depot of the Southern Railway Company, in said town, with rock, brick, asphalt or such other material as in the judgment of the mayor and council is most economical and durable, and to have authority by this Act to tax one-half of the cost of paving, improving and laying such streets and sidewalks with stone, asphalt, or other suitable material against the abutting land owners respectively, to be determined by the number of feet that each landowner's property borders on each respective street and sidewalk; and be it further enacted by the authority aforesaid, That said municipality shall have the power to

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collect said amount of tax against each land owner by issuing a fi fa and enforcing the same by levying sale if necessary. Be it further enacted, That said municipality shall have the right by the authority aforesaid to levy and collect a tax not to exceed one-half of the cost of the streets so used from each and every street railway or electric railway company that may occupy any portion of the street of said town so covered or improved; said amount to be determined by the lineal number of feet said car line may run along any one of said streets, and said municipality shall have the power and right to enforce the collection of said tax as above set out in this Section; and to have the power and authority to order work done when in their judgment it is necessary without a petition from the abutting property owners. But this authority to increase the rate of taxation given by this amendment shall not be of effect and go into force until the same shall have been ratified by a two-thirds majority of all the registered voters within the corporate limits of said town at an election held for this purpose, which election may be called at any time by the mayor and council or a majority of them, of which election notice shall be given in the newspaper of said county in which the sheriff publishes his legal advertisement once a week for four weeks prior to said election. Austell, town of. Street improvements. Apportionment of cost. 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 12, 1910.

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AVALON, TOWN OF, CHARTER AMENDED. No. 490. An Act to amend the charter of the town of Avalon so as to change time of the election of town officers; to change the town limits of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That an Act to incorporate the town of Avalon, in the county of Stephens, and for other purposes, approved August 9th, 1909, Acts of 1909, page 562, be, and the same is hereby amended by striking Section 2 of said Act, and inserting in lieu thereof the following: Section 2. Be it further enacted, That the corporate limits of said town shall extend three-fourths of a mile (except as herein set out) in every direction from the center of the Elberton Southern Railway depot as now located at Avalon; but on the south where such three-fourths mile boundary would overlap the corporate limits of the town of Martin, the corporate limits of the town of Avalon shall be the corporate limits of the town of Martin as the corporate limits of the town of Martin are now prescribed by law. Avalon, town of. Corporate limits. SEC. 2. Be it further enacted, That said Act be, and the same is hereby amended further by striking from the same, Section 3, and inserting in lieu thereof the following: Section 3. Be it further enacted, That said town shall be officered and its corporate affairs directed and controlled by a mayor and five councilmen, whose terms of office shall be two years, and who shall serve until their successors are elected and qualified, 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

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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 shall be on the first Wednesday in December, 1910, and regular elections for officers of said town shall be held on the first Wednesday in December each two years thereafterwards. Said elections shall be held and conducted as are elections for members of the General Assembly, except that the polls shall open at ten o'clock a. m. and close at three o'clock p. m. The election managers shall declare the result of the election, and the officers elected shall at once enter upon the discharge of their duties. Mayor and councilmen, election and terms of office. SEC. 3. All laws in conflict with this Act are hereby repealed. Approved August 13, 1910. BACONTON, TOWN OF, NEW CHARTER. No. 493. An Act to create and establish a new charter for the town of Baconton; to declare the rights, powers, and privileges of said corporation, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: SECTION 1. Polity. That, from and after the passage of this Act, the inhabitants of the territory now embraced in the town of Baconton, in the county of Mitchell, and within the limits of said town as hereinafter stated, be and they are hereby continued incorporated under the name and

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style of Town of Baconton, a body corporate with power to govern themselves by such ordinances, resolutions, regulations and by-laws, for municipal purposes, adopted under the provisions of this charter, not in conflict with the Constitution and laws of this State or of the United States, as they may deem proper, with power in said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all courts, and to do all other things necessary to promote the municipal corporate purposes of the town; and shall be able in law to purchase, hold and receive, enjoy, retain, manage and dispose of, for the use and benefit of said town of Baconton, any interest in any real or personal property of whatever kind or description, within or without the corporate limits of said town, to hold all property and effects now belonging to said town, either in its name or in the name of others, for its use, for the purpose and intents for which the same were granted or dedicated; in like manner to manage, use and improve, sell and convey, rent or lease, and otherwise manage and dispose of all property hereafter acquired. Baconton, town of, corporate powers. SEC. 2. That the corporate limits of said town shall be included within the following boundaries, to-wit: Commencing at the southeast corner of lot of land No. one hundred and fifty-three (153), in the ninth (9th) District G. M., Mitchell county, run a line north on east line of said lot seven hundred and thirty (730) yards; thence west two hundred and thirty (230) yards to the town well; thence from said well run a line east one thousand (1000) yards, which shall be the beginning point of the corporate limits; from this beginning point, run a line south one thousand (1000) yards; thence west two thousand (2000) yards; thence north two thousand (2000) yards; thence east two thousand (2000) yards; thence south one thousand (1000)

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yards back to said beginning point; said town being included in a square whose sides are two thousand (2000) yards each, and of which square the town well is the center. Corporate limits. SEC. 3. That the municipal government of said town shall consist of a mayor and five (5) members of council, elected from the town at large, and such other officers, servants, and agents not hereinafter enumerated, as said mayor and council may from time to time lawfully employ or elect. Mayor and councilmen. SEC. 4. That J. R. Pinson be, and he is hereby appointed mayor of said town, and R. P. Jackson, T. J. Glausier, L. C. Fleming, H. W. Jackson, and Thomas Duck be, and they are, hereby appointed councilmen, and they are hereby empowered and authorized to act as such mayor and council and to exercise all powers and privileges herein conferred, for the respective terms for which they were heretofore elected, and until their successors have been elected and qualified as hereinafter provided. Now in office. SEC. 5. The mayor and council shall be the supreme governing body exercising all the powers herein conferred upon said town and not otherwise specifically delegated, and shall have the power to pass and adopt any and all ordinances or resolutions that they may deem requisite and proper to the peace, security, welfare, health, good government and convenience of said town, and to prescribe punishment for the violation of same in a fine not to exceed $100.00 or imprisonment in the guard house, town prison, or other place provided, or by compulsory labor on the streets or other public works, or town chaingang not to exceed 30 days, and either one or more of said punishments may be prescribed, or the several punishments made cumulative, or the fine may be imposed with the alternative of such imprisonment

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or compulsory labors, and the fine imposed may be coerced or enforced by such imprisonment or labor. Said council shall have power to erect and maintain suitable guard-houses, town prisons or work-houses, for the confinement and detention of persons arrested and convicted for the violation of the town ordinance. General walfare. SEC. 6. Election for mayor and members of council shall be by vote of the people and shall be held, under the election regulations hereinafter prescribed, on the second Tuesday in May of each year. Their terms of office shall begin on the following Tuesday and shall continue for two years and until their successors are elected and qualified. The first election hereunder shall be held on the second Tuesday in May, 1911, under the provisions for elections hereinafter set out, and at said election there shall be elected three councilmen to succeed R. P. Jackson, H. W. Jackson and Thomas Duck hereinbefore appointed until that time and until their successors are elected and qualified; and at the next election thereafter, to-wit on the second Monday in May, 1912, there shall be elected a mayor to succeed the present mayor, J. R. Pinson, and two councilmen to succeed T. J. Glausier and L. C. Fleming, hereinbefore appointed to their respective offices until that time and until their successors are elected and qualified, thus securing a rotation in office so that the full membership of said body may not be completely changed at one election. Mayor and councilmen, election and term of office. SEC. 7. The mayor and council shall on the third Tuesday in each year elect one of the members of council as mayor pro tem., who shall, in case of the absence or disability of the mayor from any cause, or in case of a vacancy in said office, be clothed with all the powers and fulfill all the

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duties of the same, and shall receive such compensation as the mayor and council may by ordinance prescribe. Mayor pro tem. SEC. 8. That in the event the office of mayor or any one or more of the members of council shall become vacant by death, resignation, removal or otherwise, the same shall be filled until the next annual election by such person as may be elected by ballot by the council, and such person so elected shall hold office until their successors are duly elected and qualified. Vacancies. SEC. 9. The mayor shall be the presiding officer of the council and shall only vote in case of a tie, in which case he shall cast the deciding vote. In addition to this the mayor shall be the supreme executive officer of the town government, and shall see to it that all laws, ordinances and resolutions are properly executed; he shall see that the officers of the town properly perform their duties and shall in all cases exercise a general supervision of the town officers, making such recommendations to the council from time to time may to him seem proper for the public good. Mayor, powers and duties. SEC. 10. Said mayor and council shall have power to punish by execution and attachments for contempt, in all cases of contempt before and of the mayor and council, in a penalty not to exceed $50.00, or confinement in the guard-house not exceeding 30 days, and either or both of said punishments may be imposed, within the limits prescribed, in their discretion, and they shall have power to impose, within the limits prescribed, a fine with an alternative of imprisonment, or to coerce the payment of the fine by imprisonment. They are hereby empowered in this connection to pass all ordinances deemed proper in the premises; they shall have power to establish parliamentary rules for the orderly conduct

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of business, and shall, before entering upon the discharge of their duties, take and subscribe before some officer authorized by law to administer same, the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as mayor (or councilman) of the town of Baconton, during my continuance in office; that I will, to the utmost of my skill and ability, promote the interest and prosperity of said town; that I will not wilfully or knowingly use or be the cause of using tyrannical means towards any citizen or portion of citizens thereof, so help me God. Powers of mayor and council. Oath. SEC. 11. The mayor and members of council shall receive such compensation as they may by ordinance prescribe. Compensation. SEC. 12. The mayor and council shall have power to provide by ordinance for the impeachment and trial of any member of said body who, upon conviction of malpractice in office, or of any wilful neglect or abuse of the powers and duties of same, shall by a two-thirds vote of the whole body, be dismissed from office. Malpractice, etc. SEC. 13. The following municipal officers shall be elected by the mayor and council on the third Tuesday in May of each year, and shall hold their offices for a term of one year and until their successors are elected and qualified, to-wit: A clerk and treasurer, who may be a member of council, a marshal, a town attorney, and a town physician, all of whom shall receive such compensation as the mayor and council may by ordinance prescribe, and each of whom, in addition to the duties prescribed in this charter, shall perform such other duties as may be required by ordinance of said town. Said mayor and council are hereby authorized and they may create such offices in addition to those herein set out, and

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elect such officers to fill them as they may in their discretion deem necessary, and may prescribe the duties of said additional officers and their compensation under such regulations as they may ordain. Any vacancy occurring in the offices enumerated herein, an election to fill the unexpired term shall be held by mayor and council in not more than 15 days thereafter, and the officers mentioned in this Section shall at all times be subject to the jurisdiction of the mayor and council and amenable to their discipline. Said mayor and council shall have the power to suspend, fine or remove any of said officers, by a majority vote of the whole body, for any cause that may seem just and proper, after a fair opportunity granted to the accused to be heard. They shall be required to take such oath to properly perform their duty, and to give such bond to secure and indemnify the town for any loss by reason of their default, as the mayor and council may by ordinance prescribe. Municipal officers. SEC. 14. Any one who has attained the age of 21 years and is a qualified voter in the town of Baconton, shall be eligible to any municipal office. Eligibility. SEC. 15. That three of the councilmen shall constitute a quorum of the mayor and council for the transaction of all business. Quorum of council. SEC. 16. All elections, general or special, held in said town shall be between the hours of 7 o'clock in the morning and 5 o'clock in the afternoon, by three managers, whom the mayor and council will authorize and designate. Any citizen of said town qualified to vote for members of the General Assembly of the State of Georgia, shall be eligible to act as managers in such town elections. Said managers before entering upon their duties shall take and subscribe

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the following oath before some officer duly authorized by law to administer oaths, to-wit: We swear that we will honestly and lawfully manage this day's election and make a true return thereof; we will not knowingly permit any one to vote unless we believe he is lawfully entitled to do so, or knowingly prohibit any one from voting who is so entitled by law, and will not divulge for whom or what question any vote was cast unless called on by lawful authority so to do. Said managers shall appoint two clerks, who shall keep two lists of names of the voters, which names shall be numbered in the order of their voting, and said clerks shall also keep two tally sheets. (1) The vote shall be given by ballot and secretly. As each ballot is received, the number of the voter on the list shall be marked on the ballot before said ballot is deposited. (2) When any voter is challenged, the fact shall be so written opposite his name on the list and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States, and of the State of Georgia; that I have attained the age of twenty-one years, have resided in the State one year, in the county of Mitchell six months, and in the town of Baconton three months next preceding this election; that I have paid all taxes which since the adoption of the present Constitution of this State have been required of me, and which I have had an opportunity to pay agreeable to the law, except for the year in which this election is held, and I have not voted before at this election, so help me God. Any voter who shall refuse to take the foregoing oath when challenged shall have his vote rejected. (3) When the votes are all counted out, there must be a certificate signed by all the managers stating the number of votes each person or question voted for received, and each list of voters and each tally sheet shall be signed

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by the managers. (4) The oath of the managers, together with their certificate, one tally sheet and one list of voters, shall be securely sealed in an envelope with the names of the managers endorsed thereon and delivered to the clerk of the council, who shall keep the same safely and have it at the next meeting of the mayor and council; the other tally sheet and list of voters and the ballots shall be sealed up in the ballot box with the names of the managers written across the seal, which said box and its contents shall be delivered to the mayor and council and by them kept until called for by lawful authority, and if not called for, or there is no contest of the election within 60 days after the election, the contents of said box shall be destroyed without examination. Said mayor and council shall, at a called meeting within five days after the election, receive the returns from the clerk and declare the result of said election in accordance with the certificate of the managers, and the manager's certificate shall be spread upon the minutes of the council; provided, that a failure to hold such meeting and declare such results shall not prevent the persons elected from qualifying and taking office in the manner and at the time provided. Elections, how held. SEC. 17. All persons qualified to vote for members of the General Assembly in Mitchell county, who shall have paid all taxes legally imposed and demanded by the town authorities, including street tax, except for the year in which the election occurs, and who shall have resided three months within said town and shall have registered as hereinafter provided, shall be qualified to vote at any town election. Voters. SEC. 18. The clerk of council, or, in case of his sickness or absence, any officer or employee of the town duly

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appointed by the mayor and council for that purpose, shall open at the council chambers, or at such other place as may be designated by the mayor and council, forty days prior to each election, a list for the registration of voters, which list shall be kept open from 8 o'clock a. m. until 12 o'clock m. and from 2 o'clock p. m. until 5 o'clock p. m. each and every day, Sunday excepted, for a space of thirty days, when it shall be finally and absolutely closed at 5 o'clock p. m. on the thirtieth day. Upon application in person, the clerk or other registering officer shall enter upon said registration list the names, ages and occupation of such persons entitled to register, as shall furnish him satisfactory evidence of their qualification, said names being arranged alphabetically on said list, the white and colored voters being kept separately. The registering officer shall be the judge of the qualifications of those offering to register, with the right of appeal, within five days, by the applicant for registration to the mayor and council, who shall hear and determine said appeal within three days, and whose decision shall be final; and the registrar may in his discretion administer to the applicant the following oath: I swear that I am 21 years of age, or will be at the time of the election, and am qualified by citizenship, residence and payment of taxes to vote for members of the General Assembly in Mitchell county. That I will have resided in the town of Baconton for six months next preceding the date of said election; I have paid all taxes which have been required of me by the town of Baconton, and which I have had an opportunity to pay agreeable to law since the adoption of the present Constitution, except for the year of said election, so help me God. Where said applicants are so sworn, a note of the same shall be entered opposite their names on said lists. The clerk shall furnish the managers of any town election,

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prior to the opening of the polls, a certified copy of the registration list, arranged alphabetically, white and colored being arranged separately. This shall be the only official registration list and shall be returned to the clerk after the election and by him safely kept and preserved, and no person whose name does not appear on said list shall be allowed to vote. Registration of voters. SEC. 19. That 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 town of Baconton, and are included in this charter in like manner as if set out in detail herein, except so far as they may be inconsistent or conflict with what is herein otherwise enacted, to-wit: Sections 692, 696, 697, 698, 699, 701, 702, 703, 704, 705, 707, 708, 709, 712, 714, 715, 716, 717, 718, 732, 733, 734, 735, 736, 740, 741, 742, 744, 755. General law. SEC. 20. The town of Baconton shall have power to tax, license and regulate hotels, boarding houses, livery stables, means of public transportation, billiard rooms, saloons, poolrooms, ten-pin alleys, shows, exhibitions, drays, markets, dealers in fish and oysters, and beef markets; they may impose special taxes upon any and all occupations and businesses, 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 and telephone companies, or the agents of any of them, but this enumeration shall not be construed as excluding any other occupation or business from the taxing power of said town. They may put, levy, assess and collect an ad valorem tax, not exceeding the Constitutional rate, on all property in said town. The taxing power of said town, for the assessment,

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levy and collection and enforcement of the payment thereof, shall be as general, full and complete as that of the State itself. All executions for taxes or otherwise may be issued by the clerk and treasurer and bear test in the name of the mayor. Taxation. SEC. 21. That whenever property is sold for taxes due said town, the recitals in the tax deed thereunder shall be evidence of the facts therein recited, in any court of this State, and shall be taken as prima facie true. Tax deeds. SEC. 22. There shall be and there is hereby established, a police court in and for said town of Baconton, to be held at any place in said town or at any time, except Sunday, as the mayor and council may prescribe, with jurisdiction to try and punish all persons violating the penal ordinances of said town within the corporate limits. The procedure in said court with reference to the conduct and trial of cases therein, not in conflict with this Section or charter, shall be prescribed by the mayor and council, or by rule or order of the presiding officer therein. The mayor, or in his absence for any cause, the mayor pro tem., or in his absence for any cause, any member of council shall hold said court and preside therein, under such regulations as the mayor and council may adopt. Said court shall have authority to punish persons convicted therein of violating the penal ordinances of said town, in a fine not to exceed $100.00, or imprisonment in the guard-house, town prison or other place provided, or by compulsory labors on the streets or other public works, or town chain-gang, not to exceed 30 days; and either one or more of said punishments may be imposed, or the several punishments made cumulative, or the fine may be imposed, with the alternative of such imprisonment, or compulsory labors, or coerced or enforced by such imprisonment or

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labors; provided, that the punishments within the limitations prescribed shall only be imposed by said court in the amount and manner prescribed by the penal ordinances of said town, and in the event no penalty is provided for the doing of which is made unlawful by ordinance, the court shall have power to proceed to impose the punishments as herein enumerated. Contempt of said court may be punished by a fine not to exceed $25.00, or imprisonment in the guard-house or other place provided, not exceeding 30 days, and the payment of said fine may be coerced by such imprisonment. Said court shall have the power to compel attendance and testimony of witnesses subp[oelig]naed, and such witnesses shall be subp[oelig]naed in writing and shall be signed by the marshal or any member of the police force and bear test in the name of the mayor. Disobedience of any such subp[oelig]na shall be punished as in cases of contempt of court, and in all matters of procedure in said court relative to the disobedience of subp[oelig]nas not in conflict herewith, or with the law, State or Federal, may be prescribed by rule or ordinance of the mayor and council. There shall be kept in said court one or more dockets, upon which shall be entered each case tried in said court, showing the name of the defendant and the witnesses summoned in each case, and the final disposition thereof. The presiding officer's finding in each case shall be entered thereon and signed, and the same shall constitute the judgment of the court and shall be authority to the marshal or any policeman of said town to enforce its directions. All persons arrested for the violation of any ordinance of said town, whether under warrant or not, shall be summoned to appear before said court for trial, which summons shall be in writing, signed by the mayor, marshal, or any members of the police force, and shall specify the time and date of trial and contain a brief and succinct

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statement of the offense charged, and shall be served on the defendant at least one day before the date set for trial; provided, that in cases of contempt, no summons shall be necessary. Police court. SEC. 23. That the said town of Baconton, through its mayor and council, may appoint, in addition to the marshal, such number of policemen for such term of office and for such compensation as the said mayor and council may deem necessary and reasonable. Any process, summons, notice, execution, warrant or other papers required to be served by the charter or ordinances of said town shall be directed to the marshal, and in the event of any other policeman, then in the alternative to them, and shall be served by them, and said marshal or other policemen of said town shall have power, and it shall be their duty to make all arrests in said town and arrest for municipal offenses, without a warrant, and whether such offenses were committed in the presence of said marshal or policeman or not. The duties of said marshal and [Illegible Text] of said town, and the rules and regulations governing their conduct, shall be such as the mayor and council may prescribe, and they shall give such bond, in such amount and under such conditions, as said mayor and council may prescribe. Marshal and policemen. SEC. 24. Said town shall have power and authority, by and through its mayor and council, to establish a chaingang to be composed of persons convicted in the police court of said town and sentenced to service thereon, for the purpose of working on the streets of said town, or other public works of said town, and to pass and adopt all needful rules and regulations as may be necessary and expedient in connection therewith. Chaingang.

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SEC. 25. That said town shall have the power to regulate the width, location and grade of all streets, alleys, sidewalks or ways within the town and shall have the further powers to locate, open and lay off new streets, alleys or ways within the town; to alter in any manner, to close and vacate and to prohibit any one from opening and laying off any new streets, alley or way without the consent of the mayor and council. For the purpose of opening and laying off any new streets, alley or way, or extending, widening or altering in any manner any of the streets, alleys or ways of said town, the town of Baconton is hereby authorized and empowered to condemn any property and take the same for such use, and to pay damages to the owner or owners of the same incident to said condemnation; in so doing said town shall proceed in condemning property for the purposes mentioned, under the terms and provisions as are now or may hereafter be provided by the law of the State in such cases. The fact that the property needed by said town for such purposes may be owned by a railroad or other quasi public corporation shall be no bar to the exercise of the right of condemnation hereby conferred. Streets, etc. SEC. 26. The said town shall be authorized to own and maintain a system of waterworks, gas works, electric lights or other light plant, sewerage and other utilities of like nature, and they may by ordinance prescribe and enforce all needful regulations in respect to them or either of them; the town shall have authority to own, control and regulate cemeteries in said town, and to make all needful regulations respecting the same. Water, light and sewerage. SEC. 27. The mayor and council shall have authority to establish, maintain and enforce quarantine regulations, and to pass all needful ordinances in respect thereto. Quarantine.

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SEC. 28. That it shall not be in the power of said mayor and council to grant license to sell, nor shall any malt, spirituous or intoxicating liquors be sold within the corporate limits of said town, after the passage of this Act, or any person or public or private corporation violating this Section of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in Section 1039, Volume 3, of the Code of Georgia of 1895. Sale of liquors. SEC. 29. The mayor and council may adopt a code of ordinances and resolutions, and shall have authority to maintain and repeal the same, or any part of the same. Ordinances, etc. SEC. 30. The enumeration of power contained in this Act shall not be considered as restrictive, but the town of Baconton and its municipal authorities may exercise all powers, rights and jurisdictions as they might if such enumeration were not made. The mayor and council may pass all laws or ordinances, rules and regulations they may deem needful and proper for the general welfare of said town, and where, under this charter, rights are considered or powers granted, but the manner of exercising them is not fully prescribed, the mayor and council 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 of the laws of the State. Corporate rights and powers. SEC. 31. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 13, 1910.

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BARWICK, TOWN OF, CHARTER AMENDED. No. 487. An Act to repeal an Act to amend an Act entitled An Act to incorporate the town of Barwick, Brooks and Thomas counties, Georgia; to define the corporate limits of said town; to confer upon the mayor and councilmen of said town certain rights, powers, privileges and duties, and for other purposes, approved August 17, 1903, so as to change the corporate limits of said town from one-half mile in radius from the depot of the Georgia Northern Railway Company, to three-quarters of a mile, north, east, south and west from said depot, thus making the corporate limits of said town one and one-half miles square instead of one-half mile in radius from said depot, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the above recited Act be, and the same is, hereby repealed. Barwick, town of, corporate limits. SEC. 2. Be it further enacted, That all conflicting laws are hereby repealed. Approved August 13, 1910. BERLIN, TOWN OF, INCORPORATED. No. 532. An Act to incorporate the town of Berlin, in the county of Colquitt, State of Georgia; to prescribe and define its corporate limits; to provide for the election of a mayor and aldermen of said town; to prescribe their duties,

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powers, qualifications, and manner of their election; to provide for the government of said town of Berlin, 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 Berlin, in the county of Colquitt, State of Georgia, be, and the same is, hereby incorporated under the name and style of the town of Berlin. Berlin, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of the town of Berlin shall be vested in a mayor and five aldermen, who shall be known as the mayor and aldermen of the town of Berlin, and by that name and style shall have perpetual succession, shall have and use a common seal, and under said name and style they shall be capable in law to have, hold and enjoy, both to themselves and their successors in office for the use of the town of Berlin and for corporate purposes, any and all real and personal property, of every nature, kind, character or description, either within or without the corporate limits of the town of Berlin, and under said name and style shall be capable of suing and being sued, pleading and be impleaded in any court of law or equity in the State, in the name of the town of Berlin. Corporate powers. SEC. 3. Be it further enacted, That the corporate limits of the town of Berlin shall be as follows: The original land lines of lot of land number four hundred and eighty-one (481) in the ninth (9th) land district of Colquitt county, Georgia, so that said town of Berlin shall embrace all of said lot of land four hundred and eighty-one (481), and will exactly coincide with lot of land above named in boundaries, territory and area, containing four hundred and

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ninety (490) acres of land, more or less, and making the town something less than a mile square. Corporate limits. SEC. 4. Be it further enacted, That the municipal government of said town shall be vested in a mayor and five aldermen, and such other officers as they may select. Julian E. Perry shall be mayor of said town of Berlin, and C. E. Davis, J. P. Homelton, Sam S. May, J. H. Strickland and B. N. Croft, shall be aldermen of said town of Berlin until their successors are chosen and selected as hereinafter provided. On the second Monday in January, 1912, and biennially thereafter, an election shall be held in the council chamber, or at some other place in the said town of Berlin previously selected by the mayor and aldermen, for the purpose of electing a mayor and two aldermen for the term of two years, and until their successors are elected and qualified, and on the second Monday in January, 1913, and biennially thereafter, there shall be likewise held an election for three aldermen, who shall likewise hold for the term of two years, and until their successors are elected and qualified. The officers so elected shall at the next regular meeting of the mayor and board of aldermen following said election, be sworn in by the mayor, or any other officer duly authorized by law to administer oaths. Said oath shall be taken and subscribed in the book of minutes in which are kept the proceedings of the town council, and said oath shall be as follows, to-wit: I do solemnly swear and affirm that to the best of my ability I will perform all the duties of mayor (or alderman as the case may be) in the town of Berlin for the term to which I have been elected, so help me God. Immediately on taking and subscribing this oath, they shall enter on the discharge of their respective duties, and if for any reason any of said officers are not so sworn

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in at that time, they may be sworn in at any subsequent time. Municipal government. Election of mayor and aldermen. oath SEC. 5. Julian E. Perry, as mayor, and C. E. Davis and J. P. Hamilton, as aldermen, shall hold office until their successors are elected at the election to be held on the second Monday in January, 1912; and the other aldermen, to-wit: Sam S. May, J. H. Strickland and B. N. Croft, shall hold office until their successors are elected at the election to be held on the second Monday in January, 1913, and qualified; provided, that at any time a vacancy occurs in the office of mayor and aldermen, by death or resignation or otherwise, the remaining aldermen and mayor, acting together, may select some qualified citizen of said town to fill such vacancy so occasioned until the next regular election, at which time there shall be elected his successor. Present officers. Vacancies. SEC. 6. Be it further enacted, That the mayor shall preside at all meetings of the council, and shall have all the power usually incident to mayors of towns; he shall be exofficio justice of the peace, and is hereby empowered to issue criminal warrants and try offenses for violation of the criminal laws in said town of Berlin; he shall have no vote on any question arising in the meetings of the council, unless there be a tie between the aldermen; in such case he shall be allowed to vote. The mayor and three aldermen, or four aldermen, shall constitute a quorum for the transaction of business, and a majority of those present shall be necessary to pass any ordinance or resolution. Mayor, powers of. SEC. 7. Be it further enacted, That the mayor and aldermen of said town of Berlin shall have full authority to elect such marshals, policemen, clerks or other subordinate officers as they may deem expedient, and at such salary as they

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may deem proper. Said mayor and board of aldermen shall have the right to suspend any subordinate officer for improper conduct, or failure to perform the functions of his office in a satisfactory manner. Said mayor and board of aldermen shall have the right to elect a marshal for the said town of Berlin, and provide him with such additional assistance as they may deem proper from time to time in order to enforce the laws and ordinances of said town. They shall have authority to fill vacancies that may occur in any of the subordinate offices at any time that may be created by them. Municipal officers. SEC. 8. Be it further enacted, That the elections to be held for mayor and aldermen as provided in this charter, shall be held as ordinary county elections are held, and all persons residing within the incorporate limits of said town, who are qualified to vote for representatives in the State Legislature, and who have resided in said town for not less than sixty days prior to such election; provided, they have paid all taxes legally required of them by said town, or its authorities. Elections, how held. SEC. 9. Be it further enacted, That the said mayor and aldermen shall have power to establish such police regulations and rules as they may deem proper and necessary to pass all laws and ordinances not in conflict with the Constitution and laws of the State of Georgia which tend to promote the safety, health, good order, morality, peace and general welfare of the inhabitants of said town. Police regulations. SEC. 10. Be it further enacted, That at the first meeting of said mayor and aldermen of the town of Berlin, or if not convenient then, at the next subsequent meeting, there shall be elected a mayor pro tem., who shall preside in the

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absence of the mayor of said town of Berlin. That the said mayor, or in his absence or disqualification the mayor pro tem., shall as often as may be necessary hold a police court, known as the mayor's court, for the trial of offenders against the laws and ordinances of the town. The mayor's court shall have full power and authority to force the attendants of ordinances, to punish for contempt, and upon conviction to sentence such offenders to imprisonment for a term not to exceed 50 days, or to labor upon the streets, or other public works of said town of Berlin not to exceed 60 days, or to impose a fine not to exceed $50.00. Either or all of said penalties may be imposed in the discretion of the court. Mayor's court. SEC. 11. Be it further enacted, That said mayor and aldermen shall have power to require each male citizen in said town between the ages of sixteen and fifty years to labor on the streets of said town (except those who may be exempt by the laws of this State), and to require them when notified to work on the streets of said town ten days in each year, or to pay in lieu of such labor a commutation tax of $3.00 per annum, which shall be in lieu of all street work. Commutation tax. SEC. 12. Be it further enacted, That said mayor and aldermen shall have power and authority to assess, levy and collect an ad valorem tax on all the property that is taxable, both real and personal, within the corporate limits of said town of Berlin, the said tax not to exceed five mills on the dollar for current annual expenses; that they shall have power and authority to tax, license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses, livery stables, drays, carts, hacks, carriages, buggies and other vehicles which are run for hire; they shall have power and authority to tax, license, regulate and control auctioneers,

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vendue masters, itinerant traders, theatrical performances, shows, circuses, and exhibitions of all kinds, itinerant lightning-rod dealers, immigrant agents, clock and stove peddlers, and peddlers of all kinds, itinerant dealers in jewelry, and all other traveling or itinerant venders of goods, wares, merchandise, liniments or nostrums, of any and every manner whatsoever; every kind of billiard, pool or bagatelle table kept for public use. Every keeper of shooting gallery, ten-pin alley, or any other stand, table or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivances. Upon the keeper of flying horses, bicycles, velocipedes or skating rinks, insurance agents, life and fire insurance companies, express agents, express companies, dealers in futures, loan agents, merchants, or agents for any other business or calling whatsoever; keepers of slaughter houses, beef markets and green groceries; upon every junk shop, pawn broker, and upon all other establishments, business, callings or vocations not heretofore mentioned, and which under the laws of Georgia are subject to a license or tax. Taxation. SEC. 13. Be it further enacted, That said Mayor and aldermen shall have full power and authority to elect a board of tax assessors for said town each year, they to receive such compensation as said mayor and aldermen shall in their judgment offer, and these assessors may be members of the board of aldermen or not, as the mayor and aldermen may select, or may deem proper. Tax Assessors. SEC. 14. Be it further enacted, That when said mayor or mayor pro tem holds a police court in the town of Berlin, they shall have power to set as a justice of the peace, and shall have the right to commit to the jail of Colquitt county, or admit to bail, (provided the offense be bailable) for any

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violations of the State laws, and the jailer of Colquitt county shall be authorized to receive all such persons so committed, and delivered to him by said authorities, the same as other prisoners committed to him. Powers of police court. SEC. 15. Be it further enacted, That said mayor and aldermen shall have power and authority to enforce by execution the collection of any amount due for license, fees, taxes and assessments of any kind for fines and forfeitures, and for any debt or demand due the town. Such execution to be issued in the name of the town of Berlin, and against the person, corporation or firm by whom any such debt may be due, and it shall be the duty of the marshal, or any policeman, to levy all executions in favor of the town, and after advertising for ten days, he shall sell the property levied upon at the place of holding the mayor's court of said town, unless the same shall be real estate, in which case the advertisement shall be for four full weeks, and said property shall then be sold by the sheriff of Colquitt county on the first Tuesday of the month, in front of the courthouse door in Moultrie, Georgia. The cost of advertising and selling this property to be first paid, and the taxes due to the town of Berlin to be then paid, and if anything should remain after said payments, then the balance remaining to be turned over to the owner of said property. Collection of taxes, etc. SEC. 16. Be it further enacted, That said mayor and aldermen shall have authority to establish such quarantine regulations as in their judgment shall seem proper and not inconsistent with the laws of this State, and of the United States, and they shall have ample power to enforce the same. Quarantine. SEC. 17. Be it further enacted, That the mayor and aldermen shall have full power and authority to require of

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all parties and witnesses, such bonds as may insure their appearance, and to pass all ordinances necessary to carry this ordinance into effect. They shall have the right to forfeit and collect said bonds, and in the same manner as bonds are now forfeited in the State courts, except that said forfeiture shall only be served by the marshal or policeman of said town on the defendant, if to be found, and if not to be found, then his security for ten days before judgment shall be finally intered against said defendant and his security for the collection of said bond. Appearance bonds. SEC. 18. Be it further enacted, That the said mayor and aldermen of the town of Berlin shall have full power and authority to organize a chaingang in said town, in which all offenders who fail to pay their fines shall be required to work for such time as in their judgment they may see proper, not in conflict with this charter, and if the said offender, sentenced to work in chaingang of said town, shall refuse to do so, then the person having charge of said chaingang may, under direct supervision of the mayor, administer to such convict corporal punishment sufficient to force said convict to work. Chaingang. SEC. 19. Be it further enacted, That the mayor and aldermen shall have the right to revoke at any time any license that may be granted by them under the provisions of this charter for the violation of laws and regulations granting same, or when it shall to them appear that it is to the best interest of the town to do so. Licenses revocable. SEC. 20. Be it further enacted, That the mayor and aldermen of the town of Berlin shall have the right to elect two citizens, one of whom shall be a physician in the actual practice of medicine and surgery, and each shall be a resident

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of said town of Berlin, and shall constitute a board of health, which board of health shall act under the direction and supervision, and in conjunction with said mayor and aldermen of the town of Berlin, for the preservation of the health and safety of the inhabitants of said town, and said mayor and aldermen shall have the right to carry out the recommendation of said board of health by proper ordinances, rules and regulations. Board of health. SEC. 21. Be it further enacted, That the mayor and aldermen shall have power and authority to establish a town market in the town of Berlin for the sale of and at which shall be sold all fresh meats, consisting of beef, pork, fish, oysters and all other articles of like character offered for sale by anyone in said town. Said mayor and aldermen shall have the power to prevent the sale of said articles at any other place, should they see fit to do so; they shall have the right to enforce this Section by prescribing penalties, provided, that nothing herein contained shall be construed to prevent the sale of such article by persons elsewhere in said town during such reasonable hours as the mayor and aldermen shall prescribe by ordinance. Market. SEC. 22. Be it further enacted, That it shall be unlawful for any person to have or keep for sale in the town of Berlin any alcoholic, spirituous, malt or intoxicating liquors, and the mayor and aldermen shall have the authority to pass such ordinances touching said matter as they may deem proper, that are not inconsistent with the laws of the State, or of the United States. Sale of liquors. SEC. 23. Be it further enacted, That said mayor and aldermen shall have power and authority to lay off, vacate, close, open or alter streets, sidewalks, lanes or alleys, and to

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cut, open and keep clean through all lots, all necessary ditches and drains and to punish for injuries done to same. Streets, etc. SEC. 24. Be it further enacted, That it shall be the duty of marshals or policemen of said town of Berlin to prosecute all offenders against the laws of the State within the limits of said town. It shall also be his duty to arrest, or cause to be arrested, all disorderly persons, or persons committing or attempting to commit any crime, and to commit them to the guard house, or some other place of confinement to await trial. It shall be his duty to execute all processes and orders of the mayor and aldermen, and to discharge any other duties imposed upon him by the laws or ordinances, rules and regulations of the town of Berlin. Arrests, etc. SEC. 25. Be it further enacted, That at the first meeting of the mayor and board of aldermen of the town of Berlin, they shall fix their salaries at such sums as they may deem proper and expedient, which shall neither be increased nor diminished during their term of office; and thereafter, the retiring mayor and board of aldermen shall fix the salaries of the incoming mayor and board of aldermen, which shall neither be increased nor diminished nor changed by them during their term of office. Salaries. SEC. 26. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910.

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BOWDEN, TOWN OF, NEW CHARTER. No. 417. An Act to amend, revise, consolidate, and supersede the Acts incorporating the town of Bowden in the county of Carroll; to confer additional powers 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 a revenue for the maintenance of the same and 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 Acts incorporating the town of Bowden, approved December 13, 1859, and amended February 23, 1876, and September 13, 1881, be, and the same are hereby repealed, and the following shall be the charter of the town of Bowden, in the county of Carroll: Bowden, town of, new charter. SEC. 2. Be it further enacted, That the corporate limits of said town shall be as follows: Commencing on Rome street three-fourths of a mile from the junction of said street with Carrollton street, then south of east to a point on Carrollton street three-fourths of a mile from above described junction, then to road known as the Tarpley road at a point three-fourths of a mile from said described junction, then west of south to a point three-fourths of a mile due south of said junction, then westerly to the original east line of lot of land No. 152 at the point where I. H. P. Beck's

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south line intersects said original line of No. 152, then north along said original line to a point 80 rods from the N. E. corner of said lot of land No. 152, then west from said point parallel to original east and west line of lot No. 152 to original line of No. 153, then north along original line of No. 153 and No. 140 to a point 40 rods north of road leading from Bowden by D. B. Huies, then north of east to Mill street at a point north of negro church so as to just include said church in said corporate limits, then east to starting point on Rome street. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of the town of Bowden shall consist of a mayor and four councilmen who are hereby constituted a body corporate under the name and style of mayor and council of town of Bowden, and by that name and style shall have perpetual succession; shall have a common seal and be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors, for use of the town of Bowden, and estate or estates, real or personal of whatsoever kind or nature, within and without the jurisdictional limits of said town for corporate purposes; and shall by the said name be capable of suing and being sued in any court of equity in this State, and shall succeed to all the rights and liabilities of the present corporation of the town of Bowden. Corporate powers. SEC. 4. 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, 1911, and annually thereafter on the second Monday in January, 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

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place in said town as the mayor and council shall designate. Should there fail to be an election held in said town at the time above specified from any cause whatever, the mayor and council of said town shall order an election held in said town by posting a notice in three public places in said town, and publishing said notice for two weeks prior to said election in any newspaper that may be published in said town or having a general circulation therein. The polls at all elections in said town shall be opened at 8:00 a.m. and shall close at 3:00 p.m. The qualifications of voters of said election shall be such as are required for electors to the General Assembly of this State in addition thereto a resident of within the corporate limits for thirty days prior to said election and the payment of all legal taxes required of them by said corporation. Mayor and councilmen, election of. SEC. 5. 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. Eligibility to office. SEC. 6. Be it further enacted, That said election shall be held under the superintendency of three free-holders entitled to vote in said election. Said free-holders to take an oath for the due and legal performance of their duties as such superintendents and have all powers incident to superintendents of elections of this State. Should the superintendents have any reasonable doubt as to the qualification of any voter, or should any voter 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 thirty days in the town of Bowden, and 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

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town of Bowden, and have registered in county of Carroll, State of Georgia, so help you God. The superintendents of said election shall conform to the laws governing elections in this State in so far as they are applicable to said election and shall issue certificate of election to such persons as receive the highest number of votes polled, who shall within ten days from said election qualify by taking prescribed oath. Elections, how held. SEC. 7. Be it further enacted, That the mayor, or in his absence or disqualification, any one member of the council shall be the chief executive officer of this town, clothed with all power to try offenders, call a meeting of the council in extra session, and said council at any meeting, either called or regular session, shall have power, in the absence or disqualification of the mayor-elect, to appoint one of their number mayor pro tem, who shall be vested with all the power of the mayor-elect. The mayor and members of the council shall be ex-officio justices of the peace so far as to empower them to issue warrants for violation of the criminal laws of this State, commit to jail or admit to bail persons charged with violating the criminal laws of this State, in the same manner and under the same rules and regulations prescribed by law justices of the peace. Mayor, powers of. SEC. 8. Be it further enacted, That should the mayor be absent from any meeting of the council, the council may organize by appointing one of their number mayor pro tem, who shall be vested with all power and rights of the mayor, and in case of the death of any councilman or mayor, or resignation, or removal, or for any cause whatever, there is a vacancy, it shall be the duty of the remaining members to call an election to be held ten days from the date of so ordering to fill any and all such vacancies. Said election to be

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held in same manner as now provided for in this charter and notice of said election shall be given by posting same in three most public places in said town, and in any newspaper published in said town that may have an issue during said time. Vacancies. SEC. 9. Be it further enacted, That the salary of the mayor and council shall be fixed by the mayor and council of the town, and shall not exceed $100.00 for the mayor and $60.00 for each councilman, per annum, together with such other perquisites from the police court of said town as the mayor and council may authorize by ordinance; in no case shall the mayor and council have power to advance their own salaries, but may advance the salaries of incoming mayor and council. Salaries. SEC. 10. Be it further enacted, That before entering upon their official duties said mayor and council shall each be sworn faithfully and impartially to discharge the duties of his office to the best of his ability. Oath. SEC. 11. Be it further enacted, That the mayor and council of town of Bowden shall have power and authority to establish police rules and regulations; to pass all laws and ordinances, not in conflict with the Constitution and laws of the State of Georgia, which tend to promote the safety, health, good order, morality and general welfare of the inhabitants of said town. Police regulations. SEC. 12. Be it further enacted, That the mayor and council of the town of Bowden shall have full and complete control of the streets, roads, alleys, sidewalks and squares of said town and shall have power and authority to open and lay out such new streets in said town as the public interests

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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; to 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 fill open wells or other excavations on enclosed or unenclosed premises; to control and regulate all pipes, private drains, sewers, water closets, privies and dry wells in said town; with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them, in all particulars, as may seem best for the preservation of the health of the inhabitants of said town; and with power also to require changes in, or the total discontinuance of any or such contrivances and structures already in existence or that may hereafter be allowed, and to compel owners of property to convey the water from their lots by keeping open all necessary drains for that purpose. Streets, etc. SEC. 13. Be it further enacted, That the said mayor and council of town of Bowden shall have power to fix and establish fire limits, and from time to time to enlarge, restrict or change the same; to provide a fire department and a system of fire alarms, within which fire limits as established it shall not be lawful for any person to build or cause to be built other than fire-proof buildings, except by special permission of said mayor and council of town of Bowden, which must be by majority; and in case of offense against ordinances passed in pursuance of this Act, the said mayor and council of town of Bowden, after five days' notice given, shall cause the said not fire-proof buildings to be removed at the expense of the owners or builders thereof, to be collected by execution as other execution issued by the city.

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And the said mayor and council of town of Bowden shall have the right to determine what are and what are not fireproof buildings. Fire limits and fire department. SEC. 14. Be it further enacted, That the mayor and council of town of Bowden shall have power to lay off, vacate, close, open, alter, curb, pave and keep in good order, and repair roads, streets, sidewalks, alleys, cross-walks, 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 free from obstruction, on or above them; to regulate the width of sidewalks on streets, and to order the sidewalks, foot-walks, cross-walks, drains and gutters to be curbed and paved and put in good order, free and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; to establish and regulate market; to prescribe the time of holding the same; to prevent injury and annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, dogs and other animals and fowls of all kinds from going at large in said town; 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 council of said town, shall be a nuisance; to regulate the keeping of gun powder and other combustibles; to provide in or near said town, places for the burial of the dead and to regulate the interment therein; to provide for the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and persons of the citizens of said town, and to preserve peace and good order therein; and for this purpose to appoint, when necessary, a police to assist the marshal in the discharge of his duties;

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to prescribe the powers and define the duties of the officers appointed by the mayor and council of town of Bowden; to fix their term of service and compensation; to require and take from them bonds when deemed necessary, payable to the mayor and council of town of Bowden, with such securities and in such penalty as said mayor and council of the town of Bowden may see fit, conditioned for the faithful discharge of their duties; to erect or authorize or prohibit erection of gas works, or electric light works in said town; to prevent injury or pollution of the same, or to the water or healthfulness of said town; to regulate and provide for the weighing of coal and other articles sold or for sale in said town, and to provide a revenue for said town and to appropriate the same to its expenses. Corporate powers. SEC. 15. Be it further enacted, That said mayor and council shall have authority to appoint a board of health consisting of not more than three, whose duties shall be to look after the sanitary conditions and health of the people of the town and 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 made and published and 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 the same. SEC. 16. Be it further enacted, That the mayor, and in his absence, any member of the council may hold police court, try offenders for violation of ordinances, rules and regulations prescribed for the government of said town and may punish violators of the same, not to exceed $50.00, or imprisonment not to exceed sixty days or to work on streets and sidewalks of said town not to exceed sixty days, and

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any one or more of these punishments or a part of any or all may be ordered in the discretion of the court trying the case; and when sitting as a court said mayor or councilmen may fine for contempt not exceeding $10.00 or imprisonment for five days for such contempt. Board of health. Police court. SEC. 17. Be it further enacted, That said mayor and council may prescribe how persons convicted in mayors court shall work upon the streets, drains, or other public works of said town, and in case any person so convicted shall escape before completing the time of such sentence, upon a warrant issued by the mayor of said town, the same may be arrested in any part of the State by the marshal of said town or by any other officer authorized to make arrests. And said party so escaping, on conviction in the mayors court, may be sentenced to not more than thirty days additional service upon said streets 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 persons so convicted and sentenced for their safe confinement until said sentence is satisfied. Convicts in police court, how employed. SEC. 18. Be it further enacted, That said mayor and council shall elect a clerk, treasurer and marshal and such other 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 this State, and shall have the power and authority to remove any officer elected or appointed by them for failure to faithfully perform the duties of his office. Municipal officers. SEC. 19. Be it further enacted, That the mayor and council elected at first election under this Act at their first meeting, and annually thereafter when the marshal and

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clerk are elected, shall elect three tax assessors for said town who shall be free-holders in said town, residents therein and twenty-one years of age; they shall serve until their successors are elected and qualified, and the said mayor and council shall have power at any time to fill vacancies caused by death, resignation or otherwise. It shall be the duty of said tax assessors at such time as they may be directed by the mayor and council to inspect and assess a valuation upon all real estate in said town liable to taxation, assessing such property at such value as in their judgment represents its true market value at the time the assessment is made. Before entering upon their duties as assessors they shall be sworn before the mayor or some member of the council to faithfully and impartially discharge their duties as assessors of said town. Tax assessors. SEC. 20. Be it further enacted, That the said tax assessors shall make out a list of taxable property in said town in a book provided for that purpose by the mayor and council with its true valuation therein which they shall return to the clerk of the council who shall assess the tax thereon as now, or hereafter may be provided in the ordinances of said town. Should any owner of real property in said town be dissatisfied with the valuation put upon his property by said tax assessors he may complain to the said clerk, whereupon the question shall be submitted to arbitration as follows: The property owner shall select one arbitrator, the assessors one arbitrator and these two a third, all of whom shall be citizens of Bowden and free-holders in said town, and they shall proceed to pass upon the question, inspecting the property and having such evidence as they may require and their judgment assessing the value shall be final. Taxes, how levied.

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SEC. 21. Be it further enacted, That the tax assessors herein provided for shall be paid out of the town funds for their services such sums as the mayor and council may fixsaid sum not to exceed $3.00 per day for actual service. Per diem of tax assessors. SEC. 22. Be it further enacted, that the clerk of the council shall take from each person owning or holding personal property individual or agent, guardian or other parties a sworn statement of all such personal property and its value, if in the corporate limits of said town of Bowden, the same to be consolidated with the returns of the tax assessors of said town and returned to the mayor and council by the second Monday in May, each year. Returns of personal property. SEC. 23. Be it further enacted, That from and after the passage of this Act it shall be the duty of all persons, firms and corporations owning personal property, money or choses in action in the town of Bowden, subject to taxation under the laws of this State to make returns thereof for city taxation, under oath, to the clerk of the mayor and council of said town on printed forms therefor, furnished by said mayor and council of said town, containing such questions as will reach all species of personal property, money and choses in action, subject to taxation. The questions shall require separate answers, and the oath on said forms shall be actually administered by the clerk to the party making the return. The returns shall be made between the first of March and the first of May of each year of all personal property, money and choses in action, owned, possessed or controlled on the first of March of that year. Tax returns, how made. SEC. 24. Be it further enacted by the authority aforesaid, That it shall be the duty of said clerk to make a digest of such returns by the first day of June each year, and

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submit the same, together with a list therein of all defaulters, to the mayor and council of said town, who shall examine and inspect the same and revise and correct the returns therein and the list of defaulters, and in their judgment any personal property, money or chose in action is omitted from any return or is under-valued, they shall correct the same by setting out the omitted personalty, money or chose in action and its value and by setting out the true value of any such property under-valued in such return; and in order to effectually carry out the aforesaid powers and duties, said mayor and town council shall have authority as a court to subpoena any person whose return is being considered, and other witnesses, and examine them on oath in regard thereto and to cause the production of books and papers to be used as evidence. Tax returns, how revised. SEC. 25. Be it further enacted by the authority aforesaid, That if anyone whose return has been revised and corrected by the mayor and town council be dissatisfied therewith, he shall so notify the clerk, whereupon such question shall be submitted to arbitration as follows: The property owner shall select one arbitrator, the clerk one, and these two a third. All shall be residents of said town, and they shall proceed to investigate and pass on the question submitted, and shall have authority to subpoena witnesses and examine them under oath and cause the production of books and papers to be used as evidence therein, and their finding shall be final. The action of the mayor and town council shall be prima facie correct, and the burden on the property owner before the arbitrators. Tax assessments, how arbitrated. SEC. 26. Be it further enacted, That all taxes, assessments, fines, and penalties recoverable by this Act may be

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enforced by execution. All writs, processes and subpoenas issued in behalf of said town shall be directed to the marshal of said town and signed in the same manner as an execution. All executions issued in behalf of said town for the collection of taxes, fines, forfeitures or other purposes shall be directed to the marshal and signed by the mayor or any one of the 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, ten days before the sale, when said property shall be exposed and sold between the hours of 10 a. m. and 2 p. m. at the council chamber of said town. Said proceeds to be applied to cost and satisfying of said execution and overplus shall be returned to defendant, and in real estate, the marshal shall advertise the same once a week for four weeks in the newspaper of Carroll county in which the sheriff's sales of said county are published and said property so advertised shall be sold by said marshal on the regular sheriff's sales day between the legal hours of sale and at the court house of said Carroll county; said marshal being empowered to execute title thereto to any property in said town of Bowden sold as above, and when claim or illegality shall be interposed the marshal shall not sell, but return to the Superior Court of Carroll county for trial. Collection of taxes, etc. SEC. 27. 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 property 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., and to levy a tax on owners of real estate for purposes of paving sidewalks and streets in front of said realty. Tax levies.

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SEC. 28. Be it further enacted, That the mayor and council of the town of Bowden shall have the power and authority to license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses, livery stables, blacksmith and other shops, hacks drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning-rod dealers, emigrant agents, clock and stove peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant vendors of articles, goods, wares and merchandise of every nature whatsoever; every keeper of a billiard, pool or bagatelle table kept for public use; every keeper of a shooting gallery, ten pin alley; upon the keeper of any other table, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivances; upon the keeper of flying horses, bicycle, velocipede or skating rinks, insurance agents, life and fire insurance companies, brokers, loan agents and agents for any other business or calling whatever; keepers of tan yards, slaughter houses, beef markets, green groceries; dealers in fish, oysters, vegetables, fruits, breads and other articles of food; upon all soft drinks and beverages; upon every junk shop, pawn broker, and upon all other establishments, business callings, or avocations not heretofore mentioned, and which, under the laws and Constitution of the State of Georgia, are subject to license. Special taxes. SEC. 29. Be it further enacted, That there shall be a lien on all real estate and personal property within said town for town taxes assessed thereon and for all fines and penalties assessed or imposed; also for water rents, license fees and assessments of every kind, and shall be enforced and collected by execution, which shall have same rank and

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dignity as liens and judgments from other courts in this State. Levies for taxes, etc. SEC. 30. Be it further enacted, That said mayor and council shall have power to take up and impound any horse, mule, hog, cow, or any other animal 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. Stock law. SEC. 31. Be it further enacted, That it shall be the duty of the marshal to collect the town taxes, fines, levies and assessments and should the same not be paid within thirty days after they are placed in his hands for collection the mayor and clerk of the council shall issue execution therefor in the way and manner now provided in the body of this charter. Tax executions. SEC. 32. Be it further enacted, That all male persons over the age of sixteen and under the age of fifty years who have resided in the town of Bowden ten days prior to notice (except those who can give satisfactory proof of having worked or paid in full elsewhere in this State that year, all road taxes, or those now exempt by laws of this State) shall be subject to work on the roads and sidewalks of said town not to exceed ten days in each year or to 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 or ten dollars every person or persons in said town subject to street tax who fails or refuses to work or pay said tax when so ordered by said council through their representative, the marshal or clerk. Commutation tax.

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SEC. 33. Be it further enacted, That the mayor and council of the town of Bowden shall have full power and authority to establish and fix such a system of grading and draining of the streets of said town as may be deemed proper, and shall have power to compel owners and lessees of property to construct and keep in good order the sidewalks in their front. If any owner or lessee shall fail to comply with the requirements of the mayor and council of the town of Bowden in this regard, the work shall be done under the direction of the town, and execution shall issue for the cost of and expense thereof, against such owner or lessee, to be collected as other executions issued by the clerk. Drainage, etc. SEC. 34. Be it further enacted, That the mayor and council of the town of Bowden shall have full power and authority to establish and maintain a system of waterworks and sanitary sewerage for said town, and to compel lot owners to connect with said sewers, and may condemn or purchase any property within or without the town 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 proceedings shall be the same as in Section 36 of this charter. Waterworks and sewerage. SEC. 35. Be it further enacted, That the mayor and council of the town of Bowden shall have full power and authority to establish and maintain an electric lighting system for said town and to fix the prices and tolls for lights furnished to citizens and to acquire by purchase, gift or condemnation such property, either within or without said town. In case it shall become necessary to condemn any property under this Section, proceedings shall be had as under condemnation proceedings for streets, etc., as set out in Section 36 of this Act. Lights.

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SEC. 36. Be it further enacted, That the mayor and council of town of Bowden shall have full power and authority to lay out, open, widen, straighten, and otherwise change any street, sidewalk, road or alley in said town. And when the mayor and council shall exercise the power to lay out, open, widen, straighten or otherwise change any street, sidewalk or alley in said town and the owner of any lands through which said street, sidewalk or alley may run, shall enter his objection to the mayor or any two members of the council, when said mayor and council shall appoint two free-holders and citizens of said town and the property owner two free-holders and citizens of said town, said selected free-holders shall have power to elect a fifth free-holder and citizen of said town. Said freeholders shall proceed to assess all damages caused by such change and submit their findings to the mayor and council and give a copy to said contending property owner. Said assessors shall be sworn before entering into their duties as such, to faithfully and impartially make their assessment, taking into consideration the value of such street, alley, or sidewalk to complainant, and either party shall have a right to appeal from the findings of said assessors to any court of competent jurisdiction; said appeal to be entered in ten days from the finding of said assessors, and said appellant to pay all accrued cost and give an indemnification bond before entering said appeal. The mayor and council shall have power to enforce the award by execution against the owner of such property when same is found advantageous to said property, but in the event the award shall show damage to said property, then the town shall pay all cost, and it shall be optionary with the mayor and council whether they pay the assessed damage or abandon said street, sidewalk or alley after paying all cost in the case. Streets, etc.

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SEC 37. Be it further enacted, That the present mayor and council, whose terms of office expire on the second Monday in January, 1911, under the present charter of said town, shall hold their offices under this charter until said time and until their successors have been elected and qualified under the provisions of this Act. Mayor and councilmen, terms of office. SEC. 38. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 12, 1910. BOYNTON, TOWN OF, CHARTER REPEALED. No. 458. An Act to repeal an Act to incorporate the town of Boynton, in the county of Catoosa; to define the limits thereof; to appoint a mayor and councilmen thereof; to grant powers and privileges to the same; to provide for working public roads in said town; to provide a system of public schools for said town; to provide a levy of taxes to meet the expenses of the town and school system, 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 entitled An Act to incorporate the town of Boynton, in the county of Catoosa; to define the limits thereof; to appoint a mayor and councilmen therefor, and to provide for the election of their successors; to grant powers and privileges to the same; to provide for working the public roads in said town; to provide a system of public schools for said town; to provide a levy of taxes to meet the expenses of the town and school system, approved

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August 22, 1907, and found in the Acts of 1907, 467 to 470, be, and the same is, hereby repealed. Boynton, town of, charter repealed. Approved August 13, 1910. BROOKS, TOWN OF, INCORPORATED. No. 326. An Act to incorporate the town of Brooks, in the county of Fayette; to define the corporate limits thereof; to provide for the election of officers; to prescribe their powers and duties; to provide for the working the streets in said town; to provide for the levy and collection of taxes and licenses, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the town of Brooks in the county of Fayette, be, and is, hereby incorporated under the name of Brooks, by which name it may sue and be sued, plead and be impleaded. Brooks, down of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend three quarters of a mile in every direction from the depot of the Central Railway as now located in said town, the said depot being made the center of said town. Corporate limits SEC. 3. Be it further enacted, That said town shall be officered and its corporate affairs directed and controlled by a mayor and five councilmen, whose term of office shall be two years, and who shall be elected by the qualified voters of said town. Any person residing in town ninety days prior to the time of an election and otherwise qualified to

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vote for members of the General Assembly, shall be eligible as a town elector. The election under this Act for mayor and councilmen shall be held on the fourth Saturday in September, 1909. Regular election for mayor and councilmen under this Act shall be held on the first Saturday in January, 1910, and election shall be held and conducted as are elections for members of the General Assembly. Mayor and councilmen, election of. SEC. 4. Be it further enacted, That said mayor and council shall elect one of the council clerk, and also elect a marshal, and may pay him such compensation as they may fix prior to his election. Clerk and marshal. SEC. 5. Be it further enacted, That said mayor and council shall have authority to cause the roads, streets and lanes of the said town to be worked in said town, by the residents therein subject to road duty, and levy such road tax as they deem for the best interest of the town. Said mayor and council shall have authority to make any and all by-laws, rules and regulations or ordinances necessary for the government of said town and the peace and good order thereof, and to fix licenses, fees for transaction of business in said town, which are not inconsistent with the laws and Constitution of the State, to punish by fine or imprisonment or both in the discretion of the mayor, who is hereby clothed with authority to try offenders against the ordinances of said town, and is hereby empowered to punish such offenders by a fine of not more than $50.00, or by work on the public roads of said town for not more than thirty days, either or both of such penalties. The mayor and council shall have authority to fix the cost in all such cases of violation of the ordinances of said town and upon conviction said cost shall be taxed against the offender so convicted. Corporate powers.

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SEC. 6. The mayor and council shall be empowered to levy tax for the support of the government of said town not to exceed one-half mill, and they shall fix compensation of the mayor and the councilmen and all employees of said town. Taxing power. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to cause the enforced collection of delinquent taxes and assessments of all kinds of fines and collections against the property of the delinquents and sales under such executions. The time, place and manner of sale of property, both real and personal, for taxes and assessment due said town shall be the same as that provided by law for sheriff's sales for State and county taxes, provided, said sales shall be conducted by marshal of said town before the door of the council chamber, after proper advertisement in such newspaper as selected by the mayor and council as the official organ of the town of Brooks. Collection of taxes. SEC. 8. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 3, 1910. BUFORD, CITY OF, CHARTER AMENDED. No. 566. An Act to amend an Act approved July 27, 1904, entitled An Act to amend the present charter amendment of the city of Buford, Gwinnett county, approved August 8, 1903; to provide for the reducing of the present city

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corporate limits; to change the time for holding the elections for mayor and council, and for other purposes, by authorizing the mayor and council of said city of Buford to issue additional bonds in the sum of twenty thousand dollars for the purposes mentioned in Section 3 of the original Act approved August 8, 1903, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act Section 4 of the original Act approved August 8, 1903, as amended by the subsequent Act approved July 27, 1904, be further amended by striking the word twenty, as originally placed by amendment, in the fourth line of said Section four (4) and inserting in lieu thereof the word forty; and by striking the word thirty in the sixth line of said Section and inserting in lieu thereof the word fifty, so that said Section 4 when so amended shall read as follows: Section 4. Be it further enacted, That said mayor and council shall have power and authority to issue bonds for said city for any of the purposes mentioned in the preceding Section not to exceed in the aggregate the sum of forty thousand dollars, of such denomination or denominations, payable at such time or such times not more than fifty years from date of the issue thereof, as such mayor and council may determine, and with such rate of interest, not exceeding six per cent., and have such covenants and conditions as the mayor and council may deem best. Said bonds to be issued and sold for the purpose, or purposes, of establishing, maintaining and operating, or contracting with any other person or corporation for the establishing, maintaining and operating a system of waterworks and electric light or other

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light plant, or gas plants, school houses, public buildings, sewers, paving, grading, laying out and improving streets in and for said city. Said bonds to be signed by the mayor and countersigned by the clerk under the corporate seal of said city, and shall be negotiated in such manner as said mayor and council shall determine for the best interest of said city; provided, however, that said bonds for any purpose shall not be issued until the question of issuing same shall have been submitted to a vote of the qualified voters of said city and approved by a two-thirds vote of the qualified voters of said city, as hereinbefore provided for. Buford, city of. Bonds for public utilities. 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 15, 1910. CAIRO, CITY OF, CHARTER AMENDED. No. 350. An Act to amend the charter of the city of Cairo, in the county of Grady, as enacted by an Act approved August 6th, 1906, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the charter of the city of Cairo, in the county of Grady, as enacted by an Act approved August 6, 1906, shall be, and the same is, hereby amended, so that after the passage of this Act the corporate limits of the said city of Cairo, over

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which the authorities thereof shall have jurisdiction, shall be as follows: Beginning at a point five-eighths of a mile north of the northeast corner of Atlantic Coast Line Railroad Company's passenger depot, located on lot of land No. 60, in the 18th district of Grady county, Georgia, and from said designated starting point running due east five-eighths of a mile; thence running due south one and one-quarter miles; thence running due west one and one-quarter miles; thence running due north one and one-quarter miles; thence running due east five-eighths of a mile to the designated starting point; the territory covered by said city and over which the authorities thereof shall have jurisdiction as aforesaid being that included within the lines and limits above set forth. Cairo, city of, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That the said charter of the city of Cairo be, and the same is, hereby further amended, so that the said city shall be, and the same is, hereby divided into four wards, designated and of the bounds as follows: Ward one shall include that portion of the limits of said city lying south of the center of the right of way of the Atlantic Coast Line Railroad Company and east of the center of Broad street; ward two shall include that portion of the limits of said city lying south of the center of the right of way of the Atlantic Coast Line Railroad Company, and west of the center of Broad street; ward three shall include that portion of the limits of said city lying north of the center of the right of way of the Atlantic Coast Line Railroad Company and west of the center of Broad street; and ward four shall include that portion of the limits of said city lying north of the center of the right of way of the Atlantic Coast Line Railroad Company and east of the center of Broad street. Wards.

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SEC. 3. Be it further enacted by the authority aforesaid, That the five councilmen of said city of Cairo shall be elected as follows, to-wit: One councilman from each of the four wards, and one councilman from the city at large, who shall compose the council of the city of Cairo. The councilman from the city at large shall be ex-officio mayor pro tem. The first election hereunder shall be had at the regular election for officers of said city on the first Wednesday in November, 1910. All other officers of said city shall be elected as provided in the charter thereof heretofore enacted as aforesaid. No person shall be eligible to the office of councilman from a given ward who is not a resident of that ward, and the candidate receiving the highest number of votes as councilman from a given ward shall be declared elected as councilman from that ward; likewise, the candidate receiving the highest number of votes as councilman from the city at large, shall be declared elected as such. Election of councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That the said Act incorporating the city of Cairo approved August 6, 1906, be further amended, to-wit, in regard to the length of the terms of the municipal offices, so that the mayor and councilmen and the clerk and treasurer of said city elected at the regular election on the first Wednesday in November, 1910, shall be elected for a term of two years, beginning January 1, 1911; and thereafter the term of office of the mayor and council and clerk and treasurer of said city shall be two years and until their successors are elected and qualified. Terms of office. 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 5, 1910.

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CAMAK, TOWN OF, NEW CHARTER. No. 476. An Act to amend, consolidate, and supersede the several Acts incorporating the town of Camak, in the county of Warren, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the town of Camak, located in the county of Warren, be, and are, hereby incorporated under the name and style of the Town of Camak, and the said town of Camak is hereby chartered and made a town under the corporate name of the Town of Camak, 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 towns thereof, and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to said town of Camak, as created by this Act; and the said town of Camak, 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, 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 town, as to said mayor and councilmen may seem best, and

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which shall be consistent with the laws of the State of Georgia and the laws of the United States; and the said town of Camak 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 and without the limits of said town, for corporate purposes said town of Camak, created by this Act, shall succeed to all rights of, and is hereby made responsible, as a body corporate, for all the legal debts liabilities and undertakings, of said town of Camak, and is mayor and councilmen as a body corporate, as heretofore incorporated. Camak, town of, new charter. Corporate powers. SEC. 2. Be it further enacted, That the corporate limits of said town of Camak shall extend one-half mile in each and every direction from the Georgia railroad depot at Camak. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of the town of Camak shall consist of and be vested in, a mayor and five councilmen. That the present mayor and five aldermen of said town who were elected on the 2nd Monday in January, 1910, shall continue in office until the 20th of January, 1911, 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 town of Camak, created by this charter, and on the second Monday in January, 1911, a mayor and five councilmen shall be elected as provided in the next Section of this Act. Mayor and councilmen. SEC. 4. Be it further enacted, That on the second Monday in January, 1911, there shall be elected for said town,

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by the qualified voters therein, a mayor and five councilmen, and annually thereafter, on the second Monday in January, a mayor and five councilmen; all elections for mayor and councilmen under this charter shall be by general tickets. The term of office for the mayor and councilmen elected under the provisions of this charter shall be one year, commencing on the 20th day of January next after their election, unless said day shall fall upon Sunday, then in that event, on the following day, and until their successors are elected, or appointed and qualified, on the twentieth day of January after their election, unless it shall happen on Sunday, then and in that event, on the following day, the mayor and councilmen-elect shall meet at the usual place of holding council meetings in said town, and there shall severally take before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, towit: I do solemnly swear that I will well and truly demean myself as mayor (or councilmen as the case may be) of the town of Camak for the ensuing term, and that I will faithfully enforce the charter and ordinances of said town to the best of my skill and ability, without fear or favor. so help me God. Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter; said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings as the business of the town may require, to be convened as provided by the town ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen in case of vacancies in the council, and by the councilmen in case of a vacancy in the office of

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mayor; any persons so elected shall be duly qualified to fill such vacancies. Election of mayor and councilmen. Oath. Meetings. Vacancies. SEC. 5. Be it further enacted, That should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant, and the vacancy filled as above provided. Vacancies. SEC. 6. Be it further enacted, That all elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said town of Camak, shall be managed by a justice of the peace, or some other judicial officer, and two free-holders, who are citizens of said town and own real estate therein, or by three free-holders, all of whom shall be citizens of said town 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 manager shall keep, or cause to be kept, copies of two lists of voters and two tally sheets. All elections shall be held at the council room in said town and the voting shall be by ballot. The polls shall be opened at 8 o'clock a. m. and close at 6 o'clock p. m. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for

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

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court house. Said Ordinary is authorized to hear and determine any contest and the losing party shall pay all costs, for which said Ordinary is authorized to issue the usual execution. Results of elections, how declared. Contests. SEC. 8. Be it further enacted, That the mayor and councilmen at their regular meeting on the 20th day of January, and annually thereafter, shall elect one of the councilmen mayor pro tem, who shall, in the case of absence or disqualification of the mayor, or for vacancy in that office, perform and discharge all duties and exercise all the authority of the office of mayor upon taking the usual oath. Mayor pro tem. SEC. 9. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said town, and shall have resided in said town one month prior to the election at which they offer to vote, shall be qualified to vote at any election provided by this charter. Voters. SEC. 10. Be it further enacted, That no person shall be eligible for the mayor or councilman of said town unless he shall have resided in said town six months immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said town, not convicted of any crime involving moral turpitude and entitled to register under the registration laws which may be in force at that time in said town. Eligibility to office. SEC. 11. Be it further enacted, That at the meeting of the mayor and councilmen on the 20th day of January, and annually thereafter, the mayor and councilmen shall elect a town clerk and treasurer, and a marshal, who may be chief

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of police, and such other officers as the mayor and councilmen may deem necessary in the good government of the town. 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 town of Camak. Said mayor and councilmen shall have power and authority to suspend and remove said officers, in their discretion; and it shall be their duty to fix the salaries, or compensation, of said mayor and councilmen and all other officers, agents and employees of said city, which when fixed, shall not be increased during the term of office of the said mayor, councilmen or officer. All expenditures of mayor and councilmen shall be paid out of the town funds by an order drawn by the town clerk, countersigned by the mayor, or, in his absence, by the mayor pro tem., after the mayor and councilmen have allowed and audited the same. Municipal officers. SEC. 12. Be it enacted, That the mayor and three councilmen shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them; provided, that every question so determined, or ordinance passed, shall receive not less than three votes. On all questions before the said council the mayor, or mayor pro tem, if he be presiding, shall be entitled to vote only in case of a tie. He shall have the veto power, and may veto any ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen on a yea and nay vote, duly recorded on the minutes of the town 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

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law just as signed and approved by said mayor, but he may approve same and the measure go into effect immediately. Mayor, veto power. SEC. 13. Be it further enacted, That the mayor of said town shall be the chief executive officer of Camak. He shall see that all laws, ordinances, resolutions and rules of said town 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 town, and shall preside at all meetings of the mayor and councilmen. He shall have the power to convene the council in special, called or extra sessions whenever in his judgment it becomes necessary. Executive powers of mayor. SEC. 14. Be it further enacted, That the mayor, or, in his absence or disqualification the mayor pro tem, or in case of the absence or disqualification of both the mayor and mayor pro tem, any councilman of the town may hold and preside over a court in said town of Camak, to be called the police court, for trials of all offenders against the laws and ordinances of said town as often as necessary. Said 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. Said court shall have power to punish all violations of the charter or ordinances of the town by fine not to exceed one hundred dollars, imprisonment in the city prison or county jail, having previously arranged with the county authorities, not to exceed fifty days, and to work on the streets in the town work gang, or such other public places as the mayor or acting mayor may direct, not to exceed three months; any one or more of these punishments may be inflicted by the mayor, or acting mayor, in his discretion, and the fines imposed may be collected by execution. Police court.

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SEC. 15. Be it further enacted, That the mayor or mayor pro tem, in case he shall be presiding, shall have the power in said police court, if the offense charge against the prisoner be beyond his jurisdiction, to examine into the facts of the case, and commit the offender, or offenders to jail, or bail them if the offense is bailable by a justice of the peace under the laws of the State, to appear before the Superior Court of Warren county. Commitment and bail. SEC. 16. Be it further enacted, That the mayor and councilmen of said town shall have power to authorize by ordinance the marshal, or policemen 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. 17. Be it further enacted, 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 have been guilty of violating any ordinance of said town, as is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the town prison 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 of this town is also authorized to arrest any where within the limits of this State any person charged with violating any of the ordinances of the town of Camak;

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provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal is not authorized to arrest the offender outside the corporate limits of said town, except in obedience to written warrant signed by the mayor and mayor pro tem, or acting mayor. The town marshal may take bonds for the appearance of any person arrested by him, 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, or mayor pro tem. Arrests. Appearance bonds. SEC. 18. Be it further enacted, That the mayor and councilmen of the town of Camak shall have the power to organize a work gang and confine therein persons who have been sentenced by the police court of the town of Camak to work upon the streets or public works of said town and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gang, and to enforce same through its proper officers. Work-gang. SEC. 19. Be it further enacted, That the mayor or mayor pro tem. when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations, or rules of said town, may for good cause shown by either side, continue the hearing to such time as the case be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, and the accused fail to appear at the time fixed for trial, the bond may be forfeited by the mayor, or mayor pro tem, and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two days before the hearing of said rule nisi. The mayor, mayor pro tem., or

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acting mayor, shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for trial, and the cash so deposited shall be, by order of the officer presiding, declared forfeited to the town of Camak. Continuances in police court. Appearance bonds. Cash deposit. SEC. 20. Be it further enacted, That any person convicted before the mayor, or other presiding officer of the police court, may enter an appeal from the judgment of said court to the board of councilmen; provided, the appeal be entered within two days after the judgment complained of is announced; and, provided, further, defendant pays the accrued cost in the case and gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said councilmen shall as early thereafter as practicable, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is: de noon. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the mayor, and may increase it in their discretion. Any person convicted by the councilmen on the appeal shall have the right to certiorari to the Superior Court of Warren county, provided, all costs are first paid and bond and security given in double the amount of the fine imposed, if the fine is imposed, to answer the final judgment rendered in the case; and, provided, further, nothing in this Section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the Superior Court, to file the usual pauper affidavit in lieu of either giving of bond and security and the payment of the cost; and provided, further, the applicant failing to give the bond and security may, in the discretion of the mayor, be placed in the town prison to await the final judgment of the appeal

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above mentioned. Nothing in this Section shall be construed to prevent any person convicted of a violation of any ordinance of said town before the mayor or police court from certioraring the proceeding directly to the Superior Court in all cases when certiorari will lie from the judgment of the justice of the peace in civil actions under the rules of law governing such cases. Appeals. Certiorari. SEC. 21. Be it further enacted, That said mayor and councilmen may, at any time after the passage of this Act, elect three intelligent, discreet and upright persons, citizens and qualified voters of said town, owners of real estate therein, tax assessors, whose term of office shall be one year. Said town 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 the mayor and councilmen; and all vacancies occurring from any cause may be filled by said mayor and councilmen at any time; and it shall be the duty of said tax assessors to assess the value of real estate in said town for the purpose of taxation by said town, and it shall be their duty to examine tax returns placed before them by the clerk of said town, who shall receive the same and increase the valuation of personal property thereon, when, in their judgment, the value placed thereon by the tax payer is too small. The mayor and councilmen shall have power to prescribe rules for the government of said city tax assessors. Said assessors shall make return of the assessments made by them to said mayor and councilmen each year, thirty days before the time for collecting taxes. When said return is made, said mayor and councilmen shall appoint a time and place for hearing objections to the assessments, said objections to be heard by said mayor and councilmen, of which public notice shall be given as may be prescribed by ordinances, and the clerk of said town shall give

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each owner of property whose tax returns of personalty has been increased at least five days notice of such hearing, stating therein the amount of such increase. If the property has been given in by an agent, notice to such agent shall be sufficient. If the owner is not a resident of said town, and has no agent residing therein, the mayor and councilmen shall prescribe by ordinance what notice, if any, shall be given. Said mayor and councilmen shall have the power to provide by ordinance for assessing all property, both real and personal, not returned for taxation, and for double-taxing defaulters. The town assessors shall take such oaths and receive such compensation as the mayor and councilmen may prescribe. Such town tax assessors shall have the power to require said tax payers to furnish them with a list of all notes, accounts, stocks, mortgages, 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 of real estate, shall become final if no objection is made on or before the time set for hearing objections by the said mayor and councilmen, notice, such as the mayor and council may, by ordinance, prescribe, having been given of such hearing; and if objections are made at the said hearing to any assessment, the decision of said mayor and councilmen, on hearing of subjects, may increase or decrease the assessment as made by the assessor. Tax assessors. SEC. 22. Be it further enacted, That in case any property which is subject to taxation was not assessed, if realty, by the assessors, or returned for taxation, if personalty, or for any reason has not been assessed for taxation and taxes collected in any year past, the town 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

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by law; and if the mayor and councilmen have provided for double taxing of defaulters, an execution shall then issue therefor, as in other cases, at the rate for the several years in which no taxes were paid. This Section shall apply to the assessment of property which before the passage of this Act in any year was not assessed for taxation 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 thereon omitted any year. The mayor and councilmen may provide by ordinance for notice to parties whose property has been, or may be, assessed for back taxes, and the hearing of any complaint. All assessments referred to in this Section shall be made by the town tax assessors. Back taxes. SEC. 23. Be it further enacted, That the mayor and councilmen shall have the right and authority to provide by ordinance when the taxes of said town shall fall due, and in what length of time said taxes may be paid; when tax execution shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and fix a penalty for the non-payment of taxes when due. Tax executions. SEC. 24. Be it further enacted, That the mayor and councilmen of said town shall have the right and power to provide for and regulate the curbs and gutters that empty into the streets or sidewalks in said town; to regulate or prohibit (except as such power may be restricted by any existing general laws) the use of the streets, sidewalks and public grounds for signs, sign posts, awnings, telegraph, telephone poles, horse troughs, racks and for carrying banners hand bills and placards on the streets and sidewalks and public places of said town. Also, to compel any telegraph, telephone company, having previously erected poles and wires

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in said town, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telephone and telegraph company shall fail to remove same within thirty days after having been duly notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal by execution. Control of streets. SEC. 25. Be it further enacted, That the mayor and councilmen of the said town of Camak shall have full power and authority to require the railroad, or railroads running through said town, or any portion of it, to make and repair such crossings on their several roads whenever and in such manner said mayor and councilmen may deem necessary; to place or repair such crossings, or keep up and open any and all streets in said town; and the mayor and councilmen may pass any ordinance needful for carrying out the provisions of this Section; and in case railroads, as aforesaid, shall fail or refuse to make such crossings within five days or to repair same within twenty-four hours after having been notified to do so by said town, the mayor and councilmen shall have power to create and make same across such railroads and repair same at the expense of said railroad, and may issue an execution therefor, and levy and collect the same as provided in the case of tax execution. Railroad crossings. SEC. 26. Be it further enacted, That the said mayor and councilmen 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 or other combustible or explosive substance or material, within the limits of said town; and to regulate the use of lights in stables and shops

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and other places, or building bon fires; to regulate or prevent the sale of fireworks, fire crackers, 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. SEC. 27. Be it further enacted, That the said mayor and councilmen shall have full power and authority to require any person, firm or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry any trade, business, calling, vocation or profession within the corporate limits of said town, if not in conflict with the laws of the State by themselves, or by their agents, to register their names, calling or vocation, or profession annually, and to require said person, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling or profession, such amounts as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinance for the punishments of all persons, firms, companies or corporations required by ordinance to pay such taxes, or take out said license for same, who engage in or attempt to engage in, such business, profession or occupation before paying such taxes or take out said license, or who failed to comply in full with all requirements of said ordinance made in reference thereto. Registration of business. SEC. 28. Be it further enacted, That said mayor and councilmen shall have full power and authority to license billiard tables, pool tables, [Illegible Text] alleys, and all tables kept and used for the purpose of playing, gaming or renting, all ten-pin alleys, nine-pin alleys, or alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, and to charge for said license such sum as they may by ordinance prescribe. Places of amusement.

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SEC. 29. Be it further enacted, That said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said town; define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Special taxes. SEC. 30. Be it further enacted, That the said mayor and councilmen of said town shall have full power and authority to license, regulate, and control all markets in said town, opera house, drays, hacks, used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant lightning rod dealers, immigrant agents, all fire or life insurance companies doing business in said town, traders of all kinds, itinerant dealers in jewelry and medicine, and all itinerant articles of mechandise, except such as are exempted by the laws of this State. Also any person running a flying-jenny, flying-horse, merry-go-round, bicycle or skating rink, and all circuses, side shows, and all other shows and performances exhibiting in said town; and all persons selling goods, wares and merchandise by sample, advertisement or retail, and all other business, calling or vocation, which under the Constitution and laws of this State are not exempt from license. Special taxes. SEC. 31. Be it further enacted, That the mayor and councilmen of said town shall have the power to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls from running at large in said town and to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals, when found upon the streets of said town, and to

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charge such fees for same as they may prescribe, and in addition thereto charge for the keep of any animal or animals so impounded. Also when the owner or owners of such animal, or animals shall fail to pay the impounding fee and cost of keeping said animal, or animals, said animal, or animals, may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal, or animals, under such rules and regulations as may be prescribed by the mayor and councilmen. Stock law. SEC. 32. Be it further enacted, That the mayor and councilmen of said town shall full and complete control of the streets, sidewalks, alleys, and squares in said town, and shall have power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening and grading, or in any way change the street lines and sidewalks of this town, and when the power and authority granted by this Section is to be exercised by the mayor and councilmen, it may be done whether the land to be condemned is in the hands of an owner, trustee, administrator, or guardian or agent, in the manner provided by Sections 4657-4685 inclusive, of Volume 2 of the Code of Georgia, of 1895, and the Acts amendatory thereof. The mayor and councilmen may abandon such proceedings at any time upon payment of accrued cost. The mayor and councilmen shall have full power and authority to remove, or cause to be removed, any building, steps, fence, gate, post, or other obstruction or nuisance 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. 33. Be it further enacted, That the mayor and councilmen of said town shall have full power and authority,

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in their discretion to grade, pave, macadamize, or otherwise improve the travel and drainage of the sidewalk, streets, public lanes and alleys of said town. Street improvements. SEC. 34. Be it further enacted, That the mayor and councilmen of said town shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage or any parts of such system, in said town, and around said town, for health, cleanliness and comfort of its inhabitants; and the said mayor and councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains, and public sewers, private water closets, privies and the like, in said town with full power to prescribe the location, structure, uses and preservation and to make such resolutions concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town, with full power also to require changes in, or the total discontinuance of any such contrivances or structures already in existence, or that may hereafter be allowed. When any system of sewerage or drainage shall be constructed by said mayor and councilmen or under their direction, assessments may be made and executions may issue for the expense thereof, under the same rules and governed by the same provisions as assessments and 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 of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and councilmen by appropriate ordinances. Sewerage and drainage.

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SEC. 35. Be it further enacted, That in case any sewer or sewers or parts of same, shall be located upon, or through private property, and the owners of said property refuse to grant right of way for that purpose and such owners and the authorities of said town can not agree upon the damages to be paid for such easement, the damage shall be assessed as in case of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed, not withstanding the entering of an appeal. Rights of way for sewers. SEC. 36. Be it further enacted, That said mayor and councilmen may provide by an ordinance for the execution of the provisions of these Sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Sewerage, charter provisions for, how enforced. SEC. 37. Be it further enacted, That for the purpose of the preservation of the health of the inhabitants of said town, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said town, 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 town as may be necessary for the construction of said system. Extension of sewers beyond city limits. SEC. 38. Be it further enacted, That said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lot owners in said town for sanitary purposes, not to exceed one dollar per annum on each lot so assessed, and said mayor and councilmen are hereby empowered to collect the same by execution

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against the lots so assessed and the owners 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 executions are issued and enforced in said town. The amount so collected shall be for sanitary purposes only. The said mayor and councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided , no residence lot shall be less than twenty feet front; and provided, further, the assessment shall not be made on vacant lots not residence lots sub-divided. Sanitary tax. SEC. 39. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said town of Camak, the mayor and councilmen of said town shall have full power and authority for the assessment, levy and collection, of an ad valorem tax on all real and personal property including money, notes, bonds, and other evidences of debt, money used in banking, and every other species of property in said town or owned or held therein of not exceeding one dollar on the hundred dollars, exclusive of the taxes for public schools as now authorized by law, and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds hereto issued, or that may hereafter issue by said town authorities, and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinances for the returns of all taxable property in said town, and to provide penalties for the neglect or refusal to comply with the same. Ad valorem tax.

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SEC. 40. Be it further enacted, That jurisdiction of the mayor and councilmen and the territorial limits of Camak are hereby extended for police and sanitary purposes, over all the lands that may hereafter be acquired by said city for any purpose, and they shall have power and authority to provide ordinances for the protection of the city property, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said town shall have the authority to arrest any person, or persons, violating said ordinances wherever found, within or without the limits of said town. The mayor and councilmen of said town shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said town for any purpose;also,over the territory which may hereafter be acquired for town cemetery purposes and for a distance of two hundred yards in any direction from the boundary therof and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds,as fully and completely as if the same were wholly located in the corporate limits proper and the police authorities shall have power to make arrests of persons violating same,wherever found, within or without the limits of said town. Protection of municipal property. SEC. 41. Be it further enacted, That the mayor and councilmen shall have full power and authority to contract for or to condemn any land or premises within or without the city for the purpose of erecting any public building; provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provision of Section 4657 and 4686 inclusive, of Volume 2 of the Code of Georgia of 1895, and Acts amendatory thereof. Power of condemnation. SEC. 42. Be it further enacted, That the mayor and councilmen of said town, in their discretion, shall divide the

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real estate of said town into what shall be known as sanitary lots, and shall assess, levy and collect from the owner or owners of each of said lots a tax not exceeding one dollar per year from each lot, which shall be known as a sanitary tax, and which shall be in addition to the other taxes in this charter authorized, and which shall be collected as other taxes under this charter are collected, and which shall be used only for the improvement and betterment of the sanitary condition of said town in such manner as they may prescribe. Sanitary tax. SEC. 43. Be it further enacted, That the mayor and councilmen of said town may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the mayor and councilmen may provide. It shall be their duty to meet as often as necessary, or as the mayor and councilmen may prescribe, and to visit every portion of the town, and report to the mayor and councilmen all nuisances which are likely to endanger the health of the town or the inhabitants thereof; said mayor and councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts or negligence caused such nuisance, or the owner of the property upon which same may be located, as the mayor and councilmen may elect, and execution may issue against said party to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Board of health. SEC. 44. Be it further enacted, That said mayor and councilmen shall have full power and authority to cause owners of town lots, or parts of lots, and cellars, if same

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should prove a nuisance, or board of health should recommend that said lots or cellars be filled or drained, to cause the owners to fill or drain said lots or cellars to the level of the streets or alleys upon which said lots or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the mayor and councilmen may elect, to comply with the requirements of said mayor and councilmen, by draining or filling said lots or cellars, it shall be lawful for said mayor and councilmen to have this work performed and the amount expended in doing so collected by execution, and the sale under such execution shall pass the title to the property. Nuisances. SEC. 45. Be it further enacted, That said mayor and councilmen may by ordinance declare what shall be a nuisance in said town, and provide for the abatement of the same. The mayor's court in said town shall have concurrent jurisdiction with the mayor and councilmen of said town in respect to the trial and abatement of all nuisances in said town. Abatement of nuisances. SEC. 46. Be it further enacted, That said mayor and councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said town of Camak, and enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes, and flues shall be constructed, to change all things that they may deem necessary to protect said town as far as possible from danger from fire, and to prevent conflagration. They also have power and authority to order changes in the construction and arrangement of chimneys, stovepipes

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or flues, or the removal thereof, when in their judgment the same is dangerous, or likely to become so, and make the owner or occupant of the premises pay the expense of the change, as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said town, said mayor and councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said mayor and councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire limits. SEC. 47. Be it further enacted, That said mayor and councilmen may exercise general supervision over all buildings of every character within said town, and shall have the right and authority to exercise said supervision by passing and enforcing such ordinances as may be appropriate. Building regulations. SEC. 48. Be it further enacted, That said mayor and councilmen shall have the power to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violating any such quarantine regulations of said town. They shall have power to build or establish a pest house outside of said corporate limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the town. They shall have the power to compel the removal to the pest house any person or persons who have small pox or other contagious diseases when in their judgment it is best for the welfare and health of the town. They shall have power to compel all persons to be vaccinated, whether they be

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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 ordinances for punishment for persons failing to be vaccinated. Quarantine. SEC. 49. Be it further enacted, That said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said town, to provide place for the burial of the dead, either within or without the corporate limits, to regulate interments therein, and to expend annually a sufficient sum for keeping said cemeteries in proper condition. Protection of cemeteries and church. SEC. 50. Be it further enacted, That all ordinances heretofore adopted by the mayor and councilmen of said town of Camak for said town, and any which are now in force and which are not inconsistent with nor repugnant to this Act, shall remain in full force and effect; provided, that said mayor and councilmen of said town may, at any time, repeal, alter, or amend any of said ordinances. All ordinances, resolutions, rules and regulations passed by said mayor and councilmen shall be recorded in a well-bound book by the clerk of said town, which shall be open to inspection by the public at any and all times, and it shall not be necessary to give any notice to the public of intention to introduce any ordinance, resolution, rule, or regulation, either before or after its passage, other than such notice or publication as is given by recording of the same in the book to be kept as aforesaid by the said town clerk. Ordinances, etc. SEC. 51. Be it further enacted, That the mayor and councilmen of said town shall have the power to grant franchises, easements, and rights of way over, in, under and on

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the public streets, lanes, alleys, parks and other property of said town, on such terms and conditions as they may fix; provided , that no such franchises shall be granted for a term of more than twenty years, nor without compensation to said city, to be provided for in said franchise ordinance, which compensation shall be one per cent. on the annual gross income received from or an 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, etc. SEC. 52. Be it further enacted, That should any person violate any of the ordinances of said town and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor or mayor pro tem., or acting mayor of said town, shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said town escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of said town, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Escapes of fugitives from justice. SEC. 53. Be it further enacted, That the mayor and councilmen of said town shall be empowered and authorized through a committee, or by themselves in the discretion of said mayor and councilmen, whenever necessary to examine into the workings of and business of any officer, and said committee, or mayor and councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Supervision of municipal officers.

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SEC. 54. Be it further enacted, That the mayor and councilmen shall have power to establish a fee bill for the officers of said town, such fees when collected, to be paid into the town treasury. Fee bill. SEC. 55. Be it further enacted, That the mayor and councilmen shall provide for a town prison, which shall be safe and suitable for the keeping and detention of town prisoners and convicts, and may appoint a custodian for the same. Town prison. SEC. 56. Be it further enacted, That said mayor and councilmen shall have full power and authority to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this Section. Lewd houses, etc. SEC. 57. Be it further enacted, That the mayor and councilmen of said town shall have power, upon proper and sufficient proof of ill fame, bawdy houses, lewd or gaming houses or place, to abate the same by causing the occupants thereof to be forcibly removed, after three days' notice, and any property owner or agent who shall after notice of the character of the inmates continue to rent or suffer the same to remain on the premises shall, upon conviction before the mayor be punished as for a violation of the ordinances of the town. Lewd houses. SEC. 58. Be it further enacted, That all executions in favor of the town of Camak for the collection of any fine, forfeiture, assessment, taxes, or other claim, demand or

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debt, shall be issued by the clerk and bear test in the name of the mayor (except when otherwise provided by this charter), and shall be directed to the marshal of said town, and all and singular sheriffs and constables of said State, and shall state for what issued, and be made returnable to the mayor and councilmen of the town of Camak at least within 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 or personal property as may be levied on by him to satisfy said execution, as follows: if the property levied on be real property, it shall be advertised in the same paper in which sheriff's sales are advertised for Warren county, and also by posting a notice at the door of the council chamber in said town of Camak. All of said sales shall be made before the council chamber in said town of Camak and within the usual hours of sale of sheriffs and constables and 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, shall be the same as provided by law for executions for State and county taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent. premium thereon. Whenever at any such sales for taxes due no person present shall bid for the property put up for sale as much as the amount for such execution for taxes and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said town may bid off said property for said town, and the marshal, or such other officer making the sale, shall make the town of Camak a deed to the property sold and deliver the same, and the title thus acquired by the town shall be perfect and complete after the

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period provided for the redemption of the owner shall expire, and the marshal, or other officer making the sale, shall put the town in possession, and the mayor and councilmen of said town shall have no right to divert 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 of Camak. The town clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder; said execution shall also be returnable to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this Section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sale shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Executions for municipal claims. SEC. 59. Be it further enacted, That said mayor and councilmen shall by ordinance provide for the forms of all accusations, affidavits, and warrants to be issued in all trials for the violation of town ordinances and laws of this State, and the procedure in such trials. Nothing in this Section shall operate to repeal the ordinances of the town of Camak now of force prescribing the form of warrants, accusations and affidavits, but the same shall remain in full force and effect until the same are hereby repealed or amended by ordinance duly adopted by said mayor and councilmen. Accusations, etc. SEC. 60. Be it further enacted, That said mayor and councilmen of the town of Camak shall have power and authority to acquire, on behalf of the town of Camak, by

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gift, purchase, lease, or otherwise, grounds suitable for such parks, as in their judgment may be to the interest and welfare of the citizens of said town. They shall have power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this Section. They shall have the right to draw on the ordinary expense fund of said town for said purpose. Public parks. SEC. 61. Be it further enacted, That the mayor and councilmen of the said town of Camak shall have power and authority to adopt and enforce ordinances for said town to protect shade trees on the streets and public places of said town, and to prevent the cutting, injuring or mutilation thereof by telephone or telegraph linemen, or others, unless same is done with the consent and under the direction of said mayor and councilmen, or some officer appointed to direct the same. Protection of trees. SEC. 62. Be it further enacted. That the mayor and councilmen of the town of Camak may require and compel all male persons between the ages of sixteen and fifty, subject to road duty under the laws of Georgia, to work upon the streets of said town not to exceed ten days in each year, at such time or times as the mayor and councilmen may require, or to pay a commutation tax in lieu thereof, not exceeding two dollars and fifty cents in any one year, as said mayor and councilmen may determine by ordinance. Should any person liable to work the streets under this Section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and councilmen may require, shall be deemed guilty of a violation of this Section, and on conviction in the mayor's court in said town, shall be fined in any sum not

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exceeding ten dollars, or imprisoned in the town prison or by labor on the work gang in said town not exceeding twenty days. Said mayor and councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this Section. The street commutation tax as now fixed by ordinance shall remain of force until changed by ordinance of the mayor and councilmen, and the collection thereof enforced under the provisions of this Section. Street work and commutation tax. SEC. 63. Be it further enacted, That the mayor and councilmen of the town of Camak be, and they are, hereby authorized and empowered to levy and collect a tax upon the taxable property within said town annually, not to exceed one-half of one per cent., for the purpose of defraying the expenses of establishing and maintaining the schools therein. School tax. SEC. 64. Be it further enacted by the authority aforesaid, That all children whose parents, guardians, or natural protectors, who, bona fide, reside in the corporate limits of said town, shall be entitled to the benefits of said schools. The said mayor and councilmen may, in their discretion, charge each pupil attending any of said schools an incidental fee, not to exceed six dollars, and may also admit children in said school whose parents, guardians or natural protectors do not reside in the corporate limits of said town, upon the payment of such sum as tuition, or incidental fee, as said authorities may deem proper. School children. SEC. 65. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to employ teachers for said schools, fix their salaries and make rules for the government of said school. School teachers

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SEC. 66. Be it further enacted by the authority aforesaid, That the white and colored children of said town shall be taught in separate schools. separate schools for white and colored. SEC. 67. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall make, or cause to be made, annually, a full and complete list of the pupils in attendance in said schools, who reside in said town of Camak and present same to the County School Commissioner of Warren county, and said School Commissioner is hereby authorized, empowered and directed to pay over to the treasurer of said town of Camak, or such officer as the mayor and councilmen may appoint to receive the same annually, the proportionate part of the public school fund of Warren county that would be devoted to the payment of teachers to instruct and teach the pupils attending school in said town in case there were no public schools in said town. Pro rata part of county school fund. SEC. 68. Be it further enacted, That the provisions of Sections 63, 64, 65, 66, and 67, of this Act, shall be operative under an election heretofore held by the mayor and councilmen under an amendment to the charter of the town of Camak, approved August 22, 1905, which said election, held under the provisions of said Act, resulted in an affirmative vote in favor of the tax provided for in said foregoing Sections. SEC. 69. Be it further enacted, That the mayor and councilmen of the town of Camak shall have full 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 necessary to foster virtue and good

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morals in said town, suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said town 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 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 upon municipal corporations, provided said laws, ordinances, rules and regulations are consistent with the laws of this State. General welfare. SEC. 70. Be it further enacted, That said mayor and councilmen shall have the power to control and regulate the running and operation of all locomotives, trains, street cars, and all vehicles for transportation of persons or freight; to prevent unnecessary noise from locomotives, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for these purposes, and penalties, and enforce the same for violation thereof. Transportation. SEC. 71. Be it further enacted, That the mayor and councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of said town, and to prescribe penalties for violations thereof. Vagrancy. SEC. 72. Be it further enacted, That in case the mayor or any councilmen, while in office shall be guilty of malpractice

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and wilful neglect while in office, or abuse of the power conferred on him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to be impeached by the city council, and on conviction shall be removed from office. Mayor and councilmen impeachable SEC. 73. Be it further enacted, That it shall be the duty of the mayor and councilmen of said town to provide fire protection, and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and for providing any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this Section and protection of property from fires. Fire department. SEC. 74. Be it further enacted, That the mayor and councilmen of said town shall have power and authority to impose a tax on dogs within the said town, not to exceed two dollars each, and shall have the power to enact ordinances providing for the collection of said tax, and authorizing the town marshal and policemen of said town to kill any dogs running at large in said town whose owners refuse to comply with such ordinances. Dog tax. SEC. 75. Be it further enacted, That nothing contained in this Act shall modify, change, alter, or in any manner interfere with the Act of the General Assembly of Georgia establishing a public school system for the town of Camak, approved August 22, 1905, which Act is hereby expressly confirmed and hereby expressly declared to be, and shall continue, in full force and effect. Public schools. SEC. 76. Be it further enacted, That authority to carry out and enforce and effectuate by ordinances, and to provide

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a penalty for violation of said ordinances, whenever in their discretion the mayor and councilmen may deem it necessary, and all further power granted to said town of Camak, as created by this Act, is hereby expressly conferred on the mayor and councilmen of the town now in office and their successors. Corporate powers. SEC. 77. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the town of Camak, and all amendments thereto, and conferring powers on the same are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with and at variance with this Act, are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1910. CANDLER, TOWN OF, INCORPORATED. No. 531. An Act to incorporate the town of Candler, in the county of Hall; to define its limits; to provide for a mayor and council and other officers, and election of the same; to provide for municipal government for said town; to prescribe the powers and duties of the several officers; to provide for rules and ordinances, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Candler, in the

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county of Hall, be, and the same is, hereby incorporated as a town under the name and style of the town of Candler. Candler, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-third of a mile in every direction from the Gainesville Midland depot. SEC. 3. Be it further enacted by the authority aforesaid, that J. O. Simmons be, and he is, hereby appointed mayor; T. H. Boleman, councilman first ward; L. F. Roberts, councilman second ward; W. L. Wofford, councilman third ward; R. J. Whelchel, councilman fourth ward; and W. S. Lancaster, councilman fifth ward; and A. T. Vandiver, marshal. Said mayor, councilmen and marshal to hold office from the date of the approval of this bill until the annual election as hereinafter provided. Mayor, councilmen and marshal. SEC. 4. Be it further enacted, That on the first Wednesday in December, 1910, and annually thereafter on the second day an election shall be held in such said town as shall be designated by the council of said town, for mayor and five councilmen, who shall hold their office for one year, and until their successors are elected and qualified; but no one shall vote or be eligible to the office of mayor or councilman of said town who is not a resident of said town, and who has not been a resident of the State of Georgia twelve months, or of the county of Hall six months, and of the town of Candler three months. Said election shall be held and conducted in the same manner as elections for county officers in the State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the offices to which they have been elected. Election and term of mayor and councilmen.

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

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SEC. 9. Be it further enacted, That said mayor and councilmen shall have power to levy and collect taxes not exceeding one dollar on every hundred dollars upon all the property, both real and personal, within the corporate limits of said town. They shall also have power to compel all persons within said corporate limits who are subject to road duties under the laws of this State to work on the streets of said town, or to prescribe a commutation tax, which may be paid in lieu of work on the streets; provided, that the corporate limits shall extend only as prescribed in Section 2 of this Act, for the purpose of raising the said tax of one dollar on every hundred dollars. Taxation. SEC. 10. Be it further enacted, That the mayor and council of said town shall have power to pass any ordinances not in conflict with the Constitution or laws of this State or of the United States; to prohibit the storage or keeping of wine, beer, white hops, malt or intoxicating liquors of any kind for any illegal purpose within the corporate limits of said town, and to punish any person for violating the said laws or ordinances. Keeping of intoxicants. SEC. 11. Be it further enacted, That said mayor and council shall have power to remove or abate any nuisance in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they prescribe by ordinance or resolution. Nuisances. SEC. 12. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem., who shall be elected by the councilmen from their own number; shall be chief executive officer of said town; he shall see that ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of the police of said

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town, and may appoint special police whenever he may deem it necessary; and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all violators and disorderly persons of said town; he shall have power to issue executions for all fines, penalties and cost imposed by him, and he may require the immediate payment thereof, and in default of immediate payment thereof, he may imprison the offender in the guard house of said town not exceeding fifty days, or may order the offender to work not exceeding fifty days on the streets of said town under the direction of the marshal of said town; provided, that no fine shall exceed fifty dollars for any one offense; but the mayor is hereby invested with full power and authority to inflict any such offense either one or more or all of said penalties, in the discretion of the mayor. Executive powers of mayor. SEC. 13. Be it further enacted, That if at any time the office of mayor or councilman shall have become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office under the provisions of this charter. Vacancies. SEC. 14. Be it further enacted, That in the meetings of said council the mayor shall not be allowed to vote except in cases of all elections, and a tie vote of the council. Vote of mayor. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910.

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COLLEGE PARK, CITY OF, LIGHT AND WATERWORKS COMMISSION. No. 408. An Act to amend an Act entitled An Act to repeal all laws amendments to laws heretofore passed incorporating the city of Manchester, to provide for incorporating said city under the name of College Park, etc., and for other purposes. approved December 16, 1895, and an Act amendatory thereof providing for the establishment, maintenance and operation of an electric light system and a waterworks and sewerage system, etc., approved August 17, 1908, and other laws amendatory thereof, so as to provide for the creation of a waterworks and electric light commission for said city of College Park, to provide for the number and qualification of the members thereof, their election, terms of office, duties and powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act repealing all laws and amendments heretofore passed incorporating the city of Manchester and providing for the incorporation of said city under the name of College Park, approved December 16, 1895, and the Act amendatory thereof providing for the establishment, maintenance and operation of a system of electric lights and waterworks and sewerage in and for said city, approved August 17, 1908, be and the same are, hereby amended as follows: College Park, city of. SEC. 2. Be it enacted by the authority aforesaid, That there shall be a commission in and for said city of College

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Park known as the College Park Waterworks and Electric Light Commission, consisting of five persons, namely: J. B. Hardin, whose term of office shall be for three years and until his successor is elected and qualified; W. J. Harris, whose term of office shall be for two years and until his successor is elected and qualified; G. B. Findlay, whose term of office shall be for two years and until his successor is elected and qualified; C. A. Wickersham, whose term of office shall be for one year and until his successor is elected and qualified; and Wm. S. Cox, whose term of office shall be for one year and until his successor is elected and qualified. Waterworks and electric light commission. SEC. 3. Be it further enacted by the authority aforesaid, that upon the expiration of the term of office of any member of said commission, his successor shall be elected by the mayor and council of said city of College Park for the full term of three years from among persons who are citizens of said city and not connected with the government of said city in any other capacity. In case of vacancy, the same shall be filled in like manner as members are elected. Members of commission, how elected. SEC. 4. Be it further enacted by the authority aforesaid, That said commissioners shall receive such salary as the mayor and council of said city shall determine, and shall each give bond to said mayor and council in such sum as may be determined by said mayor and council, which bond shall be conditioned upon the faithful performance of the duties of the members of said commission. Salary and bond. SEC. 5. Be it further enacted by authority aforesaid, That in case of incompetency of malfeasance in office of any member of said commission, the mayor and council of said city shall constitute itself a court of inquiry, and if, upon investigation, the charge is proved to be well founded,

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said mayor and council shall have power to declare the office vacant, and thereupon may proceed to fill the vacancy by election in the manner hereinbefore provided. Members of commission removable for cause. SEC. 6. Be it further enacted by authority aforesaid, That said commission shall have full and complete charge of the creation, building and operation of a waterworks and sewerage system and an electric light system, either or both, as may be provided in said city of College Park, and shall have all the powers now vested in the mayor and council of said city for this purpose. Said commission shall have the authority to regulate the water and light rates in and for said city; and shall also have authority to make any and all contracts with any individual, firm, corporation or municipality for the supply of water and electric current either to or by said city. Said commission shall have full and entire control of the waterworks and sewerage system and the electric light system of said city, shall name the several employees, shall fix their salaries, prescribe their duties, and shall have the right to discharge any employee in said department. Powers of commission. SEC. 7. Be it further enacted by authority aforesaid, That as soon as any bonds shall have been issued and sold by said city of College Park for the purpose of creating a waterworks and sewerage system and an electric light system, either or both, in and for said city, the proceeds derived from a sale of said bonds shall be turned over to said commission by the mayor and council of said city, taking the receipt of said commission therefor, and it shall be the duty of said commission with said proceeds to build, erect, maintain, and operate a waterworks and sewerage system and an electric light system, either or both, as may be provided for, in and for said city, and to this end said commission shall

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have full and complete authority to make all contracts for labor and supplies incident to the building and maintenance of such systems, and may in their discretion purchase and acquire any property now owned by any individual, firm or corporation necessary or incident to the carrying out of the purposes herein expressed, all purchases and contracts to be made in the name of and for the benefit of said city of College Park. Works, how constructed. SEC. 8. Be it further enacted by authority aforesaid, That it shall be the duty of the chairman of said commission who shall be elected by said commission at its first meeting, to audit all accounts, approve all bids, supervise all orders for supplies and materials which may be needed for either said waterworks and sewerage system or for said electric light system, and make to said commission a report of all of his acts and expenses at each regular meeting of said commission, which meeting shall be held once a month at the council chamber in said city of College Park at such time as said commission may determine. The chairman of said commission shall also have authority to call special meetings of said commission at any time in his discretion. All meetings of said commission shall be public. Chairman of commission, duties of. SEC. 9. Be it further enacted by authority aforesaid, That it shall be the duty of the remaining members of said commission to regularly inspect the erection, maintenance and operation of said systems, and advise with the chairman in all matters, and shall meet with him once a month, and oftener upon call by him, when they shall make a full and complete examination of his acts and expenses, and approve or disapprove the same as their judgment may dictate. No contract shall be let by said commission involving $1,000, or more, and no supplies purchased in the amount of $1,000, or

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over, without the approval of a majority of said commission in meeting assembled. Members of commission, duties of. SEC. 10. Be it further enacted by authority aforesaid, That said commission shall elect one of their number to be clerk and treasurer of said commission, whose duty it shall be to keep all funds handled by said commission and accurate minutes and records of the proceedings of said commission. Said funds shall be payable only on warrants approved by the chairman of said commission and countersigned by the treasurer. Said treasurer shall be required to give bond to said commission for the faithful accounting for all moneys coming into his hands in such amount as said commission may think proper, the expense of such bond to be paid from money coming into the hands of said commission. Clerk and treasurer. SEC. 11. Be it further enacted by authority aforesaid, That said commission shall make to the mayor and council of said city a quarterly report on the second Monday in September, December, March and June of each year, showing in detail the physical and financial condition of said waterworks and sewerage system and said electric light system, and shall also be required to make such other reports as said mayor and council may determine. After paying all operating expenses of said waterworks and sewerage system and said electric light system, said commission shall semi-annually in December and June of each year, pay over to said mayor and council all moneys coming into its hands over and above such operating expenses, said moneys so paid to said mayor and council to be a part of the general revenue of said city and disbursed as said mayor and council may see fit. Reports of commission.

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SEC. 12. Be it further enacted by authority aforesaid, That all moneys collected by the superintendent and others in the employ of said commission shall be turned over to the treasurer of said commission, who shall receipt for the same, keeping a duplicate thereof, and said duplicate receipts shall be turned in to said mayor and council at each quarterly report of said commission. Receipts of treasurer. SEC. 13. Be it further enacted by authority aforesaid, That no member of said commission shall be capable of contracting with said commission, either individually or as agent for any individual, firm or corporation, for the performance of any work to be paid for by said commission or in the purchase of any supplies by said commission, nor shall any member of said commission be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly. Graft prohibited. SEC. 14. Be it further enacted by authority aforesaid, That it shall be the duty [Illegible Text] the city attorney of said city of College Park to advise with said commission on all matters submitted to him by said commission and to perform such legal duties as may be required of him by said commission. City attorney. SEC. 15. Be it further enacted by authority aforesaid, That in case the revenue from said waterworks and sewerage system and said electric light system shall not be sufficient to meet the current expenses or necessary expenses incurred in operating said waterworks and sewerage system and said electric light system, then and in that event it shall be the duty of said mayor and council to appropriate such sums for the purpose indicated as may to them seem proper. Maintenance of plants.

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SEC. 16. Be it further enacted by authority aforesaid, That said commission may enact such rules and regulations as to them may seem proper for the management and control of said waterworks and sewerage system and said electric light system, and the mayor and council of said city shall have the right and power to punish all persons for violations of the same. Said commission may require payment in advance for the use of water and electric current, or at maturity, in their judgment, and in case payment shall not be made as required, may shut off lights and water from all buildings, places and premises, and may keep the same shut off in their discretion until all arrears, with interest and other proper charges thereon, shall be fully paid. Regulations for use of water and lights. SEC. 17. 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 11, 1910. COLUMBUS, CITY OF, INVESTED WITH TITLE TO LAND. No. 337. An Act to vest in the city of Columbus, Georgia, title to certain land now used for streets, and known as all that part of Eleventh street, (formerly Mercer street), and extending to Seventh avenue, and all that part of Seventh avenue lying North of the intersection of said avenue with the street leading to the culvert under the Central of Georgia Railway Company tracks, with power in said

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city to close said land for use as public streets and to sell and convey the same, or exchange, for other land to be used for street extension, 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 title, now vested in the State, shall vest absolutely in fee simple and without any limitations or conditions, in the city of Columbus, in this State, to the following described land in said city now used for street purposes, to-wit: All that tract and parcel of land known as part of Eleventh street, (formerly St. Clair street), lying East of Sixth avenue, (formerly Mercer street), and extending to Seventh avenue, and all that part of Seventh avenue lying North of the intersection of said avenue with the street leading to the culvert under the tracks of the Central of Georgia Railway Company, with power in said city to close said land, or any part thereof for use as a public street and to sell and convey the same, or any part thereof, or to exchange said land, or any part thereof, for other land to be used for street extension or extensions, and in such sale or exchange to convey to the purchaser good and sufficient title in fee simple thereto, the proceeds of such sale or sales, or any surplus in cash, if any, in case of exchange of said land, to be covered into the treasury of the city, and to be used and expended in such manner as the mayor and board of aldermen of said city may determine. Provided, however, that no part of Eleventh street East of Sixth avenue, fronting the property of the First African Baptist Church, Columbus, Ga., shall be closed by the city without consent of said church, unless said church and the city agree upon proper compensation for damages to said church for closing said part of said street. Columbus, city of. Eleventh street and Seventh avenue.

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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 3, 1910. COLUMBUS, CITY OF, TO SELL PART OF COMMONS. No. 333. An Act to authorize the sale of part of the commons of the city of Columbus at the intersection of Cemetery street and Seventh avenue, known as the Broad Street Methodist Parsonage 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 same, that from and after the passage of this Act, that the trustees of the Broad Street Methodist E. Church, South, at Columbus, Georgia, be, and they are hereby authorized and empowered to sell at public or private sale that part of the commons of said city, situated at the intersection of Cemetery street and Seventh avenue, and of dimensions as follows: East line on Seventh avenue, one hundred and twenty (120) feet; West line ninety (90) feet; North and front line, sixty-six (66) feet on Cemetery street, and Southern or rear line sixty (60) feet; containing [UNK] of an acre, more or less. Columbus, city of. Commons at intersection of Cemetery street and Seventh avenue. SEC. 2. Be it further enacted by the authority aforesaid, That the proceeds derived from the sale thereof, be invested in other property for church purposes.

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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 3, 1910. COLUMBUS, CITY OF, TITLE TO COMMONS. No. 394. An Act authorizing the commissioners of commons of the city of Columbus as created by an Act of the General Assembly, approved February 18th, 1873, to convey to the city of Columbus the title in fee simple to certain commons lands, located on the South and East commons in the city of Columbus, said lands to be used and devoted for a public park and play ground, for the recreation, pleasure and amusement of the general public, as the corporate authorities of the city may direct, and for no other purposes. Whereas, the General Assembly by an Act approved February 18th, 1873, conveying the title in fee simple to the lands known as the commons of the city of Columbus to certain persons constituting a board of commissioners, to have and to hold said property in trust for certain purposes in said Act specified; and, Columbus, city of. Whereas, by the terms of the said Act the said commissioners were empowered to have said commons surveyed and laid off into lots, and to set aside so much of said commons as said commissioners may deem proper for parks; and,

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Whereas, the said board of commissioners have reserved and set aside a tract of land in said commons, hereinafter described, for the purpose of a public park, which said tract of land the said commissioners desire shall be conveyed to the city of Columbus under certain limitations and restrictions, for park purposes, therefore it is enacted as follows: 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 board of commons commissioners of the city of Columbus be, and they are hereby authorized, empowered and directed to convey to the city of Columbus, in Muscogee county, Georgia, the following described tract of land, towit: All of that portion of the South and East commons of the city of Columbus lying south of Fourth street and extending across the Chattahoochee river to the southern boundary of the city of Columbus, which lies East of Fourth avenue to Tenth avenue, except that portion of said area which is now enclosed as a part of the colored cemetery; also all that portion of block No. 53 of the South commons lying west of what is known as the colored cemetery, which has not been heretofore sold by said commissioners of commons. Part of commons to be conveyed to city. SEC. 2. Be it further enacted by the authority aforesaid, That said commons to be conveyed to the city of Columbus, as described in the first Section of this Act, shall be conveyed to said city absolutey and unconditionally, in fee simple, but shall be kept open and used only for the purpose of a public park and play ground, and to be devoted to such amusement and pleasure as the corporate authorities of the city of Columbus may designate; and that the city of Columbus shall have no power or authority to convey any part or

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portion of said tract of land described in Section 1 of this Act without the assent of two-thirds of the qualified voters of the said city at a special election to be held for that purpose; and that said tract of land when so conveyed shall be used and devoted only for the uses and purposes designated in this Act. Public park. SEC. 3. 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 10, 1910. COLUMBUS, CITY OF, TITLE TO WATER LOT 19. No. 294. An Act to define water lot number nineteen (19) in the city of Columbus, Muscogee county, Georgia, to confirm the title thereto in the Eagle Phenix Mills, 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, what is known as water lot number nineteen (19) in the plan and survey of water lots in the city of Columbus, Muscogee county, Georgia, shall be as defined and outlined by the map made by John Bethune, surveyor, December 6th, 1841, under authority of the Act approved December 22nd, 1840, entitled an Act to authorize the mayor and council of Columbus to define Bay street and lay off water lots thereon, etc, and of the city council of Columbus in its resolutions of

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August 19th, 1841, and recorded in the proceedings of the city council of Columbus in minute book three (3), page forty-two (42), and said lot, as defined by said map as fronting on what is now Front street, and was formerly Bay street, according to the original plan and survey of the city of Columbus, is declared to be of the width of seventy-two feet fronting on said Front, formerly Bay street, and running squarely back to high water mark on the West bank of the Chattahoochee river. Columbus, city of, water lot No. 19. SEC. 2. Be it further enacted, That what was known as Randolph street according to the plan and survey of the city of Columbus made under the Act providing for laying out and defining the city of Columbus, approved December, 24th, 1827, and now known as Twelfth (12th) street is hereby defined to be fifty feet (50 ft.) in width for that part of said street lying West of the intersection of said street and what is now Front (formerly Bay street) street, and the North boundary line of said 12th street so lying West of said intersection shall be defined to be a line at every point fifty feet North of what is the South line of Twelfth street extended East and West according to the original plan and survey of the city of Columbus, and twenty-seven (27 ft.) off of the South part of water lot number nineteen as defined in the preceding Section is appropriated for and added to twenty-three feet of what was originally Randolph, now Twelfth (12th) street, so as to make and maintain said 12th street so defined, a street fifty feet wide extending from the aforesaid intersection Westward and as an approach across water lots 19 and 20 of said water lot survey for any bridge which hereafter may be constructed across the Chattahoochee river at the foot of said Twelfth (12th), formerly Randolph street. Twelfth street.

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SEC. 3. Be it further enacted, That the title of said water lot number nineteen (19), the limits of which are so defined in the preceding Sections, is confirmed to and shall vest in fee simple in the Eagle Phenix Mills, and all grants of said lot heretofore made by the city of Columbus by deed, resolution or otherwise to said Eagle Phenix Mills and its predecessors in title are confirmed, and the resolutions of the city of Columbus authorizing the plan and survey of said water lot number nineteen (19) under the Act aforesaid are confirmed and ratified. Title to water lot No. 19. 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 July 12, 1910. COMER, TOWN OF, BONDS FOR WATERWORKS. No. 561. An Act to authorize the council of the town of Comer, in the county of Madison, to order and have held an election by the qualified voters of said town to determine whether or not bonds shall be issued by the town of Comer, to be sold for the purpose of purchasing, establishing, maintaining, building and acquiring a system of waterworks and a sewerage system for said town of Comer, and to authorize the issuing of said bonds, and the assessing, levying and collecting a tax on all property, both real and personal, in said town of Comer for the purpose of paying interest on said bonds as well as the principal thereof, 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 councilmen of the town of Comer, in Madison county, are authorized and empowered to have held an election by the qualified voters of said town at such time as said council may designate, to determine whether or not bonds may be issued by the said town of Comer in a sum not to exceed twenty-five thousand ($25,000.00) dollars, to be sold for the purpose of purchasing, establishing, maintaining, building and acquiring a system of waterworks and a system of sewerage for said town of Comer. Said election shall be held in accordance with the provisions of Section 377 to 380, inclusive, and amendments thereof, of the Code of Georgia of 1895, and at said election the ballots used shall be: For Bonds, and Against Bonds. Comer, town of, election for waterworks bonds. SEC. 2. Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds for said purposes, that the council of said town of Comer shall be, and are hereby authorized to issue the bonds of said town of Comer in a sum not to exceed $25,000.00, in the aggregate. Said bonds shall be designated waterworks and sewerage bonds of the town of Comer, and shall be issued in whatever amount or amounts said council may deem to the best interest of said town of Comer, numbered consecutively, and shall draw interest at not exceeding six per cent. per annum, payable annually or semi-annually, on such dates as said council may fix, and be for the term not to exceed thirty (30) years. Such bonds when so issued shall be sold by the council in such way as may seem most advantageous for said town for not less than par, and the proceeds thereof shall be used for purpose of purchasing, establishing, maintaining,

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building and acquiring a system of waterworks and a sewerage system for said town of Comer, and no other purpose. Bonds, how issued and sold. SEC. 3. Be it further enacted by the authority aforesaid, That the council of said town of Comer shall be, and is, hereby authorized and empowered to annually assess, levy and collect a tax on all property, both real and personal, in the corporate limits of said town, in such sum as they may deem right, proper and necessary, in accordance with law, for the purpose of paying the interest on said bonds, and also to create a sinking fund sufficient to redeem and pay off said bonds at the maturity thereof, and the tax assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys belonging to said town, and shall be used solely for the payment of the interest on said bonds as it may [Illegible Text] and for the creation and accumulation of a sinking fund for the payment of the principal of the same. Tax to pay bonds. SEC. 4. 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 council of said town may, at any time after the expiration of six months from the date of said first election, order another election under the provisions of this Act. Other elections. SEC. 5. Be it further enacted by the authority aforesaid, That whenever any contest arises over said election for bonds, same may be contested in accordance with Section 111 of the Political Code of Georgia of 1895, same to be heard by the ordinary and under the rules and regulations as designated in said Section. Contested election.

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SEC. 6. Be it further enacted by the authority aforesaid, That said council of the town of Comer shall have authority, after the issuance of bonds as prescribed in the foregoing Sections, to do all acts necessary to the carrying out of the purchasing, establishing, maintaining, building and acquiring a system of waterworks and sewerage system for said town of Comer. Construction and maintenance of system. 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 15, 1910. COMMERCE, CITY OF, CHARTER AMENDED. No. 424. An Act to amend 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

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for the issuing of bonds for the establishing 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. Approved August 17, 1909. SECTION 1. Be it enacted by the General Assembly in the State of Georgia, and it is hereby enacted by the authority of the same, That Section 76 of said Act, approved August 17, 1909, be, and the same is hereby amended, by striking out in the twelfth line of said Act the words one-fourth of one per cent., or twenty-five cents, and by inserting in lieu thereof the words one-half of one per cent., or fifty cents, so that said Section when amended shall read as follows: 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 ad valorem 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-half of one per cent., or fifty 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 system in city of Commerce. Commerce, city of. Taxation.

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SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1910. CARNEGIE, TOWN OF, INCORPORATED. No. 448. An Act to incorporate the town of Carnegie, in the county of Randolph; to grant certain powers and privileges to the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That Carnegie, in the county of Randolph be, and the same is hereby incorporated as a town, under the name of the town of Carnegie. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of the mayor and council of the town of Carnegie they may sue and be sued, contract and be contracted with, and exercise all other corporate powers that may be necessary in performing their duties. Carnegie, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend five-eights of one mile eastward, northward, southward and westward from the point where the public road now crosses the Georgia, Florida and Alabama Railroad in said town. Corporate limits. SEC. 3. Be it further enacted, That O. H. Sanders be, and he is hereby appointed mayor; G. R. Swann, C. I. Mills, J. B. Wall, H. S. Page, W. M. Grubbs, be, and they are

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hereby appointed councilmen of said town of Carnegie, to hold their offices until the first annual election as hereinafter provided. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That on the first Wednesday in January, 1911, and every year thereafter on the same day, an election shall be in the council chamber in the said town for a mayor and five councilmen, who shall hold their offices for one year and until their successors are elected and qualified; but no one shall vote for, or be eligible to the office of mayor or councilmen of said town who does not reside at the time, and for three months prior to an election, within the corporate limits thereof; who is not qualified to vote for members of the General Assembly of the State of Georgia. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. All contest concerning said elections shall be heard and determined by the ordinary of said county, but no such contest shall be allowed or heard unless begun within five days after said election. In the event that the office of mayor or any councilman shall become vacant by death, resignation, removal, or otherwise. The mayor, but in case his seat is vacant, a majority of the councilmen shall order a new election, notice of which shall be given at lest ten days before said election is held, and to be conducted as herein set out. Election of successors. Vacanices. SEC. 5. Be it further enacted, That before entering on the discharge of their duties, the mayor and councilmen shall take and subscribe to the following oath, which may be administered by any person authorized by law to administer oath: I do solemnly swear that I will faithfully discharge

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all the duties devolving on me as mayor, or councilmen, (as the case may be), of the town of Carnegie, Randolph county, according to the best of my ability; so help me God. Oath. SEC. 6. Be it further enacted, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town, not inconsistent with the laws of this State. They shall have the power to purchase, hold and convey property insofar as may be necessary for the management of said town; to abate nuisances; to take such steps for the preservation of the health of the citizens of said town as they may deem necessary; to establish and open such streets in said town as the public interest may require, and to devise such means for the protection of its citizens from loss by fire as they may deem necessary. Corporate powers. SEC. 7. Be it further enacted, That the said mayor and council shall have power to levy and collect an ad valorem tax, if not exceeding three-quarters ([frac34]) of one per cent., upon all property, both real and personal, within the corporate limits of said town, except as hereinafter set out; also such business or occupation tax as they may determine; the collection of said taxes may be enforced by execution and levy and sale of property, as in case of property liable for State and county taxes; all levies of executions to be by the marshal, or his deputy, and to be conducted as sales by the sheriff of this State in case of tax executions, except when personal property is levied on; advertisement and sales shall be before the council chamber in said town. They shall also have power to require all persons within said corporate limits, after ten days residence therein, and who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation

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tax which may be paid in lieu of work on the streets; and shall have power to imprison any defaulter who fails or refuses to work said streets when required so to do, in the guard house of said town, such imprisonment not to exceed three days, for every day he fails to work as required. Taxation. SEC. 8. Be it further enacted, That all persons, firms or corporations owning property in said town, except as hereinafter set out, on the first day of April of each year, shall be required to make returns thereof for taxes, under oath, to the tax receivers of said town, and on failure so to do, shall be deemed a defaulter and be doubled taxed by the tax receiver of said town. On failure of any person, firm or corporation, as aforesaid, to pay taxes assessed, executions shall issue therefor as may be provided by the mayor and council. Tax returns. SEC. 9. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem., (who shall be elected by the councilmen from their own number) who shall be the chief executive officer of said town; he shall see that the ordinances, by-laws, rules and orders of council are faithfully executed; he shall hold police courts, try offenders for violation of ordinances and rules prescribed for the government of said town, and may punish violators of the same by such fine or imprisonment, or both, or work on the streets of said town, as may be prescribed by the mayor and council; and when sitting as a court may fine for contempt, or imprisonment for such, not exceeding five days, any person misbehaving in the presence of said court or failing to obey its lawful summons; he shall have power to issue executions, attested by the Clerk, for all fines, penalties and writs issued by him, or he may require the immediate payment thereof, or, in default of such payment he may imprison

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the offender in the guard house of the said town not exceeding thirty days; he shall have control of the police of said town, and may appoint special police whenever he may deem it necessary; it shall be his duty to see that the peace and good order of the town are preserved and that the citizens and property are protected; and to this end he may cause the arrest and detention of all violators and disorderly persons in said town. Police court. SEC. 10. Be it further enacted, That the said mayor and councilmen, at the first meeting after their qualifications (or at the next meeting, if they deem best), shall elect a clerk, who may be one of their own number or any citizen of said town, said clerk shall also be the tax receiver of said town, and shall issue all executions for taxes and collections of fines and other indebtedness, except when otherwise provided; and shall sign all summons or other process pertaining to the mayors court. Said mayor and council shall also elect a treasurer, who shall also be the tax collector, from their own number, or from any citizen of said town; they shall also elect a marshal, and prescribe the duties of the several officers elected. From all of said officers a bond shall be taken, such sum as the council may require, to be approved by the mayor, conditioned for the faithful discharge of their duties. They shall also take and subscribe an oath that they, and each of them, will well and faithfully discharge their several duties as clerk, treasurer, or marshal, as the case may be, to the best of their skill and knowledge. Clerk, treasurer and marshal. SEC. 11. Be it further enacted, That the mayor, and clerk, treasurer and marshal shall respectively receive such compensation for their service as the members of the council may prescribe by proper ordinances. The members of the

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council shall not receive any salary, but shall be exempt from street tax during the continuance of their official term. Compensation of officers. SEC. 12. Be it further enacted, That said mayor and council shall have power and authority to tax all shows, auctioneers, sleight-of-hand performances, gift enterprises, pool and billiard tables, wheel of fortune and other like enterprises, as they may deem most to the interest of said town. Specific taxes. SEC. 13. Be it further enacted, That the manufacture or sale of spirituous, malt, or intoxicating liquors of any kind and in any quantity shall be, and is hereby prohibited and forbidden within the corporate limits of said town. Any person violating this clause shall be subject by the grand jury of the county, and be punished as the law provides. Manufacture or sale of intoxicants. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1910. CRAWFORD, TOWN OF, CHARTER REPEALED. No. 305. An Act to repeal an Act to incorporate the town of Crawford, in the county of Oglethorpe, and for other purposes, approved February 28, 1876, and to dispose of the property rights and obligations of said town. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:

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SECTION 1. That the Act approved February 28, 1876, entitled an Act to incorporate the town of Crawford, in the county of Oglethorpe, and for other purposes, be, and the same is hereby repealed. Crawford, town of, charter repealed. SEC. 2. Be it further enacted, That all property, rights and obligations of said town do devolve upon such municipal corporation as shall be hereafter enacted, including the territory of said town of Crawford. Property rights. SEC. 3. Be it enacted by authority aforesaid, That all laws and parts of laws in conflict herewith are repealed. Approved July 26, 1910. CRAWFORD, CITY OF, INCORPORATED. No. 306. An Act to incorporate the city of Crawford; to define its limits; to provide for its government; to define its rights and liabilities; to provide for the issuance of bonds for school and other municipal improvements, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. SECTION 1. That from and after the passage of this Act the inhabitants of the territory in the county of Oglethorpe, in said State herein designated shall be and become a body corporate, under the name and style of the city of Crawford, and shall be invested, besides the powers herein specially

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designated, with all the rights and powers and privileges incident to municipal corporations under the laws of the State, and said city under such name may sue and be sued, contract and be contracted with, have and use a common seal, acquire necessary and desirable for the purpose of said corporation, and make through its officers such rules and regulations and ordinances as are deemed proper for the welfare and for the good government of said municipality, and do all acts for the conduct of its welfare, not inconsistent with law. Crawford, city of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said municipality shall extend for one thousand and twenty-five (1,025) yards in every direction from the Georgia Railroad depot as now located in Crawford, Ga. Corporate limits. SEC. 3. Be it further enacted, That the government of said municipality shall be vested in a mayor and five councilmen, to be known as the city council. No person shall be eligible to either office unless he is a qualified voter of the municipality and has resided within its bounds for 12 months preceding the election. Their term of office is from January 1st after their election for twelve months, and until their successors are elected and qualified. Mayor and councilmen. SEC. 4. Be it further enacted, That on the second Tuesday in December of each year an election shall be held in said city for mayor and councilmen for the succeeding year. Said election shall be presided over by two members of the city council, but if such officers do not appear at the polling place, to fix by ordinance, free-holders of the city may act in their place. The managers shall take an oath impartially to conduct the election and to make true returns thereof. The

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returns shall be made to the clerk of council, who shall declare the result. Election. SEC. 5. Be it further enacted, That should an election not be held at the proper time, or should it result in a tie, or fail for other cause, the mayor and council shall forthwith call an election to take place after the posting of notice thereof in three public places in said city, or publishing the same twice in the newspaper, if one be published in said city, for ten days before the time fixed. All special elections shall be similarly called and advertised. When held. SEC. 6. Be it further enacted, That at all municipal elections, all persons who have resided within said municipality for 90 days immediately preceding the election, and who would be entitled to vote for member of the General Assembly, if the election were for such, shall be entitled to vote. Any person who shall knowingly vote when not entitled to, shall be guilty of a misdemeanor, and be punished on conviction as prescribed in Section 1039 of the Penal Code of 1895. Voters. SEC. 7. Be it further enacted, That all officers of said municipality, before entering upon their duties, shall take an oath before the mayor, or some other person authorized to administer an oath, that he will faithfully perform the duties of the office to the best of his skill and power, and shall give such bond as the city council may by ordinance have required. Oath of officers. SEC. 8. Be it further enacted, That the city council shall designate one of its members, by entry upon its minutes, to act as mayor pro tem, and he shall exercise all the powers of mayor whenever for any cause the mayor cannot act. Mayor pro tem.

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SEC. 9. Be it further enacted, That the city council shall appoint one of their number clerk and treasurer. They shall elect one city marshal, to hold office until January 1st following, unless removed for good cause. They may appoint an assistant marshal fixing his duties by ordinance. They may if special emergency calls therefor employ special police to assist the marshal. The city council may by ordinance fix the salary of mayor or councilmen shall be effected during the term of office of the city council making it. Clerk, treasurer and marshal. SEC. 10. Be it further enacted, That the mayor is the chief executive officer of the city, and shall preside at all the meetings of the council, except in the trial of an appeal from his decision in the mayor's court. He shall have no vote in council except in case of a tie. He is especially charged with the enforcement of the ordinances of the city, and the good government thereof. Executive powers of mayor. SEC. 11. Be it further enacted, That the treasurer shall keep safely all funds of the city and pay the same out only on authority of the city council, and upon vouchers countersigned by the mayor or a councilman. As clerk he shall keep an accurate record of all meetings of the city council. He shall also be charged with the keeping of the tax books as herein provided, and with the oversight of the collection of the taxes. Duties of clerk and treasurer. SEC. 12. Be it further enacted, That each city council before retiring from office shall carefully audit the books of the treasurer and examine his vouchers and prepare and publish a statement showing the receipt and expenditures of the year of their administration and the condition of the treasury. They shall likewise turn over to their successors a statement of all unpaid taxes. Audit of treasurer's books.

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SEC. 13. Be it further enacted, That the city council shall meet in regular session once a month, at such time and place as may be fixed by ordinance, with power to adjourn over to any other time. The mayor may call them in special session at any time on notice to each councilman who can be reached with notice, or in the absence of the mayor any councilman may so convene the council. At all meetings of the city council four shall be a quorum. Meetings of council. SEC. 14. Be it further enacted, That the marshal and his assistants, if any, shall execute the orders of the city council, shall collect the taxes; shall have supervision of the streets. He shall have the power of a constable in executing all criminal warrants throughout the county of Oglethorpe, and for offenses against the ordinances of said city he may, within its limits, arrest without a warrant upon information that he deems reliable. He shall have such other duties as the city council may ordain. Marshal, duties of. SEC. 15. Be it further enacted, That the city council shall fill any vacancy in the office of mayor by election thereto of one of their number, or by electing thereto some citizen of the city of Crawford. They shall also fill vacancies in the office of councilman, marshal or other office. Vacancies. SEC. 16. Be it further enacted, That municipal offenses shall be tried as speedily as possible before the mayor, who shall have power to compel the attendance of witnesses and the production of books and documents, to punish for contempt of court, and to sentence offenders to a fine not exceeding one hundred dollars, or imprisonment in the city jail not exceeding 30 days, or to labor upon the city streets not exceeding 30 days, one or more or all in his discretion. From the decision of the mayor in such case the accused

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may within three days appeal in writing to the city council, who shall try the case with the same powers as defined above for the mayor, in which trial the member who previously tried the matter shall be disqualified. The mayor shall further have all the powers of a justice of the peace in issuing warrants for State offenses, and in holding courts of inquiry and making commitment therefore, and it in any trial before him it appears that there has been an offense committed against the State, he shall bind the offender over to the proper court. Police court. SEC. 17. Be it further enacted, That the city council may by ordinance establish a recorder's court in lieu of said mayor's court, electing a recorder and defining his duties and fixing his salary, his powers being those above prescribed for the mayor, but without appeal to the council. Recorder's court. SEC. 18. Be it further enacted, That certioraries from municipal courts shall be as provided by law. Certiorari. SEC. 19. Be it further enacted, That the city council shall have power to tax all personal property of its citizens and all real property within the corporate limits not exceeding one per cent. of its value. They shall provide for ordinance for the return of all such property for taxation to the clerk, who shall make a digest thereof and submit the same to the city council not later than August 15th each year. Should the council be dissatisfied with any return, they may require the person making it to appear before them, and after investigation may alter such return to conform to the truth. Should any real estate be not returnable the clerk shall assess the same and enter it on his digest. Should any personal estate liable to tax in said city be not returned, he shall likewise assess and double tax it. Said

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city shall have power to tax railroads, telegrams, telephones, banks, and other forms of property under the laws respectively applicable thereto. Upon completion of the digest and not later than October 1st, the city council shall levy such a per cent. upon the taxable property of the city not exceeding one per cent., as they deem needful, and post said levy in some public place. It shall be the duty of all persons to pay all taxes for which they may be liable by December 20th, of each year in default, the clerk shall issue execution against them under the same rules as apply to the issuance of tax execution by county tax collectors and adding the same costs, which shall be paid, however, into the treasury. The marshal or his deputy who is empowered to collect all such executions by levy upon personal property and sale thereof at justice court ground of the district in which said city is situated, under the rules applicable to constables' sales thereat. Should there be no personalty to be found, the said fi. fas. may be levied on realty, and sale had as under fi. fas. for State and county taxes, and with the same right of redemption in the owner. Taxation. SEC. 20. Be it further enacted, That the city council shall have power to tax all occupations carried on temporarily or permanently within the said municipality where not prohibited therefrom by law and may require the prepayment of such taxes under such regulations and penalties as they may fix. Occupation tax. SEC. 21. Be it further enacted, That the city council shall have power to regulate and to license all shows, places of amusements, soda water fountains, public restaurants, hotels or other places where the public are invited to gather, and to revoke any license in their discretion upon returning a portion of the license proportioned to the time the license

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are yet to run. They shall have power to prohibit the carrying on of all such things without a license, and to make the same as offense against the municipality. License tax. SEC. 22. Be it further enacted, That the city council shall have power to make all needful ordinances to promote the peace and good order and health of the city. To prohibit all disorderly conduct or immoral or dangerous practices. They shall have power to establish fire limits in the town, and to prohibit the erection of inflammable buildings within them; to require the removal of unsafe buildings, walls or openings near the streets; to take all needful precautions in reference to contagious disease, whether by vaccination, isolation, quarantine or otherwise, and to require the keeping of premises clean. General welfare. Fire limits. SEC. 23. Be it further enacted, That the city council shall have full power over the existing streets and highways and shall have full power to enlarge, to improve, close up and alter the same and to lay out new ones. Should they be unable to acquire needed lands for such purposes by agreement, they are empowered to exercise the power of eminent domain to condemn the same under procedure defined in Civil Code of 1895, Section 4657, and following. All inhabitants in said city who would be liable to road duty in Oglethorpe county if not resident in said city, shall be liable to work upon the street upon summons by the marshal not exceeding ten days in each year or to pay such commutation tax as the city council may fix. Defaulters may be summoned before the mayor's court, and if without good excuse, may be fined not exceeding ten dollars or sentenced to work on the streets not exceeding six days or both. Streets, etc. Commutation tax

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SEC. 24. Be it further enacted, That the grant of this charter shall in no wise affect the local tax school district in which the territory covered by this charter is now embraced, but the property of the municipality shall continue to be taxed in said district as heretofore. Should, however, said municipality desire hereafter to erect a system of public schools of its own, the question of doing so shall be submitted to a vote of the people of the municipality under the regulations, and should a majority of the votes cast be for such schools system the city council may establish the same, reporting their action to the County Board of Education. Whether operating a system of its own, or remaining in said local tax school district, the city of Crawford is hereby empowered, after the authorization thereof by an election held as provided by law, to issue the bonds of said municipality in a sum not exceeding ten thousand dollars, to raise funds for their building and equipping of suitable school houses, upon such terms as the city council may fix. School tax. Municipal schools. School bonds. SEC. 25. Be it further enacted, That said city is empowered to install a system of waterworks and electric or other lights, or either of them, and to issue bonds not exceeding the Constitutional limit, when authorized by an election held for the purpose as provided by law. For the purpose of obtaining a water supply, said city may exercise the power of eminent domain as hereinbefore provided, and may acquire lands without its corporate limits. Water and light, bonds for same. SEC. 26. Be it further enacted, That all property rights and obligations formerly appertaining to the town of Crawford are vested as fully in the city of Crawford as they were in said town. Property rights. SEC. 27. Be it further enacted, That J. A. Roland is hereby designated to act as mayor of said city, and that

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P. W. Hudson, O. N. Epps, E. M. Stokeley, R. S. McMahan and A. N. Nowell as councilmen thereof, until January 1st until 1911, and until their successors are elected and qualified. Mayor and councilmen appointed. SEC. 28. Be it further enacted, That all laws and parts of laws in conflict herewith are repealed. Approved July 26, 1910. CUMMING, TOWN OF, NEW CHARTER. No. 423. An Act to revise and amend the several Acts incorporating the town of Cumming, and the several Acts amendatory of the original Act incorporating said town, including the Act approved October 10, 1885, so as to create a new charter for said town; to provide that the municipal government of said town shall be vested in a mayor and five councilmen, who shall be a body corporated under the name and style of the mayor and council of the Town of Cumming; to authorize the mayor and council to change and fix the corporate limits, to establish and fix police regulations; to provide a manner of raising revenues; to provide a manner of working the roads, streets and sidewalks therein; to authorize the levy and collection of taxes on all property both real and personal therein and on all business or callings; to provide for a sanitary board; to provide for the condemnation of private property, streets, and sidewalks, and for the public safety; to provide for the condemnation of nuisances; to

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provide for laying off the town into wards; to provide for regulation of railroads, streets and car lines, telegraph and telephone lines; to provide for a system of electric lights; to provide for a system of waterworks; to repeal all laws and parts of laws in conflict with this Act, and for other purposes. SECTION 1. Be it further enacted, That from and after the passage of this Act, the municipal government of said town of Cumming be vested in a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Cumming; to have and use a common seal; to have perpetual succession, with right to sue and be sued; plead and be impleaded in any court of law or equity in the State; to contract and be contracted with, and to do all acts relating to their corporate capacity; to purchase, have, hold and retain to themselves and their successors, for the use and benefit of said town, any lands or other property within the limits of said town with full power of disposition thereof. Cumming, town of, corporate powers. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend one thousand yards in every direction from the county court house in said town, said corporate limits to embrace and include all territory two thousand yards in diameter from said central point. Corporate limits. SEC. 3. Be it further enacted, That so soon after the passage of this Act as practicable, the mayor and council of this town shall measure off and lay out said town and post the jurisdictional limits of the same upon each of the public roads leading out from said town, to keep the same posted and definitely and plainly marked. Jurisdictional limits.

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SEC. 4. Be it further enacted, That said mayor and council shall be chosen by the electors resident within said corporate limits, who are qualified to vote for members of the General Assembly, who shall have been bona fide residents of said town for three months immediately prior to the election at which said elector may offer to vote. Said mayor and councilmen shall be chosen annually on the third Monday in December, and shall hold their office for one year and until their successors are elected and qualified. Any person qualified to vote for mayor and councilmen shall be qualified to hold either of said offices. Mayor and councilmen, election of. SEC. 5. Be it further enacted, That such election for mayor and councilmen shall be held by the Ordinary, Clerk of the Superior Court, Commissioner of Roads and Revenues of said county, or any justice of the peace or notary public of said county, and one freeholder, who shall take the oath required of managers of other elections in this State, and such managers shall give to the persons receiving the highest number of votes at such election a certificate of election. Said election shall be held in the courthouse in said town, and the polls opened at 12:00 o'clock m. and remain open until 3:00 o'clock p.m. Election, by whom and how held. SEC. 6. Be it further enacted, That said mayor and councilmen before entering upon the duties of their offices shall go before some officer authorized to administer oaths in this State and take and subscribe to the following oath: I do solemnly swear that I will, to the best of my ability, faithfully discharge the duties of mayor or councilman (as the case may be) of the town of Cumming during my continuance in office. So help me God. Which oath, together with their certificate of election, shall be filed with the clerk of said board of mayor and councilmen of said town, and

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by him recorded in a book to be kept for promiscuous records of said board. Oath. SEC. 7. Be it further enacted by the authority aforesaid, That on or before the first Monday in January of each year, or so soon thereafter as practicable, the newly elected mayor and councilmen shall take the oath and assume the duties of office; provided, however, that the term for which all officers are to be elected under this charter is to begin on the first day of January of each year. Term of office. SEC. 8. Be it further enacted by the authority aforesaid, That the compensation or salaries of the mayor and councilmen, and all other officers, servants and employees of the town shall be fixed in such sums as may be deemed just and reasonable by the town council, but the mayor and councilmen and such other officers they may designate will in addition thereto be relieved of street tax and street duty. Compensation of officers. SEC. 9. Be it further enacted, That the mayor of said town shall be the chief executive officer of the same and shall preside over the meetings of the board of councilmen, see to the execution and enforcement of all laws and regulations of said town, approve the bonds of any officer of said town required to be taken, shall have authority to call a meeting of the council for the transaction of any business whenever he may deem the same necessary, and to compel the attendance of the members in such manner as may be prescribed by the council. Executive powers of mayor. SEC. 10. Be it further enacted, That said board shall select from among their own members a clerk whose duty it shall be to keep a correct minute and record of all meetings and proceedings of said council, to issue all notices, fi. fas.,

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rules, precepts, summons and other papers which may be necessary in the enforcement of the ordinances of said town. They shall also select in a like manner a treasurer, whose duty it shall be to receive and safely keep all moneys, belongings, or coming to said town, and pay the same out only on order of the mayor and the council of said town. They shall also select a marshal or policemen for said town. That it shall be lawful for the marshal or any policeman of said town to serve all notices, rules, processes, summons and other papers of said council, to collect and turn over to the treasurer of said town all taxes or other moneys belonging to said town and to collect all fi. fas. and enforce all orders of said council necessary to be enforced, and discharge all the duties that may be required of him under the law. 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, have been guilty of violating any of the ordinances of said town, and is at the time endeavoring to escape, and to hold such person or persons so arrested until a hearing of the matter before the proper officer, to confine any person arrested by him in the town prison, or in the common jail of Forsyth county, for a reasonable length of time. The marshal or 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 or policemen 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 said town, 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

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arrest the offender outside the corporate limits of said town except in obedience to written warrant signed by the mayor or mayor pro tempore or acting mayor. The town marshal or any policeman, are hereby authorized to take bonds payable to the mayor of said town for the appearance of any 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 forfeitures of appearance bonds by the mayor, mayor pro tempore, or acting mayor. Clerk, treasurer and marshal Arrests. Appearance bonds. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the town of Cumming 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 town, to work upon the streets or public works of said town; 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. Chaingang. SEC. 12. 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 town may, for good cause shown by either side, continue the hearing until 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 in the default of bond the accused shall 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 town of Cumming. Police court. Cash deposits for appearance SEC. 13. Be it further enacted by the authority aforesaid, That the mayor or police court of said town 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 town shall have the same rights to punish for contempt as are allowed by law to the judges of said courts in case of defaulting witnesses. Witnesses. SEC. 14. Be it further enacted by the authority aforesaid, That any person convicted in the police court of said town shall have the right to certiorari to the Superior Court of Forsyth county, provided, all costs are first paid and bond and security and paying the cost; and provided, 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 desire 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

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may, in the discretion of the presiding officer, be placed in the city prison or county jail to await the final adjudication of his case. Certiorari. SEC. 15. 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 town 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 town; 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 acting mayor. Recorder. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and council may at any time after the passage of this Act, elect three intelligent and upright persons, citizens and qualified voters of the town, owners of real estate therein, tax assessors, whose terms of office shall be for one year. Said town 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 town for the purposes of taxation by said town; and it shall be their duty to examine tax returns placed before them by the clerk of said town who shall receive the same, and increase the valuation of real or personal property therein, when in their judgment the value placed thereon by the tax payer is too small. The mayor and councilmen shall have power to prescribe rules for the government of said town tax assessors. Said assessors shall make returns of the assessments made by them to said

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mayor and councilmen each year, thirty days before the time for collecting taxes. When said returns 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 town 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 the 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 town, 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 town, not returned for taxation, and for double taxing defaulters. The town assessors shall take such oaths and receive such compensation as the mayor and councilmen may prescribe. Such town 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, and if no objections are made on or by the date set for hearing objections by the 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.

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SEC. 17. 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 property in said town 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 town on all property subject to taxation therein. Tax returns, etc. SEC. 18. 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 town 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 town 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 town, and prescribe penalties for violating the provisions of this Section, and all ordinances enacted in pursuance of same. Fire limits. Sanitation. SEC. 19. 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 business, occupations, vocations or professions carried on in said town and to this end may in their discretion license in said city any or all business, occupations, vocations or professions, the running, practicing, carrying on, performing

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or conducting of which is not prohibited by the laws of this State. License tax. SEC. 20. Be it further enacted by the authority-aforesaid, That the said mayor and councilmen of said town shall have full power and authority to license, regulate and control all markets in said town; opera houses, livery stables, drays, hacks used for hauling of any kind and vehicles used for hire; auctioneers, itinerant lightning rod or like dealers or peddlers, immigrant agents, all fire or life insurance companies or their agents doing business in said town; 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-go-round, bicycle or skating rink and like devices for gain, and all circuses, moving picture shows, exhibitions or performances exhibiting in said town, and all persons selling goods, wares and merchandise, or offering the same for sale, by sample, advertisement or retail and all other business, callings or vocations which are not exempt from license under the laws of this State. Specific taxes. SEC. 21. 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 town, 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 town, 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

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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. 22. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said town shall have full and complete control of the streets, public roads, sidewalks, alleys, public squares and all public ways in said town, and shall have power and authority to maintain, work or improve the same in any manner they may deem to the best interest of said town and shall have authority to buy and condemn property of 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 town; 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 Section 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. 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 drain ways emptying into the streets, sidewalks, alleys or other public ways of said town; to compel any telegraph or telephone company having previously erected poles and wires in said town, 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

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the public ways or squares of said town, or accommodating the traveling public thereof and therein; and in case said telegraph and 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 23. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority in their discretion to regulate and define the width of all streets, sidewalks, roads, alleys and public squares and to grade, pave, macadamize or otherwise improve the travel and drainage of the same in said town. In order to carry into effect the authority above, the 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, public squares on and against the real estate abutting on same; said assessments to be done in a just and fair manner to the town 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 live in said town, if not posted on the land for five days, and if the same is not paid, execution shall issue therefor and be collected as tax executions in said town 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 same to be made and shall have priority to all liens, except liens for taxes due the State, county and State. Street improvements. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said town shall have

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full power and authority to construct, equip, maintain a system of electric lights or lighting plant, a system of waterworks, and a system of sewerage, 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. Public utilities. SEC. 25. Be it further enacted by the authority aforesaid, That in the event said town of Cumming cannot [Illegible Text] by purchase the necessary lands the rights of way of water-ways, for the construction of the system of lights, waterworks and sewerage, then the mayor and council of said town will 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 2, of the Code of 1895, of the State of Georgia, and the amendments thereto. Condemnation. SEC. 26. Be it further enacted by the authority aforesaid, That said mayor and council of the town of Cumming 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 basin and water shed. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Cumming shall have the full power and authority 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 town, said rights to apply to the public highways of the county of Forsyth and over and across and under the land

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of persons and corporations upon payment of just compensation that may be agreed upon or assessed as provided in Chapter 9, of Volume 2, of the Code of 1895, of this State. Rights of way for mains, wires, etc. SEC. 28. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Cumming is hereby authorized and empowered to order and have held an election by the qualified voters of said town at such time as said mayor and council may designate, to determine whether or not bonds shall be issued by the said town of Cumming 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 town of Cumming. Said election shall be held in accordance with the provisions of Section 377 to 380, inclusive, of the Code of Georgia of 1895, and that 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. Said mayor and council shall have the power to order an election for either lights, waterworks or sewerage bonds or either one or all of said purposes. Said mayor and council shall be required to advertise said election in a newspaper published in said town for a period of thirty days prior to said election, which notice shall specify in detail the amount of bonds to be voted on and purposes of same. Election for bonds for lights, water and sewerage. SEC. 29. Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds for either or all of said purposes then the mayor and council of the said town of Cumming shall be, and they are hereby authorized to issue the amount of bonds, of the town

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of Cumming so voted on, in a sum equal to the amount fixed by the mayor and council for said purposes, which total sum shall not exceed the limits provided for in the Constitution of this State. Said bonds shall be designated Lighting, Waterworks, and Sewerage bonds of the town of Cumming 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 the council of said town and for a term not to exceed thirty years, the rate of interest on said bonds shall be fixed by the mayor and council in such way as may seem most advantageous for said town after being advertised according to law. Bonds, how issued. SEC. 30. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Cumming shall be and are hereby authorized and empowered to annually assess, levy and collect a tax on all property, both real and personal, corporate and franchise, in the corporate limits of said town, in such sum 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 money of said town and shall be used solely for the payment of the interest on said bonds as it may accrue, and for the creation and accumulation of a sinking fund for the payment of the principal of the same. Tax to pay bonds. SEC. 31. Be it further enacted by the authority aforesaid that the said mayor and council of the town of Cumming shall have power and authority to grant franchisements, easements and rights of way over, in, under and on

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the public streets, lanes, alleys, sidewalks, parks, public squares and other property of said town on such terms and conditions as said mayor and council may fix. Franchises and easements. SEC. 32. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Cumming shall have full power and authority to establish, design, and adopt a public school system for said town; to appoint a superintendent and teachers for the same; to suspend or remove such teachers and superintendents; 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; to make such rules and regulations for the government of themselves, said school 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 town not in conflict with the provisions of this Act, and the laws of this State. Public school system. SEC. 33. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the town of Cumming are hereby authorized to elect five fit and proper persons who shall constitute the board of education for said town, and whose duty it shall be to establish, manage, control and maintain said system of public schools. Said board of education shall be elected annually at such time as may be set by the mayor and council and hold office until their successors are elected and qualified. The mayor and councilmen of the town of Cumming shall be authorized to levy and collect a tax, in addition to that now allowed by this charter for other purposes, not to exceed one per centum on the taxable property of said town as shown by the

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regular digest of property prepared for purposes of taxation, for the purpose of establishing and maintaining a system of public schools for said town, said fund not to be used for other purposes. Board of education. SEC. 34. Be it further enacted by the authority aforesaid, That before the Sections of this Act, to-wit: Sections 32 and 33, inclusive, which provide for a public school system for said town shall become operative, its adoption shall be submitted to the qualified voters of said town, 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 town, which election shall be held under the same rules and regulations as elections for mayor and councilmen of said town, and the qualifications of voters to be the same. At said election those in favor of public school system shall have written or printed on their tickets or ballots the words: For Public School System, and those opposed to the 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 Sections 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 have the power and authority to order another election within six months from the date of the former election. Ratification of school system. SEC. 35. 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 located within the incorporate limits of said town; to increase or enlarge the same, and to buy and purchase or receive by donation or gift either old or

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new cemeteries, and improve the same, as they may, in their discretion, see fit and proper. They shall have full power to regulate and provide for the burial of the dead therein and may sell, grant, and convey by deed to persons who may wish to purchase any vacant or unoccupied lot or lots in the said cemetery for burial purposes. This provision shall apply to the old as well as any new cemetery or cemeteries the council shall have charge of or that they may establish. They shall have full power and authority to employ managers, sexton, and any other employees for the same, and for whatever else they may deem best to preserve, protect and beautify said burial places. Cemetery. SEC. 36. Be it further enacted by the authority aforesaid, That said mayor and town council shall have full power and authority to adopt and enforce such ordinances, rules and regulations as they may deem necessary to secure the removal of all garbage, rubbish, filth, dead animals, weeds, undergrowth and other offensive matter and material from any and all occupied or unoccupied lots and places within said town limits, at the expense of the owner or owners of said lots and places, who, if they shall refuse or fail, after written notice from the authorities aforesaid, to comply with the terms of the ordinances, rules and regulations, shall be subject to such penalty as may be lawfully prescribed for same. And such authorities, upon the failure or refusal of such owner to do such work, may cause the same to be done and issue execution as they may by ordinance direct and prescribe, against the property of such owner for the amount of such expense and cost; and the person returning such lot for town taxes shall be taken and deemed to be the owner; and said execution shall proceed in the same manner and shall be liable to the same defense

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as is prescribed in this Act, where executions are issued by the town for the constructing, paving or otherwise improving streets and sidewalks in said town. Removal of garbage, etc. SEC. 37. Be it further enacted by the authority aforesaid, That said mayor and town council shall have full power and authority to compel all male persons to pay (except such as are specially exempted under the law) within the corporate limits, between the ages of 16 and 50 years to work on the public streets, squares, lanes and alleys of said town not more than fifteen days during each year; said mayor and town council shall have the power and authority to levy and collect a direct tax for each year, without giving persons 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 service if so required of them by the payment to the officers of said town authorized to receive and receipt for same, such commutation tax as may be fixed by the town council; provided, however, that in no event, where the town council shall declare for a direct street tax or for a commutation tax in lieu of working the streets, should the amount exceed the sum of five dollars per year. Street work and commutation tax. SEC. 38. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to levy and collect an ad valorem tax not to exceed one per centum in any one year on all property, both real and personal, within the corporate limits of said town for the purpose of paying the salaries of all officers; for improving the streets, public squares, alleys, sidewalks, cemeteries and for all other purposes consistent with this Act;

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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 town of Cumming. Taxing power. SEC. 39. Be it further enacted, that in the event of the absence of the mayor for any cause the council shall select one of their members to act as mayor pro tempore, who, while acting as such, shall have all the powers of mayor of said town. Mayor pro tem. SEC. 40. Be it enacted by the authority aforesaid, That all Acts of the General Assembly of this State heretofore passed and amended thereto incorporating the town of Cumming, and conferring powers on the same in conflict with any of the terms or provisions of this Act, are hereby repealed, and all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Repealing clause. Approved August 12, 1910. CUTHBERT, CITY OF, INCORPORATED. No. 475. An Act to create and incorporate the city of Cuthbert in lieu of the mayor and council of Cuthbert; to establish a system of public schools in the city of Cuthbert; and to provide for the maintenance and support of the same; to provide for the election of officers and to prescribe their duties, rights and powers; to authorize condemnation

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of private property for public uses; to authorize the establishment of a city chaingang, 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 municipality of Cuthbert, in Randolph county is hereby incorporated as, and declared to be one of the cities of this State. Cuthbert, city of, incorporated. SEC. 2. Be it further enacted, That the municipal government of said city of Cuthbert 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 Cuthbert, and by that name and style shall have perpetual succession, shall have 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 Cuthbert within or without the limits thereof, any estate or estates, real or personal, of whatsoever kind or nature, and shall by the said name of The City of Cuthbert, be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; and shall succeed to all the rights and liabilities of the present corporation of the mayor and council of Cuthbert. Mayor and aldermen. Corporate powers. SEC. 3. Be it further enacted, That the corporate limits of the city of Cuthbert shall be and remain as now fixed by law; provided, however, that it shall rest within the discretion of the mayor and aldermen to at any time call an election for the incorporation of any contiguous territory as a part of said city, whenever as many as twenty-five resident free-holders and owners of said territory shall petition the

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said mayor and aldermen therefor, which said election shall be held as the mayor and aldermen may by ordinance prescribe, and all the qualified voters in said territory sought to be so incorporated shall be eligible to vote thereat, and if a majority of the votes cast in said election be in favor of incorporation, said territory shall be declared duly incorporated as a part of the city of Cuthbert. Corporate limits. SEC. 4. Be it further enacted, That the mayor and aldermen shall be collectively known as The City Council of Cuthbert, and shall be the supreme governing body, exercising all the powers herein conferred upon the corporation and not otherwise specifically delegated. City council. SEC. 5. Be it further enacted, That the present mayor and council of Cuthbert shall continue in the offices to which they were elected until their successors are elected and qualified; and said mayor and council shall have and exercise all the rights, powers, duties and authority conferred upon the mayor and aldermen of said city, by virtue of this charter. Present mayor and council. SEC. 6. Be it further enacted, That the mayor of the city of Cuthbert shall be elected as herein prescribed and shall hold office for a term of two years and until his successor is elected and qualified. Mayor, term of office. SEC. 7. Be it further enacted, That the first election under this charter shall be held on the first Wednesday in December, 1910, at which time there shall be elected by the qualified voters of said city a mayor and six aldermen, three of said aldermen to hold office for the term of one year, and until their successors shall be elected and qualified, and three for two years, and until their successors shall be

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elected and qualified. The aldermen so elected shall, among themselves, determine by lot which of said terms each shall have. Election of mayor and aldermen. Annually thereafter on the same day in the same month three aldermen shall be elected by the qualified voters of said city, who shall serve for a term of two years and until their successors shall be elected and qualified, and bi-ennially thereafter on the same day in the same month the mayor shall be elected by the qualified voters of said city. Terms of office. SEC. 8. Be it further enacted, That should a failure of said election at any time happen, the same may be held at any time thereafter upon ten days notice, either by the city council of Cuthbert or any five of the qualified voters of said city. Should a vacancy occur in the office of the mayor or aldermen from any cause, then and in that event, an election to fill such vacancy shall be held upon ten days notice being given by the remaining members of the city council of Cuthbert, or should all resign, by ten days notice of any five of the qualified voters of said city. Said elections shall be held at the place of holding elections for mayor and aldermen and shall in all other respects be regulated, managed and controlled as said elections. Elections, when held. Vacancies. SEC. 9. Be it further enacted, That the term of office of the mayor and aldermen elected under the provisions of this charter shall commence on the first Monday of the January following their elections, 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 the vacancy, shall be qualified immediately upon the declaration of the result of his election, and shall fill the unexpired term of the officer whose term he fills. Term of office.

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On the first Monday in January after their election the mayor and aldermen elect shall meet at the council chamber of said city for the purpose of organization, and they shall severally take, before some officer authorized 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 alderman, as the case may be,) of the city of Cuthbert, during my term of office, and that I will faithfully enforce the laws and ordinances of said city to the best of my ability without fear or favor, and in all my actions as mayor (or alderman) act as I believe for the best interest of said city, so help me God. Should the mayor or any aldermen be absent from said meeting, he or they may take said oath of office as soon thereafter as possible. Organization of council. Oath of members. SEC. 10. Be it further enacted, That regular meetings of the city council of Cuthbert shall be held at the council chamber of said city on the first Monday in each month at which time all regular business concerning the welfare of said city shall be transacted; but special or called meetings may be held when public emergency may require; and they may also hold adjourned meetings which shall be considered as of the meeting adjourned. Meetings of council. SEC. 11. 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 the city of Cuthbert, shall be managed by a justice of the peace or some other judicial officer, and two free-holders, who are citizens of said city and own real estate therein, or by three free-holders 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 other officer officially qualified

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to administer oaths, the following oath: We do swear that we will faithfully and impartially conduct this election according to law, and to prevent illegal voting, to the best of our skill and knowledge, and make true returns thereof, so help us God. Elections, how held. Said managers shall keep or cause to be kept two lists of voters at said elections and two talley sheets. All elections shall be held at the county court house in said city, and the voting shall be by ballot. The polls shall be opened at 8 o'clock a. m. and be closed at six o'clock p. m., but said managers shall have the right to suspend the election two hours for dinner. The persons receiving the highest number of legal votes for the respective offices shall be elected. The managers and clerks of all elections held under the provisions of this charter shall be named and appointed by the mayor and aldermen, prior to the elections, who shall determine and provide for the pay for the managers and such clerks as may be necessary to hold said election. Managers, how appointed. SEC. 12. Be it further enacted, That 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; the number of votes received by each and the office for which he is a candidate. One copy of said return together with all the ballots voted, the voter lists, and all other papers used in said election shall be by them delivered under seal to the clerk of the city council of Cuthbert, and a certificate showing the result of said election shall be by them delivered to the clerk of the city council of Cuthbert before twelve, noon,

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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 said city council of Cuthbert. All election returns, ballots, lists and other papers so deposited with the clerk of the city council under seal shall be by him kept for the space of twenty days after said election and then be by him destroyed without examintion, provided no contest is had. In the event of a contest it shall be his duty to keep all the papers until called upon to produce them in the court having jurisdiction of the contest, and after such contest shall have been concluded he shall destroy all papers without examination. Certificate of election. SEC. 13. Be it further enacted, That all persons qualified to vote in this State for members of the General Assembly, who have paid all taxes legally imposed and demanded by the authorities of said city, and who shall have resided in said city 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 city, shall be qualified to vote at any election held under the provisions of this charter. Voters. SEC. 14. Be it further enacted, That it shall be the duty of the clerk of said city, on the first Monday in November of each year, to open the registration books for the registration of the qualified voters of said city. Said books shall be kept open at such hours as the mayor and aldermen may prescribe, each and every day (Sunday and legal holidays excepted) until 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 the members of the General Assembly, who has paid all

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taxes of every character legally imposed and demanded by the authorities of said city, and who upon the day of the election, if then a resident, will then have resided in said city three months prior thereto, to allow such persons to register his name in said book of registration said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before allowing the applicant to register administer to him the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in the city of Cuthbert for three months next preceding this registration, or that by the date next election held in and for said city, if then a resident, you will have done so; that you are twenty-one years of age, or will be so prior to said day of election; and that you have paid all taxes legally imposed and demanded by the authorities of said city, so help you God. Registration of voters. It shall be the duty of the clerk of said city to prepare two lists of the names of the voters registered, in alphabetical order, after the same has been purged by the mayor and aldermen and furnish the same to the managers of the election, 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 permit no one to vote in said election whose name does not appear thereon. Lists of voters. For any intermediate, or special election, in said town for any purposes, the clerk shall open the registration books at least thirty days before the date fixed for such election, and shall close the same five days before the day of election; and shall prepare and furnish the registration lists as hereinbefore provided. Registration for special elections. Notice of the opening of the registration book for all election shall be given in such manner as the mayor and

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aldermen 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 form and time, be accidentally omitted from the registration lists furnished the managers of said election, the clerk of said city may certify under his official signature and seal to such accidental omission to place his name on said lists and that he was duly and legally registered in due time and form before the registration book was closed, and thereupon by filing said certificate with the managers of the election, [Illegible Text] person shall be allowed to vote. Names omitted from registration list, how added. Any person voting in any election held in said city 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 aldermen shall examine, revise and purge the registration lists as made up and returned by the clerk of said city 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 twelve hours before final action thereon by the mayor and aldermen, that such person may show cause; if any, why such action should not be taken. Revision of registration list. SEC. 15. Be it further enacted, That the mayor and each alderman of the city of Cuthbert, shall be ineligible for re-election to their respective offices for the ensuing term

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upon the completion of their respective terms of office. No person shall be eligible to the office of the mayor of said city who is not twenty-five years of age, who has not resided in the city of Cuthbert for a period of five years next preceding the date of his election, and who is not a qualified voter of said city. No person shall be eligible to the office of alderman of the city of Cuthbert who is not twenty-one years of age; who has not resided in the city of Cuthbert for the period of not less than three years next prior to his election and who is not a qualified voter of said city. Eligibility to office. SEC. 16. Be it further enacted, That at the first regular meeting of the city council of Cuthbert, on the first Monday in January of each year, they 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 be vested with all the authority of the mayor and as such execute all the duties of the mayor. Mayor pro tem. The city council shall also, at said meetings elect for said city a chief of police, and as many policemen as they deem necessary; a clerk and treasurer; one person hereby being made eligible to fill both offices; a city attorney, superintendent of waterworks and electric lights, a chief engineer, who may hold any other position in said city government, the duties of which do not conflict therewith; and they may elect such other officers and employees of said city as they may deem necessary, and they shall have power to fix and provide for the salaries or compensation of the officers or employees so elected. All of said officers shall be elected for terms of one year, and until their successors shall be elected and qualified, unless sooner discharged and removed from office. Municipal officers.

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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, and the city council of Cuthbert shall have power and authority to suspend and remove such officers from office, or impose fines on said officers for gross neglect or malfeasance after a fair and impartial trial. Oath and bond of officers. SEC. 17. Be it further enacted, That the mayor and aldermen shall receive such salary or compensation as the city council of Cuthbert may prescribe, which shall not be increased or diminished during their term of office. Salaries. SEC. 18. Be it further enacted, That the mayor, or mayor pro tem and four aldermen shall constitute a quorum for the transaction of business, and a majority of votes shall determine questions before them; provided, that the mayor or the mayor pro tem, if he is presiding in the place 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 city funds, or fixing the salaries of officers and employees shall be by the yeas and nays, duly recorded on the minutes, and provided, further, that on any question any alderman 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. Mayor's vote. The mayor, or the mayor pro tem., when performing the duties of the mayor shall have the 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 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

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city 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. SEC. 19. Be it further enacted, That the mayor shall be the chief executive officer of the city of Cuthbert. He shall see that all laws, ordinances, resolutions, and rules of said city are faithfully, fully, impartially executed and enforced, and that all of the officers or employees of said city faithfully and impartially 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 city council; he shall preserve order and decorum, shall enforce the rules and regulations of the body and shall have power to punish all persons for contempt of such rules and regulations as the city council of Cuthbert may prescribe. Executive powers of mayor. He shall have power to convene the city council in special, call or extra session when in his judgment it becomes necessary, and shall do so whenever requested by two aldermen in writing. Notice of such special, call, or extra session shall be given each of the members of the city council, who are in the city at the time, and at such meetings the mayor and aldermen shall have the right and power to transact any business which they are legally authorized to transact at any regular meeting. Meetings of council. He shall have power to appoint special policemen, when in his 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. Special policemen.

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He shall have power also to pardon persons who are convicted of offenses against the city's ordinances, and also to commute, suspend, vacate or reduce sentences imposed by the police court of said city. Power to pardon. SEC. 20. Be it further enacted, That a police court is hereby created and established in said city, and the 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 more particularly set forth. Said police court shall be held and conducted in such manner and at such times as the city council shall prescribe or as may be necessitated by the emergencies of the case. Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the city of Cuthbert committed within the jurisdictional limits thereof, 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 case; 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. The mayor of said city shall preside as judge in said court, and try and determine cases therein. In case of the absence or disqualification or disability of the mayor, or in case of a vacancy in his office, the mayor pro tem., or in his absence, disqualification or disability, any aldermen, shall preside as such police court judge. Presiding officer.

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Said mayor or presiding officer on the oath of any person shall be authorized and empowered to issue warrants for the arrest of offenders against the laws and ordinances of said city, and 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 Superior Court of Randolph county, and to that end said mayor, or acting police court judge shall have power and authority to commit such offender to the county jail of said county, or admit him to bail, in bailable cases, for his appearance at the next term of said Superior Court to be held in and for said county. Warrants. Appearance bonds. The mayor or other presiding judge of said police court shall have 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 two hundred dollars, or by compulsory labor in the chain gang upon the streets or public works of said city, under the control and direction of proper officers, not to exceed ninety days, or by confinement in the guard house of said city 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 may be imposed with the alternative of either or both of the other punishments in the event the fines are not paid. Penalties. Said mayor or other police court judge when sitting or presiding in said police court, shall have the authority to punish for contempt by fine not to exceed twenty dollars, or confinement in the guard house of said city not to exceed twenty days, either or both in his discretion. Contempt.

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There shall be kept in said police court one or more dockets, on which shall appear the name of each person charged with any offense against the laws and ordinances of said 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 against such person, and be signed by the mayor or other presiding judge of said court. Dockets. Said police court shall have power to compel the attendance of persons charged with the violation of any city ordinances or laws of said city by summons, which summons shall be issued by the clerk of council 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 on 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 for accused and witnesses. Said police court shall have power to punish any person disobeying such summons or subp[oelig]nas, as for contempt, by fine not to exceed twenty dollars or confinement in the guard house of said city, not to exceed twenty days, either or both in the judgement of the mayor or other presiding police court judge. Any person who may be charged with contempt may be arrested by attachment 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. Failure to answer summons punishable. The cases before said court shall be tried as speedily as possible with due regard to the rights of the accused,

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and of the city, and continuances may be granted by the court upon proper showing made, in accordance with the rules governing continuances in the Superior Courts of this 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. When any person is charged with an offense against the laws or ordinances of said city, or who is arrested for such offense, shall give bond for his or her appearance, at any session of said police court, and shall fail to appear at any time appointed in such bond, then the clerk of said police court shall issue a scire facias in said police court why such bond should not be forfeited, and if, at the return term of said scire facias, in said court, no sufficient cause is 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 said court shall issue an execution against the principal and surety or sureties on such bond in conformity with such judgment, and in the form and manner prescribed for such executions issued by said city for taxes, which executions shall be placed in the hands of any member of the police force, who shall proceed to collect the same as tax executions of said city are enforced and collected. Appearance bonds, how forfeited. In any case where any person charged with an offense against the laws and ordinances of said city, or arrested for such offense, has deposited a sum of money as 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

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lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the mayor or other presiding police court judge, entered upon the police court docket, and shall be paid over to the city treasurer as the property of said city of Cuthbert. Cash deposits for appearance, how forfeited. The council of Cuthbert shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police 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 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 chief of police or any member of the police force, 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 may be fixed by ordinance. Court costs. 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 to any decision or judgment rendered in said police court, shall have the right to have the same reviewed by writ of certiorari, which shall be applied for, issued, heard and determined under the provisions of the laws of the State of Georgia, in such cases made and provided. Certiorari. SEC. 21. Be it further enacted, That the city council of Cuthbert shall have power and authority to establish a chain gang in and for said city, and to confine therein persons who have been sentenced by the police court to work on the streets or public works of said city; they shall have power to make such rules and regulations as may be necessary and suitable for the care, safe-keeping, and control of

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said chain gang, and to enforce the same through its proper officers, and may prescribe adequate punishment in the event of a failure of any person confined in said chain gang to comply with the terms of said sentence not in conflict with the laws of this State. Chaingang. SEC. 22. Be it further enacted, That the city council of Cuthbert shall have power and authority to maintain a city guard house, and to establish and provide regulation 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 said city, as well as for the safe detention until trial of all persons who have violated any of the laws or ordinances thereof. Guardhouse. SEC. 23. Be it further enacted, That it shall be lawful for the chief of police or any police officer of said city, to arrest without warrant all disorderly and turbulent persons within the corporate limits of said city who will not desist, on command, and confine them in the guard-house until they can be brought before the police court to answer for their misconduct. And said officers are authorized and empowered to arrest with or 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 laws or ordinances of said city, and to hold such person so arrested until a hearing of the matter before the police court can be had, in all cases where the offense was 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, and to this end said arresting officers are authorized to imprison and confine persons arrested by them in the guard-house of said city for a reasonable length of time. Arrests.

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The chief of police and police officers of said city 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 chief of police and police officers of said city are also authorized to arrest anywhere within this State any person charged with violating the laws or ordinances thereof, provided when the arrest is not made within twenty-four hours after the offense is committed, said officers are not authorized to arrest the offender outside of the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem. or acting mayor. Said chief of police and police officers of said city may take bonds 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 provided in this charter. Authority of police officers. And said city council of Cuthbert shall have power and authority to authorize and require the chief of police and police officers of said city, to summons any and all by-standers to aid in the arrest of any person or persons violating any ordinance of said city, or any criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey such summons. SEC. 24. 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 said 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

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and dangerous assemblages, and assemblages which obstruct the free passage of public streets, sidewalks, parks, and other places, to preserve order at elections and all public meetings and assemblages, to regulate movements of teams and vehicles in the streets, and to prevent the violation of all laws and ordinances in force applicable to the police of said city. Chief of police, duties of. 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 council of Cuthbert may pass ordinances from time to time regulating the chief of police, and the police force of said city, and may clothe watchmen at private plants or factories, or any officer or employee of said city with police powers. SEC. 25. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the government of the city of Cuthbert, including the payments of bonds, interest on the bonded debts, and the creation of a sinking fund for the final extinguishment of said bonded debt, and for paving and macadamizing the streets, the city council of Cuthbert shall have the 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 owned or held within the corporate limits of said city, which under the laws of this 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

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to levy and collect an ad valorem tax not to exceed one-fourth of one per cent. on all such property for public school purposes, after the establishment of the public school system shall have been ratified by law by the qualified voters of said city. Taxation. The city of Cuthbert shall have power and authority to provide by ordinance for the assessing and prompt collection of all taxes; 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 taxes thereon. They shall have power and authority to issue executions for taxes and 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 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. Powers in relation to assessing and collecting taxes. SEC. 26. Be it further enacted, That the city council of Cuthbert shall have power and authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses, and shows of all kinds, drays, hacks, automobiles, auto-buggies, and public vehicles of all kinds, as well as private vehicles, which are unusual in their nature and are likely to injure the road beds and streets of the city or frighten horses, and become a source of danger, annoyance,

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or disorder; and also traveling venders of patent medicine, soaps, notions, and all other articles, except such as are exempt by the laws of this State; also hotels, boarding houses, auction houses, restaurants, fish stands, laundries, billiard, pool and other kinds of tables, ten pins, 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, tan yards, blacksmith shops, steam gins, and any manufactories or establishments producing offensive odors, unusual noises, or large quantities of smoke; also auctioneers, peddlers, and pawn-brokers; the sale of near beer, Malt Mead, Acme Brew, Bud, and similar non-intoxicating beverages and imitations or substitutes for beer or malt or other liquors; and all other classes or kinds of business within the police power of said city, and to fix the amount of the licenses therefor and collect the same. In the event the present prohibition Act of the General Assembly, approved August 6th, 1907, should ever be repealed, the city council of Cuthbert 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 amount of said license. And also said city council 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 a nuisance or is dangerous or injurious to the health of the people of said city. They shall

Page 548

have like power to remove or cause to be removed all dilapidated buildings 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. Specific taxes. Nuisances. SEC. 27. Be it further enacted, That the city council of Cuthbert 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 a specific or license tax on the same, and the time or times when such tax or license shall be payable and shall provide penalties for engaging in the same, without first registering and paying the tax; and shall also have power to enforce the collection of the same by execution. Registration of business. SEC. 28. Be it further enacted, That the city council of Cuthbert shall have power and authority to require, compel, and make all persons between the ages of fifteen and fifty subject to road duty under the laws of this State, resident in said town, to work on the streets of said city, not to exceed ten days in each year, at such times as the city council may order; or pay a commutation tax in lieu thereof not to exceed three dollars in any one year, as said city council may determine. Should any person, liable to work the streets of said city 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 from the chief of police or any member of the police force, he shall be deemed guilty of a violation of this Section, and on conviction in the police court of said city shall be fined in the sum not exceeding ten dollars, or be punished by imprisonment in the guard-house, or by compulsory labor on the streets, in the chain gang of

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said city, not exceeding twenty days. 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 street work. The city council may pass such ordinances as they deem proper and necessary for enforcing the provisions of this Section. Street work or tax. SEC. 29. Be it further enacted, That the said city council of Cuthbert shall have power and authority to impose a tax on dogs owned or kept within said city, 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 police officers of said city to impound or kill any dogs or dog at large within the limits of said city, 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. SEC. 30. Be it further enacted, That the city council of Cuthbert shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to-wit: Bonds for schools and public utilities. For building and equipping public school buildings, whenever the public school system shall have been established in and ratified by the qualified voters of said city. For extending, enlarging and improving the waterworks, and electric light system of the city, and laying water mains and sewers, paving, macadamizing, repairing and improving the public streets, highways and lanes, alleys and crossings of the city, and for the purpose of building a city hall, a public auditorium and any other public buildings and

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works, and making any other public improvements that may be needed for said 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, the city council of Cuthbert shall, by appropriate resolutions or ordinances, direct and provide that such bonds shall be issued and shall specify the purpose and amount thereof. The rate of 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 discretion), and shall also in said resolution or ordinance call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this State. Elections for bonds. 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 limits 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 said city vote in favor of issuing bonds, at any election called by said 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 bond, of an annual tax upon all the property in said city, subject to taxation, sufficient in amount to pay the principal and interest of said bond. Any and all of the bonds and series of bonds issued by said city, under the provisions of this charter,

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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 Cuthbert; said city council is hereby authorized to negotiate and sell any of said bonds, or series of bonds 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. SEC. 31. Be it further enacted, That whenever any bonds are issued by said city, it shall be the duty of the city council to provide a sinking fund to pay off the principal of such bonds or series of bonds at their maturity; the city council of said city is 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 be hereafter created by the city of Cuthbert, and taking care of and handling and investing the sinking fund provided and raised by said city for the payment of its bonds at maturity, respectively, to create a board of commissioners, to be known as The Sinking Fund Commissioners of the City of Cuthbert, and to provide for the number of persons who shall compose such commission, and for their election and 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 for the management of said sinking fund. Sinking fund commissioners. SEC. 32. Be it further enacted, That the city council of Cuthbert shall have power and authority when necessary to supply casual deficiencies in the revenues of said city; to negotiate a temporary loan or loans, and execute a note or notes therefor, in the name of said city, as may be provided

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by special resolution or ordinance for that purpose. Provided, that the total sum so borrowed, in any one year, shall not exceed one-fifth of one per centum of the assessed value of the taxable property within said city for that year, and provided, further, that said loans shall always become due and payable, and be actually paid in full before December thirty-first of the year in which borrowed. city council may borrow money. SEC. 33. Be it further enacted, That the city council of Cuthbert shall have full, complete and exclusive control of the streets, alleys, sidewalks, parks and squares of said city, 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 line and sidewalks of said city, and when said city council desire to exercise the power and authority as to condemnations herein granted, it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in Sections 4657-4685 inclusive of Volume two of the Code of Georgia of 1895, and the Acts amendatory thereof. The city council may abandon or discontinue such proceeding at any time upon payment of accrued cost. Streets, etc. The city council shall have full power and authority to remove or cause to be removed any building, steps, fence, trees, gate, post, or other obstruction or nuisance in the street, alley, lane, sidewalk or other public places in said city, and to enforce the provisions of this Section by appropriate ordinance. Street obstructions. SEC. 34. Be it further enacted, That the city council of Cuthbert shall have full power and authority in their discretion,

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and as hereafter prescribed, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys, and lanes of said city, now or that may hereafter be opened, laid out or constructed, and to lay curbings along any of the sidewalks, street squares, or public alleys, in order to make more effective the power or authority above given, and to provide funds therefor. Said city council shall have full power and authority to assess the actual cost of paving said sidewalks, and placing curbings 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 city council shall have full power 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 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 city council, and any railroad company having a track or tracks running along or across the streets of said city 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, and in case there are two or more tracks on the same street, to require said railway company to pay the cost of paving or macadamizing the space between each track. Street improvements. The balance of the cost of paving and macadamizing such street, including street intersections, headers, 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 are paved or macadamized

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are not occupied by track or tracks of any railroad company, 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. The city council may, in their discretion, provide by ordinance for all such improvements, and the amount of the assessment made against such railway company or property owners, shall become a lien on such property from the date of the passage of the ordinance providing for the work and making assessment, and shall have 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 as against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the chief of police or any member of the police force of said city, on such real estate, and after advertising and other proceedings as in the case of the sale of realty for city taxes, the same may be sold at public outery 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 issued is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received, which affidavit when received shall be returned to the Superior Court of Randolph county, and there be tried and issue determined as in cases of illegality, subject to all the penalties provided by law in cases of illegality for delay. Collection of assessments for street improvements. The lien for assessment on abutting property and on railway companies, for street or sidewalk, paving, curbing,

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macadamizing, grading, or drainage, shall have rank and priority of payment next in point of dignity to a lien for taxes. Such lien to date from the passage of the ordinance authorizing the execution of the work in each case. Liens for assessments. SEC. 35. Be it further enacted, That the city council of Cuthbert shall have power and authority to provide for and regulate the curbs, and gutters, that empty into the sidewalk or streets of said city, to regulate or prohibit except as such power may be restricted by the general existing laws; the use of the streets, alleys, sidewalks, and public grounds for signs, sign posts, awning, 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, or 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 city, and for gathering or holding of public meetings for any purpose therein or thereon; 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 the city council or authorized officers of said city; and in case such company shall fail to remove the same after written notification by the chief engineer, or other officer of said city, said city council shall have the right and authority to remove the same at the expense of such company and collect the same by execution. Control of streets. Said city 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 through the streets, alleys or public places of said city and to prohibit the use of the public sidewalk of said city by

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others than pedestrians, and to punish violations of such rules, regulations, or ordinances as they may pass on the subject embraced in this Section. Speed of vehicles. Said city council shall also have power and authority to regulate the speed at which locomotives or trains shall be run within the corporate limits of said city, also the blowing of whistles and signals by locomotives and 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 city. Speed of locomotives and trains. SEC. 36. Be it further enacted, That the city council of Cuthbert shall have power and authority to require the railroads running through said city, or any portion thereof, to make and repair such public crossings, for pedestrians or vehicles over or across their several roads, whenever or in such manner as said city 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 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 city, the city council shall have power to create and make the same across the said railroad or to repair the same at the expense of the railroad, and may issue execution therefor, and levy and collect the same as in case of tax executions. Railroad crossings. SEC. 37. Be it further enacted, That the city council of Cuthbert shall have power and authority to grant franchises,

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easements and rights of way over, in, under, on or along the public streets, lanes, alleys, sidewalks, parks and other property of said city, 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 city, 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 street 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 city; and, provided, further, that the city council shall have authority to revoke all franchises so granted for the violation of any of the terms and conditions upon which the same is granted. Franchises and easements. All franchises heretofore granted by said city for an indefinite time or no specific term of years shall expire twenty years after the passage of this Act, and may be renewed in the discretion of the city council as hereinbefore provided. Franchises heretofore granted. SEC. 38. Be it further enacted, That the city council of Cuthbert shall have power and authority to lay down and construct and repair sewers and sewerage system in said city 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 sewers, upon the property and estates respectively abutting on said sewers 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

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right to have their drains from their abutting property connected with said sewer at their cost and under such rules and regulations as the city council may prescribe by ordinance. Sewerage. 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. Assessments for sewers. 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 for only one side thereof, and in consideration of the payment of said assessment, he or she or they shall have the right of connecting drains from such abutting property with such sewers, as above provided, in case 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 city 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 city council from the treasury of said city. 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 streets and sidewalk improvements provided for in this Act above.

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In case any sewer or parts of the 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 owners and the authorities of said city cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in the 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. Condemnation for sewers. Said city council, when in their judgment necessary for the preservation of the health of the inhabitants of said city, shall have full power and authority to extend the system of sewerage and drainage beyond the limits of said city, and the provisions of this Act as to the construction, maintenance, preservation and protection of such sewerage system and the taking of property thereof, shall apply to the territory without said city limits as may be necessary for the purpose aforesaid. Extension of sewers beyond corporate limits. SEC. 39. Be it further enacted, That the city council shall have full power and authority for the preservation and protection of all sewers in said city; 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 to what points, and generally all matters relating to the use, control and repair of sewers, and sewer connections, and re-placing pavement and other adjacent structures in good and sanitary condition, and shall be at all times exclusively

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under the direction and regulation of said city council in their fair and legal discretion. In case of real estate situated on street corners and having frontage on both streets, such property shall be assessed only for the abutting frontage on the street on which 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. Control of sewers. SEC. 40. Be it further enacted, That the city council of Cuthbert shall have full and absolute power and authority to control by ordinance all city pipes, sewers and drains, private drains, water closets, privies, and the like in said city, 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 city. Control of drainage. Said city 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 and authority to condemn and compel the disuse of the same when they do not conform to the kind prescribed for use by the city council or whenever they shall become and be declared by the city council as a nuisance. Said city council shall also have full authority and power to order and compel the owners of property within said town to connect water closets or urinals on their property with the sewers and sanitary system of said city, when such property is located on or within reasonable distance of a street where there is such sewer and under such rules and regulations as may be prescribed by the city council. Should any property owner fail or refuse to make such connections

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within the time prescribed, the city council, through its proper officers, or agents, shall have power and authority in the interest of the public health to enter upon the 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. Sanitation. SEC. 41. Be it further enacted, That the city council of Cuthbert shall have full power and authority to compel the owners of any property in said city, and cellars, if the same should prove a nuisance, or the city physician should recommend that said property or cellars 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 city council may elect, to comply with the requirements of the city council by cleaning, draining or filling said property or cellars, it shall be lawful for said city council to have said work performed and collect the expense of the same by execution, as prescribed in this Act for sewer assessment. The city council, or the chief of police, or any police officer of said city, 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 chief of police or other 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

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person, any property to be collected as are other assessments against property provided for in this charter. Sanitation. SEC. 42. Be it further enacted, That the city council of Cuthbert shall have full power and authority to declare what shall be deemed a nuisance in said city, and to provide for the abatement of the same. The police court of said city shall have concurrent jurisdiction with the city council with respect to the trial and abatement of nuisances in said city. Nuisances SEC. 43. Be it further enacted, That the city council of Cuthbert shall have full power and authority to own, construct, extend, enlarge, operate and maintain 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, whenever they may consider it expedient; to make rules and regulations regarding the use of the same, and fixing prices and rates; and to provide by ordinance for the punishment of those who illegally use water, electricity, or service from such public works. When consumers of water or electricity furnished by the city shall fail to pay for the same promptly when due, said city council is 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 levied as in cases of other executions running in favor of said city, and also to cut off the supply of water or electricity until the bills are paid, either method, or both at their option; and in the event such supply is cut off, they may provide for the payment or a reasonable fee for turning same in again. And said city council may acquire by gift, purchase or condemnation proceedings all lands, easements, and water rights necessary for such purposes, and where the same cannot be procured by gift or purchase, said city council shall have the right to exercise the power of eminent domain and to proceed by

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condemnation to secure the same as provided in Chapter 9, of Volume 2, of the Code of 1895, of this State, and amendments thereto. Water and light. These powers to acquire by purchase or condemnation are also granted as to water shed or water basins necessary for the protection of the water supply of said city. Water sheds and basins. Said city council shall have the authority, right, easement and franchise of laying necessary mains, pipes, conduits, drains, poles, wires, conductors and sewers along and under any of the public highways or roads of Randolph county, without cost, and over, across and under the lands of persons and corporations under and according to the provisions of said Chapter 9, of Volume 2, of the Code of Georgia, 1895, and the Acts amendatory thereof. Rights of way for maines, wires, etc. Said city council shall have full authority and power to enact and enforce such rules, regulations, ordinances and by-laws as they deem necessary to protect the water shed and water basins from which the public water supply is taken, from contamination or exhaustion, and to protect said waterworks, electric light system, the machinery, mains, pipes, conduits, tanks, drains, poles, wires, and every part thereof located within or without the corporate limits of said city. Protection of water and light systems. SEC. 44. Be it further enacted, That the city council of Cuthbert shall have power and authority to compel all persons using water, lights, or electric current or other conveniences supplied by said city, to install at the expense of such consumer, meters or apparatus of such pattern as may be prescribed by the city council or other authorized officers of said city. Use of water and light.

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SEC. 45. Be it further enacted (the corporate authorities of the city of Cuthbert having so recommended), That from and after the passage of this Act, and after this Act shall be ratified by law, by the qualified voters of the city of Cuthbert, there shall be established in and for said city a public school system. School system SEC. 46. Be it further enacted, That the public school system of 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 Cuthbert, and by that name and style shall have perpetual succession; a common seal; the right to sue and be sued; to have, hold, receive and 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. 47. Be it further enacted, That as soon after the ratification of this Act by the qualified voters of the city of Cuthbert as practicable, it shall be the duty of the city council of Cuthbert to elect from the qualified voters of said city, the five members of said board of education, who shall hold office as follows: One of said members 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 one shall hold until the fifth general election thereafter held in said city; and the said city council of Cuthbert shall designate the members who shall hold each of said named terms of office. And after said election by the city council of Cuthbert, there shall be

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elected at each general election of 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 qualified voters of said city of Cuthbert, and no member of said board shall at the time hold any other office in said city. All vacancies on said board from resignation, death or other cause than expiration of the regular term of office, shall be filled as follows: The 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 he fills. Before entering upon the discharge of their duties, each member of said board shall take an oath to faithfully, honestly and impartially discharge the duties of their said office. Election of board of education. SEC. 48. 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 office until the next succeeding general election in said city, and until their successors are elected and qualified. Officers of board. 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. SEC. 49. Be it further enacted, That said board of education when organized shall be vested and are hereby vested with any and all such powers as may be necessary or proper to the establishment, regulation, control and management of a system of public schools in said city of Cuthbert, and to that end they are authorized to adopt such laws, rules and regulations as they may deem expedient, not in conflict

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with the general school laws of this State; to fix the scholastic term 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 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 Cuthbert. Powers of board. SEC. 50. Be it further enacted, That said board of education may, out of funds going into their hands, with the consent and approval of the city council of Cuthbert, provide school houses by renting, leasing, purchasing, or building suitable buildings, repair the same, and shall 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 by them shall be reinvested for like purposes. School houses. 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 purpose 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. Use of school property Said board of education shall have authority to operate two, and only two schools, one exclusively for white children entitled to the benefits 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. Separate schools for white and colored children.

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All children so entitled whose parents, guardians, or natural protectors reside within the limits of the city of Cuthbert, 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. Resident and non-resident children, how admitted. SEC. 51. 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 in 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 city council of Cuthbert or any citizen of said city. Proceedings of Board. SEC. 52. Be it further enacted, That said board shall annually at the regular meeting of the city council of Cuthbert in July of each year, make a report in writing to said city council, said report to contain a statement of the condition of said schools, together with an itemized statement of all monies received by said board since their last report, and how the same was disbursed. Annual reports by Board. SEC. 53. Be it further enacted, That said board of education shall determine as soon 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 city council of Cuthbert at their regular meeting in July of each year, and the said city council of Cuthbert are hereby authorized and empowered, after the said Act shall have been ratified by the qualified voters of said city, to

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levy, assess and collect an ad valorem tax not to exceed one fourth 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 same shall remain a separate fund in the treasury of the said city, subject to be drawn only by the board of education under such rules and regulations as said board may prescribe. School tax. SEC. 54. Be it further enacted, That the county school commissioner of Randolph county shall be authorized and required to pay over to said board of education under such rules and regulations as they may prescribe, the proportion of the common school or State public school funds arising from any source, belonging to said city, to be by them expended in the establishment of said public schools, as authorized and directed by the Constitution and laws of this State. Pro rata share of State school fund. SEC. 55. Be it further enacted, That the provisions of this Act relative to said public schools shall not become operative and be put into effect until the same shall be ratified by the qualified voters of the city of Cuthbert. It shall be the duty of the city council of Cuthbert as soon after the passage of this Act as may be practicable, to order an election to be held in said city under the same rules and regulations as govern in other city elections, of which notice shall be given by publication in some newspaper of said city for thirty days prior to said election. Ratification of school system. The returns of said election shall be made to the 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 desiring to vote for the ratification of this Act, relative to said public schools, shall

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have written or printed on their ballots For Public Schools, and those voters desiring to vote against the ratification of the same, shall have written or printed on their ballots Against Public Schools, and said Act shall not become operative until ratified by two-thirds of the votes cast at said election. Voters and ballots. The city council of Cuthbert may order other elections on the same question from time to time until this Act relative to said public schools is ratified, provided, that said election shall not be held oftener than once every six months. SEC. 56. Be it further enacted, That the city council of Cuthbert shall have authority and power to adopt any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change and modify the same from time to time, to prescribe how and of what material buildings within said districts may be constructed and erected, how thick the walls shall be, the manner in which chimneys, flues and stovepipes shall be constructed, and to make such reasonable rules, regulations and requirements as they may deem necessary to so far as possible protect said city from fire or to prevent or stop conflagration. Fire limits. They shall also have power and authority to order any changes in the construction or arrangements of chimneys. stovepipes 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 ordinances and collect any expenses incurred by said city, under any ordinances passed carrying out the powers granted under this Section by execution as in the case of collecting other costs due said city. The city council of Cuthbert shall have the power and

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authority to exercise general supervision over all buildings of every character in said city, and may condemn all unsafe and dangerous buildings, walls, or construction in any of the same, and shall have power and authority to exercise said supervision by passing and enforcing suitable and reasonable ordinances. SEC. 57. Be it further enacted, That it shall be the duty of the city council of Cuthbert to provide such fire protection for said city as in their discretion said city 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 may be deemed 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 city. Fire department. SEC. 58. Be it further enacted, That the city council of Cuthbert shall have authority and power to provide for the inspection of steam boilers in said city, 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 city limits; and to regulate the use of lights in stores or shops or the building of bon-fires; to regulate or prohibit the use of fireworks, 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 city. Explosives, etc. SEC. 59. Be it further enacted, That the city council of Cuthbert shall have power and authority to make and enforce

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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 and regulations in regard thereto, and to punish any violations of any said rules or regulations. They shall have power to build or establish or maintain and exercise police powers over a pest house, within or without the limits of said city, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond or within limits of said city. They shall have power to compel the removal to the pest house of any person or persons who have smallpox or other contagious or infectious diseases when in their wise and humane judgment it is best for the general welfare and health of said city. They shall have power to compel all persons in said city, whether residents or sojourners, to be vaccinated, and may provide vaccine virus and employ physicians, at the expense of said city, to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide punishment for persons failing or refusing to be vaccinated. Quarantine, etc. SEC. 60. Be it further enacted, That the government, control, management and protection of cemeteries of said city, as they are 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 city council of Cuthbert, and said city 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 cemeteries, and to punish violations thereof. Cemeteries.

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SEC. 61. Be it further enacted, That the city council of Cuthbert shall have power and authority, in their discretion, to acquire by gift, purchase or otherwise, on behalf of said city, 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 city. 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. City parks. They shall have power and authority to provide such rules, regulations and ordinances for the government of the same and of the public who frequent them, as they may deem wise or necessary. SEC. 62. Be it further enacted, That the city council of Cuthbert 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 city, and to prevent the cutting, impairing or mutilation thereof by telephone, and telegraph companies, or employees or by other persons unless the same is done under and with the express and formal consent of the city council or some officer appointed by them to direct the same, and then only when absolutely necessary. Protection of trees. SEC. 63. Be it further enacted, That the city council of Cuthbert shall have full power and authority to prohibit by ordinance the running at large in said city of horses, mules, cattle, hogs, sheep, goats, dogs, and all other animals or fowls and to prohibit the keeping of hogs within the limits of said city, or if allowed to keep them therein, to regulate

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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 as said city council may prescribe, and in addition thereto, charge for the keep of any animal so impounded. Stock law. 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, and the proceeds applied to the payment of said fees and costs under such rules as the city council may prescribe by ordinance. SEC. 64. Be it further enacted, That the city council of Cuthbert shall have full power and authority through a committee from its body, or by the appointment of any other person, in their discretion, to examine into the work, conduct, and business of any officer or office in said city government, and 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 pertinent to said investigation. Supervision of officers. And it shall be the duty of the city council, prior to the first regular meeting of the city council, in each year, by suitable committees, or otherwise, to examine and audit for the year ending on Decemebr 31st, preceding, all books, vouchers, and papers, of every official of said city, and any board thereof charged with the collection, keeping or expenditure of any public funds. Audit of books, etc. SEC. 65. Be it further enacted, That the city council of Cuthbert shall prescribe by ordinance how and by whom purchases for supplies, materials, and other necessary articles,

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for said city or any department thereof, shall be made or contracted in behalf of said city, and no purchase made in any other manner or by any other person than as prescribed in such ordinance shall be valid or binding on said city. Supplies, how purchased. SEC. 66. Be it further enacted, That in case the mayor or any alderman while in office shall be guilty of mal practice, 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 of violating the criminal law of the State, involving moral turpitude, he shall be subject to be impeached by the city council, or by the aldermen composing the council in case of the mayor, and upon conviction by not less than four votes, shall be removed from office. Mayor and aldermen subject to impeachment. SEC. 67. Be it further enacted, That the city council of Cuthbert shall have full 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 city and the inhabitants thereof, and that may be deemed necessary to foster and promote virtue and good morals in said city; 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 city 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 herein granted said city, and said city council hereunder. To make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other acts and

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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 of municipal corporations, and not inconsistent with the laws of this State. SEC. 68. Be it further enacted, That all ordinances, bylaws, rules and regulations heretofore adopted by the mayor and council of Cuthbert, which are now in force and not inconsistent with or repugnant to any provisions of this Act shall remain in full force and effect under this charter until repealed, altered or amended by the city council of Cuthbert. Existing ordinances. SEC. 69. Be it further enacted, That the recitals in deeds under a sale for municipal taxes or assessments in said city shall be evidence of the facts as recited in any court in this State and shall be taken as prima facie true. Tax deeds. SEC. 70. Be it further enacted, That the city council of Cuthbert shall have power and authority to adopt a code of ordinances and to amend and repeal the same or any part thereof. City Code. SEC. 71. Be it further enacted, That the enumeration of powers contained in this Act shall not be considered as restrictive, but the city council of Cuthbert, and the authorities of said city 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, that they may deem needful and proper for the general welfare and protection of said city, and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, the city council may prescribe the method of exercising

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them or they may prescribe additional regulations and modes of procedure, not repugnant to the interests and purposes of this Act, or the laws of this State. General powers. SEC. 72. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 15, 1910. DALTON, CITY OF, CHARTER AMENDED. No. 323. An Act to amend an Act approved February 24th, 1874, amending and codifying the various Acts incorporating the city of Dalton, and the several Acts amendatory thereof, so as to grant the mayor and council of the city of Dalton authority to grade, pave and otherwise improve Hamilton street, Crawford street and King street in said city, and to provide means for assessing the cost of such improvement to the abutting property owners, and to enforce collection of the same; also, with the consent of the owners of a majority of the abutting property frontage, to grade, pave and otherwise improve any and all streets within the said city, and to provide means of assessing the cost of such improvements and the collecting of same out of the abutting property owners; also, to authorize the mayor and council of the city of Dalton to grade, pave and construct sidewalks on any and all streets within said city and to provide means for assessing the cost thereof to the abutting property owners and to enforce collection of

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the same; also, to regulate the collection of street tax in said city; also, to provide for the election of a board of trustees for the public schools of said city; also, to authorize the mayor and council to park or otherwise beautify any portion of the streets or public property of said city, and to make title to the State of Georgia or to any person or association, to any part of the public property of said city for the purpose of erecting statues or monuments, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act the several Acts heretofore enacted creating a charter for the city of Dalton, Whitfield county, Georgia, and the several Acts amendatory thereof, are hereby amended as follows: Dalton, city of. SEC. 2. Be it enacted by the authority aforesaid that from and after the passage of this Act the corporate name of said city, towit: The Mayor and Council of the City of Dalton be, and the same is, hereby abolished. Be it further enacted that the corporate name of said city shall be The city of Dalton in which name the said city may sue and be sued, may have and use a common seal, purchase, take, hold and possess real and personal property for the use and benefit of said city and in said name may make all contracts and do any and all things permitted by law to such corporations. Corporate name. SEC. 3. Be it enacted, That the mayor and council of the city of Dalton are hereby authorized and empowered to grade, pave, construct and otherwise improve the portion of Hamilton street in said city, which lies North of the

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intersection of said street with Morris street and South of the point where the W. A. Railroad tracks cross said street; also, to grade, pave, construct or otherwise improve the portion of King street in said city, which lies between the court house and the W. A. freight depot; also, to grade, pave, construct or otherwise improve the portion of Crawford street in said city from and including the intersection of said Crawford street with Thornton avenue to the W. A. passenger depot; and said mayor and council of the city of Dalton are authorized to do such grading, paving, constructing and improving of the said portions of Hamilton, King and Crawford streets whenever in their discretion they may regularly so decide by ordinance or by resolution at any regular or call meeting of the mayor and council of the city of Dalton, and may in the same manner determine the nature and extent of the grading, paving and other improvements to be done and the kind of material to be used for same; and said mayor and council of the city of Dalton shall further have the power to ornament said streets by converting such portions of same as they may see fit into parks or by otherwise ornamenting said streets; and said mayor and council of the city of Dalton shall have the power to pass suitable ordinances carrying into effect the provisions of this Section; and to make title to the State of Georgia or to any persons or association to any of the public property in said city as sites for the erection of statues or monuments to ornament said streets. Street improvements. SEC. 4. Be it further enacted, That the said mayor and council of the city of Dalton shall have the power and authority by ordinance to effect the construction, grading, paving and other improvements on the aforesaid Hamilton, King and Crawford streets as provided in the above Section, and shall have the full power and authority to assess two-thirds

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of the cost to the abutting property owners on the two sides of said streets so improved, one-third only of such cost to be charged to the abutting property owners on each side of the street improved, and each property owner to pay only his pro rata portion of the entire cost on his particular street according to the linear frontage of the property owned by him on the portion of the street improved; and said mayor and council of the city of Dalton shall have the power to enforce collection of each property owner's pro rata portion of the cost of grading, paving or otherwise improving such street by assessing same against all of the property of said property owner within the incorporate limits of the city of Dalton, and each assessment shall be collected by execution to be issued by the clerk of said city, bearing test in the name of the mayor and which shall be levied by the marshal upon sufficient property to realize the amount due the city and after advertisement as in such cases of sale for city taxes. The property levied upon may be sold by the marshal at public outery to the highest bidder and, the marshal shall convey the property so sold to such bidder by deed and the same shall vest title absolutely in such bidder, the proceeds of the sale to be applied in payment of the amount due on such execution and the cost of the sale, including the advertisement, and the residue, if any, to be paid over to the owner of the property so sold. Assessments for street improvements. SEC. 5. Be it further enacted, That whenever the portions of Hamilton, King and Crawford streets referred to in Sections two and three are paved as therein provided for and two-thirds of the cost thereof are assessed to the abutting property owners as therein provided for, the remaining one-third of said streets so graded, paved or otherwise improved shall be paid for by the municipality from any funds which it may have on hand for street work or improvement;

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provided, however, that whenever the mayor and council of the city of Dalton may decide to do so, they may by ordinance, assess the cost of improving such portions of said streets as has not been assessed against the abutting property holders, to any street car company or public utility company, actually using that portion of said streets but such assessment only to be made for the portion of the street used by said company and in proportion to the portion of the street actually used by said company. Assessments for street improvements, how apportioned. SEC. 6. Be it further enacted, That whenever the mayor and council of the city of Dalton have been presented with a petition or agreement in writing signed by the owners of the majority of the property frontage on any particular street or block anywhere within the incorporate limits of the city of Dalton requesting them to do so, the said mayor and council of the city of Dalton shall have the power to grade, pave, macadamize and otherwise improve any or all of the streets within the incorporate limits of the city of Dalton, and shall have the power to assess two-thirds of the cost of so improving any streets, from sidewalk curb to sidewalk curb, against the abutting property owners on each respective side of the street so graded, paved, macadamized or otherwise improved, in proportion to the linear frontage of the property abutting upon the street so improved; and when the said mayor and council of the city of Dalton has been so petitioned or the proposed improvements have been agreed upon in writing as aforesaid the said mayor and council of the city of Dalton shall have the power to provide for the proposed improvements by ordinance and shall have the power to make the desired improvements and to enforce collection of each property owner's pro rata part of the cost thereof in the same manner as provided for the collection of assessment for

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grading, paving and improving Hamilton, King and Crawford streets, as provided for in Sections two and three. Petitions for street improvements. SEC. 7. Be it further enacted, That the said mayor and council of the city of Dalton shall have the power to grade, construct and pave any or all sidewalks within the incorporate limits of the city of Dalton, Georgia, at any time when in their judgment they deem it best and may so declare by ordinance or resolution passed at any regular or call meeting of said mayor and council of the city of Dalton, and they shall have the power to determine what material is best and most suitable and is to be used in making the improvements to the sidewalks aforesaid and they shall have the power to assess the entire cost of so improving the sidewalks, including curb-stones against the owners of the property immediately abutting upon said sidewalk according to the frontage of the property so owned and abutting upon the improved sidewalk. And said mayor and council of the city of Dalton shall have the further power to enforce the collection of the cost of so improving or building sidewalks by the issuance of executions to be signed by the clerk, bearing test in the name of the mayor and which shall be levied upon the abutting property by the marshal and sold as in case of the collection of city taxes and in the same manner as is provided for the collection of street improvement assessments in Section three of this Act, except said execution shall never be levied upon any property except the property immediately abutting upon the improved sidewalk. Sidewalks, improvements of. SEC. 8. Be it further enacted, That all persons who shall or may become liable to street or road duty within the incorporate limits of the city of Dalton, as provided for in the Acts of the General Assembly of 1874, (page 183),

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such persons liable to such duty according to said Act of the General Assembly shall be entitled to only one notice from the marshal or other person or officer, whose duty it is to give notice for such persons to appear for said duty, and when such person, subject to such road duty has received one notice in writing to appear at a given time and place as specified in the notice to work the streets of said city, as provided by law, and said persons shall fail to appear at the time and place appointed or fail to pay the commutation tax, as fixed by ordinance of said city or in any other manner make default in relation thereto, it shall then be the duty of the marshal or one of his deputies to notify said defaulter in writing to appear before the recorder of said city and said recorder shall try said defaulter and if found guilty shall fine him as provided by the charter of the city of Dalton, in cases of misdemeanor and other infraction of the ordinances of said city; provided, that at any time before trial the person served may pay the commutation tax with accrued cost, if any, and stop the proceeding. Work on streets. SEC. 9. Be it further enacted, That on the 27th day of August, 1910, an election shall be held for a board of trustees of the public schools of said city, consisting of five members, who shall be elected by the qualified voters of said city and shall hold for a term of four years, from September 1, 1910. Said election shall be held under the same rules and regulations as are now prescribed for regular city elections. The successors of said board shall be elected at the regular city election immediately preceding the expiration of their term. In case of a vacancy on said board from any cause, the board is empowered to supply such vacancy, and the person chosen by them shall serve until his successor is regularly elected and qualified. The term of the present board of trustees shall expire

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September 1, 1910. Any portion of the Act approved September 28, 1881, relating to the public schools of the city of Dalton, which conflicts with the provisions of this Act, is hereby repealed either as to the manner of electing trustees or otherwise; but the provisions of said Act as to the powers and duties of said trustees are expressly continued in force. Trustees of public schools. SEC. 10. Be it further enacted, That all laws and parts of laws conflicting herewith be and the same are hereby repealed. Approved August 3, 1910. DEARING, TOWN OF, INCORPORATED. No. 479. An Act to incorporate the town of Dearing, in McDuffie county, and to provide a municipal government for 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 same, That from and after the passage of this Act the town of Dearing, in the county of McDuffie, be and the same is hereby incorporated and the bounds and limits of said town shall be as follows: One-half of a mile in every direction from the center of the main line of the Georgia Railroad where it is crossed by the public road leading from Iron Hill Church to the Milledgeville road. Dearing, town of, incorporated. Corporate limits.

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SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be based in a mayor and four councilmen who shall have been bona fide citizens, residents of said town for a full term of six months immediately preceding their election to office; said municipal government shall be styled the mayor and council of the town of Dearing and by that name are made a body corporate. As such they shall have perpetual succession, shall have and use a common seal, may contract and be contracted with, sue and be sued, plead and be impleaded, hold, own, possess, sell and convey for the use of said town any real or personal property of any kind, to purchase such real and personal property as is necessary for said town. That said mayor and council of said town may pass such ordinances, rules, regulations, by-laws and resolutions not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, or the United States, which they may deem necessary for the good government of said town, the protection of property therein, the peace and comfort, health and good order and convenience of the citizens thereof and to fix suitable penalties for the violation of such rules, ordinances, by-laws, regulations and resolutions and enforce said penalties when they have been fixed. Mayor and councilmen. Corporate powers. SEC. 3. Be it further enacted by the authority aforesaid, That said mayor and council shall be elected by the qualified voters of said town on the first Wednesday in September, 1910. All other elections for mayor and councilmen shall be held every year on the first Wednesday in September. The regular term of office for the mayor and councilmen of said town shall be one year or until the election and qualification of their successors, except where a vacancy occurs by a death, resignation or otherwise when

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the remaining members shall fill such vacancy of mayor and councilmen by an election held by them for such purpose at any time to fill the unexpired term of the person or persons causing said vacancy. Mayor and councilmen, election of. SEC. 4. Be it further enacted by the authority aforesaid, That the elections for officers of said town shall be held at some convenient point near the center of said town, and after same has been selected it shall be known as the voting precinct of the town of Dearing, subject to be changed by the mayor and council after giving ten days notice in writing posted at three or more public places in said town. The managers at all elections held in and for said town shall be freeholders, all to be residents of said town and before entering upon the discharge of their duties shall take and subscribe the following oath; All of us swear that we are qualified to hold an election for the town of Dearing under its charter; that we will faithfully superintend this day's election and make just and true returns thereof; that we will let no one vote in this election unless we believe he is entitled to vote in same, nor will we knowingly prohibit any one from voting who is by law entitled to vote. Said affidavit shall be signed by managers in their capacity as such. Said oath may be administered by any person in McDuffie authorized to administer oaths, or if no such officer can be conveniently had said managers may each take and subscribe to said oath in the presence of each other. Elections, how held. Oath of managers. SEC. 5. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be open from eight o'clock a. m. to three o'clock p. m. when the polls shall be closed and the managers of the election shall proceed to count the ballots, declare and

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certify the result thereof. They shall keep a list of all the voters who vote in the election, and tally sheets showing the number of votes for each person voted for and when they have counted all of the ballots they shall certify said tally sheets and list the voters on the same, showing that they are correct and seal them up and deliver them to one of their number to be kept by him and sealed without inspection for at least thirty days and at the expiration of that time they shall be destroyed without inspection unless notice of a contest of said election be filed, or unless same are called for by some court of this State having jurisdiction of same. List of voters. SEC. 6. Be it further enacted by authority aforesaid, That all persons residing in the town of Dearing who are qualified to vote for members of the General Assembly of the State of Georgia and who have paid all taxes due to said State, county and town and have resided in said town six months immediately prior to the day of the election shall be considered electors and entitled to vote in said town election and no other person shall be allowed to vote therein. Voters. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and council elected, or appointed to fill a vacancy, as the case may be, shall take and subscribe the following oath in addition to the oath required by all civil officers of this State: I do solemnly swear that I will truly perform the duties of mayor (or councilmen as the case may be) of the town of Dearing to the best of my ability without fear or favor. So help me God. Oath of mayor and councilmen. SEC. 8. Be it further enacted by the authority aforesaid that the salaries of the mayor and council of said town

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shall be fixed by them at their first meeting after their election each year and the same entered on their minutes and no change shall be made in their salaries during their term of office; provided, however, that the salary of the mayor shall not exceed the sum of fifty dollars per annum, which shall be paid exclusively from fines in the police court. The mayor shall be allowed one dollar cost for each conviction in said court and the mayor and council may authorize an increase in his salary not to exceed fifty dollars per annum; provided, that the fines collected in the police court shall be sufficient in each particular year to pay that amount. It being the intention that no tax shall be levied for the payment of the salary of said mayor. Said mayor and council shall elect their marshals, clerks, treasurers and such other officers as are in their opinion necessary to carry out the provisions of this charter; fix their compensation and take such bonds as are necessary and usual in such cases and prescribe the oath of office to be administered to them before entering upon the discharge of their duties; provided, however, that one person may discharge the duties of both clerk and treasurer for said town and that the salary to be paid for said services in both positions shall not exceed in the aggregate twenty-five dollars. Salary of mayor. Municipal officers. SEC. 9. Be it further enacted by the authority aforesaid, That at the first meeting each year of the mayor and council of said town they shall elect one of their number a mayor pro tem who shall have authority to discharge all of the duties of the mayor whenever from sickness, absence or in case the mayor is disqualified, or can not act. Mayor pro tem. SEC. 10. Be it further enacted by the authority aforesaid, That there shall be a mayor's court in said town to be

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held by the mayor in the council chamber or some other convenient place in said town as often as may be necessary. Said court shall have the right and power to preserve order and compel the attendance of witnesses and to punish for contempt by imprisonment in the calaboose in said town not exceeding five days or a fine not exceeding ten dollars, either or both. In the absence or disqualification of the mayor and the mayor pro tem of said town any member of said council may preside over said court and exercise the power of mayor of said town in the trial of cases. The mayor and council of the town of Dearing shall have authority to allow such reasonable cost to the mayor and the marshal for trying cases in the mayor's court as they may deem proper; provided, however, that the cost of the mayor for trying a case shall not exceed one dollar and the marshal's cost in no case shall exceed one dollar and a half; provided, further, that this cost can only be paid from the fines and forfeitures through the mayor's court. Mayor's court. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor's court shall have full power and authority upon conviction to sentence any offender against the laws or ordinances of said town to hard labor on the streets of said town or other public works of said town for a period not exceeding thirty days or to impose a fine not to exceed fifty dollars or to sentence the offender to the town prison for a term not exceeding thirty days, either one or all of said penalties may be inflicted on said offender after conviction in the discretion of the court. Penalties. SEC. 12. Be it further enacted by the authority aforesaid, that the mayor and council of said town shall have authority to remove all nuisances in any part of said town whether on the streets or elsewhere under such rules and in

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such manner as they may prescribe by ordinance or resolution. And they shall have the power and authority to prevent by ordinance and suitable penalties the running at large of stock, horses, mules, cattle, hogs, sheep, goats or other animals in said town and providing the impounding of said animals at the expense of the owner thereof and for the sale of same to pay the expense of said impounding including the feed bills, which said feed bills are not to exceed those allowed constables under the laws of the State. Nuisances. Stock law. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have control of the streets, sidewalks, bridges, alleys, cemeteries and all public property in said town and they may prohibit any encroachment thereon or any interference therewith and they shall have power to locate all cemeteries therein. They shall have power to locate and open new streets and alleys, to widen and straighten any street located in said town and for these and other public places they may condemn the owner's property in the manner provided by the laws of this State for condemning property for public use. The damages to be paid out of the treasury of said town. Control of streets. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power to pass any ordinance not in conflict with the laws of the State of Georgia or the United States, to prohibit the storage or keeping for any illegal purpose within the limits of said town any wine, beer, malt, alcoholic or intoxicating drinks of any kind and to punish any person for violating such ordinances. Intoxicants.

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SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to require every male inhabitant of said town who has resided therein thirty days and is within the ages of sixteen and fifty years to work such length of time on the streets of said town as said mayor and council shall direct not exceeding four days for any one year. Those so subject to work on the streets shall have a right to relieve themselves of said work by paying to said town authorities a commutation tax not to exceed two dollars per annum, to be fixed by an ordinance; said work to be done and said commutation tax to be paid at such times as the mayor and council may prescribe. Any person failing to work when required and failing to pay said commutation tax shall be punished when convicted in the mayor's court as may be prescribed by an ordinance. Street work and tax. SEC. 16. Be it further enacted by the authority aforesaid, That in all cases herein tax, fines, forfeitures, commutation or license fees are not promptly paid when due, the mayor of said town on his own motion shall issue an execution against delinquent for such sums as are due, for which he is authorized to assess his cost at one dollar for each execution issued and it shall be the duty of the marshal of said town to levy said execution on any property of the defendant, and if such property be personal property advertise the same at three or more places in said town for ten days and sell said property at the expiration of said time on the day named in the advertisement between the hours of ten o'clock a. m. and four o'clock p. m. to satisfy said fi. fa. If it be real property so levied on, said marshal shall return the fi. fa. with his entry of levy thereon to the sheriff of McDuffie county and the property may be advertised and sold by said sheriff in the manner that the sheriff's

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sales are made; provided, however, if a claim or affidavit of illegality be filed to any such fi. fa. and levy the same shall be returned to the superior court of McDuffie county ten days before the term of court at which it is to be tried to be disposed of in the manner provided by law. Collection of taxes, etc. SEC. 17. Be it further enacted by the authority aforesaid, That said mayor and council may levy and collect for town purposes a tax not to exceed fifteen cents on every one hundred dollars on all real and personal property in said town subject to be taxed under the laws of the State of Georgia; said tax to be assessed in the manner now provided by law for assessing taxes on municipal corporations found in Sections 717 and 718, Paragraph 3, Article 1, Page 204, of Volume 1, of the Code of Georgia of 1895. Said property to be assessed at its value on the 1st day of April of each year. The tax thus provided for shall be due and payable on the 1st day of December, of each year beginning with the year 1910. Said mayor and council shall have the right without any board of assessors to fix and collect by execution if necessary a special tax or license on all kinds of business callings, professions or occupation carried on in said town and to punish by proper ordinance any person failing to pay said tax or the license fees before engaging in business. Taxation. SEC. 18. Be it further enacted by the authority aforesaid that said mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all meetings the mayor if present shall preside and he may vote on all questions, three being necessary in all cases to carry any question or elect any officer by said body; a less number in the absence of a quorum may adjourn a meeting over to a future time. Meetings of council.

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SEC. 19. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town and shall see that all ordinances, rules, regulations and resolutions of said town are faithfully executed. He shall look after the finance of the town, making reports to the council from time to time showing the receipts and expenditures of all departments and the status of the town generally. He shall approve all bills against the town before they are paid by the treasurer. He shall have general jurisdiction of the affairs of the town not in conflict with the jurisdiction of the mayor and council as a body corporate. He shall have control of the marshal and other police of said town and may appoint special police whenever in his judgment it is necessary. He shall have the same powers of a justice of the peace to issue warrants for offence against the State laws committed in said town and hold courts of inquiry and commit offenders to the county jail in default of the law in the same manner as the rules and regulations of the justice of the peace of said State. When sitting as judge in the mayor's court he shall have authority in his discretion to bind over to the Superior Court of McDuffie county any offender for violation of any of the laws of this State, whenever the evidence in the case shall convince him that the laws of the State have been violated. Executive powers of mayor. Judicial powers. SEC. 20. Be it further enacted by the authority aforesaid, That the marshal, deputy marshal or any policeman lawfully appointed in said town may arrest without a warrant any person he may see violating any ordinance of said town or of this State or any person reported to him as having violated any ordinance of said town of this State and carry said offender to the mayor's court for trial and to this end he may summon any citizen or citizens as a posse

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to assist in such arrest. He shall inform the mayor of the offence committed by the person or persons arrested and the mayor shall enter on his book such charges with a reasonable specification and the party or parties so charged shall be required to answer to the same without any further written accusation; provided, however, that he or she shall at once be notified of the charge so preferred and be given a reasonable time to prepare for trial. Arrests. SEC. 21. Be it further inacted by the authority aforesaid, That the mayor in his discretion may allow the accused in his own court to give bond for his appearance to answer any charge at some future day fixed by the court in a reasonable sum with good security and if the accused fails to appear at the time fixed in his bond the mayor shall enter on his book opposite said case the word bond forfeited and at once issue an order requiring the principal and security in said bond to show cause at a future time why said bond should not be absolutely forfeited and judgment entered against them for the full amount of the bond and cost. A copy of said order shall be served on said principal and security by the town marshal or his deputy if said persons are within the jurisdiction of the town at least ten days before the day fixed for the trial of said case and in the event that said parties are beyond the limits of the town, service may be perfected by posting notices at three places in said town, if said defendant fails to appear or do appear and fail to show good and sufficient cause why he did not appear to answer the charge against him, judgment shall be entered thereon for the amount of said bond and cause a fi. fa. issued collected in the same manner that other fi. fas. are collected in said town; provided, that no bond exceeding fifty dollars shall be required for violating the ordinance of said town. Appearance bonds, how forfeited.

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SEC. 22. Be it further enacted by the authority aforesaid, that it shall be the duty of the marshal of said town to prosecute the offenders of the laws of the town of Dearing and the State of Georgia where the offence is committed within the corporate limits of said town and to that end he may swear out warrants or cause same to be done and arrest said offenders and carry them to the mayor of said town or some other judicial officer for trial before commitment and such officers shall hold a court of inquiry and commit or discharge the accused under the same rules they obtain in such cases before the justice of the peace. It shall be the duty of the marshal of said town to keep order in said town and serve all orders and to execute all judgments of the mayor's court and discharge all other duties imposed on him by the laws of the State of Georgia. All rules, ordinances, and resolutions of said town, all orders, processes, writs and fi. fas. shall be directed to the marshal of said town, signed by the mayor thereof. Marshal, duties of. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall fix by ordinance all fees to be charged by the officers of said town for services performed by them, said fees shall be approximately such as are allowed the sheriffs, clerks, tax collectors and justices of the peace for similar services and said officers shall never charge or accept under any circumstances any fees not allowed by said ordinances. Fees of officers. SEC. 24. Be it further enacted by the authority aforesaid, That the expenditures of said town and compensation of said officers shall all be paid out of the town treasury on the order of the mayor, countersigned by the clerk of council. The treasurer shall keep a book in which he shall enter a true and correct record of all sums of money coming

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into his hands with the proper memorandum showing the source from whence it came and he shall in like manner make entries on said books of all sums paid out by him and to whom paid, the date of payment, the nature of the claim paid and he shall also take a receipt for the amount so paid. The books and receipts to be held by him subject to the inspection of the mayor and council, or any of them at all times and to a reasonable inspection of any citizen or taxpayer of said town of Dearing. Treasurer, duties of. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power and authority to establish and maintain a chaingang for the purpose of working the streets or other public works in said town and all persons convicted for the violation of the ordinances of said town may work in said chaingang. The mayor and council are empowered to pass all necessary rules and laws for the regulation of same not in conflict with the laws of the State of Georgia. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority to, when they deem it necessary, appoint a board of health which shall consist of three good intelligent citizens of said town, one of whom shall be a member of the town council. Said board of health shall have all of the power and authority that is vested by the laws of this State a similar bodies and such other power and authority as may be vested in them by an ordinance of the mayor and council of the town of Dearing. It shall be their duty to look faithfully after the health of the citizens of the town of Dearing. It shall be their duty to visit different parts of the town at least twice in each year, to-wit: in the spring and in the fall and make a report each time as to the sanitary

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condition of the town with recommendations as to what is needed to be done. When said report is made in writing the mayor and council shall at once take such action on said report and recommendations as they may think right and proper. Board of health. SEC. 27. Be it further enacted by the authority aforesaid, That all the laws, parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 13, 1910. DECATUR, TOWN OF, CHARTER AMENDED. No. 504. An Act to amend the charter of the town of Decatur, in the county of DeKalb, so as to change and extend the corporate limits of the said town of Decatur by the incorporation of outlying and contiguous territory, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the town of Decatur, in the county of DeKalb be, and the same is, hereby, amended so as to change and extend the corporate limits of said town by including therein the following described additional territory, to-wit: Commencing at a point in the center of South Candler street where the Southern limits of said town now crosses said street, and running thence in Southern direction along the center of said street to Hill street; thence West along the center of Hill street to McCoy

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street; thence North along the center of McCoy street to a point where said street now intersects with the limits of the town of Decatur; thence in an Easterly and Southerly direction around the present corporate limits of said town to the point of beginning. Decatur, town of. corporate limits. SEC. 2. Be it further enacted, That from and after the passage of this Act said additional territory shall become a part of the town of Decatur, and the residents thereof, and the property therein, now and hereafter, shall be subject to the laws and ordinances of force at the time of the passage of this Act and to such laws and ordinances as may be passed hereafter affecting the town of Decatur to the same extent as other residents and other property of said town are subject. 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 August 15, 1910. DECATUR, TOWN OF, CONFIRMATION OF CORPORATE ACTS. No. 361. An Act to ratify and confirm the closing of formerly College street a portion of Haddock street and the change of Ansley street in the town of Decatur, in DeKalb county by the mayor and council of said town and to ratify and confirm the action of the said mayor and

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council in reference to the franchise of the Georgia Railway and Electric Company, upon said Ansley street as changed and upon a portion of Candler street in connection therewith and for other purposes. SECTION 1. Whereas heretofore the mayor and council of the town of Decatur in DeKalb county consented to and authorized the closing of College street between Ansley street and South Railroad avenue, in the town of Decatur, DeKalb county; which said closing has been agreed to by all the abutting property owners thereon and the public generally. Decatur, town of, College street. SEC. 2. Whereas the said mayor and council have also heretofore consented to and authorized a change in the location of the Eastern end of Ansley street in said town, from a point one hundred feet more or less West of Haddock street Eastwardly to its intersection with Candler street which said change has been agreed to by all the abutting property owners and the public generally. Ansley street. SEC. 3. And whereas, under the agreement by the said mayor and council, Agnes Scott College, and the Georgia Railway and Electric Company, the said College assumed and paid the expenses of changing said streets and opening a new location for said Ansley street and supplying the right of way therefor in consideration of which the right, title and fee of the land upon which said streets were formally located was vested in said College. SEC. 4. And whereas in changing said Ansley street it was necessary for said Georgia Railway and Electric Company to surrender its franchise granted prior to the new charter for the town of Decatur in 1909, for the occupation

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of said Ansley street as then located and on a portion of Haddock street and to re-locate on said new Ansley street as changed and to connect its line on Candler street between the old and new intersections of Ansley street, a distance of two hundred feet more or less and whereas said Georgia Railway and Electric Company agreed to said change and surrender of its franchise on said Ansley street, in consideration of the transfer of its old franchise to said newly located Ansley street and the right to connect up its line in said Candler street, from the new to the old intersection of Ansley street therewith, the same to be under its original grant or franchise and with all of its rights, privileges and immunities thereunder. SEC. 5. And whereas all of these mutual agreements and stipulations between the said mayor and council, Agnes Scott College and the Georgia Railway and Electric Company have been and are being carried out in good faith, and the public generally are informed thereof and are consenting thereto. SEC. 6. Now therefore be it enacted by the General Assembly of Georgia and it is hereby enacted by the same, That each and all of the Acts, ordinances, grants and agreements above set forth are hereby ratified and confirmed by the General Assembly of Georgia, to-wit: Closing of College street; the closing of the Eastern end of Ansley street as aforesaid; the re-locating of the same and the closing of one hundred feet more or less of Haddock street between the old and new location of Ansley street, the grant of the fee to said abandoned streets to Agnes Scott College and the grant of franchises to the Georgia Railway and Electric Co. on the re-located portion of Ansley street and on Candler street as aforesaid, the same being under and by virtue of

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its old franchise on Ansley and Haddock streets and only subject to the restriction therein and with all the rights, privileges and immunities of its said original franchises on said streets and for the same term as it was granted and according to the true legal tenor and effect thereof as it originally stood, notwithstanding any provisions to the contrary in the revised charter of 1909 of Decatur. Confirmation of corporate acts and agreements. 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 5, 1910. DEXTER, TOWN OF, NEW CHARTER. No. 540. An Act to create a new charter for the town of Dexter, in the county of Laurens, State of Georgia, to grant certain privileges to said town; to provide the corporate limits of the same; to provide a mayor and council for said town; to consolidate and declare the rights and powers of said town; to repeal all Acts and laws in conflict with this Act; to provide for the election of officers; to provide for their rights, powers and duties; to prescribe the qualifications of electors; to provide for the government of said corporation; provide for the exercise of the right of eminent domain in and by said town; to provide a system of public schools for said town, and for the maintenance of the same, 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 town of Dexter, in Laurens county, be incorporated under the name and style of Town of Dexter, and under such name shall have the right to sue and be sued in any of the courts of this State, to plead and be impleaded, to have and use a common seal, and shall have the right to receive, purchase, or hold any real or personal property within the limits of said town for corporate purposes, and shall succeed to all the rights and property, and to the debts and liabilities of the town of Dexter under its charter heretofore granted under an Act approved August 22d, 1891, and all Acts amendatory thereof. Dexter, town of, new charter SEC. 2. Be it further enacted, That the present mayor and council of the town of Dexter shall, upon the passage of this Act become the mayor and councilmen of Dexter under this Act, and said mayor and council shall exercise all the privileges and duties and rights as such officers of said town until their successors are elected and qualified as hereinafter provided for. Mayor and councilmen appointed. SEC. 3. Be it further enacted, That the corporate limits of said town of Dexter shall be one-half mile in any direction from the depot warehouse, on the Wrightsville and Tennille Railroad. Corporate limits. SEC. 4. Be it further enacted, That the municipal government of said town shall be vested in a mayor and five aldermen, who shall be styled the mayor and council of said town; such mayor and aldermen shall hold their offices for one year, or until their successors are elected and qualified. They shall be freeholders in said town, not under twenty-one years of age, and shall have been bona fide residents of said town for three months preceding their election. Municipal government.

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SEC. 5. Be it further enacted, That the first annual election for mayor and aldermen of said town shall be held on the first Thursday in November, 1910, and on the same day in each year thereafter; and no primary held for the purpose of nominating said officers shall be called for a date longer than sixty days before such general election. The voters at said election shall be bona fide residents of said town, and who are otherwise qualified to vote for members of the General Assembly, and who shall have paid all taxes legally imposed and demanded by the authorities of said town, and have done all work on the streets, and who have resided within the jurisdictional limits of said town three months prior to said election, and have registered as hereinafter provided. Election of mayor and aldermen. SEC. 6. Be it further enacted, That said elections shall be held in the town hall in said town, and that any two citizens who shall be freeholders, or one citizen, a freeholder, and one Justice of the Peace or Notary Public, may hold and manage said elections. The polls shall be opened at ten o'clock a. m. and close at two o'clock p. m. The managers shall take the oath required by the statutes of this State of all managers of elections held for the State or county officers; shall receive and count the votes cast at said election; shall keep the two lists of the persons voting at said election, and two tally sheets, and shall deposit, at the close of such election, one list of voters and one tally sheet, both certified to being true and correct, in the office of clerk of council to be by him kept for inspection; also when said managers have finished the count, they shall give to the persons receiving the highest number of votes cast, certificates under their hands and seals of election as mayor and alderman, as the case may be, and said officers so elected shall enter upon the discharge of their duties as

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such officers, in the manner and under the qualifications hereinafter set our, on the first Monday in January of each year following said elections. Elections, how held. SEC. 7. Be it further enacted, That any vacancy caused by the death, resignation, or otherwise, of the office of mayor or alderman in said town shall be filled in the following manner: If the office of mayor shall become vacant by death, resignation or otherwise, the aldermen of said town shall, at the first regular meeting of the council after such vacancy occurs, elect one of their number mayor pro tem to fill such office until an election can be held for the election of a regular mayor to fill the unexpired term, which election shall be called at the same meeting and the date of said election shall not be fixed at a time later than sixty days from the date of said meeting. The election so called and held shall be conducted in the same manner and under the same rules and regulations as general elections for said town. The voters at said elections shall have the qualifications required of the electors in the next preceding general election of said town. When the office of any alderman of said town shall become vacant by death, resignation or otherwise, the mayor shall at the next regular meeting of the council, appoint, with the consent and advice, of at least three of the aldermen of the council, a person with all the qualifications required of an elected alderman, to fill such vacancy for the unexpired term. Provided, The person so appointed shall refuse or fail to qualify, by the next meeting of said council after such appointment is made, then the mayor under the same rules shall appoint some other qualified person for such place, and this power shall exist until such vacancy is filled. Vacancies, how filled.

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SEC. 8. Be it enacted further, That the said mayor and aldermen may elect one of their number mayor pro tem, who shall have authority to discharge the duties of mayor whenever from sickness, absence from town or other cause, the mayor is unable or fails to act. Mayor pro tem. SEC. 9. Be it further enacted, That the mayor, mayor pro term in the absence of the regular mayor, and three aldermen shall constitute a quorum for the transaction of any business before the town council at its regular meetings, and that the mayor and three aldermen shall constitute a quorum for the transaction of any business at any 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 at least once in every month, and oftener if they think best, at stated times and at a stated place in said town, and shall hold such meetings as may be ordered by the mayor, or, in his absence or sickness, by the mayor pro tem, for special purposes, or when requested to do so by a majority of the aldermen, all meetings of the town council shall be public, and the public shall be allowed at all times to witness their deliberations, except when the town council resolves itself into executive session, when the public shall be excluded. Meetings of council. SEC. 10. Be it further enacted, That the mayor, mayor pro tem, and each alderman, before entering upon the discharge of their duties, shall take and subscribe before some officer authorized by law to administer oaths in this State an oath to faithfully and uprightly discharge the duties of their respective offices, and as in their judgment shall best promote the general welfare of the inhabitants of said town and the common interests thereof, which oath shall be entered of record upon the minutes of the council. Oath of mayor and aldermen.

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SEC. 11. Be it further enacted, That said mayor and council shall provide, by ordinance, for the registration of all voters in said town, for the punishment for illegal registration, when said books shall be open, by whom kept and when closed. Registration of voters. SEC. 12. Be it further enacted, That said mayor and aldermen shall have full power and authority to provide by ordinance for the mode and manner of contesting elections for mayor and aldermen of 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 or of the United States. Contested elections. SEC. 13. Be it further enacted, That said mayor and alderman at their first meeting, after being elected and qualified, shall have the power to elect a clerk, who may be treasurer, also power to elect a marshal. They shall have power to fix the compensation of such officers, their term of office, require such security for the faithful performance of duty, to prescribe the powers and define the duties of such clerk and marshal, and to adopt and enforce all such rules and regulations as may be essential to their own government as mayor and council of said town. The salary of mayor shall not exceed $100.00, and the salary of alderman shall not exceed $25.00 per annum, to be fixed by the mayor and council. Municipal officers. SEC. 14. Be it further enacted, That said mayor and council shall have power within said town to lay off, establish, vacate, alter, improve and keep in good order and repair, the streets, roads, alleys and sidewalks for the use of

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the public and citizens of said town; to open and lay out such new streets in said town as the public interest may require, and for this purpose may condemn and take private property when the same is necessary under the same rules and regulations that the counties of this State condemn and take private property for public use; to establish and regulate markets; to prevent injury and annoyance to the public or individuals, from anything dangerous, offensive or unwholesome, to prevent hogs, horses, cattle, sheep, goats or other animals from going at large in said town; to define and abate nuisances within the limits of said town, and to prescribe penalties for violations of any order made by the mayor and council for the abatement of any nuisance; to regulate the keeping of gun powder or other combustibles; to have charge of the cemeteries of said town for the purpose of keeping them in good order and preservation; to protect the property of persons and citizens of said town from injury; to preserve peace and good order, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to provide a revenue for said town by levying a tax on the property situated in said town, which tax shall not, in any one year, exceed one and one-half per cent. of the value of said property; all said taxes levied to be in accordance with the Constitution and laws of this State, and to ascertain the value of property in said town for the purpose of taxation, said mayor and council shall have power to appoint three assessors, bona fide residents of said town, to serve one year, whose duties shall be as defined by said mayor and council, and in accordance with the powers conferred by this Act; provided, expenditures of money and labor performed shall be for the general benefit and public improvement of the town, and said mayor and council shall have power and authority to levy and collect a tax upon any and all persons

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doing or carrying on within limits of said town any business, trade, calling or vocation whatever. Powers of mayor and council. SEC. 15. Be it further enacted, That in order to carry into effect all the powers hereinbefore enumerated and by this Act conferred upon said corporation and said mayor and council, said mayor and council shall have power to make and pass all needful orders, by-laws, ordinances, rules and regulations, not contrary to the Constitution and the laws of this State, and impose, prescribe, enact reasonable fines, penalties and imprisonments, in the county jail of the county, or such other place as the corporation may provide for a violation of the same, or any part thereof; provided, however, that no penalty for such violation shall exceed a fine of One Hundred Dollars in amount, or imprisonment for more than ninety days, except as hereinafter provided; and it shall be lawful, for the purpose of enforcing said ordinances of said town, in lieu of fine or imprisonment said penalty made to work on the streets of said town, not to exceed ninety days any one time for one penalty; provided, that the corporate authorities alone shall be liable for the jail fees of all persons confined therein for the violation of town laws; and provided, further, that the jailer shall not be compelled to receive any prisoner sentenced under the provisions of this Act, until the satisfactory arrangements have been made by the corporate authorities for the payment of the jail fees; provided, the right of appeal to council is hereby given. Penal powers of mayor and council. SEC. 16. Be it further enacted, That all male citizens who are subject to road duty under the laws of this State, residing within the limits of said town shall be liable to road and street duty in said town, and shall, if required by council, work not exceeding six days in any one year

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and not exceeding one day in any one month by himself or an accepted substitute (to be judged by the mayor), on the streets, roads, sidewalks or alleys of said town, under the direction of such superintendent of street work as the council may appoint, or he may be relieved from such work upon payment of a sum not exceeding three dollars to said council as they assess as commutation street tax, and all funds arising from this source or in the matter of streets shall be applied only to the repair of streets, sidewalks, alleys and the improvement of the same; provided, that the person subject to street and road duty in said town be exempt from all other road duty. Street work or tax. SEC. 17. Be it further enacted, That the mayor shall be the chief executive officer of said town; he shall preside at all meetings of the council, and in case of a tie he shall give the deciding vote; he shall preside at all the police courts and shall hear and determine the same, upon trial of offenders, he shall punish by such fines, imprisonment, or both, as in his discretion shall seem just, or in lieu of fine or imprisonment, he may sentence such offenders to work on the streets, and in case of fine being imposed, said mayor shall have power to enter up judgment against the offender for the amount of the fine imposed, or for taxes assessed and unpaid, and cost of proceeding; and it shall be the duty of the clerk of council to issue execution thereon delivered to the marshal of Dexter, and all and singular the constables of this State, which execution shall bear test in the name of the mayor, and may be levied upon any property of the defendant in this State, subject by the law to buy and sell, and the same laws, rules and regulations which govern constable's sales in this State shall govern marshal's sales and constable's sales made under the provisions of this Act. Mayor, powers and duties of.

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SEC. 18. Be it further enacted, That within the corporate limits of said town, said mayor or acting mayor shall be ex-officio justice of the peace for the purpose of administering oaths and attesting papers under his seal, and for issuing warrants for offences committed in said town against the State or individuals, and shall have power to sit as a court of inquiry, and of binding or committing to jail the offenders, to appear before any court having jurisdiction of the same; that said mayor sitting as a judge of the police court or as a court of inquiry shall have power to punish for a contempt by a fine not to exceed (10) ten dollars, or imprisonment not to exceed five days. Mayor's court. SEC. 19. Be it further enacted, That of the tax of one and one-half per cent. which the mayor and council of said town have power to levy upon all property in the limits of said town, one-half of one per cent. shall be for the support of a common public school system which they are hereby authorized to establish and maintain upon such plan and under such regulations as they may deem best. Taxation. SEC. 20. Be it further enacted, That the public schools of the town of Dexter shall be controlled by a board of education to be elected by the mayor and council of said town, said mayor and council to have the power and authority to fix the number of said board of education, prescribe their duties and fix the term for which they shall hold office; and by resolution and ordinances to provide for the proper management of said school. Board of education. SEC. 21. Be it further enacted, That the board of education of the town of Dexter shall prepare and take a census of all the pupils residing in said town, annually, after the passage of this Act, who are under the law, entitled to participate

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in the State school fund, and furnish report of the result of said census of the State School Commissioner on or before the first day of February of each year. Census of school children. SEC. 22. Be it further enacted, That upon the receipt of the report of the result of said census, the State School Commissioner shall apportion to said town its pro rata share of the State School Fund, based upon the result of said annual census, and pay over such pro rata share to the treasurer of the board of education of the town of Dexter. Pro rata share of State school fund. SEC. 23. Be it further enacted, That the mayor and council of said town are hereby expressly authorized to pass any ordinance not in conflict with the Constitution of the United States, or of this State or the laws thereof, to prohibit the storage or keeping of wines, beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes, and to furnish within the limits prescribed by this any person or persons violating the same. Intoxicants. SEC. 24. Be it further enacted, that the mayor, upon the complaint supported by oath or affirmation of any citizen of said town, setting forth in writing that to the best of his knowledge and belief that wines, beer, malt or alcoholic or intoxicating liquors are stored or kept for the purpose or with the intent of illegally selling or otherwise illegally disposing of the same in a certain described place within the corporate limits of said town, shall thereupon issue a search warrant, directed to the chief of police and policemen, commanding the chief of police and policemen to enter the suspected place, search for the described wine beer, malt, alcoholic or other intoxicating liquors and seize them upon discovery; that the officer shall hold the good in his custody and make return of his action and doings upon

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the warrant to the mayor; that the chief of police or any of the policemen of the said town may seize wine, beer, malt, alcoholic or intoxicating liquors, found by him or them or any one of them in any case where said chief of police or policemen would have been authorized to search for said articles mentioned above, if armed with a warrant, but he shall then, within a reasonable time procure a warrant and make return as above of what he has already done; that a written notice shall be served by the chief of police upon the party appearing to have the said liquors in his custody or control, or if no one appears to be in immediate control of the same, upon the person who appears to have control of the building or the place where the same were found, to appear and defend, the setting forth, when and where a hearing shall be had on the warrant, to determine whether the law has been violated by the storing or keeping of said wine, beer, malt, alcoholic or intoxicating liquors, and if such question shall be determined affirmatively, the property aforesaid shall be destroyed by the chief of police after the lapse of thirty days from the date of the judgment on the warrant, unless the proper steps are taken in that time to have such judgment reviewed by a higher court. Search warrants for intoxicants. SEC. 25. Be it further enacted, That the mayor and council of said town shall have power to establish and fix fire limits in said town, and from time to time in their discretion to extend and enlarge the same. When said fire limits are so fixed and established it shall not be lawful for any one to erect therein any buildings except such as are commonly known as fire proof buildings, and built with such materials as brick, concrete, stone, iron and such other materials as are considered as fire proof; should any one erect or cause to be erected within such fire limits so established any building or other structure of any kind other than with

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such materials as set out in this Section, the said mayor and council after giving five days notice, shall cause the same to be removed at the expense of the owner of such building or other structure. Such expenses shall be collected by execution, as in other cases. Fire limits. SEC. 26. Be it further enacted, That the mayor and council shall have power and authority to impose a license upon dogs within the limits of said town in such a manner and mode as said mayor and council shall deem best; provided, in no case shall the license exceed one dollar per capita per annum on said dogs. Dog tax. SEC. 27. Be it further enacted, That the board of education of said town shall have power and authority to require each pupil desiring to attend the Dexter public schools, a matriculation fee not exceeding four dollars per annum. Said fee to be paid to and disbursed by the treasurer of said board as other public school funds. Matriculation fee of public schools. SEC. 28. Be it further enacted, that from and after the passage of this Act the mayor and council of the town of Dexter are authorized and empowered to submit to the qualified voters of said town under the provisions of the Code of Georgia of 1895, Section 377 to 381, both inclusive and other Sections of said Code and Acts amendatory thereto relating thereto, the question of issuing bonds in a sum not to exceed fifty thousand dollars, and to be held for the purpose of establishing, building, maintaining and operating a system of electric lights, or a system of waterworks and sewerage, one or all of said systems for said town of Dexter, and at said election the ballots shall be written or printed For electric lights and bonds or Against electric lights and bonds, For waterworks and bonds or

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Against waterworks and bonds, For waterworks, sewerage and bonds or Against waterworks, sewerage and bonds, as the case may be, according to the question submitted, as waterworks, electric lights, or waterworks and sewerage, or for all, as may be deemed most advisable by the mayor and council of said town. Bonds for lights, water and sewerage. (a) Should said election or elections herein provided for result in favor of electric lights, waterworks, or waterworks and sewerage, or all, as the case may be, then the mayor and town council of Dexter shall be, and they are hereby authorized to issue said bonds for said purpose in a sum not to exceed fifty thousand dollars, and each of said bonds to be issued to be in such sum as said mayor and council may determine, said bonds to be payable in thirty years, but the interest on said bonds shall be payable annually. When issued. (b) Said bonds shall be officially signed by the mayor and clerk of Dexter under its corporate seal, and shall be sold, hypothecated or disposed of to the very best advantage of said town as may be determined by the mayor and council of said town of Dexter, and the proceeds thereof shall be used exclusively for the purposes of establishing, building, maintaining and operating either a system of electric lights, waterworks, or waterworks and sewerage, or all, as the case may be, for said town. How signed. Application of proceeds. (c) The mayor and town council shall have full power and authority to make all rules and regulations and ordinances relative to said electric lights, waterworks, or waterworks and sewerage, and the use of the same by the citizens of said town that they may deem proper not in conflict with the laws of this State, and when deemed advisable may fix

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rules and regulations for furnishing lights and water to persons residing beyond the limits of said town, and collect for the same. Rules for use of water and light. (d) The mayor and council are hereby empowered and authorized to charge the citizens of said town and other persons such sums as they, the mayor and council, may deem just and proper for the use of said lights, waterworks and sewerage. Rates for water and light. (e) The mayor and town council are hereby authorized to annually assess, levy and collect a tax on all the property, both real and personal, within the corporate limits of said town, in such sum as they may deem necessary, right and proper for the specific purpose of paying the interest on said bonds and accumulating a sinking fund for the payment of the principal of said bonds on their maturity, the said tax so assessed, levied and collected to be kept separate and distinct from all other taxes, and shall be used solely for the payment of the interest and principal on said bonds aforesaid. Tax to pay bonds. (f) The principal of said bonds, when they shall become due, and the coupons or interest warrants on the same shall be receivable by the town of Dexter in payment of all dues to said town, and said bonds shall not be taxable, directly or indirectly, by the town of Dexter. Bonds receivable for public dues. Nontaxable. (g) Be it further enacted, That the election herein provided for either electric lights, waterworks, or waterworks and sewerage, or all, should be against the issuing of bonds for either or all systems, or should there be a failure give the notice and make the application for confirmation and validation of said bonds as provided in Sections

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1 to 9 of the Act of the Georgia Legislature approved December 6th, 1897, providing for the confirmation and validation of such bonds, then, in that or either event, the mayor and council of the town of Dexter, at their own instance, or upon the application of any fifteen freeholders of said town, at any time thereafter may order another election under the provisions of this Act; provided, only, that such election shall not be held oftener than once in every three months. Subsequent elections. SEC. 29. Be it further enacted, That all laws, by-laws, rules and regulations, and ordinances, heretofore in force in said town, under the charter heretofore granted to said town, and all powers and privileges exercised by said town under and by virtue of the said charter heretofore granted to said town, which are not in conflict with the provisions of this Act, shall, and the same are hereby continued of full force under this charter. Existing ordinances. SEC. 30. Be it further enacted, That this Act shall take effect and be of force from and after its passage, and all laws and parts of laws in conflict herewith are hereby repealed. Approved August 15, 1910. DOERUN, TOWN OF, CHARTER AMENDED. No. 427. An Act to amend the charter of the town of Doerun; to authorize and empower the mayor and council of said town of Doerun to purchase, build, establish, maintain

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and operate a system of waterworks and electric lights for said town, to build and construct a suitable school building for use by the Doerun schools, to hold an election on a day specified, to determine the question of creating a debt against said town by the issuance of bonds for said purposes, to provide for the assessment and collection of an annual tax on the property in said town for the purpose of paying the principal and interest of said bonds, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the town of Doerun in Colquitt county shall have power and authority, and the same is hereby conferred upon them, to issue bonds to an amount not to exceed twenty thousand ($20,000.00) dollars; provided, the qualified voters of said town shall, at an election to be held for that purpose, by a Constitutional majority, vote in favor of issuing said bonds, and said mayor and council is empowered and authorized to call an election at any time for the issuing of said bonds, or any part thereof, as they may deem to the best interest of said town, in accordance with the provisions of the Code of Georgia of 1895, Sections 377-381, inclusive. Doerun, town of, election for bonds. SEC. 2. Said bonds shall be of such denominations as the mayor and council shall decide upon and direct; that shall bear such rate of interest not to exceed six per cent. per annum as may be determined upon by said mayor and council. Denominations and rate of interest. SEC. 3. With the proceeds arising from the sale of said bonds the said mayor and council are hereby authorized to construct a system of electric lights for said town; and to

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build and construct and maintain a suitable building for use of the public schools of Doerun. Lights and school houses. SEC. 4. Should the said mayor and council deem it to the best interest of the town of Doerun to call an election for the issuance of bonds for the construction of waterworks, or electric lights, or for school purposes, then, and in that event the call for an election shall state the purposes for which the fund arising from the sale of said bonds shall be used by the said mayor and council for the purpose or purposes designated in the call for an election. Bonds for lights, water and schools. SEC. 5. Said mayor and council shall have the power and authority to assess, levy and collect annually a sufficient tax upon the taxable property of said town to pay the interest of said bonds as the same shall become due, and to provide a sinking fund for the redemption of said bonds as the principal thereof shall become due, and to maintain and operate a system of waterworks, electric lights, or suitable school buildings, which may be put in operation by said mayor and council; provided, that the tax so levied for said purposes shall not exceed the sum of twenty-five cents upon every one hundred dollars of the value of the property, both real and personal, in addition to the tax rate already determined and fixed for said town. Tax to pay bonds. SEC. 6. 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 12, 1910.

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DUBLIN, CITY OF, NEW CHARTER. No. 513. An Act to create a new charter for the city of Dublin, in the county of Laurens and to re-incorporate said city and define its territorial limits. To continue in operation, confirm and consolidate all Acts heretofore passed incorporating said city and amending the charter thereof. To provide that all ordinances, rules, regulations and resolutions of said city now in force, not in conflict with this Act, be preserved and continued of force and valid and binding until the same are repealed or amended by the mayor and board of aldermen of said city. To declare and consolidate the rights and powers of said incorporation. To prescribe the rights and powers, duties and liabilities and qualifications of all officers and the manner of their election and removal from office. To provide for the retention in office of the present officers of said city until the elections provided for in this charter are held. To provide the manner and time for all elections in said city. To provide for the qualification of all electors or voters therein; and for the registration of the same. To provide for a recorder's court and the trial and punishment therein of all offenders against the laws of said city and the manner of appeal therefrom. To provide for a city chaingang and the working of prisoners therein. To provide for a fire department, a board of health, a water and light commission. A police department and to prescribe the rights, powers, duties and liabilities of the same. To authorize the mayor and board of aldermen to maintain and operate a system of waterworks and sewers and electric light plant. To authorize said city to borrow

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money and issue bonds and other evidences of debt for public purposes. To provide for public parks and cemeteries. To provide for streets, avenues, lanes, alleys, sidewalks and crossings and for the laying out, opening, grading, working and paving of the same. To provide for the assessment, levy and collection of an ad valorem tax on all property real and personal for general purposes and for paying the principal and interest on the bonded debt of the city. To authorize the assessment and collection of a tax for working the streets of said city. To authorize the taxation and license of all kinds of business, trades, professions, shows, exhibitions and entertainments in said city. To provide for the maintenance and supervision of the public schools of said city. To provide for the maintenance of a public library. To provide for the abatement of nuisances. To prohibit the sale of all intoxicating liquors in said city. To prohibit the keeping or storing for illegal purposes of all intoxicating liquors; to provide for search for the same and the seizure and destruction thereof, and the punishment of offenders. To grant encroachment on the streets. To force the connection of all closets, etc., with the sanitary sewers, to provide penalties for failure to do so, and regulate the manner in which the city shall do said work and hold and enforce a lien against the property for the same. To provide for all matters and things necessary, proper or incident to municipal 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 designated be, and they are hereby constituted and continued a body politic and corporate under the name and style of

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the city of Dublin; and by that name and style shall have perpetual succession with power and authority in and by said corporation to contract and be contracted with, to sue and be sued, to plead and be impleaded in any court of law or equity in this State, or elsewhere as their rights may come in question; shall have and use a common seal; shall be able in law and equity to purchase, have, hold, enjoy, receive, possess and retain, to them, their successors and assigns, for the use and benefit of said city of Dublin, in perpetuity, or for any term of years, any estate or estates, and any and all kinds of property, real and personal, lands, tenements and hereditaments of whatsoever kind or nature, within or without the corporate limits of said city, for corporate purposes. To have and to hold all property now belonging to said city; either in its own name or in the name of others, to the use of said city for the purposes and intents for which the same were given, granted or dedicated; to use, manage and improve, sell, convey, rent or lease the same; and shall have like powers over all property hereafter acquired; and shall succeed to all the rights and liabilities of the present corporation of the city of Dublin. They shall have the power to borrow money and give evidences of indebtedness for the same, to issue bonds, and to do and perform all and every Act and Acts necessary or incidental to the raising of funds for the legitimate use of said city. They shall have the right, power and authority to govern themselves by such rules, laws, by-laws, regulations, resolutions, ordinances or other orders as they may deem proper; not in conflict with this charter or the Constitution and laws of this State or of the United States. Dublin, city of, re-incorporated. Corporate powers. SEC. 2. Be it further enacted, That the corporate limits of the city of Dublin shall begin at a point on the Eastern

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bank of the Oconee river at high water mark, one mile in an Easterly direction from the center of the court house in the county of Laurens and State of Georgia, as it is now situated; and shall run from said beginning point along the present lines of said corporate limits in a Southwesterly direction to where the present city limits crosses and intersects South Jefferson street; and thence from South Jefferson street 66 and 55 West a distance of 2,289 feet; thence South 48 and 55 West a distance of 1,249 feet; thence South 43 and 30 minutes West a distance of 934 feet; thence South 95 and 28 West a distance of 1,535 feet; thence North 46 and 30 West a distance of 3,958 feet; thence North 13 and 30 West a distance of 1,183 feet; thence North 26 and 55 West a distance of 2,336 feet; thence North 7 West a distance of 480 feet; thence North 34 and 4 East a distance of 3,955 feet; thence North 37 and 50 West a distance of 10,085 feet; thence North 28 East a distance of 287 feet; thence South 47 and 15 East a distance of 1,000 feet; thence North 51 East a distance of 3,975 feet; thence North 22 and 30 East a distance of 794 feet; thence South 81 and 30 East a distance of 2,716 feet; thence South 49 and 4 East a distance of 2,716 feet; thence South 49 and 4 East a distance of 3,384 feet, to the Eastern bank of the Oconee river in a Northeasterly direction from the said Laurens county courthouse, and thence along the Eastern bank of said Oconee river, at high water mark, back to the starting point. Corporate limits. SEC. 3. Be it further enacted, That said city shall be divided into four wards, numbered respectively 1, 2, 3, and

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4. That the First ward shall consist of all of that part of the territory of said city lying East of South Monroe street, North Telfair street and South Lawrence street and South of Jackson street. The Second ward shall consist of all that part of the territory of said city lying West of South Monroe street, Telfair street North and Lawrence street South and South of Jackson street and Bellevue Avenue. The Third ward shall consist of all that part of the territory of said city lying North of South Jackson street and East of North Jefferson street. The Fourth ward shall consist of all that part of the territory of said city lying West of North Jefferson street and North of West Jackson street and Bellevue avenue. City wards. SEC. 4. Be it further enacted, That all that territory added to the city limits by Act approved August 11th, 1908, shall be taxed as farm land, with privilege of owners to keep stock thereon, as long as the same is used as farm lands; but whenever the same or any part thereof is cut up into city lots, it shall be taxed and controlled as other city property. Tax on farm lands. SEC. 5. Be it further enacted, That the municipal government of said city shall be vested in a mayor and seven aldermen, to be elected as hereinafter provided; and such other officers as said mayor and aldermen may consider right and proper to elect or appoint, as hereinafter provided. That said mayor and aldermen shall constitute the legislative department of said city and as such shall have full power and authority, from time to time, to make and establish such rules, laws, ordinances, regulations and orders as may to them seem right and proper respecting streets, sidewalks, alleys, lanes, parks, open courts, rail-roads, street-railways, automobiles, bicycles, wharfs, carriages,

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drays, hacks, cabs, wagons, airships, livery and sale stables, hitching places, butcher and slaughter pens, markets, public houses, hotels, public boarding houses, sleeping apartments, restaurants, opera houses, theaters, picture shows, dance halls and other places of amusement, bowling alleys, pool and billiard rooms, garages, shops, mills, factories, ginneries, soda fountains, barber shops, telephone and telegraph and express companies, gas, water and light and electric companies, booths, stands, warehouses, tents and all and every other matter and thing whatsoever, that may be by them considered necessary or proper or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city and for preserving the peace, good order and dignity of said government. This enumeration of powers shall not be construed as restricted to said powers alone but shall include all and every other thing and Act necessary or incident to municipal government, and shall not conflict with any special power or authority given said city government by this Act or by any Act or Acts heretofore passed, but shall be construed as in addition to and in aid of such powers. Mayor and aldermen, powers of. SEC. 6. Be it further enacted, That on the first Monday in July 1911, and every two years thereafter, there shall be held an election for a mayor and four aldermen, one of whom shall be elected from and to represent each of said four wards. And that on the first Monday in July 1912, and every two years thereafter, there shall be held an election for three aldermen from the city at large. That said mayor and aldermen so elected shall hold office for a period of two years and until their successors are elected and qualified. That the present mayor, L. Q. Stubbs, and the present four aldermen elected from said wards, to-wit: W. B. Outler

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from the first ward, J. O. Barnes from the second ward, W. C. Davis from the third ward, B. M. Grier from the fourth ward, shall hold office and discharge the duties thereof until the first election under this charter to be held on the first Monday in July 1911; and that the three aldermen from the city at large, to-wit: D. S. Emerson, W. B. Rogers and J. C. Pittman shall hold office and discharge the duties thereof until the election to be held under this charter for aldermen at large on the first Monday in July 1912. That all minor officers elected or appointed by said mayor and aldermen shall hold office and discharge the duties thereof for the terms for which they were elected or appointed, unless sooner removed by said mayor and aldermen for cause. Election of mayor and aldermen. SEC. 7. Be it further enacted, That every male person who shall have attained the age of twenty-one years and who is a citizen of the United States and who shall have resided and had his domicile in the State of Georgia for one year and in the county of Laurens for six months and the city of Dublin for three months next preceding the date of election and who shall have paid all State and county taxes since the adoption of the present Constitution of the State of Georgia and who shall have paid all municipal taxes and licenses and done all work on streets, to and by the city of Dublin since the approval by the Governor of this charter, and who are otherwise qualified to vote for members of the General Assembly of the State of Georgia and who have registered as hereinafter provided, shall be qualified to vote at any election held in the city of Dublin under this charter. Voters. SEC. 8. Be it further enacted, That the clerk of the city council of Dublin shall keep a registration book for

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the registration of all persons qualified to vote, which shall be kept open every day during office hours, except Sundays, for the registration of voters. That every person offering to register shall apply in person to said city clerk and shall write or cause to be written his name, age, occupation, color and the ward in which he lives, in said registration book. The registration book shall be closed thirty days before any election and no person shall be allowed to register after said book is closed. The clerk of the city of Dublin is hereby made the registrar and he shall keep separate the names of all white and colored voters and shall not permit any person to register who is not qualified to do so, or who shall refuse when required, to take the following oath. I do solemnly swear (or affirm) that I am 21 years of age or will be so on the day of the election for which I am registering to vote; that I am of the United States; that I have resided and had my domicile in the State of Georgia for one year; and in the county of Laurens for six months; and in the city of Dublin for three months immediately preceding the election for which I am registering to vote. That I have paid all State and county taxes since the adoption of the present Constitution of the State of Georgia; that I have paid all municipal taxes and licenses demanded of me by the government of the city of Dublin, and have done all work on the streets required of me by said city government since the approval of this charter by the Governor, and that I am otherwise qualified to vote for members of the General Assembly of the State of Georgia. So help me God. The registrar is authorized to administer said oath, and when persons are so sworn he shall designate the fact on said registration book. Any person swearing falsely under this Section shall be subject to indictment and punishment as in other cases of false swearing under the laws of this State. Registration of voters.

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SEC. 9. Be it further enacted, That there may be an appeal from the decision of the registrar to a committee from the board of aldermen previously appointed by the mayor for that purpose, whose decision shall be final. All appeals shall be made, heard, and determined within 15 days from the close of the registration book. After all appeals are decided it shall be the duty of the registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of the same. The registration book shall be opened to the inspection of the public at all times during office hours. Appeals from decision of registrar. SEC. 10. Be it further enacted, That in all elections held for the purpose of authorizing the issuing of bonds by the mayor and aldermen of said city, and in all special elections for any purpose whatever, a special registration shall be had for such elections, and said registration list shall be prepared in the same manner and under the same rules and regulations as provided in this Act for the elections for mayor and aldermen of said city, and no such bond election or special election shall be held without special registration therefor, unless said election shall occur within three months after the close of the registration book for the election just preceding. Special registration for special elections. SEC. 11. Be it further enacted, That the mayor shall appoint three freeholders of said city or a justice of the peace and two freeholders of said city, who shall be registered voters therein to manage said elections. It shall be the duty of said managers to receive, count and verify the votes polled. Each of said managers before entering on his duties shall take and subscribe the following oath before some officer authorized by the law of Georgia to administer oaths. I do solemnly swear that I will faithfully

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and impartially conduct the election for which I am appointed manager, and prevent all illegal voting to the best of my ability and power. So help me God. Election managers. SEC. 12. Be it further enacted, That if any person offering to vote at any election is challenged he shall take the following oath. I do solemnly swear that I am 21 years of age; that I am a citizen of the United States and that I have resided in and had my domicile in the State of Georgia for one year, and in the county of Laurens for six months, and in the city of Dublin for three months immediately preceding this election; that I have paid all State and county taxes since the adoption of the present Constitution of the State of Georgia, and all municipal taxes and licenses, and have done all street work legally required of me by the authorities of the city of Dublin; that I am otherwise qualified to vote for members of the General Assembly of Georgia; that I have registered according to law and that I have not voted in this election. So help me God. And no person challenged shall be allowed to vote if he refuses to take said oath. Any person voting illegally at any election in the city of Dublin shall be liable to the same penalties prescribed by th laws of the State of Georgia for illegal voting in the State and county elections, and may be prosecuted for the same in any court in Laurens county having jurisdiction of the same. Challenge of vote. SEC. 13. Be it further enacted, That it shall be the duty of the mayor to furnish all necessary material for holding elections in said city; and he shall cause to be published in the gazette in which the legal advertisements of said city are published the names of the managers of said elections in one issue only of said paper, ten days before said election. All elections shall be held at the city hall in

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said city, and at such other place or places in said city as the mayor and aldermen may by ordinance prescribe. The polls shall be opened at 8 o'clock a. m. and closed at 4 o'clock p. m. solar time at all elections. Elections, how held. SEC. 14. Be it further enacted, That the mayor, in conjunction with the chief of police and the sheriff of Laurens county shall take all necessary measures, steps and precautions to preserve order, to prevent the carrying of deadly weapons and to secure to all electors the right to deposit their ballots at the polls without fear of harm or intimidation. No officer of said city or manager of any election precinet shall threaten or intimidate or persuade any elector at such election. Preservation of order. SEC. 15. Be it further enacted, That after the votes at any election shall have been counted by the managers thereof they shall cause the copies of the tally to be made out and certified by them as true and correct; one of which shall be retained by said managers, and the other turned over to the mayor, who shall declare the result of said election, and shall cause the persons elected to be notified of the same, and shall file with the city clerk the certified copy of the tally-sheets of said election, to be kept on file by said clerk in his office and duly recorded by him on the minutes of the board of aldermen. The person who shall receive the largest number of votes for mayor shall be declared duly elected mayor. The person who shall receive the largest number of votes for alderman from the various wards; and the three persons receiving the largest number of votes for aldermen from the city at large shall be declared duly elected. In case of a tie vote between two persons for the same office, another election shall be called by the mayor and aldermen to be held within thirty days of the election at which said tie occurred. Declaration and certificate of result of election.

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SEC. 16. Be it further enacted, That the persons elected as mayor and aldermen shall attend on the first Wednesday after their election at the city hall for the purpose of qualifying and taking the oath of office. The mayor and every alderman so elected shall take and subscribe before some officer authorized by the laws of Georgia to administer oaths the following oath. I (A. B.) do solemnly swear that I will well and truly perform the duties of mayor (or alderman as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the city of Dublin and the common interest thereof. So help me God. They shall then immediately enter upon the duties of their respective offices. Oath of mayor and aldermen. SEC. 17. Be it further enacted, That in case of a vacancy on the board of aldermen either by death, resignation or failure to qualify, removal from office or removal from the city. The mayor shall order a new election to fill said vacancy; and in case of the death of the mayor, his resignation, removal from office, removal from the city, failure to qualify, the board of aldermen shall order an election to fill said vacancy. In every case 15 days notice shall be given by publication in the gazette in which the legal advertisements of said city are published and said election shall be held within 30 days from the beginning of said vacancy; but no special registration shall be held for said election; but the registration list of the last election shall prevail. Vacancies. SEC. 18. Be it further enacted, That no person shall be eligible to hold the office of mayor unless he be twenty-seven years of age, a qualified elector of the city of Dublin, and shall have resided in the city of Dublin two years immediately

Page 630

preceding his election. No person shall be eligible to the office of alderman unless he shall have attained the age of 21 years, be a qualified elector of the city of Dublin, and shall reside in the city of Dublin one year immediately preceding his election. Aldermen elected to represent the wards shall, at the time of their election, reside in the wards for which they are elected, and shall not remove therefrom during their term of office on pain of forfeiture of their office. Qualifications of mayor and aldermen. SEC. 19. Be it further enacted, That the term of office of the mayor shall be two years, and until his successor is elected and qualified. He shall receive a salary to be fixed by the board of aldermen not to exceed five hundred dollars per annum. He shall be the chief executive officer of the city and shall have general supervision over all its affairs. Shall sign all deeds and contracts except deeds made for property sold at public sale under execution, which shall be signed by the marshal; approve all bills and vouchers for the payment of money, and shall be clothed with veto power as hereinafter set out. It shall be his duty to see that the laws of this State and the ordinances of the city are faithfully executed within the corporate limits of the city. He shall keep the board of aldermen advised from time to time of the general conditions of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare thereof. He may call the board of aldermen together at any time when deemed necessary by him, and shall preside over the same. He shall devote as much time as may be necessary to the business of the city, and shall not be absent from the State for a longer period than 15 days together, nor from the city for more than 20 consecutive days, with leave of the board of aldermen. Mayor, term of office, salary, duties and powers.

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SEC. 20. Be it further enacted, That the four aldermen to be elected on the first Monday in July 1911, and every two years thereafter shall be residents of the ward which they are respectively elected. And the three aldermen to be elected on the first Monday in July 1912, and every two years thereafter, elected from the city at large. Aldermen, terms of office SEC. 21. Be it further enacted, That each of said aldermen shall receive as compensation for his services, out of the treasury of the city a sum not exceeding three dollars for each session of the board of aldermen actually attended by him. That no alderman shall receive more than one hundred dollars per annum in the aggregate, provided, also, that no alderman shall receive more than three dollars for attendance during one week, nor shall any service in one week be estimated for compensation in any other week. Said compensation herein provided for shall be in full for all services rendered the city and shall be fixed by the mayor and board of aldermen. It shall be the duty of the city clerk to keep a faithful record of the attendance of every alderman on the sessions of the board and compensation herein provided for shall be paid only on his certificate of such actual attendance which said certificate shall accompany the treasurer's voucher. Compensation of aldermen. SEC. 22. Be it further enacted, That should the mayor or any member of the board of aldermen be guilty of malpractice in office, or wilful neglect of his office, or abuse of the powers conferred on him, or shall be guilty of any other conduct unbecoming an officer of the city of Dublin, he shall be subject to impeachment by the mayor and board of aldermen, and on conviction shall be removed from office. Impeachment.

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SEC. 23. Be it further enacted, That there shall be a mayor pro tem, who shall be elected from the aldermen, to preside over that body in the absence or disability of the mayor; and who shall be clothed with all the rights, powers and duties of the mayor during the absence or disability of said officer. Before entering on the discharge of his duties as mayor pro tem he shall take the same oath prescribed for the mayor, in addition to the oath taken by him as alderman. Should the mayor and the mayor pro tem both be absent or unable from any cause to attend to the duties of the mayor the board of aldermen shall elect a chairman from their body who shall take the same oath and be clothed with all the powers, rights and duties of mayor and he shall serve during absence or disability of the mayor and the mayor pro tem. Mayor pro tem. SEC. 24. Be it further enacted, That every ordinance and resolution passed by the board of aldermen shall, before the same becomes effective, be approved and signed by the mayor within three days after the passage thereof, unless passed over his veto as hereinafter provided. The mayor shall have the right to veto any action taken by the board of aldermen if he shall not approve the same, and shall return it with his objections thereon to the city clerk within three days after its passage, and the board of aldermen at the next regular meeting thereof at a quorum shall be present; order said objections entered on the minutes and take a vote on said question as to whether said resolution, ordinance or other action shall become adopted over said veto. Should as many as five aldermen vote in the affirmative, said resolution or ordinance shall stand affirmed and become effective without the approval of said mayor; otherwise not. The ayes and nays shall in all cases by entered on the minutes. If said ordinance of resolution shall

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not be returned by the mayor to the board of aldermen within five days after its passage it shall become effective in like manner as if the mayor had signed and approved the same. Veto power of mayor. SEC. 25. Be it further enacted, That the police force of the city shall consist of a chief of police, marshal and such other officers and men as the mayor and aldermen may by ordinance perscribe. Their term of office shall be for two years, but they or any of them may be suspended or discharged by the mayor and aldermen at any time when in their opinion such suspension or discharge becomes necessary for the good of the service or the interests of the city. The compensation of the police force shall be prescribed by ordinance of mayor and aldermen, but no extra pay or allowance, cost or perquisites shall ever be allowed. They shall have power and authority to arrest all persons within said city guilty of or charged with violating any of the penal laws of this State or any of the ordinances of the city of Dublin, and all persons committing or attempting to commit any crime ogainst the laws of this State, or any violation of the ordinances of this city. They shall have power and authority to confine all persons arrested in the city prison or in the common jail of Laurens county, and bring them before its recorder's court for trial or commitment, provided that all persons not intoxicated, desiring to give bail for their appearance before such recorder's court in bailable cases, shall be allowed to do so. The amount of bail may be fixed by the mayor or recorder and in their absence by the chief of police. The police force shall be elected by the mayor and board of aldermen, who shall have power to prescribe all rules and regulations for the general management and discipline of the officers and men. Police force.

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SEC. 26. Be it further enacted, That it shall be the duty of the chief of police, either upon written or verbal notice from the mayor or any member of the board of aldermen to prosecute all offenders against the laws of this State committed within the limits of the city of Dublin. In case any crime is committed in the presence of the chief of police or comes to his knowledge, it shall be his duty to prosecute the same without such notice. Chief of police, prosecuting officer. SEC. 27. Be it further enacted, That the chief of police shall give bond in the sum of $2,500 for the faithful performance of his duties as such. In case of the resignation, death, removal from office or disability from any cause of the chief of police; the mayor and in his absence the mayor pro tem and in his absence the chairman of the board of aldermen shall appoint some person to perform his duties until the next regular meeting of the board of aldermen, the mayor and board of aldermen shall elect a successor for the unexpired term, or until the removal of his disability. Chief of police; bond; vacancy. SEC. 28. Be it further enacted, That the mayor and board of aldermen shall elect a chief of fire department and any other officers and men thereof; and shall have power to suspend or remove any of them whenever they shall deem it necessary or proper for the well being and efficiency of the department. They shall have power to prescribe all rules and regulations for the general management of the officers and men of this department and fix by ordinance the salaries of the same. The chief and members of the fire department shall be elected for two years, but may be removed or suspended as hereinbefore set out. Fire department. SEC. 29. Be it further enacted, That the mayor and board of aldermen are hereby empowered to establish by

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ordinance, at any time they may see proper a board of commissioners for its water and light plant, to be known as the water and light commission. Said board when established shall consist of three members, neither of whom shall be the mayor or any alderman. They shall be elected for two years and until their successors ore elected and qualified. They shall be free holders of the city of Dublin and shall not be eligible to any other municipal affice of said city during the term for which they are elected. All vacancies shall be filled by the mayor and board of aldermen as in the first instance. Said board is hereby vested, when established, with full power and authority to maintain, extend, improve, modify and operate the system of lights and water plant now owned and operated by said city, to establish, equip, maintain, modify and operate a system of sewer and drains in said city; to appoint a superintendent and remove all employees of said light and water system, to purchase, rent and lease real estate and apparatus and machinery and all other things necessary to properly and successfully conduct said light and water system, and hold title to same for the city, to collect, receive and disburse all moneys arising from the sale of bonds for the extension of said plant, all water and light rents and all other revenues derived from said system, to make such bylaws, rules and regulations for their own government and the government of the employees and the management of said light and water and sewer system as they may deem necessary not in conflict with this Act. Said board shall make quarterly reports to the mayor and board of aldermen showing the amount of money received and from what source, and the amount disbursed and to whom and for what purpose, together with vouchers for the same; and shall furnish as nearly as possible an estimate of the amount required for the ensuing year. Said board shall

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elect a clerk and fix his compensation to be approved by the mayor and board of aldermen. The members of said board shall receive for their services such compensation as shall be fixed by two-thirds vote of the mayor and board of aldermen held at the time, which shall not be increased or diminished during the term of office for which said members were elected. That in the event of the death, resignation or removal from the city of any member of said board the mayor and board of aldermen shall at the next regular meeting thereof elect a successor to said member for his unexpired term, so that there shall be at all times three members of said board. Water and light Commission SEC. 30. Be it further enacted, That there shall be a board of health to consist of the mayor, a city physician and three citizens of the city, who shall be appointed by the mayor and confirmed by the board of aldermen and who shall hold office for two years and until their successors are appointed and qualified. The citizens appointed on said board shall hold no other municipal office during their terms of office. The mayors shall be chairman of said board and shall be entitled to vote therein. Said board shall meet once every month or oftener if necessary during the term of their office. Said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases. They shall likewise exercise absolute power over the subject of quarantine, personal or otherwise, penalties for the violation of which shall be fixed by ordinances of the mayor and board of aldermen. Board of health. SEC. 31. Be it further enacted, That said board of health shall have full power and authority to declare by

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resolution what Acts and things shall be deemed nuisances, injurious to health, how and within what time the same shall be abated, and likewise to declare by resolution what may be by said board of health deemed necessary for the preservation of the public health and for the prevention and generation of infectious and contagious diseases. All ordinances of the city of Dublin now in force for the prevention of all things in this Section shall have full force and effect until the same are changed either by amendment or otherwise. The mayor and board of aldermen shall by proper ordinances provide for the punishment of offenders against the regulations of the board of health, and the recorder's court shall have jurisdiction to try and punish all persons charged with and found guilty of any violation of any resolution of said board of health, and the fines arising therefrom shall be paid into the city treasury. Nuisances. SEC. 32. Be it further enacted, That said board of health shall have the supervision of all streets, lanes, alleys, water closets, together with the drainage and sewers of the city. The small-pox hospital shall also be under the sole management of said board of health. They shall also examine all public buildings and institutions within the city and compel such sanitary regulations therein as they may deem necessary and proper. Said board of health shall make a full report of its actings and doings to the mayor and board of aldermen, every quarter, together with such recommendations touching the public welfare as they may see fit and proper, and shall also make such other and further reports from time to time as the mayor and aldermen may require. Three members of said board shall constitute a quorum for the transaction of business, except in times of epidemic, when two members shall have power to Act. The record of the proceedings of this board shall be

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open to public inspection, and shall be carefully filed and kept among the records of the city government. Said board of health shall have power to declare what are infected ports or places on information satisfactory to them, public notice of which shall be sufficient to give legal effect to all their subsequent Acts. They may establish such quarantine regulations, with the approval of the mayor and board of aldermen, as are not in conflict with the Constitution and laws of this State or of the United States. They shall have power and authority to require all physicians, clergymen and magistrates to make a report of all births, marriages and deaths occurring in said city, with which they have professional relations, which reports shall be turned over by said board to the city clerk. That whenever any member of said board shall fail to attend three consecutive meetings of said board without sufficient excuse, the chairman shall report the same to the mayor and aldermen, who shall have authority to declare his place vacant and fill the same as in the first instance. Sanitation. SEC. 33. Be it further enacted, That the mayor and board of aldermen shall, upon the report of the board of health, cause any nuisance likely to endanger the health of the city, or any neighborhood or place, to be abated in a summary manner, and where the nuisance is caused by the act of negligence of any individual, firm or corporation, the expense of such abatement shall be charged against the party causing the same, and payment thereof be enforced by fine or imprisonment or both in the discretion of said mayor and board of aldermen. Abatement of nuisances. SEC. 34. Be it further enacted, That the mayor and board of aldermen shall, on the report of the board of health, cause the owner or owners of lots within the city

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to drain the same or fill the same to the level of the streets or alleys on which said lot or lots front. Also on like report, to cause the owner or owners of cellars holding water, to cause the same to be emptied of the water or filled up if necessary, and whenever the owner or owners of any such lot or lots or cellar or cellars shall refuse, or fail after a reasonable notice to him or to his agent or to the tenant in possession of said premises to comply with all the requirements of said mayor and aldermen for the period of twenty days, it shall be lawful for the mayor and aldermen to cause the same to be done at the owner's expense; and for the amount so expended the clerk of the city shall issue an execution against said owner, to be collected from said property belonging to him; and a sale under said execution by the marshal shall pass title to the property as fully and completely as a sale by the sheriff under judgment and execution, and said owner subject to punishment for maintaining a nuisance. Drainage. SEC. 35. Be it further enacted, That no members of any of the boards herein provided for, shall be interested directly or indirectly in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles paid for out of the public revenues, or for which the city becomes responsible. Graft prohibited. SEC. 36. Be it further enacted, That in addition to the officers already named, there shall be a city treasurer, a city clerk, a city marshal, a city sexton, a city attorney and a city engineer, and such other officers or agents of the city, as the mayor and aldermen may by ordinance prescribe. These officers shall serve for two years and until their successors are elected and qualified, unless sooner removed for cause, to be judged of by the mayor and aldermen

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by a two-thirds vote. They shall be elected by the mayor and aldermen by a majority vote of the whole board. Municipal officers. SEC. 37. Be it further enacted, That it shall be the duty of the treasurer to receive and disburse all money of the city. He shall give bond in the sum of Ten Thousand Dollars, conditioned for the faithful performance of his duties, and shall take an oath in the presence of the mayor and aldermen that he will, to the best of his skill and power, faithfully and efficiently perform the duties of his office without favor or affection to any one. He shall make itemized reports of all receipts and disbursements and submit the same to the mayor and aldermen whenever called upon by them to do so. Treasurer. SEC. 38. Be it further enacted, That the city clerk shall attend all meetings of the mayor and board of aldermen, and of the board of health, and keep the minutes and files of each; attend to the issuance of licenses, sign and issue all executions or other processes for the collection of taxes or money due the city, and perform such other duties as may be required of him by the mayor and aldermen. He shall give bond in the sum of three thousand dollars for the faithful performance of his duties; and shall take the same oath of office prescribed for the city treasurer, in the presence of the mayor and aldermen. Clerk. SEC. 39. Be it further enacted, That it shall be the duty of the city marshal to levy and collect all executions for taxes or other money due the city; to advertise and conduct all sales of property under execution or other process, execute deeds and other conveyances usual in such cases, and perform such other services as the mayor and aldermen shall by ordinance require. He shall give bond

Page 641

in the sum of Two Thousand Dollars for the faithful discharge of his duties, and shall take the same oath of office, in the presence of the mayor and aldermen, as is prescribed for the treasurer; provided, that nothing herein contained shall prevent the mayor and aldermen from consolidating and combining the offices of chief of police and city marshal, and electing the same person to fill both offices. Marshal. SEC. 40. Be it further enacted, That the mayor and aldermen shall have authority by ordinance to prescribe the duties of city attorney, city sexton and city engineer, and all other officers of the city whose duties are not herein prescribed, to fix their salaries and the amount of bond they shall give for the faithful performance of their duties, and prescribe the oath to be taken by them. Attorney, sexton and engineer. SEC. 41. Be it further enacted, That all elections by the mayor and aldermen, and all votes for the confirmation of appointees, shall be in public, and shall be conducted as follows; as soon as the names of candidates or appointees are announced, the clerk shall call the roll, and each member of the body shall as his name is called, vote viva voce. The clerk keeping a correct record of all votes which shall be entered on the minutes. At the conclusion of the call, the presiding officer shall declare the result, a majority of the whole board shall, in all cases, be necessary to elect or confirm, as the case may be. Elections by mayor and aldermen SEC. 42. Be it further enacted, That there shall be a recorder's court established for the city, which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government. Said court shall have power to enforce its judgments by inflicting such penalties as may be provided by the ordinances; punish witness for non-attendance,

Page 642

and also punish any person who shall counsel or advise, aid, encourage or intimidate a witness whose testimony is material or desired before said court, to absent himself or go away or remove beyond the reach of the processes of the court. Said court shall have full jurisdiction throughout the entire county of Laurens and full power and authority for the purpose of compelling the attendance of witnesses before said court, residing anywhere in said county of Laurens. Said court shall be presided over by the recorder, or in his absence or disability or disqualification, by the mayor or mayor pro tem, and said court shall be held every Monday morning and from day to day if the same becomes necessary, or at any other time and as often as may be necessary to try all offenders against the city ordinance. Recorder's court. SEC. 43. Be it further enacted, That the mayor and board of aldermen may elect a city recorder, who shall be at least 25 years of age and who shall have resided for two years next preceding his election in the city of Dublin, and who shall be a qualified voter therein; and before entering upon the duties of his office he shall take an oath before some officers authorized to administer oaths, that he will truly, faithfully and honestly discharge the duties of his office to the best of his skill and ability, without fear, favor, or affection, reward or the hope thereof and do even justice between the city and the accused. This oath shall be entered on the minutes of the mayor and board of aldermen. The recorder may be removed from office by the mayor and board of aldermen after trial and conviction had before the same upon written charges of neglect of duty, malpractice in office or other conduct unbecoming his station. The vote of a majority of said mayor and board of aldermen shall be necessary for such conviction and removal. That said

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recorder when elected shall be clothed with all the rights, powers and privileges of the mayor as to said recorder's court and shall preside over said court. Recorder election of, etc. SEC. 44. Be it further enacted, That the recorder or mayor or mayor pro tem of said city shall have power to impose fines for the violation of any law or ordinance of the city of Dublin to an amount not exceeding two hundred dollars, or to imprison offenders in the city barracks for a period of not more than thirty days or to labor on the public works or streets in the city chain-gang for not more than ninety days. He shall also have the same powers as judges of the superior courts of this State to punish for contempts by a fine not to exceed fifty dollars or imprisonment in the city barracks not to exceed fifteen days. He shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force of said city, and to try and commit the offenders to the jail of Laurens 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. Punitive powers of recorder. SEC. 45. Be it further enacted, That the chief of police or some member of the police force designated by him, shall attend the sessions of said court and act as clerk thereof, in addition to his other duties; who shall sign and issue all processes, summonses, subp[oelig]nas, attachments, and all other processes issuing out of said court, all of which shall bear test in the name of the mayor. The ministerial officers of said court shall be the chief of police and the entire police force of said city, any of whom with the exception of the member designated to act as clerk, may execute and return

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the mandates of said court, and to whom, in the alternative, all mesne and final process shall be directed. The chief of police or some member of the police force designated by him, shall attend all sessions of said court for the purpose of executing the necessary orders thereof and enforcing order therein. Clerk and ministerial officers of recorder's court. SEC. 46. Be it further enacted, That in the absence, sickness or disqualification of the mayor and of the recorder, the mayor pro tem of said city shall be clothed with all the powers of mayor and shall hold the recorder's court. Mayor pro tem. SEC. 47. Be it further enacted, That the mayor and board of aldermen shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court. Business of court. SEC. 48. Be it further enacted, That there shall be no appeal from the judgments or decisions of said recorder's court except by writ of certiorari to the superior court of said county. That whenever any person convicted in said court, or his attorney, shall give notice that he intends to apply for a writ of certiorari it shall be the duty of the mayor or recorder or other officer presiding over said court to suspend said sentence until said certiorari shall have been heard and determined by said superior court, and in case of appeal from the decision of the superior court to the Supreme Court or the Court of Appeals, until there is a final determination of said case, in the said court of last resort. But no person convicted in said mayor's court shall be released from custody until he shall have given a good and sufficient bond and security, to be fixed and approved by the presiding officer of said court for his appearance to

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carry out and perform said sentence in the event the same is affirmed. Certiorari. SEC. 49. Be it further enacted, That the mayor and board of aldermen shall have power to control all markets and marketing within the city limits, to fix the hours of sale therein, to prohibit the sale of marketable commodities elsewhere within the city or at any other times; and to pass all ordinances, rules and regulations necessary and proper to control and regulate the market and marketing in said city. They shall have full power and authority to establish a city market, and to restrict the sale of all articles and commodities usually sold at market, to the market so established, to prescribe rules and regulations for the government of said market, to rent out stalls and collect income therefrom, and take all steps and do everything necessary and proper to carry out the intention of this Act. They shall have power to prescribe penalties for the violation of the rules and regulations concerning markets and marketing; and any person violating the same shall, on trial and conviction thereof before the recorder's court, be punished for the same. Markets. SEC. 50. Be it further enacted, That the mayor and board of aldermen shall have full and complete power and authority over all the streets, lanes, alleys, sidewalks, crossings, parks and public lands of said city. They shall have full and complete power and authority to manage, control, direct, work, grade, drain and pave the same, or cause the same to be done. They shall have full and complete power and authority to remove or cause to be removed any building, stall, booth, tent, steps, gate, fence, post, wire, pole, or other obstruction or nuisance thereon; and if the owner of the same shall fail or refuse to remove the same within such

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reasonable time as may be fixed by said mayor and board of aldermen, after notice thereto served upon such owner, his agent or tenant in charge, then the city authorities may remove the same at said owner's expense, and execution shall issue against said owner for the expenses thereof, and he shall be also subject to punishment for maintaining a nuisance. They shall have full and complete power and authority to regulate, lay out, open, grade, drain and control new streets, lanes, alleys, crossings and sidewalks whenever, in their discretion it may be necessary or proper to do so; and no person or corporation shall at any time hereafter, lay out, open or extend any street, lane, alley, sidewalk, park or square contrary to the original plan of the city, without the consent of three-fourths of the mayor and board of aldermen by vote had at the regular meeting; and any application for this purpose shall be filed with the city clerk with a plot of the same attached and notice thereof given by the public by said applicant, by advertisement for one insertion in the official gazette of said city. In the event said mayor and aldermen shall vote, as aforesaid, to permit the opening or extension applied for, then the owner shall relinquish all rights and title thereto, and the same shall pass to and become vested in the city and all management and control over the same shall pass irrevocably to said city. They shall have full and complete power and authority to condemn property and exercise the right of eminent domain, for the purpose of laying out and opening new streets, lanes, alleys and sidewalks; and for extending, widening, straightening, grading, draining, working or in any manner whatever changing the grade, street lines and sidewalks of the city. And whenever the mayor and board of aldermen shall desire to exercise the power and authority granted in this Section, they may do so whenever the land to be condemned is in the hands of an owner, trustee, executor,

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administrator, guardian, agent or other fiduciary, in the manner provided by Sections 4657 to 4685, inclusive, of Volume 2, of the Code of Georgia of 1895, and Acts amendatory thereof. Control of streets, etc. SEC. 51. Be it further enacted, That the mayor and board of aldermen shall have full and complete power and authority to direct the mode, material, manner and style in which all streets, sidewalks, alleys, lanes, pavements and street crossings shall be constructed. They shall have full and complete power and authority by a majority vote at a regular meeting, to require any street, alley, lane, sidewalk or street crossing to be paved in such manner, with such material and at such time as they may determine by resolution or ordinance. One-third of the expense of paving street shall be borne by the city, and the other two-thirds by the abutting property owners in just proportion to the foot frontage of said property. The entire expense of paving sidewalks, lanes and alleys shall be borne by the abutting property owners in just proportion to the foot frontage of their property thereon. The entire expense of all railroad crossings shall be borne by said railroads. Whenever the mayor and board of aldermen shall determine to pave any street, sidewalk, lane or alley in said city, they shall require the city clerk to notify in writing all persons owning property abutting or fronting thereon of such intention, together with a statement of the amount assessed against said property therefor; and the city shall at once proceed to do said paving or cause it to be done, and when the same is completed, it shall be the duty of said property owners to pay into the treasury of the city, within twenty days after said work is completed, the amount so assessed against their property. And in case any property owner shall fail or refuse to do so, the city clerk is authorized and

Page 648

empowered to issue instanter an execution against said owner and against said property, which shall be a lien on said property superior to all other liens, except liens for taxes, and said execution shall be levied on said property by the chief of police or marshal of the city, and the same advertised and sold at public auction in conformity to the laws of this State governing the sales of property under judgment and execution by sheriffs. Said chief of police or marshal shall make to the purchaser a good and valid deed thereto conveying title as fully and complete as the sheriffs of this State are authorized to do at public sales under judgment and execution. The city of Dublin shall have full right to bid on and purchase said property at said sale if it choose to offer the highest bid therefor, whereupon said deed shall be made to said city, said chief of police or marshal is authorized and empowered to proceed at once to dispossess said owner and put the purchaser at said sale in possession. Street improvements. SEC. 52. Be it further enacted, That the mayor and board of aldermen shall have power and authority to grant encroachments upon the streets, sidewalks, lanes, alleys and lands of the city upon such terms and in such manner as may be prescribed by ordinance; and for a valuable consideration to vest in the purchaser absolute title thereto. This power shall be exercised with caution and due regard shall be had to the rights of the city and to all property owners to be affected thereby. Encroachments on streets, etc. SEC. 53. Be it further enacted, That the mayor and board of aldermen shall have power and authority to license, regulate and control all hotels, public boarding houses, sleeping apartments, restaurants, opera houses, theaters, picture shows, bowling alleys; to license and regulate drays,

Page 649

hacks, wagons, automobiles and other vehicles used for business purposes; to regulate and control all vehicles used for business purposes; to regulate and control all livery and sale stables, garages, places of amusement, telegraph and telephone companies, express and railroad companies, mills, factories and ginneries and all electric, gas, light and water companies doing business in said city. They shall have power to remove any forge or blacksmith shop, stove or stovepipe or any other thing which shall endanger the city by exposure to fire, whenever in their opinion it shall be necessary as a precaution against fire. They shall also have power and authority, upon proof of the existence or maintenance of any bawdy house or house of ill fame within the city, to cause the occupants thereof to be forcibly removed without the city, if they shall refuse to leave after three days notice. Licenses, etc. SEC. 54. Be it further enacted, That the mayor and board of aldermen shall have power and authority to prevent stock from running at large, and to take up and impound any horse, mule, cow, hog, goat, dog, or other domestic animal found at large within the city limits; and to provide by proper ordinance for the redemption or sale of the same; and to enact such laws and ordinances as may be considered necessary to carry out the provisions of this Section. Stock law. SEC. 55. Be it further enacted, That the mayor and board of aldermen shall have complete control of the manufacturing, wholesaling and retailing of all spirituous, malt and intoxicating liquors in said city; provided, the license for retailing spirituous, malt or intoxicating liquors or beer of any kind, shall not be less than ten thousand dollars per annum, and said mayor and board of aldermen may refuse altogether to issue license. Intoxicants.

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SEC. 56. Be it further enacted, That the mayor and board of aldermen are hereby expressly authorized and empowered to pass and enforce any ordinance not in conflict with the Constitution and laws of this State, or of the United States, to prohibit the storage or keeping of wine, beer, near beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes, within the corporate limits of the city of Dublin, and to punish any person or persons for violating the same. Storage of intoxicants. SEC. 57. Be it further enacted, That the mayor upon the complaint, supported by oath or affirmation of any citizen of said city, setting forth in writing that to the best of his knowledge and belief wine, beer, near beer, malt, alcoholic or intoxicating liquors of any kind are stored or kept for the purpose of, or with intent to illegally sell, or otherwise illegally dispose of the same, in a certain described place within the corporate limits of the city, shall thereupon issue a search warrant, directed to the chief of police and policemen of said city, commanding them to enter the suspected place, search for and seize the same if to be found therein. The officer making said seizure shall hold the goods in custody and make return of his actings and doings to the mayor upon said warrant. That the chief of police or any policeman of said city may seize wine, beer, near beer, malt, alcoholic or other intoxicating liquors found by him or them or any of them in any case where said chief of police or policemen would have been authorized to search for the same if armed with a warrant; but he shall then within a reasonable time procure a warrant and make a return as above of his actings and doings. The chief of police or a policeman shall serve a written notice on the person or persons appearing to have said liquors in his custody or control; and if no one appears to be in immediate

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control, or custody of the same, then upon the person who appears to have control of the building or other place where the same are found; to appear and defend against said warrant and accusation, and a hearing shall be had on the same to determine whether the law has been violated by the storing or the keeping of wine, beer, near beer, malt, alcoholic or intoxicating liquors; and if such question be determined affirmatively, the goods seized as aforesaid shall be destroyed by the city authorities after the lapse of thirty days from the date of the judgment on said warrant, unless steps be taken to have said judgment reviewed by the higher courts. The chief of police or other policemen shall also arrest such person appearing to have said liquors in his custody or control, or appearing to have control of the building or place where the same may be found, and bring him or them before the mayor's court to be tried and punished as the ordinances shall direct. Search warrants for intoxicants. SEC. 58. Be it further enacted, That the mayor and board of aldermen shall have power and authority to establish and fix fire limits within said city and from time to time in their discretion to extend and enlarge the same. When said fire limits are so established it shall not be lawful for any one to erect therein any building or structure of any material other than brick, stone or other incombustible material or such other material as shall be authorized by the mayor and board of aldermen; and should any one erect or cause to be erected any building or structure other than as above within said fire limits the mayor and board of aldermen, after giving five days notice, shall cause the same to be removed at the expense of the owner; and such expense shall be collected by execution as in other cases. Fire limits.

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SEC. 59. Be it further enacted, That the mayor and board of aldermen shall have power and authority to levy and collect a tax upon all property real and personal, within the limits of the city, and upon banking, insurance and other capital employed therein. They shall have power and authority to levy and collect a specific tax on factors, bankers, agents or managers of gift enterprises, and upon all persons exercising within the city a 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 power and authority to tax all theatrical performances, circuses, street parades, exhibitions or shows of any kind within the corporate limits of the city. They shall also have power and authority to levy and collect a street tax on every male inhabitant of the city subject to road duty between the ages of 16 and 50 years; provided, said street tax shall not exceed the sum of three dollars per annum for each person; and provided, further, that such person may satisfy the same by working ten days on the streets under the direction of the city authorities; in case of a failure to do said work or pay said street tax the mayor and board of aldermen may enforce the same by fine, execution or compulsory labor on said streets at their direction, Taxation. SEC. 60. Be it further enacted, That the mayor and board of aldermen shall have power and authority to impose and collect a tax upon all dogs within the city in such a manner and mode as they may deem best; provided, that in no case shall the tax or license imposed exceed one dollar per capita per annum on said dogs. Dog tax. SEC. 61. Be it further enacted, That the public schools of the city of Dublin shall be controlled by a board of education to be elected by the mayor and board of aldermen,

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who shall fix the number of said board of education, prescribe their duties and the terms for which they shall hold office, and by resolutions or ordinances provided for the proper management of said schools. That the present board of education shall be continued and hold office under this charter until their terms of office expire and their successors are elected and qualified. The board of education shall have power and authority to require of each pupil desiring to attend the public schools in said city a matriculation fee not exceeding four dollars per annum, said fee to be paid too and disbursed by the treasurer of said board as other public school funds. Board of education. SEC. 62. Be it further enacted, That the mayor and board of aldermen shall not in any one year collect a tax exceeding one-fourth of one per cent. on the taxable property of said city for the support and maintenance of said public schools. SEC. 63. Be it further enacted, That all sales of property under execution in favor of said city of Dublin shall be advertised in the official gazette of said city and such sales shall be made and conducted in the same manner as sheriff's sales under execution in the county of Laurens. Marshal's sales. SEC. 64. Be it further enacted, That the mayor and board of aldermen shall have full power and authority over and absolute control of all pipes, sewers, private drains for filthy waters or other substances or fluids in said city; and full power and authority to prescribe their location and 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 said city. They shall have full power and authority to prescribe

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the kind of water closets and urinals and other receptacles or drains for filthy water or other fluids or substances to be used within the corporate limits of said city. They shall have power and authority to condemn and destroy any water closet, urinal or other receptacle or drain now in use or hereafter to be erected and put in use, which do not conform to and are not of the kind prescribed for use by said mayor and board of aldermen, and which may be detrimental to the public health. They shall also have full power and authority to compel all property owners to connect water closets and urinals or other receptacles or drains aforesaid, on the premises of such property owners with the sanitary sewers of said city, under such rules and regulations as may be prescribed by them; and if such property owner shall fail to connect any water closet, urinal or other receptacle or drain as aforesaid, within the time and in the manner prescribed, which time shall not be less than 30 days, the city authorities may cause such connection to be made and provide all necessary fixtures therefor, and assess the cost of the same against the real estate of the property owner on which the same is done. The city clerk shall issue execution against said property owner and against said real estate so improved, which is hereby declared to be a first lien on said real estate, superior to all other liens except liens for taxes; and the chief of police or marshal shall levy the same on said real estate, and advertise and sell the same in the manner as sheriff's sales under judgment and execution. The city may become the purchaser thereof if it chooses to offer the highest bid therefor at said sale. The officer making said sale is authorized to execute to the purchaser a deed to the property so sold, which shall pass the title thereto as fully and completely as sheriff's deeds under sales made by judgment and execution, and he shall proceed at once to dispossess

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the owner thereof and put the purchaser summarily in possession. The city authorities shall also have the right, power and authority to arrest and prosecute the owner of such property and if on trial before the recorder's court he be found guilty, to punish for maintaining a nuisance. The city authorities or any agent of said city shall have the right, power and authority to enter and go upon or into any private house or other building for the purpose of inspecting said closets, urinals and other drains and pipes, to remove the same whenever condemned, and to insert the connections and fixtures necessary to connect the same with the sanitary sewers of the city, without being deemed a trespasser or becoming responsible in any way to the owner thereof or any tenant in possession of the same. Sanitation. SEC. 65. Be it further enacted, That whenever two thirds of the property owners of real estate on any street shall petition the mayor and board of aldermen to pave said street, said mayor and board of aldermen shall call an election for bonds to raise funds with which to pave the same. Every qualified voter shall have the right to vote at said election and if it result in favor of issuing bonds for said purpose, said street shall be paved under the provisions heretofore set out in this charter. Bonds for street improvements SEC. 66. Be it further enacted, That the value for taxation of all real and personal property in said city subject to taxation shall be determined by three disinterested free holders of said city, to be elected annually by the mayor and board of aldermen, who shall take an oath to assess all property in said city at a fair market value to the best of their skill and knowledge. In case any property holder or tax payer shall be dissatisfied with any assessment so made by said assessors, he may appeal to the mayor and board

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of aldermen, who shall review the same and whose decision thereon shall be final. Said assessors shall be paid out of the city treasury such compensation for their services as may be fixed by the mayor and board of aldermen, the same not to exceed the sum of three dollars per day to each for every day actually engaged in said work. Tax assessors. SEC. 67. Be it further enacted, That the taxes levied annually by the city, including special taxes, street taxes and licenses, shall be due and payable at such time as the mayor and board of aldermen may by ordinance prescribe; and they are hereby authorized and empowered to fix by ordinance the time the same shall become due and payable. Taxes, when due. SEC. 68. Be it further enacted, That the mayor and board of aldermen shall have power and authority to fix by ordinance the salary to be paid the city clerk, physician, treasurer, city attorney and all other officers and employees of said city. They shall have power and authority to appoint from their number such committees for the transaction of business as they may see proper and prescribe the duties of the same. And have generally all power and authority to make and pass such rules, laws, ordinances and resolutions necessary or incident to the good government of said city. Salaries of officers. SEC. 69. Be it further enacted, That said mayor and board of aldermen shall have power and authority to establish, equip and maintain a city chaingang and pass all necessary rules and regulations for the proper management of the same. Chaingang. SEC. 70. Be it further enacted, That the mayor and board of aldermen shall have power and authority to appropriate

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from such fund as they may prefer, at least one thousand dollars per annum for the support of a free public library. Said library shall be managed and controlled by a board of trustees to be selected by said mayor and board of aldermen and to consist of such number as said mayor and board of aldermen shall determine. The members of said board now in office shall serve for the full term for which they were elected. The sum herein provided to be appropriated, together with all other appropriations therefor, shall be turned over to and be disbursed by said board of trustees, who shall render a full and accurate statement to the mayor and board of aldermen by the first day of January of each and every year showing how and for what said funds have been expended. Public library. SEC. 71. Be it further enacted, That said mayor and board of aldermen shall have power and authority to regulate the running of automobiles, bicycles and other high speed vehicles in said city; to prescribe the rate of speed at which the same may be run and the manner in which the same may be run, the qualifications of the drivers thereof, the registration of said machines and all and every other Act and thing necessary or incident to the safety of the same and of the public. Rules for operating motor vehicles. SEC. 72. Be it further enacted, That said mayor and board of aldermen shall have full power and authority to regulate the storing or keeping of gasoline, kerosene and other inflammable or explosive oils and the keeping or storing of gun powder, dynamite, nitro-glycerine and other explosives within the city limits. Explosive and inflammable material. SEC. 73. Be it further enacted, That said mayor and board of aldermen shall have full power and authority to regulate the running of all railroad trains and all street

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cars within the city limits and to prescribe the manner in which the same may be run and the rate of speed of the same. Railroad trains and street cars. SEC. 74. Be it further enacted, That said mayor and board of aldermen shall have power and authority to grant the right to use any street or streets of said city for railroad, street car, telegraph, telephone, gas, water and electric light purposes. In granting any such franchise they shall fully and completely guard and protect every present and future interest of said city and the inhabitants thereof. And no franchise hereunder shall carry with it any right or power except such as are specifically set forth, enumerated and named therein. Franchises. SEC. 75. Be it further enacted, That the mayor and board of aldermen of said city or the water and light commission, whenever such shall be created, shall have the right to make contracts with persons, firms, or corporations residing beyond the city limits to furnish them with light or water, or light and water, whenever the same can be done without interfering with the efficient service of the city light and water plant to the inhabitants of the city. Use of water and light outside city limits. SEC. 76. Be it further enacted, That it is hereby made the duty of the mayor and board of aldermen to employ a competent accountant to examine the books of all officers relative to the affairs of the city, whenever and as often as said mayor and board of aldermen shall consider proper. They shall order at least one examination and report every year, and shall fix the compensation of said accountant for the same. Audit of books. SEC. 77. Be it further enacted, That said mayor and board of aldermen shall have full power and authority to

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issue bonds for the purpose of meeting and maturing outstanding bonds of said city and for any purposes of internal improvements whatever, under the Constitution and laws of Georgia regulating the issuing of municipal bonds. City bonds. SEC. 78. Be it further enacted, That this Act shall not abolish any of the ordinances now of force in said city, except where they may come in conflict with this charter, but shall preserve and continue the same. Existing ordinances. SEC. 79. Be it further enacted, That the Act of the General Assembly approved December 9th, 1893; the Act of the General Assembly approved December 18th, 1901; the Act of the General Assembly approved August 22nd, 1905; the Act of the General Assembly approved August 11th, 1908; and the Act of the General Assembly approved August 14th, 1909; except such part or parts thereof as may be in conflict with this Act, he and they are hereby continued in operation, confirmed and consolidated with and made a part of this Act. Pre-existing laws. SEC. 80. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1910. DURAND, TOWN OF, INCORPORATED. No. 562. An Act to incorporate the town of Durand in the county of Meriwether, State of Georgia, to define its corporate

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limits; to provide a municipal government for said town; to grant certain powers and privileges to said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the inhabitants of the territory hereinafter described be, and they are, hereby incorporated under the name and style of the town of Durand, 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 town of Durand 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 town 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 town of Durand 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 hereditaments, of what kind of nature soever, within the limits of said town, for corporate purposes. Durand, town of, incorporated. Corporate powers. SEC. 2. Be it further enacted, That any ten citizens resident within the prescribed territory of the town of Durand may call an election for mayor and councilmen of said town after giving ten days notice of said call by pasting a copy of the same before the court house at Greenville, Georgia, and at two or more public places within the said prescribed territory, which election shall be held as required

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by law for county officers. Said mayor and councilmen when so elected shall hold until the next regular election, and until their successors are elected and qualified. Election of mayor and councilmen. SEC. 3. Be it further enacted, That the territory included in said town and hereby incorporated, shall be as follows: Land lot number 188, and a portion of the following land lots, to-wit: Commencing at an iron stake in the middle of the Greenville and Chipley public road about one hundred (100) feet west of the northwest corner of land lot number five (5) thence running east along the north line of land lot number five (5) to a point one-half way between the east and west lines of land lot number five (5), thence south parallel with the east and west line of land lot number five (5) and land lot number six (6) to a point on the south line of land lot number six (6) one-half way between east and west line of land lot number six (6), thence west along the south line of land lot number six (6) through land lots numbers one hundred eighty-seven (187) and one hundred eighty-six (186) parallel with the north and south lines of land lots one hundred eighty-seven (187) and one hundred eighty-six (186) to a point one-half way between the east and west lines of land lot number one hundred eighty-six (186) thence north through land lot number one hundred eighty-six (186) and through land lot number one hundred eighty-nine (189) and through land lot number two hundred and twenty (220) parallel with the east and west lines of said lots to a point half way between east and west line of land lot number two hundred and twenty (220) thence east through land lot number two hundred and twenty (220) and two hundred and twenty-one (221) to point of beginning. Said property lying and being in the Third District of Meriwether county. Corporate limits.

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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 contents, and all other matters connected therewith. 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. Mayor and councilmen term of office. SEC. 5. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said town, and shall have resided in said town 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 town, 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 town unless he shall have resided in said town one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said town and entitled to register under the registration laws of force in said

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town, provided in the annual election in 1911 hereunder a residence of six months shall not be required. Qualifications of mayor and councilmen. SEC. 7. Be it further enacted, That on Monday following the second Wednesday in each year the persons elected to the office of mayor and councilmen, or to the office of councilmen, shall appear at the council chamber in said town and take and subscribe before some judicial officer, or the mayor of said town 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 town of Durand, to the best of my skill and ability, and as to me shall seem to the best interest and welfare of said town, withcut fear, favor or affection, so help me God. And they shall forthwith enter upon the discharge of the duties of their office. Oath of mayor and councilmen. SEC. 8. Be it further enacted, That at the first regular meeting of the mayor and council of said town 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 town of Durand; 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 town. Each of such officers shall take such oaths, perform such duties and give such bonds as the mayor and council may by ordinance prescribe; provided, that all of bonds of officers shall be made payable to the town of Durand. 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 town, which when once fixed shall not be

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diminished or increased during the term of office for which determined. All officers of said town shall hold their office at the pleasure of the mayor and council. All expenditures of the mayor and council, and the compensation of the town officers shall be paid out of the town funds by an order drawn by the town clerk and countersigned by the mayor, or in his absence by the mayor pro tem. Municipal 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 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 town 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 town of Durand, 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 town, 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 councilmen ex-officio justices of the peace. SEC. 11. Be it further enacted, That the marshal of said town of Durand shall be empowered to levy all executions issued by authority of said mayor and council, whether

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for ad valorem, business tax, assessment, or any other taxes, or for fines, or any other claims or demands of said town, shall be directed as hereinafter prescribed, and the marshal 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 town shall have the same authority to place purchasers at marshals 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, and shall be admitted in evidence as are sheriff's deeds in this State. The marshal of said town 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 town of Durand. Marshal, powers and duties. SEC. 12. Be it further enacted, That there shall be a mayor's court in said town for the trial of all offenders against the laws and ordinances of said town, to be held by the mayor in the council chamber of said town, 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 or 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 town prison in the town of Durand, or by a fine not exceeding fifty dollars, or in lieu thereof by working on the streets or public works of said town not exceeding thirty days, one or all of said penalties, and said fine may be collected by execution, to be issued by the town clerk against the estate of the offenders, if any estate be found, and if none the offender may be imprisoned

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or worked on the streets or public works as before provided. Said mayor's court of Durand shall have power to impose the following penalties for the violation in any place in said town, 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 in Meriwether county, or town prison of Durand, not exceeding six months, or work on the streets or other public works of said town 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 town, 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 town 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 town 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 town 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 Durand shall have power to organize one or more gangs, and to confine at labor therein persons who have been sentenced by the courts of said town to work upon the streets or other public works of said town, and shall have power to make all rules and regulations that may be

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suitable, usual or necessary for the government, discipline or control of such work gangs and to enforce the same through its proper officers. Work gangs. SEC. 14. Be it further enacted, That it shall be lawful for the marshal or any policeman of said town, lawfully appointed, to arrest without warrant any and all persons, within the incorporate limits of said town, 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 town, 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 town prison or the jail of Meriwether 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. Arrests. SEC. 15. Be it further enacted, That the marshal or any policemen of said town shall release any person arrested within the corporate limits of the town upon said person giving a bond, to be approved by the marshal or the mayor of said town of Durand, conditioned to pay the obligee in said bond an amount fixed by the marshal or mayor of said town, 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 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 by the mayor's court of the said

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town of Durand; 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 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. [Illegible Text] bonds. SEC. 16. Be it further enacted, That any person convicted before the mayor, mayor pro tem, or any member of the town council, sitting as a court for any violation of the laws or ordinances of said town, may enter an appeal from the judgment of said court to the council of said town; provided, the appeal to 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 town on the hearing of an 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 cost 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 town government, the mayor and council of said town shall have full power and authority, and shall provide by ordinance, for the assessment and collection of an ad valorem tax on real and personal property within the corporate limits of said town, 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.

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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 two-thirds of the legal voters of said town, not exceeding one-half of one per cent. on the taxable property of said town, 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 town to be used only for educational purposes, for paving or macadamizing the streets, or for paying the principal and interest on the public debt. Taxation. 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 town, on the first Wednesday in May of 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 town clerk or other officer authorized to receive tax returns for said town. The mayor and council of said town 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 town 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

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and accounts, mortgages, crop-lines, stocks, bonds, and other investments and securities held by each tax payer in said city in his own right or as agent, trustee, gaurdian, 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 town clerk, or other officer authorized by the mayor and council to receive tax returns for said town, 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 town of Durand, including money on hand, notes, accounts, mortgages, stocks, bonds and other investments and securities, so help me, God. And the said oath shall be signed by the person making the tax returns and attested by the officer receiving the said return. Said tax returns shall be by the town clerk or other officer receiving the same, placed before the town 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 it 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

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qualified voters in said town and owners of real estate therein, as town tax assessors, whose term of office shall be one year, since 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 town for the purpose of taxation by said town, and it shall be their duty to examine the tax returns placed before them by the officer receiving 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 town 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 town 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 town 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 and personal, not returned for taxation, and for double taxing defaulters. The town assessors shall take such oaths and receive such compensation

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as the mayor and council may prescribe. Said town 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 be by ordinance prescribed 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. 20. 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 town 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 then 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 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,

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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 town tax assessors. Back taxes. SEC. 21. Be it further enacted, That the mayor and council shall have power and authority to provide by ordinance when the taxes of said town 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 non-payment of taxes when due. Taxes, when payable. SEC. 22. Be it further enacted, That executions for any all taxes or fines, license fees, assessments on forfeitures, or demands due said town, 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 town, signed by him, bear test in the name of the mayor, and be directed to the marshal of said town 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 if the certain property described in

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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 town executions. The sheriffs and constables of this State shall have the same power to levy and collect executions issued by the town of Durand as they have to levy and collect executions for the various courts of this State. Collection of taxes, etc. SEC. 23. 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 a non-resident of said town, 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 town, by themselves, or their agent or agents, to register their names and business, callings, vocation or profession annually, and to require such persons, 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 by 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 the same, to engage in or offer, or attempt to engage in, such or business or profession or occupation before paying such tax or taking out such license, or who fail to comply in full with all requirements of the town council made in reference thereto. Occupation tax. SEC. 24. 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

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into effect; also to classify business and to arrange the various businesses, trades and professions carried on in said town, that may be taxable, into such classes or subjects for taxation as may be just and proper. Classification of business. SEC. 25. Be it further enacted, That said mayor and council shall have authority to regulate the opening and closing of all occupations, business and employment within the said town, so as to provide what hour each shall close and open, for the better preservation of health, peace and good order of the town. Said mayor and council may classify the said businesses, occupations and employments, and make such regulations for each class as they deem best. Regulation of business. SEC. 26. Be it further enacted, That said mayor and council shall have full power and authority to pass such ordinances as they may think proper in regard to granting or not granting license to theatrical companies or performances, or for shows or other exhibitions, and to fix the amount of such license ordinance. Theaters and shows. SEC. 27. Be it further enacted, That said mayor and council shall have full power and authority to license, regulate and control all markets in said town, all opera houses, livery stables, hacks, drays, used for hauling of any kind and other vehicles used for hire, vendue masters, auctioneers, itinerant traders, itinerant lightning rod dealers, immigrant agents, and agents of fire, accident or life insurance companies, doing business in said town; clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling or itinerant traders 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,

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or skating rink. All solicitors or canvassers, selling goods, wares or merchandise by samples at retail or to consumers; and all establishments, callings or vocations, which under the Constitution of this State are subject to license. Subjects to license. SEC. 28. Be it further enacted, That said mayor and council may by ordinances provide for enforcing the foregoing Sections 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 law or without having registered if that be required. Also to provide for 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. Punitive powers of council for violations of ordinances. SEC. 29. Be it further enacted, That said mayor and council shall have full power and authority to pass all bylaws and ordinances respecting public buildings and grounds, work houses, public houses, carriages, wagons, carts, drays, bicycles, pumps, wells, springs, fire engines, care of the poor, supervision of disorderly houses, houses of ill fame, for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquility of any citizen or citizens thereof, and any other bylaw regulation and ordinance that they may deem proper for the security of the peace, health, order and good government of said town. General welfare. SEC. 30. 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 town, and

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shall have full power and authority to open and close the same and to condemn property for the purpose 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 town; and [Illegible Text] said mayor and council shall desire to exercise the power and authority granted in this Section, it may be done, whether 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 power and authority to remove or cause to be removed, any buildings, steps, fences, gates, posts or other obstructions or nuisance in the public places in said town, and to enforce the provisions of this Section by appropriate ordinances. Control of streets, etc. SEC. 31. Be it further enacted, That said mayor and council of said town shall have power to require every male inhabitant in said town, who by laws of this State in subject to be worked on the public roads, to work such length of time on the streets of said town 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 a commutation tax, which said mayor and council shall fix by ordinance, and which tax shall in no event exceed $5.00 a year, said work to be done and said commutation 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 tax.

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SEC. 32. Be it further enacted, 1st, That the mayor and council of said town 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 town. 2nd. In order to carry into effect the authority above, said mayor and council shall have full 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 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, said drains, crossings, or otherwise improving the roadway or street proper, on the real estate abutting on one 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 tracks running through or across the streets of said town shall be required to pave, macadamize or otherwise improve said street 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 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

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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 street or sidewalks, by execution issued by the town clerk against the real estate so assessed, for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be leived by the marshal 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 town marshal shall have authority to eject occupants and to put purchasers in possession; provided the owner of the 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, themselves, or by contract of his or its instance, the object being 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 liens to date from the passage of the ordinance authorizing the execution of the work in each case. 9th. Said mayor

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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 town; to enforce by execution the cost thereof against the adjacent property owner and railroad company and to provide how the agents or owners thereof shall be served with notice or by personal service or by publication. Street improvements. SEC. 33. Be it further enacted, That Sections 34, 35, 36, 37, 38, 39, 40 and 41 of the Act incorporating the city of Manchester, approved August 16, 1909, beginning on page 1093, Georgia Laws 1909, be and the same are hereby made a part of this Act. SEC. 34. Be it further enacted, That said mayor and council may by ordinance declare what shall be nuisances in said town, and provide for the abatement of same. Mayor's court of said town of Durand shall have concurrent and jurisdiction with the mayor and council of said town in respect to the trial and abatement of all nuisances in said town of Durand. Nuisances. SEC. 35. 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; protect places of divine worship in and the premises; to regulate the keeping of gun powder, dynamite and other combustibles; to provide in or near said town places for burial of the dead, and regulate the interment; to provide for the drainage of lots in said town 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 the

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town; to regulate and control public meetings and public speakings in the streets of Durand and to prevent the obstructing of the streets of said town, of the gathering of disorderly crowds in said streets and to enforce the provisions of this Section by appropriate ordinances. Police powers of council. SEC. 36. 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 said town of Durand, to that end may provide ordinances punishing any person or persons keeping in said town spirituous, vinous, malt or intoxicating liquors for illegal sale, or ordinances punishing any person or persons who may purchase in said town any such liquors from any person or persons illegally selling, by himself or his agent, any of such liquors within the corporate limits of Durand. The marshal or any 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 which 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. Said mayor and council, or the mayor of said town, shall have full power and authority to abate as a nuisance any place in said town which said mayor and council, or the said mayor, shall have reason 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 council, or said mayor shall have full power and authority to cause

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the marshal or policeman of said town 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 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. Intoxicants. Approved August 15, 1910. EAST LAKE, TOWN OF, NEW CHARTER. No. 567. An Act to create and establish a new charter for the town of East Lake, DeKalb county, to declare the rights, powers and privileges of said corporation, 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 town of East Lake, in the county of DeKalb, be, and it is, hereby incorporated as a town under the name and style of the town of East Lake, and as such it shall have perpetual existence, shall sue and be sued, plead and be impleaded, have and use a common seal, and do all other acts relating to its corporate capacity. East Lake, town of, new charter. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall embrace:

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All that tract or parcel of land situated, lying and being in land lots 181, 182, 203 and 204 of the 15th district of DeKalb county, Georgia, commencing at the southwest corner of land lot 181, and running thence north along said land lot line to Morgan street; thence east 200 feet to Skiff avenue; thence north along the west side of Skiff avenue to the north side of East Fair street; thence east along the north side of East Fair street to the west side of Hampton street; thence north along the west side of Hampton street 200 feet; thence due west to the east line of land lot 204; thence continuing east through land lot 203 to a point 600 feet cast of the center line, running north and south of said land lot 203; thence due south through said land lot 200 feet to Fair street; thence crossing Fair street and continuing due south through land lot 182 to Morgan street; thence crossing Morgan street to the east side of Ashburton street, and continuing due south along the east line of Ashburton street to the south line of land lot 182; thence west along the south line of land lot 182 to the northeast corner of land lot 172; thence south along the east line of land lot 172 400 feet; thence west 600 feet; thence north 400 feet to the north line of land lot 172; thence west along said north line 300 feet; thence north 200 feet to West Lake Avenue; thence west along the south side of West Lake Avenue to Hampton Avenue; thence south along the west side of Hampton Avenue 200 feet to the south line of land lot 181; thence due west along the south land lot line to the beginning point. Corporate limits. SEC. 3. Be it further enacted, That the government of said town shall consist of a mayor and six councilmen, and that Thomas B. Paine be, and he is, hereby appointed mayor of said town, and that A. W. Sterling, Fulton Colville, Laurance A. Railey, H. Clay Moore, Cook Davis and William J. Tilson are hereby appointed councilmen thereof;

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A. W. Sterling, Laurance A. Railey and Fulton Colville to hold office until the regular September, 1911, election, or until the election and qualification of their successors in office; H. Clay Moore, Cook Davis and William J. Tilson to hold office until the regular September, 1912, election, or until the election and qualification of their successors in office. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That on the second Saturday in September, 1911, and annually thereafter on the same day in the same month, an election shall be held in said town for a mayor and three councilmen, said election to be held under such supervision, rules and regulations as the council may prescribe. Election of mayor and councilmen. SEC. 5. Be it further enacted, That all persons who have been bona fide residents of said town for six months next preceding an election held therein, and who are qualified to vote for members of the General Assembly, and who shall have paid all taxes lawfully imposed, and shall have registered, if required, shall be qualified to vote at any election. Voters. SEC. 6. Be it further enacted, That said mayor and councilmen shall have the power to elect a mayor pro tem., who shall perform all the duties of the mayor when from any cause he cannot be present to perform the duties of his office; also to fill any vacancy that may occur in the office of mayor or councilmen or any subordinate office of said town. Mayor pro tem. SEC. 7. Be it further enacted, That the mayor and council shall have power to elect a town marshal and such other town officers as they may deem necessary for the purpose of carrying into effect the purpose of this Act, and that said town marshal, the mayor or councilmen may arrest,

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without warrant, any person guilty of a violation of the ordinances of said town or reasonably suspected thereof, and bring the offender before the mayor's court for trial. To this end, said town marshal, mayor or councilmen, as the case may be, may summon any of the bystanders as a posse to assist in such arrest. Municipal officers. SEC. 8. Be it further enacted, That said mayor, or mayor pro tem., shall be authorized to try any person charged with a violation of the ordinances of said town, and to punish offenders by a fine not to exceed one hundred dollars or imprisonment not to exceed sixty days, either or both. Mayor's court SEC. 9. Be it further enacted, That said mayor, or mayor pro tem., acting in a judicial capacity, shall have concurrent jurisdiction with justice of the peace in this State in all criminal matters that may originate within the corporate limits of said town, may issue warrants and hold courts of inquiry, and bind over offenders to courts of competent jurisdiction. Mayor, ex-officio justice of the peace. SEC. 10. Be it further enacted, That the mayor and council of said town of East Lake be, and they are, hereby authorized and empowered to purchase, build, contract for, establish and maintain a system of sewerage and drainage and disposal plant for said town of East Lake, within or without the limits of said town, and as in their discretion they may deem best and proper. Drainage and sewerage. SEC. 11. Be it further enacted, That the mayor and common council of said town of East Lake be, and they are, hereby authorized and empowered to purchase, build, contract for, establish and maintain a system of waterworks

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for said town of East Lake, for all purposes usual and incident to waterworks system for municipal corporations, and to furnish water to private parties, and charge and collect for same, and generally to manage and conduct said waterworks system as the mayor and common council of said town may, in their discretion, deem best and proper. Waterworks SEC. 12. Be it further enacted, That the mayor and common council of said town of East Lake be, and they are, hereby authorized, in their discretion, to issue and sell twelve thousand ($12,000.00) dollars of bonds of said town of East Lake, in such denomination as, in their discretion, may seem best, running not longer than thirty (30) years from the date of their issue, and to bear interest at the rate of not exceeding five and one-half (5%) per cent. per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, to be payable semi-annually, the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; provided, that the qualified voters of said town of East Lake shall assent to the issue of said bonds, as provided by law, at an election to be called by the mayor and common council of said town, at such time as, in their discretion, they may deem proper, and in accordance with the general law for such election. In event such bonds are issued, the mayor and common council of the town of East Lake shall provide for the levy and collection of an annual tax during the life of such bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, building, contracting for, establishing

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and maintaining a system of sewerage drainage for said town, as authorized in Section 10 of this Act. Bonds for sewerage. SEC. 13. Be it further enacted, That the mayor and common council of said town of East Lake be, and they are, hereby authorized in their discretion, to issue and sell twenty-five thousand ($25,000.00) dollars of bonds of said town of East Lake, in such denominations as they may deem proper, running for not more than thirty (30) years from the date of their issue, and to bear interest at the rate of not exceeding five and one-half (5%) per cent. per annum. Principal and interest of such bonds shall be payable in gold coin of the United States of the present standard of weight and fineness; the interest to be payable semiannually, the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; provided, that the qualified voters of said town of East Lake assent to the issue of said bonds, as provided by law, at an election to be called by the mayor and common council, at such time as they may deem proper, and in accordance with the general law for such election. In the event said bonds are authorized and issued, the mayor and common council of said town of East Lake shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semiannually during said period, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, building, contracting for, establishing and maintaining a system of waterworks for said town, as authorized in Section 11 of this Act. Bonds for waterworks.

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SEC. 14. Be it further enacted, That said town of East Lake be, and it is, hereby authorized and empowered to purchase, hold, condemn and acquire any and all property, within or without the corporate limits of said town of East Lake, necessary or expedient, in the discretion of the mayor and common council of said town, for the purpose of erecting, acquiring and maintaining a sewerage and drainage system, and also a waterworks system, and also for parks for the use of the public, and for any and all other purposes necessary or expedient for the good of the town, as, in their discretion, the mayor and common council of said town shall deem proper, provided, that in case of condemnation of private property, as authorized hereunder, the course of procedure shall be that authorized under the general law of the State for condemnation of private property. Condemnation for sewers and waterworks. SEC. 15. Be it further enacted, That the mayor and common council of said town of East Lake be, and they are, hereby authorized and empowered to do and perform any and all things necessary and incident to the building and operation of said system of sewers and drains and disposal plant and said system of waterworks; and to do and perform any and all things necessary, usual and incident to the issuing and sale of each and all of the bonds authorized under this Act; and generally to do and perform all things usual, incident and necessary to the Acts and things authorized under this Act, so as to authorize the issuing and sale of each and all of the bonds herein referred to, and the operation of said system of sewers and drains and disposal plant and said system of waterworks, and as is usual, necessary and incident to the operation of such plants by municipal corporations.

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SEC. 16. Be it further enacted, That said town of East Lake 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 said town, with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them, in all particulars, as may seem best for the preservation of the health and comfort of the inhabitants of the town, 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. SEC. 17. The mayor and common council may, by ordinance, require and compel connections to the sanitary sewers in all instances where there is a public sewer within five hundred (500) feet of the building or structure for which such connection is required. And said town is hereby empowered to charge and collect a specified sum for the tapping and use of said public sewers. Sewer connections. SEC. 18. Be it further enacted, That the mayor and common council may prescribe, by ordinance, the methods of abating 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 mayor's or police court, and the execution herein provided for shall issue from said court as other executions thereof. Nuisances. SEC. 19. Be it further enacted, That the said town shall have power and authority 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

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of said town, and to punish for the violation thereof. General welfare. SEC. 20. Be it further enacted, That all ordinances, before they shall pass, shall be read twice, at separate meetings of the board of council, and on separate days; provided, that both readings of an ordinance may be had at the first meeting, regular or special, by unanimous consent, except ordinances or resolutions appropriating money for other than ordinary current expenses, which shall always be read twice, as herein provided, and the rule shall not in such instances be suspended. Ordinances, how passed. SEC. 21. Be it further enacted, That when any ordinance or resolution shall have been passed or adopted by the common council, the clerk shall within five (5) days transmit to the mayor a certified copy of the same. If within seven (7) days thereafter the mayor shall approve such ordinance or resolution, the same shall at once become effective or operative; or if he shall allow more than seven (7) days to elapse without either approving or disapproving such ordinance or resolution, the 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 the same to the next regular meeting of the board of council, with his reasons therefor, and the said board of council shall proceed to vote upon the question whether such ordinance or resolution shall pass notwithstanding the disapproval of the mayor. If two-thirds of the entire board of council (the mayor not voting) shall vote in the affirmative, such ordinance or resolution shall pass and become effective and operative, notwithstanding the disapproval of the mayor; but if the affirmative vote shall be less than two-thirds, same shall be defeated. Any

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member may demand that the roll be called when voting upon such questions, and, in that event, the exact vote shall always appear upon the minutes. Mayor's veto. SEC. 22. Be it further enacted, That three councilmen (including the presiding officer, but not the mayor), shall constitute a quorum of the board of council for the transaction of any business or the passage of any legislation. Quorum of council. SEC. 23. Be it further enacted, That said town of East Lake shall have the right, power and authority to assess, levy and collect a tax upon all property, both real and personal, within the limits of the city, not to exceed one percentum ad valorem. Ad valorem tax. SEC. 24. Be it further enacted, That said town shall provide, by ordinance, for the return of all real estate and personal property for taxation, and may double-tax defaulters. The common council shall prescribe the time and manner of making such returns, and shall have the power and authority to enforce the collection of taxes, both ad valorem and specific, by execution issued by the town clerk, and bearing test in the name of the mayor, which execution shall be issued at the time and in the manner prescribed by ordinance, and the sales under such executions shall be conducted as prescribed by the laws of the State in such cases. The marshal of said town is hereby authorized and empowered to levy and collect any such tax executions, or other executions; or they may be collected by the sheriff of DeKalb county. They shall be directed to such officers in the alternative. Tax returns. SEC. 25. Be it further enacted, That said town is empowered to require each male resident thereof, between the ages of sixteen (16) and fifty (50) years, to work upon the

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streets of said town, as the board of council may direct, for as many as six (6) days in each year, or in lieu of such work, to pay a street or road tax of not more than three ($3.00) 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 pay the tax, as herein provided, in case of violations of other ordinances. Street work or tax. SEC. 26. Be it further enacted, That the board of council shall appoint tax assessors, who shall assess for taxation the value of all property, real or personal, in said town, and said assessors shall have all the powers of a court to compel the attendance of parties and witnesses, and to compel them to answer questions in regard to matters pertaining to the value of property, etc., and to enforce the same by attachments to be returned to the mayor's court, and the offenders, if convicted, to be punished as if in contempt of said court. Tax assessors. SEC. 27. Be it further enacted, That the recitals in any tax deeds made under the authority herein granted shall be prima facie evidence of the facts therein recited. Tax deeds. SEC. 28. Be it further enacted, That in addition to the powers hereinbefore granted, the town of East Lake shall have power: (1) To take up and impound dogs, horses, mules, cattle, hogs or other animals running at large, and to regulate and control the keeping of stock or other animals within the city; to forbid the keeping of hogs within the city, or confine the same to particular localities. Stock law.

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(2) To require the owners of lots to drain the same; to fill up excavations or depressions; to repair or improve sidewalks in front of owners of property, and, upon failure to do so, to proceed as in case of nuisance. Drainage. (3) To construct and extend sewers in any of the streets, alleys or ways of the town, or upon private property after condemning same, and to assess a just and reasonable share of the cost of same upon abutting property owners, and to enforce the payment of assessments herein provided for by executions issued, levied and collected as prescribed in case of tax executions. Sewers. (4) To purchase, hold, receive, enjoy, possess and retain for the use and benefit of said town, in perpetuity, or for any term of years, any real estate, real or personal, lands, tenements, hereditaments of whatever kind or nature, within or without the limits of said town, for corporate purposes. Corporate property. (5) To organize a chain-gang, and to put in compulsory labor thereon all those convicted of violating any of the valid ordinances of said town, or to lease or sell the labor of said convicts to private individuals. Chaingang. (6) To own, use and operate, for municipal purposes and for profit, systems of waterworks, sewers, gas works and telephones; to make rules and regulations regarding the use of the same by the public, and to provide for the punishment of those violating such rules and regulations. Public utilities. SEC. 29. Be it further enacted, That in addition to the powers hereinbefore enumerated, said town of East Lake shall have all additional power and authority usually and

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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 said town of East Lake and the general welfare of its citizens. General powers. SEC. 30. Be it further enacted, That a sinking fund commission of the town of East Lake is hereby created, to be composed of three citizens of said town, who are freeholders, to be chosen by the mayor and council as follows: The mayor and council, as soon as practicable after the passage of this Act, shall select from the citizens of said town three commissioners, one to serve one year, or until his successor is elected and qualified; and one to serve two years, or until his successor is elected and qualified; and one to serve three years, or until his successor is elected and qualified; and the successor of each of those first appointed shall hold office for three years, or until their successors are elected and qualified; and at the expiration of the term for which each commissioner is appointed, his successor shall be elected by the mayor and council. The members of said commission shall in no way be connected with the municipal government of said town. The commissioners shall select from their number a chairman, who shall serve as chairman for one year, or until his successor is elected and qualified. The clerk of said town shall be ex-officio clerk of said board, and shall keep a correct record of all receipts and disbursements of said board of commissioners. Said records and accounts shall be kept in books separate from the other books of the municipality. The said commission shall handle and control such sums as shall from time to time be turned over to it for the purpose of raising a sinking fund for the final redemption of the bonds of said town which now exist, or which may hereafter exist,

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and also to provide for the payment of interest thereon. The treasurer of said town shall, upon his official books, open an account with said commission and pass to their credit all of the money collected by said town to pay the bonded debt of said town and the interest thereon, as soon as such funds are collected, and shall keep said funds so received separate and distinct from the general funds of said town, and shall pay the same or any part thereof upon demand, and as may be required, to said commission upon their warrant, signed by the chairman of said board. The fund for any specific bonded indebtedness shall be kept separate and distinct from all other funds. The commissioners shall keep a record of all their proceedings, and the clerk of said town, who is ex-officio clerk of said commission, shall exhibit said records to the mayor and council whenever called upon by them to do so. It shall be the duty of the common council of said town to cause to be paid over to said sinking fund commission the sinking fund now in hand for outstanding bonds, and also all taxes levied and collected each year for the purpose of providing a sinking fund, or sinking funds, for the payment of all outstanding bonds of said town, and for the purpose of providing funds for the payment of all bonds which may be hereafter issued, and for the payment of interest on all outstanding bonds of said town, and on all bonds which may be hereafter issued by said town, to be held, controlled and disposed of by said sinking fund commission as herein provided. Sinking fund commission. SEC. 31. Be it further enacted, That said town may issue bonds for any lawful purpose whenever the provisions of the Constitution and laws of the State shall have been complied with, and no local Act or amendment to the charter shall be necessary to give the authority to call and order elections for such purpose. But nothing in this Act contained

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shall ever interfere with any local school district now existing or hereafter created by the board of education of DeKalb county, and which may embrace the same territory or parts thereof, nor any local school tax system now existing or hereafter adopted in such district. Municipal bonds. Public school. SEC. 32. 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 16, 1910. EAST POINT, TOWN OF, NEW CHARTER. No. 450. An Act to provide a new charter for the town of East Point, in the county of Fulton, and for other purposes, approved September 8, 1891, and the several Acts amendatory thereto, so as to extend the incorporated limits of said town; to provide for the time and manner of collection of taxes, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to provide a new charter for the town of East Point, in the county of Fulton, and for other purposes, approved September 8, 1891, and the several Acts amendatory thereto, be, and the same are, hereby amended, so as to authorize and provide as follows: East Point, town of re-incorporated. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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aforesaid, That the corporate limits of said town of East Point, in the county of Fulton, State of Georgia, be, and the same are, hereby extended so as to embrace within its corporate limits also the following territory, to-wit: Corporate limits. All that tract or parcel of land situated, lying and being in Fulton county, Georgia, and described as follows: Beginning at a point on the east line of land lot 166 of the 14th district of originally Henry, now Fulton county, Georgia, where said line intersects with the extreme northern point of the present limits of said town of East Point, and running thence northeasterly along a straight line to the southwest corner of the J. J. Knott property in land lot 134 of the 14th district of originally Henry, now Fulton county, Georgia; thence easterly along the south line of the J. J. Knott property to the west side of the right-of-way of the Georgia Railway and Electric Company; thence southerly along the west side of said right of way to the present corporate limits of said town of East Point; and thence along the present corporate limits of said town of East Point to point of beginning. SEC. 2. Be it further enacted by the authority aforesaid, That all rights, powers, privileges, immunities and authorities whatsoever vested in, possessed and enjoyed by said town under its present charter, be and they are hereby extended so as to embrace and cover the territory embraced in the corporate limits of said town as hereby amended. Jurisdiction. SEC. 3. Be it further enacted by the authority aforesaid, That on and after the passage of this Act, all taxes due said town of East Point on all property therein subject to taxation, shall be due and payable semi-annually, the first

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semi-annual installment of fifty per cent. (50%) of such taxes to be due and payable on the first day of June, and the second installment of fifty per cent. of such taxes to be due and payable on the first day of December of each year. Taxes, when payable. Said town of East Point shall have the authority to regulate by ordinance the manner of making the assessments and returns of taxable property in said town, preparatory to such semi-annual collection of taxes, and to provide for the issue and levy of executions and the making of sales of property thereunder for any unpaid semi-annual installment of taxes, in the same manner as now prevails with reference to the annual collection of taxes, except that the date of closing the books of the tax collector is made the first day of June and the first day of December in each year; provided, that the owner of the property sold at such sales shall have the right of redemption, and on the same terms as existing laws; provided, further, that should the second semi-annual payment of taxes be made on or before the first day of June, of the year when due, the mayor and council of said town may allow a two per cent. discount thereon. All taxes shall bear interest at seven per cent. (7%) per annum from date when due. Assessments and returns. SEC. 4. Be it further enacted by the authority aforesaid, That said town of East Point be, and it is hereby authorized and empowered to furnish other municipal corporations, private corporations, individuals and firms with electrical current from its electric light plant for such purposes as the same may be practicable, and to charge and collect for same, and generally to maintain and operate its electric plant as in their discretion the common council of said town may deem best and proper. Electrical current.

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SEC. 5. Be it further enacted by the authority aforesaid, That said town of East Point be, and it is hereby authorized and empowered to furnish other municipal corporations, private corporations and individuals with water from its water plant and system for such purposes as may be desired, and to charge and collect for same, and generally to maintain and operate its water plant and system as in their discretion the common council of said town may deem best and proper. Water. SEC. 6. Be it further enacted by the authority aforesaid, That the common council of the said town of East Point be, and it is, hereby authorized and empowered to make rules not inconsistent with law for the regulation of its waterworks system, and to require the owner of any improved real estate within said town to provide suitable water-closets accommodations upon such improved premises whenever in their judgment such improvements are necessary to preserve the health or to protect the sanitary interests of citizens of any neighborhood of said town; and to prevent the use of water from wells in any and all places in said town for domestic purposes, whenever in their discretion they deem it necessary to preserve the health of the citizens of any neighborhood within said town. Regulations for waterworks. SEC. 7. Be it further enacted by the authority aforesaid, That on and after the first Tuesday in February, A. D. 1911, the term of office of mayor of the town of East Point shall be for two years and until his successor is elected and qualified, and that the term of office of the mayor to be elected for the term beginning the first Tuesday in February, A. D. 1911, shall be for two years, and until his successor is elected and qualified; and that bi-ennial elections

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for mayor shall be held as authorized under the charter of said town of East Point. Mayor's term of office. SEC. 8. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the mayor of said town of East Point shall be paid an annual salary of three hundred dollars ($300.00), and each alderman of said town of East Point shall be paid an annual salary of one hundred dollars ($100.00). The clerk and the treasurer of said town of East Point shall each be paid an annual salary in such sum as may be fixed by the common council of said town, which shall be received by them in compensation for all services required of them by the common council of said town. Salaries. 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 13, 1910. EDISON, CITY OF, CHARTER AMENDED. No. 449. An Act to amend an Act to create and incorporate the city of Edison in lieu of the town of Edison, and for other purposes, so as to fix the amount of tax that may be levied and collected by said city of Edison; to give authority for the investment of certain funds, and to fix the place for holding elections in said city, 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 Section sixteen of said Act be amended by striking therefrom the last two sentences of said Section, and inserting in lieu thereof the following, to-wit: Said city may assess and collect an ad valorem tax, not exceeding the rate of one dollar and fifty cents per hundred dollars, on all property in said city. The taxing power of said city shall be as full and complete as that of the State. The said city shall have the right to invest such money so collected for educational purposes, either in the building and erecting suitable school buildings, or paying of teachers or improving school property, and also in any and all improvements that may be beneficial to the public. So that when said Section 16 is amended it will read as follows: Section 16. The city of Edison shall have the power to tax, license, and regulate hotels, boarding houses, livery stables, means of public transportation, ten-pin alleys, shows and exhibitions, drays, markets and dealers in fish and oysters. They may impose special taxes upon any and 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 and railroad companies, or the agents of any of them, but this enumeration shall not be construed as excluding any other occupation or business from the taxing power of said city. Said city may assess and collect an ad valorem tax, not exceeding the rate of one dollar and fifty cents per hundred dollars, on all property in said city. The taxing power of said city shall be as full and complete as that of the State. The said city shall have the right to invest such money so collected for educational purposes, either in the building and erecting suitable school buildings

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or paying of teachers, or improving school property, and also in any and all improvements that may be beneficial to the public. Taxes. SEC. 2. Be it further enacted, and it is hereby enacted by the authority aforesaid, That Section five of said Act shall be amended by adding to the end of said Section the following words, to-wit: The mayor and council of said city shall have the right to designate any suitable place for holding elections of said city, and such elections as are held under and by the city for the city shall be valid as far as the place of holding same is concerned, provided the said city shall advertise the place so selected for holding elections, at least once in a newspaper in said city, if there be one published there, and if not then by a notice placed in some public place, ten days before any election can be held at any designated place. So that when said Section is amended it shall read as follows: Section 5. All general and special elections shall be held between the hours of nine 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 managers in such city elections. The mayor and council shall have the right to designate any suitable place for holding elections of said city, and such elections as are held under and by the city, for the city, shall be valid as far as the place of holding same are concerned, provided the said city shall advertise the place so selected for holding elections at least once in a newspaper of said city, if there be one published there, and if not then by a notice placed in some public place, ten days before any election can be held at any designated place. Elections, how held.

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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 13, 1910. ELLENTON, TOWN OF, INCORPORATED. No. 447. An Act to incorporate the town of Ellenton, in the county of Colquitt, State of Georgia; to prescribe and define its corporate limits; to provide for the election of a mayor and aldermen of said town; to prescribe their duties, powers, qualifications, and manner of their election; to provide for the government of said town of Ellenton, 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 Ellenton, in the county of Colquitt, State of Georgia, be, and the same is, hereby incorporated under the name and style of the town of Ellenton. Ellenton, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, that the municipal government of the town of Ellenton shall be vested in a mayor and five aldermen, who shall be known as the mayor and aldermen of the town of Ellenton, and by that name and style they shall have perpetual succession; shall have and use a common seal, and under said name and style they shall be capable in law to have, hold and enjoy, both to themselves and their successors

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in office for the use of the town of Ellenton, and for corporate purposes, any and all real or personal property, of every nature, kind, character or description, either within or without the corporate limits of the town of Ellenton; and under said name and style shall be capable of suing and being sued, pleading and being impleaded in any court of law or equity in the State, in the name of the town of Ellenton. Corporate powers. SEC. 3. Be it further enacted, That the corporate limits of the town of Ellenton shall be as follows: The center of said town shall be where Baker street and Central Avenue cross each other in said town, in Colquitt county, State of Georgia, as the central point, and the limits of said town shall extend one-half mile in every direction and embrace all the territory included in the circle having its radius one-half mile in length, and its center at the point where Baker street and Central Avenue cross each other, so that said town will be in a circle in every direction from the center to where said Baker street and Central Avenue cross each other. Corporate limits. SEC. 4. Be it further enacted, That the municipal government of said town shall be vested in a mayor and five aldermen, and such other officers as they may select. J. P. Bobo shall be mayor of said town of Ellenton, and G. I. Folsom, A. C. Corbett, Neal McPhaul, L. S. Slade and M. P. Brogan shall be aldermen of the said town of Ellenton until their successors are chosen and selected as hereinafter provided. On the second Monday in January, 1912, and bi-ennial thereafter, an election shall be held at the council chamber or at some other place in said town of Ellenton, previously selected by the mayor and aldermen, for the purpose of electing a mayor and two aldermen for the term of

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two years, and until their successors are elected and qualified. And on the second Monday in January, 1913, and bi-ennial thereafter, there shall be likewise held an election for three aldermen, who shall likewise hold for the term of two years, and until their successors are elected and qualified. The officers so elected shall at the next regular meeting of the mayor and board of aldermen following said election be sworn in by the mayor, or any other officer duly authorized by law to administer oaths. Said oath shall be taken and subscribed in the books of minutes in which are kept the proceedings of the town council, and said oath shall be as follows, to-wit: I do solemnly swear and affirm that to the best of my ability I will perform all the duties of mayor (or aldermen, as the case may be,) in the town of Ellenton for the term to which I have been elected, so help me God. Immediately on taking and subscribing this oath they shall enter on the discharge of their respective duties, and if for any reason any of said officers are not so sworn in at that time, they may be sworn in at any subsequent time. Mayor and aldermen appointed. Election of successors. SEC. 5. J. B. Bobo and G. I. Folsom and A. C. Corbett, as aldermen, shall hold office until their successors are elected at the election to be held on the second Monday in January, 1912, and the other aldermen, to-wit: Neal McPhaul, L. S. Slade and Mr. M. P. Brogan, shall hold office until their successors are elected at the election to be held on the second Monday in January, 1913, and qualified. Provided, that at any time a vacancy occurs in the office of mayor or aldermen by death, resignation or otherwise, the remaining aldermen and mayor, acting together, may select some qualified citizen of said town to fill such vacancy so occasioned until the next regular election, at which time there shall be elected his successor. Terms of office.

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SEC. 6. Be it further enacted, That the mayor shall preside at all meetings of the council and shall have all the power usually incident to mayors of towns; he shall be an ex-officio justice of the peace, and is hereby empowered to issue criminal warrants, and try offenses for violation of the criminal laws in said town of Ellenton; he shall have no vote on any question arising in the meetings of the council, unless there be a tie between the aldermen. In such case he shall be allowed to vote. The mayor and three aldermen, or four aldermen, shall constitute a quorum for the transaction of business, and a majority of those present shall be necessary to pass any ordinance or resolution. Mayor, powers of. SEC. 7. Be it further enacted, That the mayor and aldermen of said town of Ellenton shall have full authority to elect such marshals, policemen, clerks or other subordinate officers as they may deem expedient, and at such salary as they may deem proper. Said mayor and board of aldermen shall have the right to suspend any subordinate officer for improper conduct or failure to perform the functions of his office in a satisfactory manner. Said mayor and board of aldermen shall have the right to elect a marshal for said town of Ellenton, and provide him with such additional assistance as they may deem proper from time to time, in order to enforce the laws and ordinances of said town. They shall have authority to fill vacancies that may occur in any of the subordinate offices at any time that may be created by them. Municipal officers. SEC. 8. Be it further enacted, That the elections to be held for mayor and aldermen, as provided in this charter, shall be held as ordinary county elections are held, and all persons residing within the incorporate limits of said town who are qualified to vote for representatives in the State

Page 707

Legislature and who have resided in said town for not less than sixty days prior to such elections shall be qualified to vote in such election, provided, they have paid all taxes legally required of them by said town or its authorities. Elections, how held. Voters. SEC. 9. Be it further enacted, That the said mayor and aldermen shall have power to establish such police regulations and rules as they may deem proper and necessary; to pass all laws and ordinances not in conflict with the Constitution and laws of the State of Georgia, which tend to promote the safety, health, good order, morality, peace and general welfare of the inhabitants of said town. Police powers. SEC. 10. Be it further enacted, That at the first meetings of said mayor and aldermen of the town of Ellenton, or if not convenient then, at the next subsequent meeting, there shall be elected a mayor pro tem, who shall preside in the absence of the mayor of said town of Ellenton. That the said mayor or in his absence or disqualification, the mayor pro tem, shall as often as may be necessary hold a police court, known as the mayor's court for the trial of offenders against the laws and ordinances of the town. The mayor's court shall have full power and authority to force the attendance of witnesses, to punish for contempt, and upon conviction, to sentence such offenders to imprisonment for a term not to exceed 50 days, or to labor upon the streets or other public works of said town of Ellenton not to exceed 60 days, or to impose a fine not to exceed $50.00. Either or all of said penalties may be imposed in the discretion of the court. Mayor pro tem. Police court. SEC. 11. Be it further enacted, That said mayor and aldermen shall have power to require each male citizen in said town between the ages of sixteen and fifty years, to

Page 708

labor on the streets of said town (except those who may be exempt by the laws of the State) and to require them when notified to work on streets of said town ten days in each year or to pay in lieu of said labor a commutation tax of not more than five, not less than three dollars per annum, which shall be in lieu of all street work. Street work, of tax. SEC. 12. Be it further enacted, That said mayor and aldermen shall have power and authority to assess, levy and collect an ad valorem tax on all the property that is taxable, both real and personal, within the corporate limits of said town of Ellenton, the said tax not to exceed five mills on the dollar, for current annual expenses; that they shall have power and authority to tax, license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses, livery stables, drays, carts, hacks, earriages, buggies and other vehicles which are run for hire; they shall have power and authority to tax, license, regulate and control auctioneers, vendue masters, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning rod dealers, immigrant agents, clock and stove peddlers and peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant venders of goods, wares, merchandise, liniments or nostrums of any and every manner whatsoever, every kind of billiard, pool or bagatelle table kept for public use. Every keeper of shooting gallery, ten pin alley, or any other stand, table or place for the performance of any game or play, whether played with sticks, balls, rings, or other contrivances. Upon the keeper of flying-horses, bicycles, velocipedes or skating rinks, insurance agents, life and fire insurance companies, express agents, express companies, dealers in futures, loan agents, merchants or agents for any other business or calling whatsoever, keepers of slaughter

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houses, beef markets and green groceries; upon every junk shop, pawn broker, and upon all other establishments, businesses, callings or avocations not heretofore mentioned, and which under the laws of Georgia are subject to a license or tax. Taxation. SEC. 13. Be it further enacted, That said mayor and aldermen shall have full power and authority to elect a board of tax assessors for said town each year, they to receive such compensation as said mayor and aldermen shall in their judgment offer, and those assessors may be members of the board of aldermen or not, as the mayor and aldermen may select, or may deem proper. Tax assessors. SEC. 14. Be it further enacted, That when said mayor or mayor pro tem holds a police court in the town of Ellenton, they shall have power to sit as a justice of the peace, and shall have the right to commit to the jail of Colquitt county, or admit to bail (provided the offense be bailable), for any violations of the State laws, and the jailer of Colquitt county shall be authorized to receive all such persons so committed and delivered to him by said authorities, the same as other prisoners committed to him. Mayor, ex-officio justice of the peace. SEC. 15. Be it further enacted, That said mayor and aldermen shall have power and authority to enforce by execution the collection of any amount due for license fees, taxes, and assessments of any kind; for fines and forfeitures, and for any debt or demand due the town. Such execution to be issued in the name of said town of Ellentown, and against the person, corporation or firm by whom any such debt may be due, and it shall be the duty of the marshal or any policeman to levy all executions in favor of the town, and after advertising for ten days, he shall sell the property

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levied upon at the place of holding the mayor's court of said town; unless the same shall be real estate, in which case the advertisement shall be for four full weeks, and said property shall then be sold by the sheriff of Colquitt county on the first Tuesday of the month in front of the court house door in Moultrie, Georgia. The cost of advertising and selling this property to be first paid, and the taxes due to the town of Ellenton to be then paid, and if anything should remain after said payments then the balance remaining to be turned over to the owner of said property. Collection of taxes, etc. SEC. 16. Be it further enacted, That said mayor and aldermen shall have authority to establish such quarantine regulations as in their judgment may seem proper, and not inconsistent with the laws of this State and of the United States, and they shall have ample power to enforce the same. Quarantine. SEC. 17. Be it further enacted, That the mayor and aldermen shall have full power and authority to require of all parties and witnesses such bonds as may insure their appearance, and to pass all ordinances necessary to carry this ordinance into effect. They shall have the right to forfeit and collect said bonds in the same manner as bonds are now forfeited in the State court except that said forfeiture shall only be served by the marshal or policeman of said town on the defendant, if to be found, and if not to be found, then his security for ten days before judgment shall be finally entered against said defendant and his security for the collection of said bond. Appearance bonds. SEC. 18. Be it further enacted, That the said mayor and aldermen of the town of Ellenton shall have full power and authority to organize a chaingang in said town, in which all offenders who fail to pay their fines shall be required to

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work for such time as in their judgment they may see proper, not in conflict with this charter, and if the said offender sentenced to work in said town in chaingang shall refuse to do so, then the person having charge of said chaingang may, under the direct supervision of the mayor, administer to such convict corporal punishment sufficient to force said convict to work. Chaingang. SEC. 19. Be it further enacted, That the mayor and aldermen shall have the right to revoke at any time any license that may be granted by them under the provisions of this charter for the violation of the laws and regulations granting same, or when it shall to them appear that it is to the best interests of the town to do so. Revocation of license. SEC. 20. Be it further enacted, That the mayor and aldermen of the town of Ellenton shall have the right to elect three citizens, one of whom shall be a physician in the actual practice of medicine and surgery, and each shall be residents of said town of Ellenton, and shall act under the direction and supervision, and in conjunction with said mayor and aldermen of the town of Ellenton, for the preservation of the health and safety of the inhabitants of said town, and said mayor and aldermen shall have the right to carry out the recommendations of said board of health, by proper ordinances, rules and regulations. Board of health. SEC. 21. Be it further enacted, That the mayor and aldermen shall have power and authority to establish a town market in the town of Ellenton, for the sale of, and at which shall be sold all fresh meats, consisting of beef, pork, fish, oysters and all other articles of like character offered for sale by any one in said town: said mayor and aldermen

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shall have the power to prevent the sale of said articles at any other place should they see fit to do so. They shall have the power to enforce this Section by prescribing penalties, provided, that nothing herein contained shall be construed to prevent the sale of such articles by persons elsewhere in said town during such reasonable hours as the mayor and aldermen shall prescribe by ordinance. Markets. SEC. 22. Be it further enacted, That it shall be unlawful for any person to have or keep for sale in the town of Ellenton, any alcoholic, spirituous, malt, or intoxicating liquors, and the mayor and aldermen shall have the authority to pass such ordinances touching said matter as they may deem proper that are not inconsistent with the laws of the State or of the United States. Intoxicants. SEC. 23. Be it further enacted, That said mayor and aldermen shall have power and authority to lay off, vacate, close, open, or alter streets, sidewalks, lanes or alleys; and to cut, open, and keep clean through all lots, all necessary ditches and drains, and to punish for injuries done to same. Control of streets, etc. SEC. 24. Be it further enacted, That it shall be the duty of marshals or policemen of said town of Ellenton to prosecute all offenders against the laws of the State within the limits of said town. It shall also be his duty to arrest or cause to be arrested, all disorderly persons or persons committing or attempting to commit any crime, and to commit them to the guard house or other place of confinement to await trial. It shall be his duty to execute all processes and orders of the mayor and aldermen, and to discharge any other duties imposed upon him by the laws or ordinances, rules and regulations of the town of Ellenton. Arrests.

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SEC. 25. Be it further enacted, That at the first meeting of the mayor and board of aldermen of the town of Ellenton, they shall fix their salaries at such sum as they may deem proper and expedient, which salaries shall neither be increased nor diminished during their term of office, and, thereafter, the retiring mayor and board of aldermen shall fix the salaries of the incoming mayor and board of aldermen, which shall neither be increased nor diminished nor changed by them during their term of office. Salaries. SEC. 26. Be it further enacted, That said town of Ellenton shall have the right to float such bonds as may be necessary; provided, that any issue of bonds shall be in accordance with the laws of the State and the United States. Municipal bonds. SEC. 27. 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, 1910. FAIRBURN, TOWN OF, CHARTER AMENDED. No. 351. An Act to amend the charter of the town of Fairburn, in Campbell county, Georgia, approved December 18, 1897, and all Acts amendatory thereof, so as to enlarge the power of the mayor and aldermen of the town of Fairburn, so that they shall be authorized and empowered to purchase, build, construct, contract for, establish and maintain a system of waterworks and sewerage and drainage, and an electric plant or lighting system; to

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authorize and empower the mayor and aldermen of said town to issue and sell bonds of said town of Fairburn sufficient for said purposes; to provide for an election submitting said bond issue to the voters of said town; 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 town in laying water mains, sewerage, electric wires, 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 aldermen of the town of Fairburn, in the county of Campbell, and State of Georgia, in addition to the power and authority already granted under the present charter of said town, shall have full power and authority to construct, equip and maintain a system of electric lights or lighting plant, a system of waterworks and a system of sewerage for said town, 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. Fairburn, town of, light, water and sewerage. SEC. 2. Be it further enacted by the authority aforesaid, That in the event said town of Fairburn cannot 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 aldermen of said town 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 2, of the Code of 1895, of the State of Georgia, and the amendments thereto. Right of condemnation.

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SEC. 3. Be it further enacted by the authority aforesaid, That the said mayor and aldermen of the town of Fairburn shall have full power and authority to acquire by gift, purchase or condemnation in the manner aforesaid all lands, easements and franchise necessary for water basin and water shed from which the public water supply may be obtained. Water basin and water-shed. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the town of Fairburn shall have the right of laying the necessary mains, pipes, conduits and drains for waterworks and sewer purposes, and the right to erect post, poles and wires for the purpose of conveying electricity and lighting said town. Said rights to apply to the public highways of the county of Campbell, and over and across and under the lands of persons and corporations upon payment of just compensation that may be agreed upon or assessed as provided in said Charter 9, of Volume 2, of Code of 1895, of this State. Rights of way. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town of Fairburn are hereby authorized and empowered to order and have held an election by the qualified voters of said town at such times as said mayor and aldermen may designate, to determine whether or not bonds shall be issued by the said town of Fairburn 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 town of Fairburn. Said 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

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lights. For bonds for waterworks, and Against bonds for waterworks. For bonds for sewerage, and Against bonds for sewerage. Said mayor and aldermen shall have the power and authority to order an election either for lights, waterworks or sewerage bonds, or for either two or all of said purposes. Said mayor and aldermen shall be required to advertise said election in a newspaper published in said town 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. Election for bonds. 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 aldermen of said town of Fairburn shall be and are hereby authorized to issue the amount of bonds, of the town of Fairburn, so voted on, in a sum equal to the amount fixed by the mayor and aldermen 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 town of Fairburn, 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 aldermen of said town, and for a term not to exceed thirty years, the rate of interest on said bonds shall be fixed by the mayor and aldermen in such way as may seem most advantageous for said town after being advertised by law. Bonds, how issued. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town of Fairburn shall be and are hereby authorized and empowered to

Page 717

annually assess, levy and collect a tax on all of the property both real and personal, corporate and franchise in the corporate limits of said town, in such sums as may be right, proper and necessary for the specific purposes 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 town and shall be used solely for the payment of the interest of said bonds as it may accrue and for the creation and accumulation of a sinking fund for the payment of the principal of the same. Tax for payment of 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 aldermen of said town 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. Elections for bonds. SEC. 9. Be it further enacted, That the mayor and aldermen of said town be and they are hereby authorized and empowered to do and to perform all Acts and things necessary and incident to the building and the operating of said electric light system and of said waterworks and sewerage; and to do and to perform any and all Acts and things necessary, usual and incident to the issuing and sale of each and of all the bonds authorized under this Act; and generally to do and to perform all things usual, incident and necessary to the Acts and things authorized under this Act. Light and water. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the town of Fairburn

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shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect said electric lighting system and all its parts, and also to protect said waterworks and sewerage system and all its parts, whether located within or without the corporate limits of said town. It is the purpose and intent of this Act to confer upon said mayor and aldermen the right to exercise the necessary police power and regulations over the water basins and from which the public water supply may be obtained and over the waterworks and sewerage system and over the electric light system, whether the same be situated within or without the corporate limits of said town, and said right is hereby conferred. Control and protection of light, water and sewer systems. 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 5, 1910. FORT GAINES, CITY OF, REGISTRATION OF VOTERS. No. 353. An Act to provide for the registration of the qualified voters of the city of Fort Gaines, Georgia, so as to entitle such voters to vote in all municipal elections held in said city of Fort Gaines; to prescribe the qualifications of such voters, the manner of registering, the manner of purging the registration list, and for other purposes.

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SEC. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby so enacted, That from and after the passage of this Act, it shall be unlawful for any person to vote in any municipal election held in the city of Fort Gaines, except such person shall have first registered with the clerk of the mayor and city council of Fort Gaines in the manner hereinafter provided. Fort Gaines, city of. Registration of voters. SEC. 2. All citizens of the city of Fort Gaines, who have resided within the corporate limits of said city for six months previous to the date of any municipal election held in said city, who shall be qualified to vote for members of the General Assembly of Georgia, and who shall have paid all taxes due the State and county up to and for the year previous to that in which said election is to be held, and who shall have paid all taxes, fines and dues of every nature which may be required of him by the city of Fort Gaines, shall be entitled to vote in any municipal election in said city, provided, he shall first register with the clerk of the mayor and city council of the city of Fort Gaines and subscribe the oath hereinafter prescribed. Qualifications of voters. SEC. 3. Previous to having his name entered on the city registration book each voter shall take and subscribe to the following oath before said clerk. I do solemnly swear that I am twenty-one years of age, that I have resided in the city of Fort Gaines for six months previous to this date (or that I will have so resided before the next municipal election), that I am a citizen of the State of Georgia and do not owe the State of Georgia nor the county of Clay nor the city of Fort Gaines, any taxes which remain due and unpaid, nor am I due the city of Fort Gaines any fines or moneys of any nature whatever. So help me God. Registration oath.

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SEC. 4. It shall be the duty of said clerk to prepare for each year a registration book for the registration of the voters of said city, upon which shall be printed or written the oath above prescribed and the caption now used by the tax collector of Clay county, Georgia, in his registration book, and upon which he shall enter, or cause to be subscribed, the names of all voters in said city who apply to be registered, and duly qualify themselves to be so registered. It shall be the duty of said clerk to keep said book or books open in his office from the first day of January of each year until six months before the general election of said city of Fort Gaines, for the registration of such voters as may apply to be registered, and to keep said book so that the color, occupation and age of each voter shall be known. Registration book. SEC. 5. After the registration books above provided for shall have been closed it shall be the duty of said clerk to make and transmit to the tax collector of Clay county a true and correct copy of the same, which copy the tax collector, together with said clerk shall then compare with the books of the State, and county taxes, and the city tax books; said tax collector shall then erase from said list the names of all persons who shall not have paid to him all taxes due the State and county, and it shall be the duty of the said tax collector to transmit promptly to said clerk the list so purged. For this duty the tax collector shall be paid the sum of two dollars, to be paid out of the treasury of said city of Fort Gaines. After having purged the said list, as above prescribed, the said tax collector and clerk shall each certify the list as correct, so far as their books show. And said clerk shall then keep said voters list in his custody and at any municipal election held in said city, furnish said list to the managers of such elections for their government in conducting said election. Revision of list of registered voters.

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SEC. 6. That it shall be unlawful for the managers of any municipal elections held within said city to allow any person to vote at such elections unless the name of such person appears on the registration list furnished them in accordance with the provision of this Act. Illegal voting. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with any of the provisions of this Act be and are hereby repealed. Approved August 5, 1910. FORT GAINES, CITY OF, SINKING FUND COMMISSION. No. 446. An Act to provide for the creation of a commission for the management of the sinking fund heretofore provided for the payment of the bonded indebtedness of the city of Fort Gaines, Georgia, and to manage the entire bonded indebtedness of said city; to provide for the selection of the members of said commission; define their powers and duties, qualification and terms for which the members thereof shall be elected or appointed; to fix the compensation of said commission, and provide for filling all vacancies that may occur; to provide for the investment of the sinking fund as it may be levied and collected from time to time by the mayor and city council of said city of Fort Gaines, and for other purposes.

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SEC. 1. Be it enacted by the General Assembly of the State of Georgia, That for the purpose of paying the interest and principal of the bonded debt of the city of Fort Gaines, already contracted, or that may hereafter be contracted by the mayor and city council of said city, there is hereby created a board of commissioners, to be known as the commissioners of the bonded debt of the city of Fort Gaines. Said commissioners shall be composed of three citizens, who are freeholders of said city of Fort Gaines and who shall in no wise be eligible to, or hold any office of said city during the term for which said member shall be appointed and qualified. The following named persons shall act as commissioners until their successors are appointed and qualified as hereinafter prescribed: George R. Irwin, W. A. McAllester, J. E. Holmes. Of the three commissioners as herein named the one first mentioned shall serve until the first Tuesday in January, 1911, the next until the first Tuesday in January, 1912, and the last until the first Tuesday in January, 1913. At each regular meeting of the mayor and city council on the first Tuesday in January of 1911, 1912 and 1913, the mayor of said city of Fort Gaines shall appoint a commissioner which appointment shall be confirmed by said city council, to succeed the commissioner whose term of office expires in January, 1911, 1912 and 1913, respectively, and the commissioner so appointed shall hold his office for a term of six (6) years from the date of his appointment and until his successor is so appointed and qualified. When a vacancy shall occur in said commission, or the term of any commissioner shall expire, the mayor and city council as herein prescribed, at their next regular meeting shall appoint a commissioner or commissioners; provided, the appointments to vacancies shall be for the unexpired terms. The mayor and city

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council may, by unanimous consent of all the members of that body, for satisfactory reason being shown or called to their attention declare the office of any commissioner vacant, and the vacancy shall be filled as provided in this Article. Fort Gaines, city of. Board of commissioners of bonded debt. SEC. 2. Each member of said commission shall be sworn to faithfully perform the duties of the position, and the mayor and city council, whenever in their judgment it shall be necessary, shall provide for the compensation of said commissioners. Oath of commissioners. SEC. 3. The commission shall elect from its membership a president, who shall serve for a term of six (6) years, or until his term of office expires and said president shall be allowed one vote on all questions coming before the commissioners for the transaction of business; any two members shall constitute a quorum. The commission shall meet in January and July of each year, and at such times as in the discretion of the president may be necessary or when requested to do so by two of its members. The place where said commission shall sit for the transaction of business shall be the council chamber of said city of Fort Gaines and said meetings shall always be public. President of board. Meetings of board. SEC. 4. The clerk of the city of Fort Gaines or such other officer as said commission may designate, shall be ex-officio clerk of the commission. The commission shall keep a correct record of its proceedings, and abstract description of all bonds or other indebtedness acquired by it, by purchase or otherwise and all other bonds issued by the city and in case of future issues, shall cause each bond to be countersigned by the president, or, in his absence the acting president, before the same are negotiated. Clerk of board records.

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SEC. 5. The treasurer of the city of Fort Gaines shall be ex-officio treasurer of said commission and shall be required to give such bond as said commission shall designate, which bond shall be made payable to the mayor and city council of the city of Fort Gaines. The treasurer shall keep a correct record and account of the receipts and disbursements of the commission, said record and accounts being kept in a book or books separate from the books of the city, and shall at all times be open to examination and inspection by the public. All money standing to the credit of the commission shall be kept separate and distinct from the general or special funds of the city, and in no circumstances shall this money be used for purposes other than set forth in this Act. The treasurer shall have the custody, and he shall be responsible for the safe keeping of all bonds purchased or otherwise acquired by the commission in conformity with this Act. And it shall be the duty of the commission as soon as any bonds are required, to forthwith turn said bonds over to the treasurer and take his receipt therefor, which receipt shall contain an abstract description of said bonds or other obligation. The treasurer, in his monthly and annual reports to the mayor and city council shall render a statement of the account standing in the name of the commission, showing the money passed by him to the credit of the commission together with an abstract description of coupons or bonds or both paid by order of the commission and also an abstract description of all bonds or other obligations in his custody acquired by the commission. Treasurer of board, duties of. SEC. 6. On or before the date fixed for levying the annual taxes by the mayor and city council each year, the commission shall submit to the mayor and city council a schedule setting forth the amount of money which will be

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required to pay the interest and provide a sinking fund for paying the principal of each separate issue of bonds of the city of Fort Gaines, outstanding at the time, and it shall be the duty of the mayor and city council to provide in the annual tax levy for raising the amount stated in said schedule, by naming in the annual tax ordinance the definite part of the ad valorem taxes to be set aside for paying the interest and providing a sinking fund for the payment of the principal of each separate issue of bonds of the city of Fort Gaines, outstanding at the time; and it shall be the duty of the treasurer of the city, as the said ad valorem taxes are paid to him, to place to the credit of the commission, such part in said taxes as was levied by the mayor and city council for the purpose of paying the interest and providing a sinking fund for the payment of the principal of the bonded debt of the city of Fort Gaines. Provided, That so much of the levy of the year 1910, made by the mayor and city council for the paying the interest and providing a sinking fund for the payment of the principal of the bonded debt of the city of Fort Gaines, as shall not have already been used for the purpose specified in the annual tax ordinance of 1910 shall also be placed to the credit of the commission by the treasurer. Money to the credit of the commission shall be deposited by the treasurer in a bank or banks approved by the commission, and all interest accruing from such deposits shall be placed to the credit of the commission. Tax for payment of bonds. SEC. 7. All money or monies in the hands of the treasurer to the credit of the commission as well as all bonds or other obligation held by that officer for the commission, shall constitute a sinking fund for the payment of the interest and principal of the bonded debt of the city of Fort

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Gaines and shall be subject to warrant on the treasurer by the president or acting president of the commission when said warrants are countersigned by one other commissioner; provided, that no warrant shall be honored by the treasurer unless such warrant shall be drawn for the purpose of paying the interest or the principal of a bond or bonds of the city of Fort Gaines or for the purchase of such bonds or other obligations in conformity with the provisions of this Act, as the judgment of the commission may dictate, and the face of such warrants shall contain an abstract description of the bond or bonds or coupons or interest to be paid or when a bond or other obligation are to be purchased the face of the warrant shall contain an abstract description of such bond or bonds. Sinking fund. SEC. 8. Interest on bonds of the city of Fort Gaines, as well as bonds themselves shall be paid by the commission when due and coupons or bonds or both when paid shall be cancelled by the commission and turned over to the treasurer who shall give his receipt for the same, said receipt to contain an abstract of such coupons or bonds or both. The commission shall forthwith notify the mayor and city council in writing that coupons or bonds or both have been placed in the hands of the treasurer and it shall be the duty of the mayor and city council to have the same destroyed without delay after giving the treasurer a receipt for the same, which receipt shall be like the other receipts herein set out. Coupons and bonds, how paid and cancelled. SEC. 9. On the Monday following the regular meeting of the commission and mayor and city council in January and July of each year, or as soon thereafter as practicable and at such other times as the commission may deem advisable the commission after paying such interest charges of

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the city of Fort Gaines as may be due, may invest such money as may stand to its credit by purchasing to the best advantage, any of the following named classes of securities: City of Fort Gaines bonds, bonds of any municipality or county in the State of Georgia, State of Georgia bonds, and such other obligation or securities as said commission together with the mayor and city council shall approve. When the interest on these investments is due, the treasurer, after notifying the commission, shall proceed to collect the same and place it to the credit of the commission. Investments by the board. SEC. 10. The commission is empowered to sell or exchange any securities purchased in conformity with this Act; provided, that the commission shall serve written notice on the treasurer, which notice shall be countersigned by one other commissioner and shall contain an abstract description and all information relative to the sale or exchange. And it shall be the duty of the treasurer to turn over such bond or bonds to the party or parties named in said notice, after receiving therefor the sum of money specified in said notice, or in case of exchange, after receiving the bonds for which the exchange is to be made. Sale and exchange of securities. SEC. 11. Any expenditures made by the commission, other than those authorized in this Act, shall be approved by the mayor and city council before being paid by the treasurer and said expenditure shall be charged by the treasurer as ordinary and current expenses of the city of Fort Gaines. The treasurer and clerk shall meet with the commission at its regular meetings and at such other times as said commission shall meet. Expenditures by the board. SEC. 12. The commission shall render to the mayor and city council at the last meeting of that body in December of each year, a report of its transactions for that year, together

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with a detailed statement of the bonded indebtedness of the city, and such other information as in the judgment of the mayor and city council may be desirable. The mayor and city council shall have authority to require of the commission from time to time, such other information or report as, in their judgment shall be necessary. Reports by the board. 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 13, 1910. FORT VALLEY, CITY OF, SALE OF GRADY INSTITUTE LOT. No. 464. An Act to authorize and empower the Board of School Commissioners of Fort Valley, Georgia, to sell the property, in said city, known as the Grady Institute lot or property; said lot fronting on Miller, College and New Sts.; to authorize said board to sell at public or private sale, either for cash or on time, and in lots or as a whole, to execute titles to the purchasers of said property and to take such other steps as shall be necessary to effect the sale of said property and to invest the proceeds from the sale of said lots in other school buildings and the equipment of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That the Board of School Commissioners of Fort Valley, Georgia, are hereby authorized and empowered to sell the property, in said city of Fort Valley, Georgia, known as the Grady Institute lot or property, said lot fronting on Miller, College and New Streets; to sell said property at public or private sale, either for cash or on time, and in lots or as a whole; to execute titles to said property to the purchasers of the same, and to take such other steps as shall be necessary to effect the sale of said property and to invest the proceeds from said sale in school buildings, and the equipment of the same. Fort Valley, city of. Sale of Grady Institute lot. 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. Approved August 13, 1910. GRANTVILLE, TOWN OF, SCHOOL BONDS. No. 404. An Act to amend 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 the principal and interest of said bonds to provide how and by whom the money realized from the sale of said bonds

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shall be disbursed, and for other purposes, approved August 9th, 1909, so as to increase the amount of bonds authorized to be issued under said Act from $12,000.00 to $25,000.00; to provide for the maturity of said bonds at a date not longer than thirty years from the issuance thereof; to strike from said Act the option therein provided for relative to the retirement of said bonds after ten years from the date of issue; to provide for subsequent elections until the full amount of bonds authorized shall have been issued, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that an act approved August 9th, 1909, entitled, 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, be, and the same is hereby amended by striking from line 7 of Section 1 of said Act, as printed in Acts of 1909, page 923, the words, twelve thousand dollars and inserting in lieu thereof the words twenty-five thousand dollars and by striking from the ninth line of said Section the word twenty and inserting in lieu thereof the word thirty and by striking from said Section the last sentence thereof, to-wit: Said Chairman and council shall have the right, after ten years, to call in and retire said

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bonds, as fast as they deem proper, and such right shall be incorporated in said bonds. Grantville, town of. Bonds for public schools. SEC. 2. Be it further enacted, That Section 5 of said Act be and the same is hereby amended by adding thereto the following words, to-wit: Provided, that if the full amount of bonds authorized under this Act shall not be issued at one time, that the Chairman and council of the said town of Grantville shall have authority to call subsequent elections, at which the question of issuing the remainder of said bonds, or any part thereof, shall be submitted, under the terms and provisions of this Act, when ever they deem it proper to do so. Elections for bonds. SEC. 3. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 10, 1910. GRIFFIN, CITY OF, CHARTER AMENDED. No. 554. An Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the city of Griffin; to amend the charter of said city; to declare the rights and powers of said municipality, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the corporate limits of the city of Griffin shall extend one mile from the court house in

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every direction. The municipal government of said city shall consist of a mayor, and eight aldermen, who are hereby declared a body corporate under the name and style of The City of Griffin. That as a body corporate said city may sue and be sued, and use a common seal, that it may own, purchase, have, hold, receive and enjoy any estate, whether real, personal or of any other kind, located within or without the limits of said city, and may by authority of the mayor and council thereof, sell or dispose of the same for the benefit of said city, as said mayor and council at any regular meeting may adjudge proper and right. That said mayor and council shall be the legislature and governing authority of said city. Griffin, city of, corporate limits and powers. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be as officers of the said city of Griffin (in addition to the said mayor and eight aldermen) the following: A judge of the criminal court of said city, city attorney, commissioners for light, water and sewers, (as provided by the Act of 1903) a board of health, a tax collector who shall be ex-officio sanitary inspector, a chief of police who shall be ex-officio marshal of said city, clerk and treasurer, (said office to be held by one incumbent) city physician, a sexton, engineers of the fire department, eight regular policemen, and a city janitor, and such other officers as from time to time the mayor and council may determine and by ordinance declare to be necessary for the proper administration of the affairs of said city. That the mayor and council or the mayor if the council can not be convened, for the purpose, may, if the emergency requires it employ such additional policemen as may be necessary to preserve order within the city and to enforce the ordinances of said city. Municipal officers.

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SEC. 3. Be it further enacted by the authority aforesaid, That the mayor shall hold his office for two years; the aldermen shall hold their offices for two years; the city attorney and judge of the criminal court shall hold their offices for two years. All other officers shall be elected annually. The aldermen shall be elected not more than two from any one ward in such manner as may be provided by ordinance of the mayor and council. The first election for aldermen under this Act shall be held on the 1st Wednesday in December, 1910, at which there shall be elected four aldermen, one from each ward of said city; the first election for mayor shall be held on the 1st Wednesday in December, 1910, and thereafter in each and every year on the 1st Wednesday in December there shall be elected one alderman from each ward in said city for a term of two years. The four aldermen elected in December, 1909, shall hold their office until the expiration of the term for which they were elected. Terms of officers. Election of mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That any person eligible to vote for member of the General Assembly and for mayor and alderman shall be eligible to hold the office of mayor and alderman; provided, that no person shall be eligible to either of said offices or any other office in said city who is the holder unaccounted for of any public fund under either the Federal, State, county or city government, and that such mayor and alderman shall be freeholders at the time of election to office. Qualifications of voters and officers. SEC. 5. Be it further enacted by the authority aforesaid, That all male citizens who are qualified, registered, and entitled to vote for member of the General Assembly of said county shall be entitled to vote for mayor and alderman of said city, and in all elections held therein, and a

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list of qualified voters furnished by the board of registrars of Spalding county for the last regular or any special or primary election, held in said county shall be prima facie evidence that the person whose name appears thereon is entitled to vote in said city election; provided, said voter shall have resided within the corporate limits of said city continuously for sixty days prior to the election in which he desires to vote, and has paid all taxes, licenses and assessments due by him to the city of Griffin and shall in addition register with the clerk of said city and make oath to these qualifications and his right to so register. And if the name of any person does not appear on said list of qualified voters he may nevertheless have his name entered thereon and vote by appearing in person before the clerk of said city and any two of the county registrars and make satisfactory proof, as hereinafter provided, that any disqualification which may have existed at the time said lists of registered voters were prepared, has been removed by him, and since said lists were prepared and certified he has become a qualified voter under the laws of this State and under this Act. The laws of this State providing for the challenge of voters in elections for members of the Legislature shall apply to elections held under this Act. A justice of the peace, or ex-officio justice of the peace, and two male resident freeholders of said city, or three resident freeholders of said city, shall preside and Act as managers of elections in said city, who shall before opening the polls, take an oath before each other, or any officer authorized to administer oaths to impartially manage the election to be held in accordance with the law and the ordinances of said city. Said managers shall keep at least two lists of voters, number each name on said list and ballot the same, and shall keep at least two tally sheets. They shall hear all challenges to the right of any person to vote, but if the

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name of such persons appears upon the list of voters furnished by the clerk of said city, shall not throw out said ballot, but shall note on the list of voters the grounds of challenge, the name of the voter challenged, and shall also keep a separate list of such challenged voters. When the polls are closed and the votes are counted, said managers shall give a certificate of election to the person or persons receiving the highest number of votes cast, which certificate shall be prima facie evidence of such persons election, and the mayor and council shall install such persons into the office to which he has been elected. Any contest of election shall be instituted before and be heard and determined by the Ordinary of said county, who shall assess the cost of such hearing against the unsuccessful party to the same, but such contest shall not be heard or determined until the party or parties who receives a certificate of election as above provided, has been installed into the office to which he was elected. In case any person applying to have his name entered on the list of registered voters by the clerk and treasurer and the county registrars, is denied the right to have his name so entered, he may appeal to the mayor and council, and the mayor is authorized to immediately convene the council in special session to determine the appeal. The action of the mayor and council shall be final and conclusive of the question. Municipal electors. Elections, how held. Contested elections SEC. 6. Be it further enacted by the authority aforesaid, That the mayor and council shall prescribe the time for opening and closing the polls; the managers after declaring the result as above provided, shall seal up and deposit with the clerk and treasurer the list of voters, tally sheets, ballots and all challenges made so that the same may be used in evidence in any contest or used in evidence

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for any other purpose. The cost of holding elections shall be paid by the city. List of voters, etc. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and each alderman elect, before entering upon the duties of their respective offices shall take and subscribe before the mayor or some officer authorized to administer oaths, the following oath: I, A. B., do solemnly swear that I will discharge the duties of the office of mayor, (or alderman, as the case may be) impartially and to the best of my ability; that I am not the holder, unaccounted for, of any public funds of either the city, county, State, or Federal Government, so help me God. Oath of mayor and aldermen. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and council shall annually elect a mayor pro tem, who, when the mayor is absent from the city, is sick, or for any reason, legally disqualified from presiding or acting shall preside or act as mayor, and while so presiding or acting shall be clothed with all the powers conferred upon the mayor by this Act or that may be conferred upon the mayor by the ordinances of said city. The mayor and council, in case of vacancy in either the office of mayor or aldermen, by death, resignation or expulsion from office, or removal from city, shall have power to order an election to fill the same; provided as much as six months of the term of office has not expired, unless the number of aldermen is reduced below six, in which event the vacancy shall be filled by an election. Mayor pro tem. Vacancies. SEC. 9. Be it further enacted by the authority aforesaid, That to constitute a quorum of the mayor and council at any meeting of the same, there must be present the mayor and a majority of the board of aldermen in office, or

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the mayor pro tem, and a majority of the board in office, not counting the mayor pro tem. Quorum of council. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to punish either by fine, censure or imprisonment not exceeding five days, or expulsion from office, the mayor or any member of the council, for neglect of duty, absence without satisfactory excuse from two or more successive meetings of the council, for disorderly behavior or misconduct; but a vote of two-thirds of the entire board of aldermen in office shall be necessary to expel either the mayor or any alderman from office. And at regular meetings of the council the mayor, mayor pro tem if presiding, or a minority of council, shall have authority to summon and require the attendance of all aldermen, who are not providentially detained from such meetings, or who have not previously been excused from attendance, and to this end may issue warrants of arrest and cause any policemen of said city to execute the same, and may adjourn said meeting from time to time until a quorum can be obtained. Malfeasance or neglect of mayor or alderman. SEC. 11. Be it further enacted by the authority aforesaid, That the clerk and treasurer shall be elected at the same time and in the same manner as the mayor is elected, and shall hold his office for two years. No person shall be eligible to this office who is not eligible to the office of mayor except said clerk and treasurer need not be a freeholder. And if the person receiving the highest number of votes in an election, is for any reason ineligible the mayor and council shall order a new election at such time and on such notice as the mayor and council may determine. This officer shall give bond in such sum, and with such security, and take oath before entering upon the discharge of his

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duty as the mayor and council may prescribe. The mayor and council shall have the power to punish such officer for failure to discharge any duty required of him, for disorderly behavior or misconduct by fine, imprisonment not exceeding 20 days or both, or expulsion from office. In case of vacancy in this office by death, resignation, or expulsion from office, or removal from the city, the mayor and council may elect some eligible person for the unexpired term. The mayor and council shall have the power to declare by ordinance what duties are to be performed by him, to prescribe penalties for failure to perform duties required, and to determine how this officer shall be tried therefor. Said clerk and treasurer shall receive a salary for services rendered as such, of not more than $1,500.00 per annum payable monthly out of the city treasury which shall be in full compensation for his services, and all fees charged or collected by said clerk shall be paid into the treasury. Said clerk may receive additional compensation as commissioner of registration, when allowed by the mayor and council, Clerk and treasurer. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council shall annually elect, in addition to eight regular policemen, a chief of police who shall be ex-officio marshal of said city, and who shall have all authority and power of a marshal; that said chief of police shall be required to give bond in such sum and take such oath as may be prescribed by ordinance, and said chief of police shall receive a salary of not more than $1,000.00 per annum, payable monthly. He may, when required so to do, levy or collect any and all fi. fas. issued by the clerk and treasurer and advertise the property upon which the same is levied for sale, in the official organ of said city, and make a deed to the same, in case said fi. fas. are not paid, and perform such other duties as may be required

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of him. Said chief of police shall be subject to the authority of the mayor and council, and shall be punished for a failure to do his duty, and for disorderly behavior and misconduct in the same manner as provided for punishment of the clerk and treasurer. In case of vacancy for any cause in said office, the mayor may deputize any regular policeman of said city to discharge the duties of said office, until the vacancy is filled. The acting chief of police shall receive the same salary as the chief of police. Said chief of police shall be elected at the same time and in the same manner as the regular police are elected, and receive no perquisites of his office. Police force. SEC. 13. Be it further enacted by the authority aforesaid, That there shall be elected annually by the mayor and council a tax collector of said city; that said tax collector shall perform all such duties with reference to the collection of taxes as may be imposed upon him by the ordinances of said city; that he shall have all the powers and authority of a marshal in and for said city; that he shall collect or levy all such fi. fas. for taxes, licenses, or assessments due to the city as may be turned over to him; that he shall collect moneys from tax payers or parties or property subject to tax, or assessments, or payable to said city and issue a receipt therefor in the name of said city. That he shall conduct sales and make titles to property sold in the same manner and under the same rules and regulations as are now prescribed by law for tax collectors of counties except that he shall advertise property for sale in the official organ of the city; that he shall perform such other duties in reference to the collecting and settling of taxes, licenses, and assessments, and levying all executions and fi. fas. and conducting sales of property as may be conferred upon him by the ordinances of said city. The duties

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above prescribed may be performed by either the tax collector of said city or the chief of police of said city. Said tax collector shall be ex-officio sanitary inspector of said city and as such shall be clothed with all the power and authority of a policeman and shall perform such duties and enjoy such authority as may be conferred upon him by the rules and regulations of the board of health of the city of Griffin or by ordinance of the mayor and council. He shall receive a salary of not more than sixty dollars per month. Tax collector. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and council of said city are authorized to create a board of health, in and for said city, and to clothe said board of health with full power and authority in and about all matters of health and sanitation, and vital statistics and power to regulate and control the same. Said board of health shall consist of the mayor, the city physician, two regular practising physicians of said city, and one citizen. Board of health. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor shall receive a salary of not more than $400.00 per annum, payable monthly. He shall preside at all meetings of the council which he attends, unless he vacates the chair and calls on mayor pro tem, or if he be absent or disqualified to preside, some alderman. The mayor shall be entitled to a vote on all questions, motions or matters brought before the council for action. Aldermen shall receive each a salary of not more than $150.00 per annum, payable annually. The salary of mayor and aldermen shall not be increased or diminished during the term of office for which they are elected. Salaries of mayor and aldermen. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and council shall elect in addition to

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the regular policemen one janitor. That policemen shall be paid each a salary not to exceed $65.00 per month, and the janitor shall be paid a salary not to exceed $30.00 per month. That extra policemen shall receive the same salary as regular policemen. That regular policemen, extra policemen, and the janitor may be discontinued or discharged from office by the mayor and council at any time, either for or without cause. The mayor and council shall have the power to prescribe duties to be performed by these officers, fix salaries to be paid them, and prescribe penalties for failure or refusal to perform the duties required of them. Salaries of policemen and janitor. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to levy and collect annually a tax of not exceeding one and one-half percentum upon all and every species of property, real or personal, or of any kind within the limits of said city including bonds, notes, debts, choses in action, money employed in banking or otherwise; but no tax shall be levied or collected except to pay existing debts of the city and interest that has, or may, accrue on the same, and such debts as may hereafter be created in conformity with the laws of said State, and the current expenses of the city government, and such other expenses of the city government as are herein referred to and allowed; provided, the incurring of bonded debts shall be authorized by a vote of two-thirds of the qualified voters of the said city, and that the money arising from licenses, street tax, fines, forfeitures and costs in the criminal court, shall be first applied to the payment of the current expenses of the city, and if there should be a deficiency remaining such deficiency shall be supplied by taxes raised as herein provided, but in no event to exceed thirty

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five one hundredths of one per cent. on the value of property assessed and returned for tax. The tax levied and collected shall be applied as follows or such proportion thereof as is necessary; for current expenses thirty-five one hundredths of one per cent. on the value of the property assessed and returned for tax; for public schools thirty-five one hundredths of one per cent. on the value of the property assessed and returned for tax; for gas, water, electric lights and sewerage fifteen one hundredths of one per cent. on the value of property assessed and returned for tax; for bonded debts and interest fifty-one hundredths of one per cent. on the value of property assessed and returned for tax; for street improvement ten one hundredths of one per cent. on the value of property assessed and returned for tax; for aid to poor, maintenance of hospitals and for the health department of said city five one hundredths of one per cent. on the value of property assessed and returned for tax. The collection of taxes may be enforced by the issue of executions, levy on property, and sale thereof, in such manner as the mayor and council may prescribe. All funds collected shall be kept separate and be used only for the purpose for which they were levied and collected. Taxation. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State to protect and advance the morals of said city; to secure peace, good order and quiet in said city; to protect the health of said city; to prevent the spread of and to suppress infectious, contagious or dangerous diseases in said city, and to establish and maintain a hospital for the quarantine in and treatment

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of such diseases, either in or outside of said city; to co-operate in the management and control of a public hospital for treatment generally of diseases and accidents, and contribute money to the same; to own and to regulate cemeteries; to prescribe fire limits and character of buildings to be erected therein, and for repair or improvement of buildings therein already erected; to regulate the character of buildings to be erected in said city and to adopt and enforce building regulations; to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same; to prevent or condemn encroachments or obstructions in, upon, or over, any sidewalk, street or alley, and require the removal of any such; to improve and use Camp Northern ceded to said city by the State and to expend such money thereon as may be necessary and available; to require the grading and paving of any sidewalk in said city, prescribe the character of material to be used, require payment for such grading and paving by the owner of the property abutting on such sidewalks, and in the event of failure or refusal, within such time as may be prescribed by ordinance, on the part of the owner of such property to so grade and pave the same, assess the cost thereof against the property of such abutting property holder and enforce the collection of any assessment made to cover the cost thereof by the issue and levy of execution and the sale of said property to satisfy such execution in the same manner as provided for the enforcement of taxes; to provide by ordinance and require the paving of any street, lane or alley of said city and prescribe the material to be used for that purpose, and for the grading of such street, lane or alley, and the manner in which the paving shall be laid and to provide for the payment therefor, and to this end said municipality shall apportion

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the cost of such paving and grading in such manner and amount as may seem equable and just to the mayor and council between said city and the abutting property owners on each side of such street, lane or alley, and the proportion or amount of the cost for the paving and grading herein provided for, as may be assessed against the abutting property, may be collected by the issuance and levy of fi. fas. and the sale of property in the same manner as taxes are collected; to provide by ordinance for establishing the grade of the intersections of streets and alleys in said city as they now exist, or may be hereafter established, and to construct such intersection in accordance with such grade and to provide for the paving of all intersections of streets and alleys, to prescribe the character of material to be used for such paving, 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 between the city and the property owners in the several blocks adjacent to the intersection of such streets and alleys as are so graded and paved, and to collect the proportion or amount of the cost of so grading and paving the same, as may be assessed against said property owners and their said property, by the issuance and levy of fi. fas. and the sale of property in the same manner as provided for the collection of taxes; to lay out and open new streets and alleys in said city; for the control and government of the market in said city; for the control and regulation of any and all character of business, callings or professions in said city; a license for each subdivision thereof and enforce the collection of the same; to establish, equip and maintain a fire department; to have and exercise the power of eminent domain so as to condemn and acquire private property whether located in or out of said city for public uses

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and purposes or for the use and benefit of said city, or the light, water or sewerage department, or any other department of said city; to prescribe and regulate the fees and charges of hack lines, dray lines, taxicab lines, parcel delivery and transfer companies and all other similar transfer companies, and enterprises, operating within said city, and regulate the operation of the same; to prescribe a license for and regulate shows, lectures or public entertainments of any kind; to define and prohibit nuisances and to prescribe the mode of trying all charges of nuisances, and to abate the same; to regulate or to prohibit butcher pens, slaughter houses, pig pens, and the like; to prohibit and suppress houses where illegal or immoral or disorderly practices are had; to define and punish idling and loitering on the streets or elsewhere in the city; to prohibit blind-tigers in said city, or the having in said city, or the keeping therein for unlawful sale, any spirituous, malt, [Illegible Text] or intoxicating liquors or beverages; to provide and enforce regulations respecting plumbers, plumbing, drainage, sewerage or any matter of sanitation; to require connection with sewerage by property owners whose property abuts on streets having sewer mains therein and to adopt and enforce any ordinance deemed necessary by the mayor and council to the good order, good government, health, peace, decency, police or morality of said city. The assessments above provided to be made for grading and paving sidewalks, streets, alleys and street intersections shall be made against all property abutting thereon whether owned by individuals, corporations, churches or the county of Spalding; provided, however, that the enforcement of collection of the cost chargeable against Spalding county shall not be made by levy and sale of any property but may be recovered by a suit at law against said county. Said city may provide by ordinance for the payment of these assessments

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in installments and on such terms as may be prescribed. When payments are allowed in installments a lien shall arise and exist in favor of the city against the property of the persons, firms or corporations owing the same from the date of the completion of work until such installments are paid, and said debt and lien shall be evidenced by a statement thereof in writing entered of record in the city clerk's office. Said debts and liens may be transferred by the city, and when transferred the holders thereof shall be subrogated to and enjoy all the rights of said city including the right to foreclose and enforce such liens. Powers of mayor and council. SEC. 19. Be it further enacted by the authority aforesaid, That said city shall have power and authority under such rules and regulations as it may adopt, and in conformity with the Act of the General Assembly of Georgia approved July 23, 1903 to own, manage, maintain, operate, improve and extend a system for sewerage in said city, and a system of electric and gas lights and waterworks in said city. Water, lights and sewerage. SEC. 20. Be it further enacted by the authority aforesaid, That the title to school property is hereby confirmed in the board of trustees who are authorized to hold and use the same for the benefit of the school system, insure, improve, encumber or sell the same and make title thereto. That the Acts of the General Assembly of Georgia, approved August 8th, 1881, and December 24th, 1884, relating to public schools in said city, be and remain of full force and effect, except as amended by this Act. Title to school property. SEC. 21. Be it further enacted by the authority aforesaid, That the Acts of the General Assembly of Georgia relating to the establishment of and the procedure in the

Page 747

criminal court of Griffin, approved December 3rd, 1880, as amended by the Acts approved September 13th, 1883, December 15th, 1892, and December 16th, 1897, be and remain of full force and effect except as amended by this Act. Criminal court. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to prescribe punishments for violations of any ordinance of said city, which may be by fine, imprisonment or to work in the city chaingang, on the streets of said city, or elsewhere therein as prescribed by the mayor and council, and any one or more of these punishments may be ordered by the criminal court of Griffin, but in no case shall the fine be more than $200.00, imprisonment more than ninety days or to work in the chaingang for more than ninety days. And in all trials for the violation of any ordinance of said city, the criminal court of Griffin may compel the attendance of witnesses from any part of the State, and to this end have subp[oelig]naes issued for witnesses and may punish witnesses failing and refusing to obey such subpoena as for contempt by imprisonment or work in the chaingang not exceeding thirty days or fine not exceeding fifty dollars. And said court may also punish any other contempt committed against it, or its processes, by a like sentence. Punitive powers of council. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to prescribe the mode of taking bond, and the mode of forfeiting such bonds, of persons charged with the violation of the ordinances of said city, and when the bond is forfeited the clerk and treasurer of said city, who shall be ex-officio clerk of said court, shall have the authority, and it shall be his duty, to issue an execution instanter against the principal and security on such bond and deliver the same to the chief

Page 748

of police who shall proceed to execute the same in the same manner as executions against tax defaulters, and the principal in such bond shall be immediately re-arrested and brought before the court for trial. Trials in the criminal court of Griffin for violation of any municipal ordinance may be had upon summons issued in the name of the judge of said court and a copy thereof delivered to the accused, or upon written information, or upon accusation, by the police or any citizen, and the chief of police or any policeman is hereby authorized and empowered to follow such accused person into any city or county of this State, and arrest them. When a copy of such summons or information is delivered to such person he or she shall give bond in each case not to exceed five hundred dollars or deposit collaterals or money not to exceed two hundred dollars, to secure his or her attendance at the trial, and when such bond is given or collaterals or money deposited, such persons shall be discharged from custody. A failure without satisfactory excuse, or a refusal, to obey the summons or information so served, or to appear and stand trial, shall be deemed and held to be a contempt of court. The terms of the criminal court of Griffin shall be held regularly on each Monday but said court may convene at any time for the purpose of trying persons charged with the violation of any municipal ordinance, or as a commitment court for the purpose of binding over to the Superior Court of Spalding county, or city court of Griffin, persons charged with the violation of any penal law of this State, and said court is hereby empowered to bind over to said courts any persons charged with the violation of the laws of this State, or any persons whom the evidence disclosed as guilty of a violation of said law. If any person is arrested without such summons, information, or accusation, as above provided, being first filed the officer making the arrest shall immediately cause summons

Page 749

or information or accusation to be issued for the person so arrested and file and serve the same as required by this Act. Appearance bonds. Procedure in criminal court. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to cause to be issued executions or fi. fas. against all persons, firms or corporations failing to pay any tax or assessments required of them which may be enforced by a levy on and sale of such persons property, and a lien in favor of said city on all the property both real and personal of such persons, firms or corporation is hereby declared and established. Said mayor and council shall also have authority to require the chief of police, or tax collector, to make deeds to all real estate sold by either of them and to put purchasers at such sale in possession of the property so sold in such manner and within such time as may be provided by ordinance. Collection of taxes, etc. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to require each and every male inhabitant in the city between the ages of 18 and 50 to work the streets at such time and for such time and for such length of time as may be prescribed by ordinance; provided, that any person liable to so work the streets may be exempt therefrom upon the payment of such sum of money, not exceeding five dollars per annum as the mayor and council may prescribe, or may be exempt therefrom by proof that he is an active member of any volunteer fire department permitted in said city and recognized by the mayor and council and paying dues to said company, or that he is a member of the National Guard of Georgia located in said city; provided, that no persons shall be exempt unless his name appears upon

Page 750

a list of members of such fire or military company filed by the 1st day of March of each year, and sworn to by the secretary of such company, and certifying that they are active members and have paid all dues. Street work or tax. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council, except as herein otherwise provided, shall have authority to prescribe the manner of trying offenders against the ordinances of said city and the manner of such trials. Practice in criminal court. SEC. 27. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk and treasurer of said city to procure and keep of file in his office a complete list of the registered and qualified voters in said city, as prepared by the registrars of Spalding county, and such persons whose names apear thereon shall be required to appear before the clerk and treasurer of said city annually, as may be prescribed by ordinance, and make oath (in addition to the oath taken before the county tax collector at the time of registering with him) before such persons shall be eligible to vote in municipal elections for such year, that he still continues to be a resident within said city and has paid, except for the current year, all taxes, licenses, and assessments, required of and due by him to said city. Persons resident within said city for sixty days next preceding any election, whose names do not appear on the county list of registered voters above referred to, may become qualified and entitled to vote in municipal elections, in the manner prescribed in Section five hereof, and by taking the above required oath. The books for the registration of voters shall close for all regular elections for mayor, alderman, clerk and treasurer, or either of them, on the first Wednesday in September prior to such elections,

Page 751

and for intermediate or special election shall be closed at such time as the mayor and council may determine and declare by ordinance. After said books are closed no persons shall be entitled to register, and no names shall be entered thereon for any reason whatever. For the services required by this and the fifth Section of this Act, the clerk and treasurer may be paid such extra compensation, and the county registrars such fees, as the mayor and council may allow. Registration of voters. SEC. 28. Be it further enacted by the authority aforesaid, That the mayor and council shall have the authority to elect annually an overseer of streets, who shall be the superintendent of the chaingang, when established, at a salary of not exceeding $65.00 per month, payable monthly, and to suspend or discontinue such officer at pleasure, with or without cause. Said overseer shall have the power and authority of a policeman. Overseer of streets. SEC. 29. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to appoint assessors of all real estate subject to taxation within said city, not exceeding three in number, who shall be freeholders therein, and who shall under oath, impartially execute the duties of their office, and, as required by ordinance, proceed to assess as subject to taxation all real estate within the limits of said city, not exempt under the laws of said State, and place upon the same the fair market value thereof and report the same to the clerk of said city immediately upon such assessment being completed and compiled, and said clerk shall give public notice of the filing of such assessment in his office in such manner as may be prescribed by ordinance. In case of disagreement between the tax payer, his agent or attorney and said assessors as

Page 752

to the value of any property thus assessed, there may be an appeal to the next meeting of the council either by written or verbal notice served on the clerk, and the decision in the matter by the mayor and council may be reviewed by the Superior Court of Spalding county by appeal if filed within 4 days after the rendition of judgment by the mayor and council. Such appeal shall be disposed of in the Superior Court as other appeal cases. Personal property shall be returned for taxation by the owners thereof, or their agents, or attorneys to the clerk and treasurer of said city at such time and in such manner as may be provided by ordinance. Tax assessors. SEC. 30. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to establish a chaingang to work on the streets or other public works in said city, as the council may direct, and pass all ordinances necessary for the control of the work, government and safe keeping of the convicts, and for their punishment for insubordination and disobedience. Chaingang. SEC. 31. Be it further enacted by the authority aforesaid, That there shall be elected by the mayor and council a judge of the criminal court of Griffin, who shall preside in all cases tried therein, except when there is a vacancy in the office or the judge is absent from the city or is sick, or is for any reason disqualified from presiding, when the mayor, mayor pro tem, or any alderman may preside in said court, who, while so presiding, shall be clothed with all the authority and power of the judge. Said judge shall be paid a salary of not more than $400.00 per year, payable monthly, which shall not be increased or diminished during his term of office. Said judge shall be elected at the last meeting in November, 1910, for a term of two years and

Page 753

for a like term each succeeding two years. The judge elected, however, shall not be installed in office until the expiration of the term of the present judge. Judge of criminal court. SEC. 32. Be it further enacted by the authority aforesaid, That the city of Griffin shall own and have full and exclusive dominion and control over all streets, lanes, alleys, and sidewalks in said city, and all shade trees growing or being thereon, and shall be required to maintain said streets and sidewalks in reasonably safe and passable condition. Control of streets, etc. SEC. 33. Be it further enacted by the authority aforesaid, That there shall be elected by the mayor and council, at the last meeting in November, 1910, a city attorney, whose term of office shall be for two years from January 1, 1911, and for a like term each succeeding two years, the election therefor being held on the last meeting in November. Said attorney shall be paid an annual salary in monthly installments of not exceeding $600.00 per annum, which shall not increase or diminish during his term of office. His duties shall be as prescribed by the mayor and council. For services rendered in defending suits in the Superior Court of Spalding county, or the city court of Griffin, or for any unusual service, he may be allowed extra compensation by vote of the council. City attorney. SEC. 34. Be it further enacted by the authority aforesaid, That there shall be an election annually by the mayor and council of a city sexton who shall receive a salary of not exceeding the sum of $50.00 per month, and who shall charge and collect such a fee as may be fixed by the mayor and council for each and every interment made by him, or other services rendered by him, and pay the same into the city treasury. City sexton.

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SEC. 35. Be it further enacted by the authority aforesaid, That there shall be elected annually by the mayor and council, at the first meeting in December, engineers for the fire department who shall receive for their services a salary not exceeding $120.00 per annum, each payable monthly. Engineers for fire department. SEC. 36. Be it further enacted by the authority aforesaid, That this Act shall take effect from and immediately after its passage; provided, however, that it shall not interfere with the tenue of office of any of the officers of said city, but they shall hold their said offices until their successors are elected and qualified; the time of the election of the successors of said officers, except where otherwise changed and provided by this Act, shall be at the same time as the election would have occurred had this Act not passed; provided, further, that said officers shall receive no greater compensation for their services during the remainder of their present term than is now prescribed by law. Present officers. SEC. 37. Be it further enacted by the authority aforesaid, That all the ordinances of the city of Griffin now of force, not inconsistent with this Act, or the laws of this State, are hereby declared valid and binding and of full force and effect until modified, altered or repealed by said mayor and council of the city of Griffin. Existing ordinances. SEC. 38. Be it further enacted by the authority aforesaid, That all laws or parts of laws, except as herein referred to and retained, which are in conflict or inconsistent with this Act, be, and the same are, hereby repealed. Approved August 15, 1910.

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HAGAN, CITY OF, CHARTER AMENDED. No. 332. An Act to amend an Act entitled An Act to incorporate the city of Hagan, in the county of Tattnall and the State of Georgia; define its limits and change its requirements for the qualification of its voters, and for other purposes. Approved August 21, 1906. 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 said Act be amended by striking therefrom the words one half in line four and inserting in lieu thereof the words three fourths, in line seven by striking the words one mile and inserting in lieu thereof the words three fourths, in line twelve by striking the words one mile and inserting in lieu thereof the words three fourths. Hagan, city of, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That said Act be further amended by inserting between the words Hagan and so in the last line of Section 54, of said Act the words and that you have paid all taxes that have been required of you by said city of Hagan, so that when thus amended said Section will read as follows: That in case the manager of any election shall have any reasonable doubt as to the qualification of any voter, or should any voter be challenged they shall administer the following oath, to-wit: 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 one year in this State, and for the last six months

Page 756

within the city of Hagan; and that you have paid all taxes that have been required of you by said city of Hagan. So help me God. Oath of voters. SEC. 3. Be it further enacted by the authority aforesaid, That said Act be further amended by striking Section 57, of said Act, and numbering the remaining Sections accordingly. 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 3, 1910. HAPEVILLE, CITY OF, CHARTER AMENDED. No. 534. An Act to amend an Act approved September 16, 1891, entitled An Act to incorporate the city of Hapeville, Georgia, and for other purposes, and the several Acts amendatory thereof, so as to extend the corporate limits of said city of Hapeville; to give said city of Hapeville jurisdiction beyond the incorporate limits as extended a prescribed distance for police and sanitary purposes and the abatement of nuisances; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved September 16, 1891, entitled An Act to incorporate the city of Hapeville, Georgia, and for other purposes, and the several

Page 757

Acts amendatory thereof, be and they are hereby amended so as to extend the corporate limits of said city of Hapeville, and to provide that the corporate limits of said city of Hapeville as hereby amended shall embrace and include the following territory, to-wit: All that tract or parcel of land described as follows: Beginning at the original Northwest corner of land lot ninety-nine (99) of the fourteenth (14th) district of originally Henry, now Fulton county, Georgia, and running thence East along the original North line of land lots ninety-nine (99) and ninety-four (94) to the original Northeast corner of land lot ninety-four (94); thence South along the original East lines of land lots ninety-four (94) and ninety-five (95), to the present corporate limits of said city of Hapeville; thence Southeasterly along the present corporate limits of said city of Hapeville and beyond, following a straight line to the right-of-way of the Southern Railway Company; thence Southwesterly along said right-of-way to the right-of-way of the Central of Georgia Railway Company; thence Northwesterly along said right-of-way to the original East line of land lots ninety-six (96); thence South along said East line to the original Southeast corner of land lot ninety-six (96); thence West along the original South lines of land lots ninety-six (96) and ninety-seven (97, to the original Southwest corner of land lot ninety-seven (97); thence North along the original West line of land lot ninety-seven (97), to the present corporate limits of said city of Hapeville; thence Northwesterly along the present corporate limits to the extreme Western corner of said corporate limits; thence Northeasterly along present corporate limits of said city of Hapeville to the center of Virginia avenue; thence West along the center of Virginia avenue to the center of Whipple avenue; thence North along the center of Whipple avenue to the Southwest corner of The Piedmont Cotton

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mills property; thence East along the South lines of The Piedmont Cotton Mills property fourteen-hundred and fifteen (1415) feet, more or less, to the Southeast corner of The Piedmont Cotton Mills property; thence North along the East line of the cotton mills property nine hundred and seventy-one (971) feet to the original north line of land lot one hundred and twenty-seven (127) thence east along said original north line of land lot one hundred and twenty-seven (127), fourteen hundred and eighteen (1418) feet to the Northeast corner of said land lot one hundred and twenty-seven (127); and thence North along the original West line of land lot ninety-nine (99) to point of beginning. Hapeville, city of, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That all rights, powers, privileges, immunities and authority whatsoever vested in, possessed and enjoyed by said city of Hapeville under its present charter, be, and they are hereby extended so as to embrace and cover the territory embraced in the corporate limits of said city of Hapeville as hereby amended. Jurisdictional limits. SEC. 3. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power and authority to put down such curbing and sidewalks or such paving of sidewalks or gutters, as they may deem proper, one-half of which shall be paid by the city of Hapeville and the other half of which shall be paid by the property owner or owners, respectively, in front of whose premises said improvements may be made. The mayor and council may allow said improvements to be paid for by the property owners in such installments as they may deem proper, but shall have a lien on all abutting property for the payment of all such improvements, said lien to date

Page 759

from the date of the resolution or ordinance ordering and directing that such improvements be made, should such improvements not be paid for by the abutting property owner or owners within thirty days after demand, the collection thereof may be enforced by execution against the lands, goods and chattels of such owner, said execution to be issued and enforced in the same manner as tax executions, or executions for taxes due said city of Hapeville. Sidewalks. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910. HELENA, CITY OF, CHARTER AMENDED. No. 488. An Act to amend An Act to incorporate the city of Helena, in the county of Telfair, define its limits, prescribe its municipal powers and privileges, and for other purposes. Approved December 27, 1890, and the amendments thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act incorporating the city of Helena under the corporate name and style of the mayor and city council of Helena. Approved December 27, 1890, together with all amendments thereto, be and the same is hereby amended as follows:

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SECTION. 1. Be it enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That the mayor and city council of Helena be and they are hereby authorized and empowered to purchase, build, contract for, establish, maintain, and operate an electric light system for said city, to supply light, heat, and power by electricity for said city, and to furnish the said city and private parties within the limits of said city with electrical current for such purposes as may be practicable, and to charge and collect for such service; and generally to operate and maintain said plant as in their discretion they may deem best and proper; and for this purpose they may acquire the necessary property, rights, easements and franchises. They are further authorized to grant to individuals or corporations, if they deem it advisable so to do, the franchise to establish and maintain such electric light system within the corporate limits of said city upon such terms and conditions as may seem to said mayor and city council of Helena for the best interests of said city. Helena, city of, electric light and power. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and city council of Helena, be and they are hereby authorized and empowered to purchase, build, contract for, establish, maintain and operate a gas light system for said city and to furnish the said city and private parties within the limits of said city with gas for lighting, cooking and such other purposes as may be practicable, and to charge and collect for such services; and generally to operate and maintain said plant as in their discretion they may deem proper; and for this purpose they may acquire the necessary property, rights, easements and franchises. They are further authorized to grant to individuals and corporations, if they deem it advisable so to do, the franchise to establish and maintain such gas light system within

Page 761

the corporate limits of said city, upon such terms and conditions as may seem to said mayor and city council of Helena for the best interest of said city. Gas light. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and city council of Helena, are hereby authorized and empowered to purchase, build, contract for, establish, maintain and operate said waterworks as the said mayor and city council may in their discretion deem best and proper; and to acquire the necessary property, rights, easements and franchises therefor. They are further authorized to grant to individuals or corporations, in their discretion the franchise to establish and maintain such waterworks within the corporate limits of said city, upon such terms and conditions as may seem to said mayor and city council of Helena for the best interest of said city. Waterworks. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and city council of Helena are authorized and empowered to purchase, build, contract for, establish, maintain and operate, in connection with a waterworks system, sewerage for said city and for this purpose they may acquire the necessary property, rights, easements and franchises. Sewerage. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and city council of Helena are authorized and empowered to purchase, build, contract for, establish and maintain within the limits of said city such public parks and public squares as they may deem for the best interest of the said city and the citizens thereof; and for this purpose they may acquire the necessary property, rights, easements and franchises. Public parks and squares.

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SEC. 6. Be it further enacted by the authority aforesaid, That the mayor and city council of Helena are authorized and empowered for any of the purposes aforesaid, and for any other purpose authorized by their charter and the general laws of the State, to exercise the right of eminent domain; provided, that in case the said mayor and city council desire to make use of said right of eminent domain, the same shall be exercised according to the course of procedure provided by the general laws of this State for the condemnation of private property. Right of eminent domain. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and city council of Helena are authorized to enact and enforce such regulations, rules and ordinances as may be necessary for the purpose of protecting electric light system, gas system, waterworks, sewerage system, public squares, parks and such other public improvements as they may hereafter or may have heretofore established. Protection of light, water and sewer systems and parks. SEC. 8. Be it enacted by the authority aforesaid, That the maximum rate of ad valorem taxation allowed in said city of Helena shall be as fixed heretofore in the charter of said city, except as the same may be changed by amendments hereafter made to said charter by the Legislature; and except as hereinafter provided whenever the mayor and city council of Helena shall deem it best to increase the maximum ad valorem tax rate beyond the amount provided for in the said charter and amendments thereto, the said rate may be increased to an amount not to exceed that allowed by the Constitution of this State, provided the qualified voters of said city of Helena shall assent thereto by a vote of two-thirds of the qualified voters thereof, voting at an election held for such purpose, which said

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election shall be held as follows; the mayor and city council shall draft an ordinance specifying particularly the increase to be made and for what purpose or purposes, which said ordinance shall be published for one issue in paper in which the sheriff's sales of said county are advertised; and at the time that such ordinance is so drafted as aforesaid, the said mayor and city council of Helena shall call an election to determine whether said ordinance shall be of force as part of the charter of said city. Notice of said election shall be given by publishing such notice stating the time of said election, and the question to be submitted, for thirty days in three public places in said city prior to said election, which election shall be conducted as are elections for mayor and city councilmen of said city, and the returns of said election shall be made to the mayor and city council of Helena who shall declare the result. All qualified voters of said city shall be entitled to vote at said election. At said election said voters desiring to vote in favor of said increase in the ad valorem tax rate shall have written or printed on their ballots; For increase of ad valorem tax rate, and those voters desiring to vote against said increase shall have written or printed on their ballots, against increase of ad valorem tax rate. When such ordinance shall be ratified by two-thirds of the votes cast at such election as aforesaid, the said ordinance shall then be a part of the charter of said city of Helena. The mayor and city council may order other elections on the same question from time to time provided said elections shall not be held oftener than once every six months. The rate of ad valorem taxation may be increased as often as authorized by a two-third vote as aforesaid; provided, the rate shall never exceed that allowed by the Constitution of this State. Taxation.

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SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and city council of Helena are authorized to issue bonds for any of the purposes allowed by their charter, and by the laws and Constitution of the State of Georgia, provided, such bonds shall be issued only as provided by Sections 377 to 381 (inclusive), of the Code of the State of Georgia 1895, Volume 1, and the amendments thereto. Municipal bonds. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and city council are authorized to require the payment of all special taxes and licenses to be made before business shall be operated thereunder and to punish the violation of any ordinances passed by them for this purpose by fine or imprisonment as violations of their other ordinances, rules and regulations are punished. Special taxes. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor and city council of Helena shall have full power and authority to provide by ordinance for the forfeiture of bonds given by offenders for their appearance before the municipal courts, and to provide for the collection of the same from the principal and sureties to such bonds by judgment, execution and sale. Forfeiture of appearance bonds. SEC. 12. Be it further enacted by the authority aforesaid, That whenever the marshal of said city shall sell at public outery any property either real or personal under tax execution, or other process issued by the clerk and treasurer of said city or otherwise issued by direction of the said mayor and city council of Helena, then any duly appointed officer of said city may bid off such property for the said city provided the purchase price paid therefor shall not exceed the amount of the demand against said property,

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including the costs of the proceeding. All sales by the marshal under tax execution shall be subject to the same right of redemption by the true owner as are tax sales for State and county taxes. Whenever the title to property is obtained for the city, as is herein set forth, by purchase at marshal's sale, the mayor and city council of Helena are authorized to sell the same at private sale, provided such sale shall be agreed upon by a majority of the city council at a regular meeting. Marchal's sales. SEC. 13. Be it further enacted by the authority aforesaid, That the general law of the State as set forth in Sections 695 to 761 inclusive of the Code of the State of Georgia of 1895, be and the same is hereby made a part of the charter of said city, except in so far as the same may be contrary to the express rights herein conferred, together with all amendments thereto. General law. SEC. 14. Be it further enacted by the authority aforesaid, That any person who may be convicted before the mayor's court shall have the right to appeal from the judgment of the mayor's court to the mayor and city council of Helena, and shall have the right to give bond and security in such sum as may be fixed by the mayor for his appearance before the mayor and council of Helena. The mayor and council shall try all appeals de [Illegible Text] and may in its discretion affirm the judgment of the mayor, reduce or increase the punishment, or discharge the defendant. Appeals in mayor's court. SEC. 15. Be it further enacted by the authority aforesaid, That any person who may be convicted before the mayor and city council of Helena may, by giving notice of his intention to certiorari, suspend the judgment until the grant of a certiorari, and may be released from custody

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upon giving bond with good security in such sum as may be fixed by said mayor for his appearance; provided, all certioraries from said court shall be sued out within twenty days from the date of judgment complained of; and, provided, further, that no such certiorari shall issue until all costs have been paid, or an affidavit be made by defendant showing his inability to pay same. Certiorari from mayor's [Illegible Text] SEC. 16. 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, 1910. HELENA, CITY OF, CHARTER AMENDED. No. 367. An Act to amend an Act to incorporate the city of Helena in the county of Telfair, to define its limits, prescribe its municipal powers and privileges and for other purposes. Approved December 27, 1890, Georgia Laws 1890-1, Volume 2, Page 634, 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 to incorporate the city of Helena in the county of Telfair, to define its limits, prescribe its municipal powers and privileges, and for other purposes. Approved December 27, 1890, Georgia Laws 1890-1, Volume 2, Page 634, and for other purposes, be and the same is hereby amended

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by striking out of said Act all of Section 1, and by adding a new Section 1, so that 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 from and after the passage of this Act the city of Helena, in the county of Telfair, State of Georgia, is hereby incorporated. Its corporate limits shall embrace and include all the territory contained in the following described boundary line; on the North from the Union Passenger Depot in said city of Helena, three-fourths of one mile; on the East, from the Union Passenger Depot of the city of Helena to the corporate limit line of the city or town of McRae; on the South from the Union Passenger Depot of the city of Helena three-fourths of one mile; provided, however, said line at this point shall not extend further South than the corporate limit line of the city or town of McRae; West from the Union Depot in said city of Helena three-fourths of one mile. Helena, city of. Corporate limits. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 5, 1910. HOGANSVILLE, TOWN OF, CHARTER AMENDED. No. 345. An Act to amend an Act to establish a new charter of the town of Hogansville, in the county of Troup, State of Georgia. Approved December 2, 1901, for the purpose

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of defining more definitely the corporate name, to define its powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act that the Act to establish a new charter for the town of Hogansville, in the county of Troup, State of Georgia. Approved December 2, 1901, is hereby amended so that when amended the municipal government of the town of Hogansville, in the county of Troup, State of Georgia, shall be vested in a mayor and five (5) councilmen who are hereby constituted a body politic and corporate under the name and style of The mayor and council of Hogansville, and by that name shall succeed to all the rights, powers, liabilities and duties of said municipal Corporation, as provided by said amended Act, and by the laws governing municipal corporations in said State. Hogansville, town of. Municipal government. SEC. 2. Be it further enacted, That from and after the passage of this Act, That the present charter of said town of Hogansville, and all ordinances, not in conflict herewith, and not inconsistent with the laws of said State shall be and remain of full force and effect, unless otherwise amended or repealed. Existing laws. SEC. 3. Be it further enacted, That all laws and parts of laws, including all local laws, so far as they conflict with this Act be, and the same are hereby repealed. Approved August 3, 1910.

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HOGANSVILLE, TOWN OF, BONDS FOR PUBLIC UTILITIES. No. 415. An Act authorizing and empowering the town council of Hogansville, Georgia, to establish a system of waterworks, electric lights, sewerage, etc.; and to create a debt on said town of Hogansville by issuing $20,000.00 of bonds for such improvements; providing for the payment of same by taxation, on condition that the same has been submitted to a vote of the qualified voters of said town of Hogansville, and for other purposes. Approved August 22, 1905, so that said Act, when amended shall provide that the mayor and council of Hogansville, shall be authorized and empowered to purchase, build and maintain a system of waterworks, electric lights, and sewerage for the town of Hogansville, in the county of Troup, State of Georgia; to create a debt against said town of Hogansville, in the county of Troup, State of Georgia, by issuing $30,000 of bonds for such improvements, or either of them or one or more of them in the discretion of said the mayor and council of Hogansville; to provide for the payment of said bonds and interest thereon by assessment and collection of an annual tax upon all taxable property within the corporate limits of said town of Hogansville, on condition that the question of creating said debt against said town of Hogansville by the issuance of said bonds has first been submitted to a vote of the qualified voters of the town of Hogansville, and approved by a two-thirds majority as required by law; to provide the manner of holding said election, 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 that Section 1 of an Act to authorize and empower the town council of Hogansville, Georgia, to establish a system of waterworks, electric lights, sewerage, etc., and to create a debt on said town of Hogansville by issuing twenty thousand dollars of bonds for such improvements, etc. Approved August 22, 1905, is hereby amended by striking from said Act the words the town council of the town of Hogansville, Georgia and the words twenty thousand dollars, and inserting in lieu of the words first above quoted the words; the mayor and council of Hogansville, and inserting in lieu of the words twenty thousand dollars the words thirty thousand dollars, so that when amended the said Section 1, of said Act shall read as follows: SEC. 1. Be it enacted by the General Assembly of Georgia, That the mayor and council of Hogansville, Georgia, for the purpose of establishing a system of waterworks, electric lights and sewerage, or any one or more of them, are hereby authorized and empowered to order an election to create a debt of not over thirty thousand dollars on said town of Hogansville, as debts are authorized by law to be created by cities in this State, at which election the qualified voters only of said town of Hogansville shall be authorized to vote, and said election shall be held in said town of Hogansville as elections are held for the election of members of the Legislature of this State. Hogansville, town of. Election for waterworks lights and sewerage. SEC. 2. Be it further enacted, That the mayor and council of Hogansville, in its discretion shall determine for which purpose or purposes, within the purview of this Act, that said debt shall be created and the purpose or purposes

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and amount of debt to be created for each of said improvements shall be specified in the order for said election herein provided. Discretion council. SEC. 3. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved August 12, 1910. ILA, TOWN OF, INCORPORATED. No. 313. An Act to incorporate the town of Ila, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, That the town of Ila, in the county of Madison, is hereby incorporated. The territorial limits of said town shall include the following territory, to-wit: All of the territory lying within a space of five hundred yards on each side of the Commerce and Danielsville public road, the beginning of which is marked by an iron stake driven into the center of said public road near the Northwest corner of the residence of J. H. Rice, and extending Eastward along said road twenty-one hundred yards; the corporate limits of said town forming substantially a parallelogram twenty-one hundred yards in length, from Westward to Eastward and one thousand yards from North to South. Ila, town of, corporate limits. SEC. 2. The municipal authorities of said town shall consist of a mayor and four councilmen, who together, shall

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be known as the town council. The concurrent vote of three councilmen or the mayor and two councilmen shall be necessary to the passage of any order, resolution, ordinance or other official action of the city council. The mayor may vote on any question. The council may elect from their number a mayor pro tempore. who shall have the same authority in all matters as is given to the mayor, whenever the mayor for any reason cannot or will not act, or declines to do so. Mayor and councilmen. SEC. 3. The mayor or any councilman 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 an 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. Impeachment of mayor or councilman. SEC. 4. The following officers are hereby appointed to organize the municipal government of said town and to hold and serve in the capacities named under the next regular election as herein provided, to-wit: J. B. Campbell, as mayor, J. L. Freeman, R. P. Crawford, E. F. Martin and S. B. Freeman as councilmen. The mayor and councilmen of said town (including the successors to the above named persons) shall be elected on the first Saturday in January of each year, for the term of one year and shall hold office until their successors are elected and qualified. If an election is not held at the prescribed time a special election may be held as provided in Section 692, of the

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Political Code of 1895, while vacancies may be filled at any time by special election to be called by a majority of the members of the council, ten days public notice being given. Posting of notice in three public places of the town shall be sufficient. Mayor and councilmen, appointed. SEC. 5. All general and special elections in said city shall be held between the hours of nine 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 is eligible to be a manager in elections for members of the General Assembly is eligible to act as manager in such town elections. Elections. SEC. 6. On Monday following the regular election for mayor and councilmen, as soon thereafter as practicable, the town council elect may qualify by taking the oath to faithfully discharge the duties of the office of mayor and councilmen, to which they have respectively been elected and when they have done so, the council then in office shall turn over the offices of the town 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 town 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 writing upon the person or persons certified by the managers to be elected personally, or if he be absent from the town, by leaving at his most notorious place of abode, before his qualification in manner aforesaid, the certificate of election managers shall be conclusive. Only citizens of the town of Ila shall be eligible to be elected mayor or councilmen. Oath of mayor and councilmen.

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SEC. 7. The following persons, and no others, except as is otherwise provided herein shall be qualified to vote in general and special elections in said town: 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 town for six months preceding such election and who shall have paid all taxes required of them by the town of Ila and in general elections for mayor and councilmen who shall have been registered as hereinafter provided. The town council may 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. 8. 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 town council or some other person whom the town council may appoint shall upon one or more registration books in which any person desiring to be registered as a voter, may sign his name, thereby authorizing an oath, printed or written above, which oath shall be so framed as to cause the subscriber to swear to the fact of his possessing the qualification of a voter as set forth in Section 7 of this Act. 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 council and other persons authorized by the town council to have charge of said books are hereby empowered to administer said oath. Said registration shall be closed by six o'clock p. m. December the first of each year and the clerk of council shall forthwith furnish to the mayor a complete list of all persons registered in said books. At any time on or before the fifteenth of December any citizen of said town may make

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written objection specifying that any one or more persons named on 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 [Illegible Text] 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 removed from the list, and the managers shall allow those persons whose names are on the lists furnished them by the mayor and no others to vote at said election. The town council may provide that the duties required of the mayor in this Section shall be discharged by a board of three registrars, to be appointed by them. Registration of voters. SEC. 9. Managers of elections shall take the following oath at the beginning of each election: We swear that we will honestly and lawfully manage this day's election and make a true return thereof, and that we will not allow any one to vote whose name is not on the list of registered voters furnished us for this election, if a list be furnished us. Election managers. SEC. 10. The town 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. Municipal offices SEC. 11. The council herein named shall fix the compensation of the mayor herein named for the remainder of the present year; and thereafter the outgoing council shall

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before the day of the election fix the salary of the incoming mayor; and on their failure to do so, it shall be the same as that paid in the previous year. Compensation of mayor. SEC. 12. Power is hereby conferred upon the mayor, mayor pro tempore, town attorney, and clerk of council respectively, to administer any oath or affidavit in relation to any matter connected with affairs of the town government of Ila. Oaths, by whom administered. SEC. 13. The police court of the town of Ila may be held at any place in said town or at any time, except Sunday. It may be held by the mayor, mayor pro tempore, by a recorder (if such office be created by the town council), under 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 town by fine not exceeding one hundred dollars, by imprisonment in jail, or such other places as the town council may provide for a prison, for a term not exceeding one hundred days, either or both, and to coerce the payment of fines imposed by imprisonment. Labor in the chaingang or on the streets, not exceeding one hundred days, may be allowed as an alternative to fine or imprisonment. Sentence may be cumulative. Contempt in said court may be punished in like manner. The town council may suppress cruelty to animals, gaming, the running of blind tigers, lewd and disorderly houses, public indecency, lewdness, obscenity, profanity, vagrancy and all like things, notwithstanding the acts may also be involved in State offenses. Police court. SEC. 14. Any person convicted in the police court may obtain certiorari directly from the decision of the officer presiding in said court under the same rules as certiorari

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is obtained from the decision of county judge in criminal cases, or he may waive this right to apply for certiorari and may, within four days from rendition of the decision in the police court, enter an appeal to the town council, 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 mayor pro tempore, presiding in the police court, shall not be disqualified to Act with the town council hearing the appeal. Certiorari from mayor's court. SEC. 15. 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 town of Ila 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 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, 723, 724, 732, 733, 734, 735, 740, 741, 742, 744, 755, 702; but the municipal authorities of said town shall never have the power to authorize the sale of spirituous, malt or intoxicating liquors, beers, or wines, and except so far as forbidden by State law, shall have the right to require a license fee not less than ten thousand dollars upon such beverages and drinks as are capable of being used in imitation of or substitution for spirituous, malt, vinous, or intoxicating liquors, and shall have the right to prohibit the sale of any or all ciders and similar beverages. General law. Sale of intoxicants. SEC. 16. The town of Ila shall have the 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

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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 construed as excluding any other occupation or business from the taxing power of said town. They may put an ad valorem tax, not exceeding the Constitutional rate, on all property in said town. The taxing power of said town shall be as general, full and complete as that of the State itself. Taxation. SEC. 17. The town council shall have the right to grant franchises for the use of their streets for the erection of telephone lines, electric light lines, car lines, and for other public utilities. The town council of Ila may prohibit all persons, firms and corporations to whom they do not grant a franchise, from using said streets for the erection of poles, wires or encroachments of any nature. They may regulate the manner in which awnings may be erected in 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. 18. The town council may organize a fire department and may make all needful regulations relating thereto. They may establish fire limits and may regulate the manner in which houses or other structures may be built or altered in any portion of the town. 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 respecting the same. The town of Ila, through its town council or through officers provided for by them, may carry on any business not contrary to the laws of the State. Fire limits and public utilities.

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SEC. 19. The town council shall have authority to establish, maintain, and enforce quarantine regulations and pass all needful ordinances respecting thereto. Quarantine SEC. 20. Any process, summons, notice, execution or other like paper required to be served by the charter or ordinances of said town may be served and executed, and arrests may be made by the marshal or other police officer of said town unless otherwise provided, and at any place within the limits defined. Marshal and police officers. SEC. 21. The town council may condemn or purchase property and exercise control over the same anywhere within the territory designated as the limits of said town and may, by ordinance and through their officers, regulate and control the same for any public purpose. Public property. SEC. 22. Recitals in deeds under a sale for municipal taxes or assessments in said town shall be evidence of the facts so recited in any court of this State as shall be taken as prima facie true. Tax deeds. SEC. 23. The town council may adopt a code of ordinances and may amend and repeal the same or any part of the same. Municipal code. SEC. 24. The enumeration of powers contained in this Act shall not be considered as restrictive, but the town of Ila and its municipal authorities may exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and the town council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said town and where under this charter rights are conferred or powers granted

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but the manner of exercising them is not fully prescribed, the town council may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act nor the laws of this State. General welfare. SEC. 25. Said town shall have the right to support its educational institutions and to erect school buildings and otherwise to provide for the education of children. For the purpose of erecting a school building or buildings, the town council of said town shall have the right from time to time to issue bonds upon compliance with the provisions of Sections 377-381 of the Political Code of 1895, and such amendments as have been made and shall be made by the general law in this State, and upon otherwise complying with the general law in this State applying to the issuance of bonds by municipalities. Public schools. Approved July 28, 1910. JASPER, TOWN OF, INCORPORATED. No. 304. An Act to incorporate the town of Jasper, in the county of Pickens, State of Georgia, to define its limits, 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 town of Jasper in the county of Pickens, be and the same is hereby incorporated, under the name and style of the town of Jasper. And by such its

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corporate name, shall have perpetual existence, may sue and be sued, plead and be impleaded, in the courts of this State. It shall also have power to have and use a common seal, and succeed to all the rights incident to such corporation. Jasper, town of, corporate powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town, shall extend three-fourths of mile in every direction from the county court-house, in said town of Jasper. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That on the first Saturday in December, 1910, and bi-ennial thereafter, on the same day, an election shall be held in said town for mayor and five councilmen, who shall hold their office for a term of two years, and until their successors are elected and qualified. And no one shall be entitled to vote, or be eligible to hold the office of mayor or councilman of said town, who does not reside within the corporate limits thereof, and who has not paid all taxes due said town, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers of this State, and a certificate of the managers shall be sufficient authority to the persons elected to enter upon the discharge of their duties, which certificate shall be recorded by the clerk in a book to be kept for that purpose. Mayor and councilmen, election of. SEC. 4. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties, the mayor and each councilman shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths. I do solemnly swear that I will faithfully discharge

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all the duties devolving on me as mayor (or councilman as the case may be) of the town of Jasper, and enforce the provisions of this charter, and the ordinances made in pursuance thereof, to the best of my ability and understanding. So help me God. Oath of mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That should the office of mayor or councilman become vacant from any cause a majority of the councilmen then in office shall order an election to fill such vacancy, giving ten days notice of such election, at which time a successor shall be elected. Vacancies. SEC. 6. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to elect a marshal, or marshals, also a clerk of council, who shall also act as treasurer of said town, and such other officers as they may deem necessary for carrying into effect the powers herein conferred upon them. The mayor and council, may, when exercising the functions of a justice of the peace as hereinafter provided, charge and collect such fees as justices of the peace are allowed to charge and collect under the laws of this State. Municipal officers. SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and each of said councilmen, shall be ex-officio justice of the peace, and shall have full authority to issue warrants for any offense against the State, committed within the corporate limits of said town, and shall have authority to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or commit him to jail, for a violation of any of the laws of this State, and to admit to bail, or commit to the common jail of said county any person for violations of the ordinances

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of said town, for such time as may be provided by ordinance. Mayor and councilmen ex-officio, justices of the peace. SEC. 8. Be it further enacted by the authority aforesaid, That the clerk of council, to be elected by the mayor and council, (of whom may be one of their own number) shall be required to act as treasurer of said town, and be ex-officio treasurer thereof. That he shall be required to give a bond, conditioned to faithfully perform his duties, which bond shall be made payable to the mayor and his successors in office, in such sum as may be prescribed by ordinance. That said treasurer shall be required to keep a book, in which he shall enter a true and correct account of all monies received, from whom received, and for what purpose. And also a correct account of all money paid out, to whom paid, and for what purpose, and take and enter proper vouchers for the same, and shall make a statement in writing to the mayor and council of the financial condition of the town, when called upon to do so, which report shall be made to the mayor and council at their regular meetings, at least twice each year. Clerk of council. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Jasper, shall have power and authority to levy and collect a tax upon all property, both real and personal, within the corporate limits of said town of Jasper, not to exceed one-half of one per centum per annum, to levy and collect a specific tax upon all business, occupations or trades, public or private, exercised or carried on within the limits of said town, as may be just and proper, and all shows or exhibitions, and all other business of every description coming within the police power of said town. They shall provide by ordinance for the return for taxation of all property in said town,

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both real and personal, which return shall include all species of personal property owned by the taxpayer, including all monies and solvent debts, all monies deposited in any bank or banks, in, or without this State, which return shall be made to the clerk of council. They shall also provide by ordinance a time for the return of the property for taxation; to the clerk of council, and also shall fix a time for the payment of said taxes. Said return of property for taxation shall be made under oath by the taxpayer, at such time as may be fixed by council. Taxation. SEC. 10. Be it further enacted by the authority aforesaid, That should any taxpayer fail or refuse to return his property for taxation to the clerk of council, or should he return the same for less than its market value, the mayor and council may assess such property for taxation at such sum as may seem reasonable and just, and notify the taxpayer of such assessment. If the taxpayer is dissatisfied with such assessment, he shall have the right of appeal to a board of arbitrators. The taxpayer having the right to select one arbitrator, the mayor and council one, and these two may select a third arbitrator, in the event they fail to agree, who shall decide as to the value of the property in dispute for taxation, and the award so made by the arbitrators shall be final, and from which there shall be no appeal. Tax assessments. SEC. 11. Be it further enacted by the authority aforesaid, That upon the failure or refusal of any citizen of said town to pay the taxes due on demand, it shall be the duty of the clerk of council to issue an execution against said tax defaulter, for the amount of said taxes due, directed to the marshal of said town bearing test in the name of the mayor and signed by said clerk, which execution shall be

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delivered to the marshal, who shall proceed forthwith to collect the same by levy and sale, which levy, if upon real estate shall be advertised as in case of sheriff's sales, and if upon personal property, it shall be advertised as required by law in the case of constables sales in this State. Tax executions. SEC. 12. Be it further enacted by the authority aforesaid, That said mayor and council shall have general supervision over the streets and sidewalks of said town, and are required to keep the same in good repair, and see that the same are properly worked. They shall have authority to require all persons subject to road duty under the laws of this State to work upon the streets and sidewalks of said town, or they may, in lieu of such work, provide for a commutation tax to be paid. And upon the failure of any person subject to road duty to work upon the streets and sidewalks of said town, or pay the commutation tax, in lieu thereof, they may impose a fine of not more than twenty-five dollars for each offense, or may imprison such defaulter in the common jail of said county for not more than twenty-five days, or may work such defaulter under guard on the streets of said town for not more than twenty-five days. They shall have authority to open or close such streets and alleys as may become necessary for public convenience. Streets, etc. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town, and preside at all meetings of council, but shall have no vote upon any question to be decided by council, except in case of a tie, when he shall cast the deciding vote. The mayor and council of said town shall have authority to pass all needful ordinances for the protection of property, for the preservation of the peace, the good order and welfare

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of said town, to preserve the morals, health and safty of the people of said town, and to abate nuisances, and provide for the punishment of all violations of the ordinances of said town, consistent with the laws of this State. The mayor and council shall meet once each month in regular meeting for the transaction of general business, and may have call meetings at such times as they may deem necessary. Said mayor and council may provide such compensation for the payment of any officer selected by them, as they may deem just and proper. General welfare. SEC. 14. Be it further enacted by the authority aforesaid, That the present mayor and council of said town shall continue in office and discharge their several duties of their respective offices until the first election is held under this charter, on the first Saturday in December 1910, and until their successors are elected and qualified. Present officers. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have no authority to authorize the sale of any spirituous or malt liquors or intoxicating bitters, within the limits of said town; provided, however, that nothing in this Act shall be construed to prohibit the sale of alcohol by regular licensed druggists as now provided by the prohibition law of this State. Sale of intoxicants. SEC. 16. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to require bond of any officer, or other person elected by them to aid in the enforcement of the ordinances of said town, which bond shall be made payable to the mayor and his successors in office, in such sum as may be provided by ordinance, conditioned for the faithful performance of their duties pertaining to such offices. Bonds of officers.

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SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall provide for the payment of all existing debts, due by said town, including the bonded debt for the building of the public school building, known as the Jasper high school, and also collect all debts due said town, including all unpaid taxes. Public debt. SEC. 18. Be it further enacted by the authority aforesaid, That should the mayor or any member of council, or other officer of said town, be guilty of malpractice in office, or gross and wilful neglect of duty, he or they shall be liable to prosecution, in the Superior Court of Pickens county, and upon conviction shall be punished as for a misdemeanor, and moreover, shall be removed from office. Malfeasance and neglect. SEC. 19. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to grant a franchise for not more than twenty years to an electric light company, or any other person to use the streets of said town in the operation of an electric light plant. Also to provide for the establishment of waterworks for said town. Franchise. SEC. 20. 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 22, 1910.

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KINGSTON, TOWN OF, CHARTER AMENDED. No. 560. An Act to amend the charter of the town of Kingston, in Bartow county, Georgia, and the various Acts amendatory thereof, so as to change the mode of election of councilmen, and their terms of office, to provide for the registration of voters in said town, to enlarge the jurisdiction, powers and authority of the mayor and council of said town, and for other purposes therein contained. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the mode of electing and terms of office of the mayor and aldermen be and the same is hereby changed, as follows: At the next election in said town to be held on the last Saturday in December 1910, there shall be elected a mayor, who shall hold his office for a term of two years; and a mayor shall be elected every two years thereafter, whose term of office will be two years, and at the same election there shall be elected two aldermen for a term of two years, and two aldermen for a term of one year. The two aldermen receiving the highest number of votes shall hold their office for two years, and the two receiving the next highest number of votes shall hold their office for one year and annually thereafter, on the last Saturday in December, two aldermen shall be elected, whose term of office shall be two years. The mayor and aldermen so elected to hold their offices until their successors are elected and qualified. Kingston, town of, election of mayor and aldermen. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of said town may require and provide for the registration of voters for any or all

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elections for any purpose in said town, and are hereby empowered to make and enforce such rules and regulations, by ordinance, for this purpose as they may deem best, not inconsistent with the laws of the State. Registration of voters. SEC. 3. All elections, both general and special, shall be conducted in accordance with the following regulations: (1) The mayor and council shall appoint, at least five days prior to each election, a board of three managers, each of whom shall be a qualified voter and free holder in said town, to hold the election, and said managers shall be duly sworn. (2) That the vote shall be given by ballot and secretly, no one but the managers being allowed to be present with the voter, except in case of a challenge, the person challenging, who shall leave immediately after the decision of managers is made. (3) In case a voter is unable by illiteracy or physical disability to prepare his ballot, one of the managers may, at the voters request and in the presence of the other two, prepare his ballot for him. (4) To preserve peace and good order at the poles, so that every voter may have an unobstructed opportunity of casting his ballot, and so the secrecy of the same may be maintained, it shall be the duty of the proper municipal authorities to furnish a sufficent number of peace officers to secure that end. Elections, how held. SEC. 4. The clerk of the council, or some one duly appointed by the mayor and council for that purpose shall open at some place designated by the mayor and council, forty-five days prior to each election, a list for the registration of voters, which shall be kept open thirty days, when it shall be finally and absolutely closed on the thirtieth day. Registration book. SEC. 5. Be it further enacted, That the mayor and council of said town shall have the right and authority to

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regulate or prevent the use of fireworks, firecrackers, torpedoes, sky rockets, roman-candles, firing of guns, pistols, anvils, building bonfires and every kind of hunting within the corporate limits of said town. Use of explosives. SEC. 6. That the mayor and council of said town, shall have full and complete control of the streets, sidewalks, alleys and squares in said city; to remove or cause to be removed any building, steps, fence, gate, post, or other obstructions or nuisances in public streets, lanes, alleys, sidewalks or other public places in said city and to enforce the provisions of this Section by appropriate ordinances. Streets, etc. SEC. 7. Be it further enacted, That said mayor and council may exercise general supervision over all buildings of every character within said town, and shall have the right and authority to exercise said supervision by passing and enforcing such ordinances as may be appropriate. Supervision of buildings. SEC. 8. Be it further enacted, That said mayor and council shall have the power to control and regulate the running, operating of all all locomotives, trains, automobiles, and all vehicles for transportation of persons or freight in said town, 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 same for violation thereof. Operation of locomotives, etc. SEC. 9. Be it further enacted, That the mayor and council shall have power to pass ordinances and regulations preventing idleness and loitering, within the corporate limits of the town, and to prescribe penalty for violation thereof. Vagrancy.

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SEC. 10. Be it further enacted, That the mayor's salary shall be $50.00 per year, and the four councilmen's salary shall be $15.00 per year, each, and that the clerk shall receive $10.00 additional (making his salary $25.00.) Salaries. SEC. 11. Be it further enacted, That the mayor and council shall have the right and authority to assess, levy and collect license on theatrical exhibitions, circuses and shows of all kinds, drays, livery stables, butcher shops, and upon all other classes or kinds of business, as may be just and reasonable. Special taxes. SEC. 12. Be it further enacted, That the mayor and council shall make summary reports from year to year of all receipts and disbursements, same to be published December 31, and march 31, June 30, and September 30, beginning with December 31, 1910. Reports of council. SEC. 13. Be it further enacted, That the said mayor and council of said town shall have the right and power to provide for and regulate the curbs and gutters that empty into the streets or sidewalks in said town; to regulate or prohibit (except as such power may be restricted or limited by any existing general law) the use of the streets, sidewalks and public grounds for signs, sign posts, awnings, telegraph and telephone poles, horse troughs and racks, and for posting hand-bills, advertising; to regulate or prohibit the carrying of banners, hand-bills and placards on the streets and sidewalks and public places of the town, also to compel any telegraph or telephone 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 said telephone or telegraph company shall fail to remove same within ten days after having been duly

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notified to do so, said authorities shall have the right and authority to remove same at the expense of said company, and to collect the same by execution. Control of streets, etc. SEC. 14. Be it further enacted, That the mayor and council of said town shall have full power to require the railroads running through said town or any portion thereof, to make such crossings on their several roads, whenever and in such manner as said mayor and council shall deem necessary, to place or repair such crossings, or to open and keep open any and all streets in said town, now or hereafter established, and the mayor and council may pass any ordinance needful for carrying out the provisions of this Section, and in case the railroads aforesaid shall fail, or refuse to make such crossings within ten days, or to repair same within five days after having been duly notified to do so, the mayor and council shall have the power to create and make same across said railroad, and repair same at the expense of said railroads and may issue execution therefor, and levy and collect the same as provided in the case of other executions in favor of said town. Railroad crossings. SEC. 15. Be it further enacted, That the mayor and council of said town shall have power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said town, and to prevent and prohibit the keeping of hogs within its limits, or regulate the manner in which they must be kept if allowed to remain; also, to impound such animal or animals when found upon the streets of said town, and to charge such fees for same as they may prescribe; and in addition thereto, charge for the keeping of any animal or animals so impounded. Also, when the owner or owners of any animal or animals shall fail or refuse to pay the impounding

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fee and cost of keeping said animal or animals, said animal or animals may be sold at public outery and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under said rules and regulations as may be prescribed by the mayor and council. Stock law. SEC. 16. Be it further enacted, That the mayor and council of said town shall have full and complete control of the streets, sidewalks, alleys, squares and cemeteries in said city and shall have full power and authority to condemn property for the purpose of laying out new streets and for widening, straightening and 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 to be condemned is the land of an owner trustee, executor, administrator, guardian or agent in the manner provided by Sections 4657-4685 inclusive, of Volume 2, of the Code of Georgia of 1895, and the Acts amendatory thereof. The mayor and council may abandon such proceedings at any time upon payment of accrued cost. Street improvements. SEC. 17. Be it further enacted, That said mayor and council may, by ordinance, declare what shall be a nuisance in said town and provide for the abatement of same. The mayor's court in said town shall have concurrent jurisdiction with the mayor and council of said town in respect to the trial, abatement of all nuisances in said town. Nuisances. SEC. 18. Be it further enacted, That said mayor and council shall and may enact any and all ordinances, rules and regulations neccessary to lay out a fire district in said town and enlarge, change or modify its limits from time to time, to prescribe when, how and of what material buildings

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in said limits may be erected or covered; how thick the walls must be, the manner in which the chimneys, stovepipes and flues shall be constructed; to change all things that they may deem necessary to protect said town, so far as possible from danger from fire and to prevent conflagrations; they shall have power and authority to order any changes in the construction or arrangement of stove pipes flues or the removal thereof, when in their judgment the same is dangerous, or likely to be so, and make the owner or occupant of the premises pay the expense of the change, as they may elect, which may be collected by execution, and if any person, firm or corporation shall not remove said building after due notice to do so, then said mayor and council shall have power and authority to remove the same at the expense of the owner, which expense may be collected by execution. Fire limits. SEC. 19. Be it further enacted, That there shall be a mayor's court in said town of Kingston for the trial of all offenders against the charter by-laws and ordinances of said town to be held by the mayor in council chamber as often as necessary; that in the absence or the disqualification of the mayor, then the mayor pro tem who shall have been chosen, shall hold said court; that in the absence of both the mayor and mayor pro tem. then one of the councilmen may hold said court being hereby given the same power and authority as the mayor. Mayor's court. SEC. 20. Be it further enacted, That any person convicted in the mayor's court shall have the right upon the payment of whatever cost accrued, to appeal to the full board of councilmen, within four days, upon giving bond to be fixed by the mayor, mayor pro tem. or acting mayor, and the right is hereby given any person to certiorari from the

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decision of said board to the Superior Court of said county as now provided by law, upon compliance with the laws relative to certioraries to said Superior Court. Appeals. Certiorari. SEC. 21. Be it further enacted that the mayor and council of Kingston shall have full power and authority to provide by ordinance for the forfeiture of all bail bonds for appearance before mayor's court. Forfeiture of bonds. SEC. 22. Be it further enacted by the authority aforesaid, That in case the mayor or any aldermen, or any other officer of said city shall while in office be guilty of malpractice, wilful neglect in office or abuse of powers conferred upon him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to impeachment by the city council, and on conviction shall be removed from office. Malfeasance or neglect. SEC. 23. Be it further enacted, That the marshal of said town or any special policeman, as well as the mayor or any member of said council shall have the right to make arrests without warrants and to arrest and detain any one guilty of violating any of the ordinances of said town, and committing offenses against the peace, good order and dignity thereof, and to hold such offender in the guard house or county jail pending trial or else take bond for his appearance for trial before the mayor's court. Arrests. SEC. 24. Be it further enacted, That the funds of said city shall be paid out upon vouchers drawn by the clerk upon the treasurer and countersigned by the mayor stating for what it is drawn and no amount shall be paid out for any purpose whatever until the voucher or check drawn for such purpose shall have been countersigned by the mayor,

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the treasurer and his bondsman being hereby made responsible for any funds paid out in a manner other as herein provided. Disbursements of public money. SEC. 25. Be it further enacted, That the mayor and council of the city of Kingston, be and is hereby authorized in its discretion to purchase, construct, erect, equip, maintain, operate or dispose of a system of waterworks in said city together with the necessary sites, ways, structures, canals, reservoirs, etc., for conveying water, and shall be authorized to lay pipes and conduits through said city and through the county of Bartow; to bore wells, erect dams for the purpose of obtaining water, and shall have the right to use any stream or streams of water in said county which may be deemed necessary, appropriate or convenient for that purpose, and shall be authorized to condemn land any where in said county that may be necessary for carrying out the purpose of this Section. The condemnation proceedings to be conducted in the same manner as now provided for condemning land by Sections 4657 to 4686 inclusive, of the Code of the State of Georgia, and shall be authorized to supply all persons in said city or contiguous thereto with water and to make charges for the same and generally shall be empowered to do all things as may be necessary, expedient or proper to carry into effect the purpose of this Section. Waterworks. SEC. 26. Be it further enacted, That the mayor and council of the city of Kingston shall be and are empowered and authorized to purchase, lease, construct, equip, operate, maintain or dispose of all electric lighting or gas lighting systems, and plant or plants or any other system of lighting that may be deemed advisable from time to time in said city and to furnish lights or electric power to any person or

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persons in said city and to make charge for same, and generally shall be authorized to do and perform any and all things that may be proper or necessary to carry into effect the purpose of this Section. Lights. SEC. 27. Be it further enacted, That the mayor and council of said city whenever they deem it proper and expedient call an election for the issuing of bonds for the establishing of either a waterworks system as above specified, or a lighting plant as above specified, said election to be held and said bonds to be issued under the provisions of the general law of force in this State as is provided for and set out in Sections 377, 378, 379 and 380, of the Political Code of 1895, and all amendments made thereto by the Legislature of this State. Elections for waterworks, lighting plant. SEC. 28. Be it further enacted, That the mayor and council of said city shall not erect, establish, build, operate or maintain a waterworks system or lighting plant in said city until the question of the building or operating of the same has been submitted to the qualified voters of said city under the rules and regulations and qualifications of holding elections and voting as herein prescribed in which if a majority of the votes cast at such election shall be in favor of establishing a waterworks system or lighting plant as set out and specified in Sections 24 and 25, of this Act, then said mayor and council shall proceed to establish said waterworks, or lighting plant according to the specifications set out in said Section. Election, how held. SEC. 29. Be it further enacted, That all the laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved August 15, 1910.

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KIRKWOOD, TOWN OF, NEW CHARTER. No. 553. An Act to incorporate the town of Kirkwood, 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 re-establish and extend its corporate limits; to authorize the issuance of bonds for waterworks and sewers; to repeal all conflicting laws, and to supersede all prior Acts or orders of incorporation or amendment, 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 and approval of this Act, the inhabitants of the territory now embraced in the corporate limits of the town of Kirkwood in the county of DeKalb and State of Georgia, be and they are hereby incorporated under the name and style of the Town of Kirkwood, and the said town of Kirkwood is hereby chartered and continued a town under the corporate name of the Town of Kirkwood, 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 Kirkwood shall be, and are, hereby vested in said town of Kirkwood, as created and reincorporated by this Act; the said town of Kirkwood 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,

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through its mayor and council all such ordinances, by-laws, rules, regulations and restrictions for the transaction of its business and 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. Kirkwood, town of, corporate powers. And the said town of Kirkwood 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 whatsover kind within or without the limits of said town for corporate purposes. Said town of Kirkwood 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 Kirkwood, its mayor and council, as a body corporate, as heretofore, and in previous Acts or court orders incorporated. CORPORATE LIMITS. SEC. 2. Be it further enacted, That the corporate limits of the town of Kirkwood, as defined and established under the original charter of said town granted by the Superior Court of DeKalb county at the March term 1904, thereof as shown on the minutes of said court, and as amended and added to in the Act of the General Assembly approved August 14, 1908, together with that additional territory included within the following boundaries, to-wit: Beginning at a stake on the present limits of said town, two hundred (200) feet East of the Walker branch, one hundred and fifty (150) feet South of Fair street, and running thence due South three hundred and fifty (350) feet

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to a stake; thence due West to a stake five hundred (500) feet South of Fair street, opposite Clay street; thence North three hundred and fifty (350) feet to the present West line of said town, 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 interest of the town to do so, not oftener than once in two years. Wards. MAYOR AND COUNCIL. SEC. 4. Be it further enacted, That the municipal government of said town of Kirkwood shall be and is hereby vested in a mayor and six councilmen. That the present mayor and the present councilmen of said town, shall continue in the offices to which they were elected until the first Monday in January, 1911, 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 Kirkwood. Mayor and council. SEC. 5. Be it further enacted, That on the first Wednesday in December 1910, there shall be elected for said town,

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by the qualified voters therein, by ballot, a mayor and two councilmen from each of the three wards directed to be created hereunder. One of the councilmen from each ward so elected shall hold office for one year and the other for two years, or until their successors are elected and qualified, and after the expiration of the term of the councilmen first elected hereunder on the first Wednesday in December 1910, the terms of all councilmen shall be for two years or until their successors are elected and qualified. The term of office of the mayor first elected hereunder, and of his successors shall be for two years or until his successor is elected and qualified. At the first election for councilmen hereunder provided for as above, the voters shall indicate on their ballots their choice for the one and two year terms respectively. On the first Wednesday in December 1911, there shall be elected for said town by the qualified voters therein, one councilman from each of the three wards whose term of office shall be for two years and until their successors are elected and qualified, and on the first Wednesday in December 1912, there shall be elected a mayor, and also 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. The successors of the above officials 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 the voters of said town irrespective 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 and on general tickets. 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. On the first Monday in January after their election the

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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 Kirkwood 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 called meetings as the business of the town may require, to be convened as provided by ordinance. 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 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, or if none such then in the newspaper in said county of DeKalb carrying the sheriff's advertisements: and such election shall be held, returns made and results declared in the same manner as in the regular election for mayor and councilmen as hereinafter prescribed; provided, that in case such vacancy or vacancies occur within sixty days preceding the regular municipal election in said town, then, in that event, the said vacancy or vacancies, may be filled by the

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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. 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. Election of mayor and council. Oath of Office. Meetings. Vacancies. 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 Kirkwood, shall be managed by three free-holders, who shall be citizens of said town and freeholders therein, each of said managers before entering upon his 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. 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 precincts to be fixed by the mayor and council, one in each ward of said town, 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. Electors shall be allowed to vote only in the wards in which they severally

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reside. The persons receving the highest number of legal votes for the respective office 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. Municipal elections, how held. SEC. 7. Be it further enacted, That the said managers shall certify two lists of voters and two tally sheets, and shall place one list of voters and one tally sheet in the ballot 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, 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 an 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 cost, 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 an 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

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in said town or if none such, in the newspaper in said county carrying the sheriff's advertisements; 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 written 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 county. 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. List 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 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 in the ward in which they severally reside. Qualification of voters. 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 (Saturday and legal holidays excepted) until the Wednesday before the first Wednesday

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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 persons to register his name and color, recording on said book beside the applicant's name, his age, occupation or business and the street and ward in said town in 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 for six months and in Kirkwood for three months next preceding this registration, or that by date of 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 Kirkwood, and all taxes required by the laws of this State, except taxes for this year. So help you God. 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 furnish the managers of the election with a complete list of the registered voters, by wards, in alphabetical order, certified under his official signature and seal of office, at or before the polls are opened. The managers shall keep said list before them during the election and shall not permit any one to vote in said election whose

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name does not appear thereon, and then only in the ward in which he resides, 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 voters 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 lists as hereinbefore provided. Registration of voters. Notice of the opening of the registration book for all elections shall be given in such manner as the mayor 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 list 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 quailfied 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. 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 list, as made up and returned to it by the clerk, of all illegally registered voters or persons disqualified

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qualified 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. 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 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 turpitude, 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. Qualification 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

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oath. The mayor and council shall also, at said meeting, elect a city clerk and recorder, 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 other employees of said department whenever waterworks are established, and such other town officers as the mayor and council shall deem necessary in the government of said town, to be fixed by ordinance. The city clerk shall be ex-officio recorder of said town and shall preside over the recorder's court hereinafter created and discharge all the duties of trial judge, as hereinafter provided. 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 Kirkwood. 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 and qualified. The salary of the mayor shall be fixed by ordinance at the last meeting of the mayor and council to be held in 1910, and biennially thereafter, which said salary shall not be changed during the term for which a mayor is elected. Salaries, etc., of officers.

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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 pro tem. 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 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. 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 reason 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. 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 Kirkwood. 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

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and agents of said town faithfully and impartially discharge the duties required of them. 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 judgment it becomes necessary, and shall do so whenever requested by two councilmen in writing. 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. Mayor, duties and powers. 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

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to arrest the offender outside the corporate limits of said town, except in obedience to written warrant signed by the mayor, mayor pro tem. or recorder. 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 recorder. The mayor and council of said town shall have power and authority to authorize and empower the marshal or any police officer of said town to summon any or all by-standers 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, duties, etc. 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. RECORDER'S COURT. SEC. 16. Be it further enacted, That the recorder, or in his absence or disqualification, the mayor, or mayor pro

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tem, or in case of the absence or disqualification of the recorder, the mayor and 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 recorder's court, for the 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 recorder's 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 recorder, mayor, mayor pro tem or presiding councilman may direct, not to exceed sixty days; and one or more of these punishments may be inflicted by the recorder, mayor, mayor pro tem. or presiding councilman, in his discretion, and the fine imposed may be collected by execution. The recorder, mayor, mayor pro tem. or presiding councilman, as the case may be, shall have full authority and power in said recorder's 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 or bail them, if the offense is bailable by

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the justice of the peace to appear before the next Superior Court of DeKalb county. Recorder's court. SEC. 17. Be it further enacted, That the recorder, mayor, mayor pro tem. or the presiding councilman, when any person or persons are arraigned before the recorder's 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 to appear at the time fixed for trial the bond may be forfeited by the recorder, 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 bonds. CHAINGANGS. SEC. 18. Be it further enacted, That the mayor and council of said town of Kirkwood shall have power and authority to organize one or more chain or work gangs, and to confine persons therein who have been sentenced by the recorder's 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. 19. Be it further enacted, That the mayor and council shall at their first regular meeting in January,

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1911, 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 situated 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 solemnly swear that I will faithfully and impartially, without fear or favor, discharge the duties of tax assessor of the town of Kirkwood 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. TAX RETURNS. SEC. 20. 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

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in case of failure to make a true and full return thereof at cash market valuation, 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. 21. 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 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 due not later than October 15, of each year. TAXES. SEC. 22. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the town of Kirkwood, 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

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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 ad valorem 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 for neglect or refusal to comply with the same, as elsewhere provided in this Act. Taxation. LICENSES AND OCCUPATION TAXES. SEC. 23. 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 amount as the mayor and council shall prescribe by ordinance not

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to exceed twenty-five dollars for any one calling; 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 Kirkwood, its mayor and council, or any official therein to give or grant any license, to conduct or carry on any business, advocation 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 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 spirituous, 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. Special taxes. SEC. 24. 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

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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. Licenses. SEC. 25. 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, company or corporation running or operating a flying-jenny, flying-horse 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. 26. 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

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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 ordinances. 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 manufactered, 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 for sale or 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 offenders as may be prescribed by ordinance. Intoxicants. SANITARY TAX. SEC. 27. 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

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thereof, in the same manner as is provided in this charter for the collection of other town assessments or taxes. The sanitary 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 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. 28. Be it further enacted, That the mayor and council of said town shall have power and authority to require and compel and make persons between the ages of nineteen 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 three 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 a violation of this Section, and on conviction in the recorder's 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 and for the collection of such tax. Street tax.

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DOG TAX. SEC. 29. 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. BONDED INDEBTEDNESS. SEC. 30. Be it further enacted, That the issue of bonds in the sum of six thousand dollars for the purpose of building schoolhouses for said town of Kirkwood, under the Act of the General Assembly approved August 8, 1905, be and the same are hereby confirmed as legal bonds of said town of Kirkwood as reincorporated by this Act, and the legal debt of said town, and the mayor and council 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 said bonds as they fall due, in accordance with the Act authorizing and the terms upon which they were issued, and the said mayor and council shall manage the sinking fund for said bonds as provided in said Act of August 8, 1905. Bonded debt.

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TEMPORARY LOANS. SEC. 31. 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 Kirkwood, as may be provided by special resolution or ordinance for that purpose, to be passed at a regular 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, that said loans shall always become due and payable and be actually paid in full before December 31, of the year in which borrowed. Temporary loans. STREETS AND SIDEWALKS. SEC. 32. 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 of the use thereof 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 lands to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in Section 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

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upon payment of accrued costs. The mayor and councilmen shall have full power and authority to remove or cause to be removed, any building, step, 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. The mayor and council shall have full and complete power to alter, change or reestablish the grade of any street or sidewalk, crossing, or of any of any street or sidewalk, now or hereafter opened or laid out in said town, and to order and compel compliance therewith and observance thereof, by any street railroad company occupying, or using, or crossing such streets or sidewalks or any part thereof. Control of streets, etc. SEC. 33. 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 thereof, 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 road way or street proper, on the real estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate

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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, grading or otherwise improving such street between their said tracks and for two feet on each side thereof, or in 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, provided 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 or walk 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

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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 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 issued is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid 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, and subject to all the penalties provided by law in cases for illegality for delay. The liens 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 liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Street improvements. OBSTRUCTION IN SIDEWALKS AND STREETS AND TRAVEL THEREON. SEC. 34. 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

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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 throughs 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 reasonable location designated by the mayor and council, and in case such company shall fail to remove the same to any location designated by the mayor and council and in case such company shall fail 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 punish violations of such rules, regulations 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. Obstructions in streets.

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SEC. 35. 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 public crossings for pedestrians or vehicles over or across their several roads whenever and in such manner as said mayor and council shall deem necessary; to make or repair such crossings, or to open or keep open any street in said town crossing them; to conform their tracks to the established grades of streets or crossings, as may be now or are hereafter opened, laid out or obstructed, 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 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 railroads or street railroad, and may issue execution therefor and levy and collect the same as in the case of tax executions. Railroad crossings. SEC. 36. 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 or conditions as they may fix by ordinances. 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 it is desired, the terms upon

Page 829

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, or if none such, then in the newspaper in said county carrying the sheriff's advertisements. Franchises. SEC. 37. 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 sewerage matter, and in their discretion to assess a sum of not more than fifty cents per lineal foot for the 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 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 may be assessed upon such abutting property on each side of said sewer, for every lineal foot, making in all not 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 may 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

Page 830

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 owners and the authorities of said town can not 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. Sewerage. SEC. 38. 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

Page 831

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, control and repair of sewers and sewer connections, and replacing pavement and other adjacent structures in good 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 situated on street corners and having frontage on both streets, such property may be assessed only for the abutting frontage on the street on which the sewer is first laid in the other street, two hundred feet of said frontage thereon shall be exempt from assessment thereon. Sewer connections. SEC. 39. 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. Executive committees, etc. SEC. 40. 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

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ordinance the kind of water closets and urinals or privies which shall be used within the corporate limits, and shall have the power 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 case of sewer assessments. Sanitation. SEDC. 41. 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

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the requirements of 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 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. Nuisances. SEC. 42. 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 recorder's 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. Abatement of nuisances. WATERWORKS SYSTEM, WATER AND SEWER BONDS. SEC. 43. Be it further enacted, That the mayor and council of said town shall have full power and authority to construct, maintain and operate a system of waterworks for said town, and to that end shall have power and authority to acquire by gift, purchase or condemnation proceedings

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under the general laws of this State, all necessary lands, easements, rights of way, franchises, water rights and water supplies and also all lands, easements and franchises, necessary for the water basin or water shed from which the public water supply may be obtained, or for the protection thereof, whether within or without the incorporate limits. The said mayor and council shall have the right, easement and franchise of laying the necessary mains, pipes, conduits or drains for waterworks and sewer purposes along the public highways of DeKalb county free of charge by the county, under the supervision of the county authorities, and over and across and under the lands of persons and corpoations, upon payment of a just condemnation sum first agreed upon, or assessed as provided in Chapter 9, of Volume 2, of the Code of 1895, of Georgia and the Acts amendatory thereof. The said waterworks system, and any system of sewers also authorized in this Act, may in the discretion of the mayor and council, be constructed wholly or in part, either or both, by taxation or the issue and sale by said town of bonds or other evidences of indebtedness to be authorized and issued under terms of the Constitution and the general laws of this State as to creating of any bonded indebtedness by municipalities. The said mayor and council shall have full power and authority to enact and enforce such rules, regulations, ordinances and by-laws as may be necessary to protect said waterworks system and sewer system, and every part of each, as also the water basin and water shed from which the public water supply is taken, whether within or without the incorporate limits, and to have and to exercise the right to police said systems and all their parts and said basin and shed, whether within or without the corporate limits, and to fully protect and guard the same and every part thereof. The said mayor and

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council shall have full power and authority to make, pass and enforce any and all necessary rules, regulations, ordinances or by-laws as to the use of water from said system and to fix all charges therefor and collect the same. The marshal and police officers of said town shall have authority to arrest any person or persons violating any ordinance of said town in reference to its water supply, water basin, water shed or waterworks system or sewer system, whenever found, within or without the corporate limits of said town and to carry such person or persons before the recorder's court of said town for trial. Waterworks; bonds for water and sewers. PUBLIC SCHOOLS. SEC. 44. Be it further enacted, That the public school system now in operation in the town of Kirkwood, established under an Act of the General Assembly, approved August 8th, 1905, To authorize the town of Kirkwood to provide a system of public schools, etc., be and the same is hereby continued under this Act. And the board of education established under said Act of 1905, is continued hereunder, the successors to the present members of said board to be elected as their terms expire, in accordance with the provisions of said Act. 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.

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The members of said board shall not receive compensation. They shall elect such officers from their number as they may 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. 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 now 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 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 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 Kirkwood. 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

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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 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 except 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, with said sum shall be sufficient to support and maintain said school system and efficiently operate the school 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

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make, which said report or so much thereof as the mayor and council shall order, shall be published in some newspaper published in said town, or if none such, then in such other paper as the mayor and council may select. All children in said town between the ages of six and eighteen years of age whose parents or guardians are 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. 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 rate 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. Public schools. SEC. 45. Be it further enacted, That the revenues received by the town of Kirkwood, 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. 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. 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

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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. No part of said school funds shall be used for any other purposes than in the support and maintenence 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. School funds. FIRE PROTECTION. SEC. 46. 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 stovepipes 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 conflagation. They shall also have power and authority to order any changes in the construction or arrangements of chimneys, stovepipes 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

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in case of collecting other costs due said town. 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. The mayor and council shall have power to regulate, control or forbid as a public nuisance, the establishment, location or operation, within said town, of any fertilizer factory, planing mill or other manufacturing establishment, shop or business, the conduct, establishment or operation of which disturbs or interferes with the peace, comfort or health of citizens of said town or is calculated to damage or depreciate property for residential purposes. Fire limits. SEC. 47. Be it further enacted, That it shall be the duty of the mayor and council of said town to provide such fire protection therefor whenever, and 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. 48. 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,

Page 841

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. Explosives, etc. TOWN PHYSICIAN. SEC. 49. 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. Town physician. CONTAGIOUS AND INFECTIOUS DISEASES. SEC. 50. Be it further enacted, That the mayor and council shall have power and authority to make and enforce all ordiances 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 and regulations. They shall have power to build or establish or maintain and exercise police powers over a pest house within or outside of said town limits, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings within or beyond said town limits. They shall have power to compel the removal to the pest house of any

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person or persons who have smallpox or other contagious or infectious diseases, when in their wise and human 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 sojourners 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, and may by ordinance provide for persons failing or refusing to be vaccinated. Quarantine. CEMETERY. SEC. 51. Be it further enacted, That the mayor and council may acquire by gift, purchase or otherwise land for a town cemetery and establish such thereon, within or without the corporate limits, and the government, control, management and protection thereof, as it may be located or any enlargement or extension of the limits thereof, by purchase, gift or otherwise, and the disposition of all lots therein, shall be vested exclusively in the mayor and council of said town of Kirkwood, 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 cemetery, whether within or without the corporate limits of said town. Cemetery. PUBLIC PARKS. SEC. 52. 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

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town of Kirkwood, 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 and keep the same in order. They shall have power and authority to provide such rules, regulations and ordinances for the government of the same and of the public who frequent them, as they may deem wise or necessary. Public parks. SHADE TREES. SEC. 53. 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 linemen 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 or safety. Shade trees. DISTURBANCES OF CHURCHES, COLLEGES, SCHOOLS AND IDLING ON STREETS. SEC. 54. 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 within said town, and to prohibit

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loitering or idling in or about the same or the grounds thereof; or any other conduct in or about the same tending to annoy 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 streets, sidewalks, alleys or public places or buildings or vacant property within said town or in or about or near any residence therein. Disorderly conduct. PUBLIC MORALS, ETC. SEC. 55. Be it further enacted, That the mayor and council of Kirkwood 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. 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. Lewd houses and gambling places.

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RUNNING AT LARGE OF DOMESTIC ANIMALS. SEC. 56. 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 be kept therein, in the mayor and council's discretion, to 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 fee 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 may prescribe by ordinance. Stock law CRIMINAL WARRANTS, ARRESTS, ETC. SEC. 57. Be it further enacted, That should any person violating any of the ordinances of said town flee from the jurisdiction thereof he or she may be apprehended and arrested, wherever found in the State, and the warrants of the recorder, 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

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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 hereinbefore 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 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, etc. SALES UNDER EXECUTIONS, ETC. SEC. 58. Be it further enacted, That said mayor and council shall by ordinance provide for the form of all accusations, 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 constable's sales of personal property are required by law to be made. Any sales thereunder shall be made at the place

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and within the usual hours of sheriff's and constable's 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. Whatever at any such sales for taxes due no one present shall bid for the property put up for sale as much as the amount of such execution 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 for said town, and the marshal or such other officer making the sale, shall make the town of Kirkwood, 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 to the highest bidder in the manner to be prescribed by the ordinance 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

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sale shall have the same power as sheriffs to put purchasers of property sold by them in possession. Collection of taxes, etc. SEC. 59. 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 or conduct and business of any officer or office in said town, and 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 the 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, etc. SEC. 60. 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 argument 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. Disbursements. MALPRACTICE OR OFFICIAL NEGLECT. SEC. 61. Be it further enacted, That in case the mayor, or any councilman, while in office shall be guilty of malpractice

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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. Malfeasance and neglect. SEC. 62. Be it further enacted, That it shall not be lawful for any official of said town of Kirkwood to be interested directly or indirectly in any transaction with, sale to, work for or contract of the town of Kirkwood or any department of Government or service of said town, involving the expenditures of any public funds of said town. Any violation of this Section by the mayor or any councilman, or other officer of said town, shall on conviction thereof be punished, as a misdemeanor under the Code of Georgia, 1895. Graft prohibited. SEC. 63. Be it further enacted, That after 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 new 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 coming 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 and authorized by the mayor and council to the end of the preceding month chargeable against the estimated income for that year. Financial Statements. SEC. 64. Be it further enacted, That any of the officers of said town of Kirkwood who may be sued for any Act or

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thing 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 or council or other officers of said town, or either of them, under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Protection of officers. SEC. 65. Be it further enacted, That the mayor and council of said town of Kirkwood 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. 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 the 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. General welfare. SEC. 66. Be it further enacted, That all ordinances, by-laws, rules and regulations heretofore adopted by the mayor and council of the town of Kirkwood which are now in force and not inconsistent with nor repugnant to any

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provision 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. SEC. 67. Be it further enacted, That authority to carry out and effectuate by ordinances, and to provide 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 Kirkwood, 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. Corporate powers. SEC. 68. Be it further enacted, That all Superior Court orders and Acts of the General Assembly heretofore passed incorporating the town of Kirkwood and conferring powers on the same are hereby consolidated into and superseded by this Act, and all provisions of former Acts and orders 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 15, 1910. KITE, TOWN OF, CHARTER AMENDED. An Act to amend the charter of the town of Kite, and for other purposes. SECTION 1. Be it enacted by General Assembly of Georgia and it is hereby enacted by authority of the same, That the charter of the town of Kite, in the county of Johnson, be and the same is hereby amended in the following respects:

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That instead of the corporate limits designated in the prior Act of the General Assembly incorporating said town, the following shall, on and after the passage of this Act, be the corporate limits of said town, to-wit: Commencing at the run of Halton Creek and running north twelve and one-half degrees east 44 chains and cornering, and then running north eighty-two degrees east 50 chains to Battle Ground Creek and thence down said creek to where it empties into the Ohoopee River; then down the run of the Ohoopee River to Oak Corner near the bridge on public road; then north eighty-seven degrees west to Sweetgum Corner (7 chains); then south twelve degrees east 24 chains and 50 links to Maple Corner; then south sixty-one degrees west 33 chains to Gum Corner on run of Holton Creek (3 chains, 80 links above bridge on public road) then up run of Holton Creek to point of beginning. Kite, town of, Corporate limits. SEC. 2. Be it further enacted, That said town shall have the authority to issue bonds for educational purposes, for the erection and maintenance of waterworks or electric light systems and for other municipal purposes, upon their being authorized by vote of the people at a special election to be called and to be held in accordance with the provisions of p. 377-381 of the Political Code of 1895. Said town shall also have the power to call special elections for the purpose of submitting to the people of said town the question of authorizing the levy of local taxation for the support of schools and to provide such regulations therefor as shall not be inconsistent with the Constitution and general laws of this State on this subject. School bonds. SEC. 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 13, 1910.

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LAKE VIEW, TOWN OF, INCORPORATED. No. 550. An Act to incorporate the town of Lake View, in the county of DeKalb; to define the corporate limits thereof; to provide for election and appointment of officers for the same; to prescribe other powers and duties and the manner of their election; to provide for the levy and collection of taxes, 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 town of Lake View, in the county of DeKalb, State of Georgia, be and is hereby incorporated under the name of the town of Lake View. Lake View, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: Beginning at the southeast corner of the corporate limits of the town of Kirkwood as they stood prior to the present year, and running thence northeast and north along the eastern limits of said town to the southwest corner of the town of Oakhurst; thence east along the southern line of said town five hundred and fifty-three (553) feet; thence north along the line of said town eighteen hundred and sixty-nine (1869) feet; thence northeast along the line of said town nine hundred and eighty-two (982) feet; thence east along the line of said town to the southeast corner of said town in the center of McKay street; thence south along the center of McKay street to the center of Hill street; thence east along the center of Hill street to a point in said Hill street in line with and being an extension of the boundary

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line between the lands of the Atlanta Suburban Land Corporation and Charles Benson, thence southward 'till it reaches said dividing line, thence continuing along said line and a southward extension thereof until it reaches the north side of the Boulevard DeKalb as now located, defined and worked out, thence west along the north side of said Boulevard DeKalb 'till it reaches the eastern line of the Lide property, thence south along Lide's eastern line to the corporate limits of the town of East Lake as defined by the charter of said town enacted by the present General Assembly, thence westward following the line of East Lake until it reaches Skiff avenue and Fain street, thence west along Fair street to the beginning point. Provided, however, that when the line running eastward to McKay street reaches the lot belonging to Mrs. Mattie A. Dukes, it shall vary to the north so as to include the whole of said lot in the town of East End. Corporate limits. SEC. 3. Be it further enacted, That the municipal authorities of said town shall be a mayor and four councilmen, who shall have the authority to elect a marshal, tax assessors, clerk and such officers needful for the good order, government and welfare of such town, and to prescribe the duties and compensation of such officers. Municipal officers. SEC. 4. Be it further enacted, That from and after the passage of this Act, Sam M. Knox of said town be, and is hereby appointed and constituted mayor of said town, and shall serve two years from the first meeting of council in January, 1911, or until his successor is elected and qualified, and J. P. Hunter and R. C. Boone be, and they are hereby appointed councilmen of said town, and shall serve as such one year from the first meeting of council in January, 1911, or until their successors are elected and qualified, and that

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B. R. Mountcastle and John W. Jones, all of said town, be, and they are, hereby appointed councilmen of said town, and shall serve as such two years from the first council meeting in January, 1911, or until their successors are elected and qualified. Mayor and councilmen, appointed. SEC. 5. Be it further enacted, That on the first Saturday in December, 1911, and annually thereafter on the same day, an election shall be held in said town to elect two councilmen, who shall serve two years each, or until their successors are elected and qualified, and on the same day beginning on the first Saturday in December, 1912, and biennially thereafter, at the same time and place of electing councilmen, a mayor shall be elected to serve two years from the time of the first meeting of the mayor and councilmen in January following his election. All elections for mayor and councilmen in said town shall be held under supervision, rules and regulations prescribed by the mayor and council, provided, they are not inconsistent with the laws governing county elections. Newly elected officers shall take the prescribed oath and assume their duties at the first meeting of council in January following their election. Election of mayor and councilmen. SEC. 6. Be it further enacted, That all male inhabitants of said town, who have been bona fide residents thereof for six months preceding an election held therein and who are qualified to vote for county and State House officers, and members of the General Assembly, shall be qualified to vote in such elections. No person except male inhabitants who shall have been bona fide residents of said town for six months preceding the date of the election shall be eligible to hold any office within said town, either appointive or elective. Voters.

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SEC. 7. Be it further enacted, That the mayor and councilmen and such other officers of said town as are herein provided for, before entering upon the duties of their respective offices, shall take and prescribe the following oath, which may be administered by any officer authorized by the Code of Georgia to administer oaths: I do solemnly swear (or affirm) that I will faithfully discharge all duties incumbent upon me as mayor (or councilmen, or other officers) of the town of Lake View, according to the best of my ability, so help me God. Said oath, together with the certificate of the officer administering the same, shall be filed with the officer entrusted with the records of said town. Official oath. SEC. 8. Be it further enacted, That the council of said town shall have power therein to provide for a commutation street tax on all male citizens within the corporate limits of the town, who are subject to road duty under the State laws, providing the same shall not exceed two ($2.00) dollars per year for each person subject under this Section, and to provide for the annual assessment of taxable property therein, which in no event shall be greater than one-fourth () of one (1) per cent. of the value of taxable property; to adopt rules for the government and regulation of its own body. The council shall have power to make and pass all needful orders, ordinances and by-laws, not contrary to the Constitution and laws of Georgia to carry into effect the foregoing powers, and all others conferred upon said town, and to this end may prescribe, impose and enact reasonable fines, penalties and imprisonment of offenders in the town prison, or work on street, provided, said fines shall not exceed fifty ($50.00) dollars and said imprisonment, of work on the streets shall not

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exceed thirty days. That the mayor of said town shall be the chief executive officer thereof; he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he shall have power to issue executions against all delinguent tax payers, and may try and imprison or fine all offenders against the ordinances of said town as hereinbefore provided, and shall fill all vacancies of officers by appointment. Taxation Municipal powers. SEC. 9. Be it further enacted, That nothing in this Act shall be construed as to interfere in any way with the boundaries or operation of the present Lake View school district, or any other school district that may hereafter be created by the board of education of said county. School district. 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 15, 1910. LAVONIA, CITY OF, PRO RATA PART OF STATE SCHOOL FUNDS. No. 363. An Act to amend an Act entitled an Act to authorize the city of Lavonia to establish and maintain a system of public schools, approved August 8, 1908, Acts 1908, Page, so as to require the State School Commissioner to pay to the Board of Education of the city of Lavonia, the pro rata part of the State school fund to

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which said city of Lavonia is entitled, to provide for the taking of a school census, 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, an Act providing for the establishment and maintenance of a system of public schools for the city of Lavonia, approved August 8, 1908, be and the same is hereby amended by striking from said Act, all of Section eleven of the same, and inserting in lieu thereof the following: Section 11. Be it further enacted, That the State School Commissioner shall pay over to the board of education of Lavonia the pro rata part of the State school fund to which said city of Lavonia is entitled, immediately upon the passage of this Act. The board of education of the city of Lavonia shall cause a census of the children of school age in said city 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 such 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 said city of Lavonia is entitled. Lavonia, city of, pro rata share of State school fund. 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 5, 1910.

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LESLIE, TOWN OF, CHARTER AMENDED. No. 298. An Act to amend the Act incorporating the town of Leslie, Sumter county, Ga., approved December 22, 1892, and an Act amendatory thereof, approved August 23, 1905, so as to extend the corporate limits from one-half to three-fourths of a mile. To give the mayor and town council of Leslie complete control over its streets and sidewalks. Authorizing the mayor and town council of Leslie to grant franchises 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 Section one of the Act approved August 23, 1905, amending the Act incorporating the town of Leslie, Sumter county, Ga., approved December 22, 1892, be and the same is hereby amended by striking from said Section one of said Act approved August 23, 1905. Leslie, town of, corporate limits. SEC. 2. Be it further enacted by authority aforesaid, That said Act approved December 22, 1892, entitled an Act incorporating the town of Leslie, be and the same is hereby amended by adding an additional new Section to said Act as follows: Section 30. Be it further enacted by authority aforesaid, That the mayor and town council of Leslie shall have full and complete power and authority over the streets and sidewalks of said town of Leslie, and shall have the right and authority to give, grant and sell franchises for the purpose of allowing said streets or sidewalks to be used and occupied by persons, firms or corporations on such terms and conditions as the mayor and town council

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of Leslie may in their judgment and discretion consider to be to the best interest of said town of Leslie. Control of streets. SEC. 3. Be it further enacted and it is hereby enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 15, 1910. LEXINGTON, TOWN OF, CHARTER AMENDED. No. 380. An Act to amend an Act to incorporate the city of Lexington, Oglethorpe county; change the name of the town of Lexington in the county of Oglethorpe to the city of Lexington; to provide that all valid contracts heretofore entered into by the town of Lexington shall be good and valid for or against the city of Lexington; to provide that all property now held and owned by the town of Lexington shall be and become the right and property of the city of Lexington and that all rights and liabilities of the town of Lexington shall accrue to and against the city of Lexington; to provide that all laws and ordinances of the town of Lexington not in conflict with this charter shall be valid and enforceable as laws and ordinances of the city of Lexington and provide municipal government therefor and to grant a charter to said city under the corporate name of the city of Lexington and for other purposes so that the said Act when amended shall limit the incorporate limits of said city in conformity to a plat of said city made by M. S.

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Weaver on July 13, 1910, and recorded in the clerk's office of the Superior Court of Oglethorpe county and on the minutes of the council of the city of Lexington, and so that anyone shall be eligible to the marshalship of said city without any limit as to the time of residence in said city. 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 3, of said Act is hereby amended by striking after the word within and before the word and in the line of said Section and inserting in lieu thereof the words the limits of a plat and survey of said city made by M. S. Weaver, county surveyor on July 13, 1910, and recorded in the clerk's office of the Superior Court of Oglethorpe county in deed book L. L. folio 25, and upon the minutes of the recorder of said city, so that said Section when amended shall read as follows: Lexington, town of. SEC. 3. That the limits of said city of Lexington shall include all the territory within the limits of a plat and survey of said city made by M. S. Weaver, county surveyor on July 13, 1910, and recorded in the clerk's office of the Superior Court of Oglethorpe county in deed book L. L. folio 25, on the 18th, day of July, 1910, and also upon the minutes of the Recorder of said city and the mayor and councilmen shall be empowered and authorized in their discretion to divide said city into wards and the mayor and councilmen hereafter to be elected as now provided by the charter of the town of Lexington. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That Section 10, of said Act is hereby amended by

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striking after the word have and before the word that in the Line of said Section the words but that no person shall be eligible to the office of regular marshal or policeman unless he shall have resided in said city at least six months preceding his appointment, so that said Section when amended shall read as follows: SEC. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal of said city who shall be elected by the mayor and councilmen in a manner to be selected by them and for such terms of office as they may deem fit; to levy all executions in favor of said city and to advertise and sell the property levied on in accordance with the laws governing sheriff sales in this State; have the same power and make deeds and place the purchaser in possession as the sheriffs of this State have; that before entering upon the discharge of his duties all regular marshals shall enter into such bonds as the mayor and councilmen may see fit to prescribe, provided, the amount of said bond shall not exceed one thousand dollars and take an oath to well and truly perform their duties of the office without fear, favor, or affection. Marshal, duties of. 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, 1910.

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LILBURN, TOWN OF, INCORPORATED. No. 307. An Act to incorporate the town of Lilburn, in the county of Gwinnett; to provide for a mayor and councilmen and other officers; to prescribe their duties; to provide for the enacting of all necessary ordinances; to provide for penalties for the violation of the same, and for other purposes. SECTION. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That on and after the passage of this Act the town of Lilburn, in the county of Gwinnett, be, and is, hereby incorporated as a town, under the name of the town of Lilburn. Lilburn, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Lilburn shall be three-eights of a mile in every direction from the present site of the court house of the 405th, militia district, known as Berkshire district, said courthouse being the central point of said town, and the said corporate limits to be laid out in a round circle, under the direction and authority of the mayor and councilmen of said town. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal authorities of said town shall be a mayor and four councilmen, who are hereby constituted a body corporate by the name of the town of Lilburn, and by said name may sue and be sued, plead and be impleaded, purchase and hold real estate necessary to enable them to better discharge their duties, and needful for the good

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order, government and welfare of said town, and by said name shall also have perpetual succession. Mayor and councilmen, corporate powers. SEC. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, that W. A. Carroll, of said town, be, and he is, hereby appointed and constituted mayor of said town, and T. F. Brownlee, Dr. H. T. Dickens, W. H. Massey and J. S. Young, all of said town, be, and they are, hereby appointed and constituted councilmen of said town, the said mayor and councilmen to hold their respective offices until their successors in office are duly elected and qualified, as hereinafter provided. Mayor and councilmen, appointed. SEC. 5. Be it further enacted, That on the First Saturday in December, 1910, and annually thereafter on the same day, and in the same month, an election shall be held in said town for a mayor and two councilmen thereof, said election to be under such supervision, rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe. On the first election under this charter, to-wit: On the first Saturday in December, 1910, two councilmen shall be elected to fill the positions of W. H. Massey and J. S. Young to hold for two years, and at the next election, to-wit: on the first Saturday in December, 1911, two councilmen shall be elected to fill the positions of T. F. Brownlee and Dr. H. T. Dickens, so that the terms of two of the councilmen of said town shall expire at different times from the other two, the purpose being to elect a mayor annually, as well as two councilmen at each said mayors election, to hold for two years, and so that at all times two old members of council will be kept thereon. Election of mayor and councilmen.

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SEC. 6. Be it further enacted, That all persons who have been bona fide residents of said town for thirty days next preceding an election held therein, and who are qualified to vote for members of the General Assembly, shall be allowed to vote at any election held in said town. Voters. SEC. 7. Be it further enacted, That the mayor and councilmen, and such other officers of said town as are hereinafter provided for, shall, after election, or appointment to his office, and before he shall enter upon the discharge of the duties thereof take and subscribe the following oath (which oath may be administered by any officer authorized by the Code of Georgia to administer oaths.) I do solemnly swear or affirm that I will faithfully discharge all duties incumbent upon me as mayor, councilman, or other officer of the town of Lilburn, according to the best of my ability. So help me God. Said oath, with the certificate of the officer administering same, shall be filed with the officer entrusted with records of said town. Official oath. SEC. 8. Be it further enacted, That the mayor and councilmen shall have power and authority to elect such marshals, clerks and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the duties and compensation of such officers, and require of them such bonds as they may deem necessary, payable to said town in its corporate name. Municipal officers. SEC. 9. Be it further enacted, That the council of said town together with the mayor, shall have power therein to lay off, close, open and keep in order and repair roads, streets and sidewalks for the use of the public, or any citizen thereof; to prevent injury or annoyance to the public

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or individuals from any thing dangerous or unwholesome; to protect places of divine worship in and about the premises where held; to abate or cause to be abated any thing which in the opinion of the whole council shall be a nuisance; to protect the person and property 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 provide for the annual assessment of taxable property therein, which in no event shall be greater than one-half of one per cent of the value of the taxable property; to provide and adopt rules and regulations for the government of its own body. They shall have power to make and pass all needful orders, ordinances and by-laws not contrary to the Constitution and the laws of Georgia and of the United States; to carry into effect the foregoing enumerated powers, and all others conferred upon said town, and to this end may prescribe, impose and enact reasonable fines, penalties and imprisonments in the town jail, if there be one, for a term o fnot exceeding twenty days. Corporate powers. SEC. 10. Be it further enacted, That the said town shall have the power and right, through its mayor and councilmen to organize work gangs and to confine at labor therein for a term not exceeding twenty days persons convicted of violating the ordinances of said town; provided, that said penalty shall be inflicted only as in alternative for failure or refusal to pay fine imposed for such violation. Chaingang. SEC. 11. Be it further enacted, That the mayor of said town shall have the power and authority to bind over or commit to jail offenders against any criminal laws of

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Georgia, whenever in the course of investigation before him a proper case is made out by evidence. Mayor, power of. SEC. 12. Be it further enacted, That said mayor and councilmen shall have the power to elect a mayor pro tem, who shall perform the duties of the mayor when from any cause he can not be present to perform the duties of his office; also to fill any vacancy that may occur in the office of mayor or councilmen, or any subordinate office of said town. Mayor pro tem. SEC. 13. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof, he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed, he shall have control of the police of said town, and may appoint special police when he may deem it necessary, he shall have the power to hold his police court for the trial of offenders of the ordinances of said town at any time he may fix, 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 imprison the offender or sentence him to a term of not exceeding twenty days in the work gang as hereinbefore provided. Executive powers of mayor. SEC. 14. Be it further enacted, That said corporation shall have and enjoy all the rights, power, privileges incedent to such corporations, and not repugnant to the Constitution and laws of the United States and of this State. General powers. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved July 27, 1910.

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LITHONIA, TOWN OF, CHARTER AMENDED. No. 365. An Act to amend the second Section of an Act creating a new charter for the town of Lithonia, in DeKalb county, approved December 20, 1890, 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 power upon the mayor and town council of Lithonia, and for other purposes, so as to enlarge the corporate limits of said town; provided, said extension is separately voted for by the persons now in the town, and by those to be included therein by this Act. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act of the General Assembly approved December 20, 1890, 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 power upon the mayor and town council of Lithonia and for other purposes, be amended by striking from Line two of Section two, of said Act as printed in the Acts of 1890, the words one-half of, so that said Section as amended shall read as follows: Section two. That the corporate limits of said town shall extend one mile in every direction from the present depot site of the Georgia Railroad and Banking Company. Lithonia, town of, corporate limits. SEC. 2. Be it further enacted. That this amendment shall not become effective nor said corporate limits extended as herein provided until the mayor and council of

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said town of Lithonia shall by ordinance order and have made an accurate survey and marking out of the proposed extension of limits herein, and have a map of the same posted at the postoffice in said town, where the same may be inspected by the public, and thereupon and thereafter shall order and hold an election, on a day to be fixed by it, not less than twenty days after public notice is first given thereof, to be held under the laws governing municipal elections for said town, at which the questions to be submitted to the qualified voters within the present corporate limits, and to the qualified voters outside of the present corporate limits and within the proposed extension of limits, shall be For extension of corporate limits and Against extension of corporate limits. Two separate ballot boxes shall be provided for said election, in one of which shall be deposited the ballots of all persons voting who reside within the present corporate limits, and in the other the ballots of all persons residing outside of the present corporate limits and within the proposed extension of corporate limits. The ballots cast in each of said boxes shall be kept apart and separately counted and separate results declared. Should a majority of the votes in each ballot box be cast For extension of corporate limits, then and only then shall this Act become operative, and said corporate limits shall be extended as herein provided; otherwise the limits shall not be extended, but this Act shall be null and void and of no effect. Election to extend corporate limits. SEC. 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 5, 1910.

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LITHONIA, TOWN OF, PUBLIC SCHOOLS. No. 387. An Act to amend 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 purposes pertaining thereto, approved August 16, 1908, and to be found in the Acts of the General Assembly of Georgia of 1908, on Page 851, by striking certain Section of same, and inserting other matters in lieu thereof; to provide further duties for the Board of Education and to give them further powers; to authorize said board of education to collect the school fund due said town and school or school children from the State School Commissioner, and for other purposes. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That the Act of the General Assembly 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 purposes pertaining thereto, approved August 16, 1908, to be found in the Acts of the General Assembly of Georgia of 1908, on Page 851, be and the same is hereby amended as follows: That Section 7, of said Act be and the same is hereby stricken, and in lieu thereof the following Section shall be inserted: That it shall be the duty of said board of education to have prepared and furnished the State School Commissioner in each year in which the regular school census is taken by general law a list or census of all children between the ages of six and eighteen years residing

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in said town entitled to the State school fund, and said State School Commissioner shall pay over to said board of education such proportion of said educational fund as said children are entitled to under the rules of distribution, but the first census shall be taken in the year 1910. Lithonia, town of, pro rata share of State school fund. SEC. 2. Be it further enacted by the authority aforesaid, That the said board of education shall have and is hereby empowered with the authority to prescribe and fix tuition, matriculation, incidental or enterance fees into said schools for all children under and above the legal school age whose parents, guardians or natural protectors reside within or without the limits of the city of Lithonia; shall have power and authority to fix tuition, matriculation, entrance or incidental fees into said schools for all children of legal school age whose parents, guardians, or natural protectors reside beyond the limits of the city of Lithonia; shall have the power and authority to prescribe and establish such matriculation or incidental fees not in conflict with the laws of this State for all other children attending said schools in such amounts as the sound discretion of said Board of Education may dictate, which fee or fees shall be collected of by the Secretary and Treasurer of the Board of Education of said city at such time or times and in such manner as said Board of Education may in its by-laws, rules and regulations require, and that all funds so raised shall be placed to the credit of said school fund in the hands of said officer, and to be expended by said Board of Education in support and maintenance of said public schools as provided in this Act; shall have the authority to make such allowances and exceptions as said Board may deem best to those who, from poverty, are unable to pay the fees which may be required under this Section. Admission to schools.

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SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1910. LOUISVILLE, TOWN OF, PUBLIC SCHOOLS. No. 497. An Act to amend an Act to establish a public school system for the town of Louisville, Ga., approved Dec. 20th, 1893, and for other purposes. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same that from and after the passage of this Act, the Act of the Legislature approved Dec. 20th, 1893, being an Act to establish the public school system for the town of Louisville, Ga., and for other purposes, said Act being on page 431 of the Acts of 1893, be amended as follows, By striking out of the tenth line of the fifth Section of said Act, the words three-tenths and inserting in lieu thereof the words four-tenths so that when said Section is amended it will read as follows: Section 5. Be it further enacted, That the mayor and council of said town shall each year levy such tax upon all the property in said town subject to taxation as will be sufficient when added to the town's pro rata part of the State school fund to support and maintain said schools for at least nine scholastic months in each year, and shall collect the same at the same time that other taxes of said town are collected and pay over the same to

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said Board of Education, which fund shall be used by said Board of Education exclusively for the support and maintenance of the public schools herein provided for, or in providing buildings and furniture thereof; provided, however, that said tax shall not exceed four-tenths of one per cent. per annum upon said taxable property. Louisville, town of, school tax. 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, 1910. LOUISVILLE, TOWN OF, PUBLIC SCHOOLS. No. 498. An Act to amend an Act to establish a public school system for the town of Louisville, Georgia, approved December 20th, 1893, and for other purposes. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act of the Legislature to establish the public school system for the town of Louisville, Ga., said Act being on page 431 of the Acts of 1893, be amended as follows: By striking out of the third line of the tenth Section of said Act the words fifty cents, and inserting in lieu thereof one dollar, and by striking out of the fourth line of the said Section the word one and inserting in lieu thereof, the word two, so that said Section when amended will read as follows:

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Section 10. Be it further enacted, That said board may in their discretion prescribe incidental fees for the children who attend said schools, not to exceed the primary grade one dollar per month and in the high school grade two dollars per month, and said board shall prescribe when and how the same shall be paid, and with the exception of the payment of such fees as are by this Section provided, said schools shall be open free to all children entitled to the benefits of this Act for nine scholastic months in each year; provided, that the incidental fee in the primary grade shall not apply to children of legal school age whose parents or guardians reside within the limits prescribed by this bill during the regular scholastic year of the State schools. Louisville, town of, incidental fees in public school. 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, 1910. LUTHERSVILLE, TOWN OF, NEW CHARTER. No. 455. An Act to create a new charter for the town of Luthersville in the county of Meriwether, and to reincorporate said town, and declare and consolidate the rights and powers of said corporation; to define the corporate limits of said town of Luthersville; to provide for a mayor and council, and other officers for said town, and to prescribe the powers, duties, rights and liabilities of all officers

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of said town, and the manner of their election or appointment, and their removal from office; to provide for the retention of the present officers of the town of Luthersville, until the election of officers for the said town under this charter; to provide that all the ordinances, rules and regulations of the corporation of the town of Luthersville, not in conflict with this Act shall remain valid and enforceable as ordinances, rules and regulations of the town of Luthersville, incorporated by this Act, until the same are repealed or amended by the mayor and council of the town of Luthersville, to provide for streets and sidewalks, and the working and paving of the same, and the establishment and maintenance of parks and cemeteries; to authorize and empower the mayor and council of said town to purchase or build, establish, maintain and operate a system of public schools, waterworks, electric lights and sewerage for the town of Luthersville; to hold an election on a day specified, as now provided by law; to determine the question of creating a debt against said town by the issuance of bonds; to provide for the assessment, levying and collection of an ad varolem tax upon all property, both personal and real, for general purposes, and for the purpose of paying the principal and interest on said bonds; to authorize and provide for granting license and taxing all kinds of business, trades, professions, shows, exhibitions and entertainments: to provide for all matters of municipal concerns, 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 the authority of the same, That the town af Luthersville, heretofore

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incorporated under the laws of Georgia, shall from and after the passage of this Act be known by the corporate name of the Town of Luthersville and by that name be, and are hereby vested with all the rights, powers and privileges incident to municipal corporations; in this State; and the said town of Luthersville created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact through its board of aldermen, who shall compose the town council, such ordinances, rules 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 of the United States, and said town of Luthersville 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, whatsover, within or without the limits of said town for corporate purposes. They shall have special powers in its corporate capacity to make all contracts which they may deem necessary for the welfare of the town or its citizens, to assess values of property, levy and collect taxes thereon, and to remove nuisances. They shall have full control and power over streets, lanes, and alleys of said town and to remove obstructions therefrom as is generally exercised by and granted to municipal corporations, and shall in general have all the powers incident to 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 lawful. Luthersville, town of, corporate powers.

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SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Luthersville, as enacted by this Act, shall be as follows, to-wit: One-half mile in every direction from the center of the intersection of two Public Roads known as State Road leading from Newman to Greenville, through Luthersville, and the road leading from Flat Shoals, Georgia, to Hogansville. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the government of said town of Luthersville shall be vested in a town council composed of a mayor and four councilmen, the present mayor and councilmen of the corporation of the town of Luthersville shall continue in office until the expiration of the term for which they were elected and until their successors are elected and qualified; and they and their successors and associates shall have and execute all rights, powers and duties hereby conferred on the town council of the town of Luthersville; created by this Act, and all the ordinances, rules and regulations of the old corporation of the town of Luthersville, 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 Luthersville, and all officers elected or appointed by the mayor and councilmen of the old corporation of the town of Luthersville, shall continue to hold their offices and discharge the duties thereof until the expiration of the term for which they were elected or appointed, and until their successors are elected, unless sooner suspended, removed or discharged by the town council of Luthersville. Mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That the term of the mayor and councilmen of said

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town of Luthersville shall be one year, and until his successor is elected and qualified, and that the first election for mayor under this charter shall be on the second Wednesday in May 1911, and annually thereafter on the second Wednesday in May; and that the term of each councilman of said town shall be for one year; and until his successor is elected and qualified. At the first regular meeting of the mayor and councilmen after their election and qualification or any subsequent meeting, they shall elect from the board of councilmen a mayor pro tem. whose term of office shall be for one year. In the event a vacancy occurs in the office of mayor and councilmen, by reason of resignation, removal from town, death or otherwise, the town council shall order an election to fill said vacancy, which election shall be held in not less than ten days from the date of said vacancy and as soon as practicable after said vacancy occurs notice of which election shall be published once in a newspaper in said town; provided there is one published, and by posting a written notice thereof for ten days at post office, and 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; provided, however, that if a vacancy occurs in office of mayor or councilmen, within less than three months from the date of the next regular election, the town council shall themselves select and elect some fit and proper person for said vacancy and by resolution declare him chosen to fill the vacancy. If the office of mayor pro tem. shall from any cause become vacant, the town council shall elect one of the remaining councilmen as mayor pro tem. for the unexpired term. Elections for mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That if for any reason there is a failure to have the

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regular election for mayor and councilmen at the regular time provided for in this charter, on the second Wednesday in May it shall be the duty of the town council to order an election as early as practicable thereafter, by giving at least ten days notice of the same by publishing said notice once in a newspaper; provided there is one published in the town, and by posting notices at the postoffice and at one or more other 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. Notice of elections. SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilman who is not a citizen of said town and who shall have not resided in the State two years, and in the town twelve months, immediately preceding his election and who is under twenty-one years of age and a qualified voter in municipal elections for officers of said town, and entitled to register under the registration laws in force in this State. Qualifications of mayor and councilmen. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor of said town shall be its chief executive officer. He shall see that all laws, ordinances, rules and regulations of said town are faithfully and fully executed, and that all officers of said town faithfully execute the duties required of them. He shall have general supervision of the affairs of said town, shall preside at meetings of the town council, and at the police courts, and he shall have authority to convene the council in extra session whenever he deems it proper to do so. The mayor shall not have the right to vote upon any question before the town council except in case of a tie. Mayor, duties and powers of. [Illegible Text] [Illegible Text]

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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 councilmen chosen by the town council shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties for the time being. Mayor pro tem. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and two councilmen shall constitute a quorum for the transaction of any business before the town council at its regular meeting, and that the mayor and two councilmen shall constitute a quorum for the transaction of any business at a 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 at least once in every month and oftener if they think best at stated times and a stated place in said town, and shall hold such meetings as may be ordered by the mayor, or in his absence or sickness, by the mayor pro tem. for special purposes, or when requested to do so by a majority of the councilmen. All 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 of council. Meetings. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor, mayor pro tem. and each councilman before entering upon the discharge of their respective duties, shall take and subscribe before some officer authorized by law to administer oaths, in this State, an oath to

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faithfully and uprightly discharge the duties of their respective offices, and as in their judgment shall best promote the general welfare of the inhabitants of said town, and the common interest thereof, which oath shall be entered of record upon the minutes of council. Official oath. SEC. 11. Be it further enacted by the authority aforesaid, That every male citizen of the town of Luthersville, 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 Meriwether, and three months within the corporate limits of the town of Luthersville, next preceding the election, and who is a legally registered voter under the laws of this State, and who shall have paid all taxes which may have been required of him and which he may have had an opportunity to pay agreeably to law, and the payment of all fines, licenses and business taxes required of him by said town, shall be qualified to vote at any election held in the town of Luthersville for any purpose whatsoever. Voters. SEC. 12. Be it further enacted by the authority aforesaid, That all elections for mayor and councilmen and elections on any question submitted to the voters of said town shall be held at the courthouse and at such other place or places as are now, or may be hereafter established by law or the ordinances of said town. The mayor and councilmen shall have full power and authority to establish as many polling places as they may deem necessary. All elections shall be held by three persons who shall be qualified to hold and superintend elections for members of the General Assembly of this State, and said elections shall be held in the same manner and under the same rules and regulations

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as are elections for members of the General Assembly, with this exception, that the polls shall open at ten o'clock and close at four o'clock p. m. In elections for mayor and councilmen, the superintendents shall deliver certificates to the persons whom they shall find to have been elected to the offices of mayor and councilmen respectively; provided, that at the first election held under this charter, the superintendents shall give to such electors, certificates of election for a term of one year. Elections, how held. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said town are hereby authorized and empowered to elect for said town annually, and for a term of one year, unless sooner discharged, a clerk, treasurer, chief of police and as many policemen as they think necessary, a board of health, sanitary inspector, building inspector, chief of fire department, town physician, attorney and tax assessors, and so many of said officers and such other officers, including cemetery keeper, as they may deem necessary and proper, fix their salaries, require them to give bond, prescribe their duties and oaths, and suspend or remove them from office, or impose upon them fines, at their discretion, and all officers elected or appointed by said mayor and town council, shall accept such offices subject to be suspended, removed, or dismissed therefrom at the will of the mayor and town council, at any time they see fit to make such suspension, removal or dismissal and no officer so 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 appointed or elected had expired or [Illegible Text] The mayor and councilmen, at their discretion may elect or appoint the same person to discharge and perform the

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duties of more than one office; all such officers shall be elected at the first regular meeting of said mayor and councilmen after their election. Municipal officers. SEC. 14. Be it further enacted by the authority aforesaid, That the term of office of the mayor and council, as herein provided, shall commence on the day of their election, which is the second Wednesday in May. Terms of office. SEC. 15. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk to collect and keep, subject to the direction of the town council, all moneys due and belonging to the town, as hereinafter 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 the said town and to perform any and 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 town council. Before entering upon the discharge of his duties, he shall take before some officer, authorized by law to administer oaths in this State, an oath to faithfully and honestly discharge the duties of his office, and shall execute such bond 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 keep separate and correct accounts of all the several distinct and separate funds received and disbursed, so at all times to show the true condition of such funds. He shall also make general and special reports in the manner and at the time when called upon by the town council to do so. Clerk, duties of.

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SEC. 16. Be it further enacted by the authority aforesaid, That it shall be the duty of the treasurer to keep a set of books in which he shall make entries of all sums of money received, and of all the sums of money paid out, 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 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 out into the hands of the treasurer by the provisions of this Act shall be, and the same are hereby directed to be a fund for the exclusive use of said town. The duties of the treasurer are such as are usually, or which may be, required of him by the ordinaces of said town and this Section. Before entering upon his duties, he shall take an oath before some officer authorized by law to administer oaths, to faithfully and honestly discharge the duties of his office, and shall execute such bond 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 town council to do so. Treasurer, duties of. SEC. 17. 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 perform such duties as they may be required to do by the ordinances, rules and regulations of the town council, and to otherwise conform to all requirements made to town council governing such office. Oaths and bonds of officers. SEC. 18. Be it further enacted by the authority aforesaid, That the compensation or salaries of mayor and councilmen

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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 three hundred dollars per year, and that of the councilmen shall not exceed the sum of twelve dollars each year, but the mayor and councilmen and such other officers as they may designate, will in addition thereto be relieved of street tax and street duty. Salaries. SEC. 19. Be it further enacted by the authority aforesaid, That the said mayor and town council shall have the right and power in order to raise necessary revenue, to properly carry on the government of said town, to build sewers, procure water supplies, to make, open, grade, repair and keep in order the streets and bridges of said town, to light the same, properly police the same, to pay salaries, costs 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, payment of the debts of the town, for educational purposes, for cemetery purposes, for hospital and charity institutions, for the care of the poor, for establishing necessary squares and parks, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for all other such purposes as will tend, in their discretion, to add to the comfort, safety, convenience, benefit, health, advantage of said town and of the citizens thereof, and for the natural improvement of said town, as may in their best judgment be necessary, and for all other purposes in order to properly carry on the

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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-half of one per cent. on all the property within the corporate limits of said town which is subject to State tax under the Constitution and laws of this State, and also to impose and collect such tax as they, the town council may deem necessary, and proper upon all trades, business callings, professions, sales, labor, and pursuits, which are the legal subjects of taxation and may enforce payment of the same by license or direct tax in such manner as they may determine to be best and most advantageous. They may also impose, assess, levy, and collect taxes on capital invested in said town on stocks of corporations, choses in action, and on such incomes and commissions derived from the pursuits of any profession, trade or calling, banks, express, insurance, and other corporations, associations, agencies, and all other property and sources of profit as are not expressly prohibited or exempt by the laws of this State or the United States; but all taxation on property shall be uniform on the same class of subjects and an ad valorem on all subjects to be fixed in said town. Each and every [Illegible Text] trader, irregular or occasional dealer, his or their agents or consignees, who shall neglect or refuse to render in the amount of goods, wares, and merchandise sold by him or them, which is subject to be taxed by the ordinances of said town, immediately after the sale of the same, and to pay a sum in the discretion of said mayor and town council as a tax thereon, shall forfeit and pay a sum in the discretion of the mayor and town council not exceeding one hundred dollars, for which execution may issue, be collected as other executions of said town are issued and collected.

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All persons subject to taxation, who shall refuse or neglect to render in his, her or their property, or pay the tax on the same when required by the ordinances of said mayor and town council, may be proceeded against by having their property double taxed, and by execution, in the same manner and according to such rules and ordinances as may be adopted by said mayor and town council to enforce the collection of such taxes. Taxation. SEC. 20. Be it further enacted by the authority aforesaid, That said mayor and town council shall have the power and authority to widen, extend and 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, any building, any bridge, laneway, walk or square of whatever nature, same being done in accordance with resolutions or ordinances passed by said town council. After ten days' notice to the party at interest, said mayor and town council may cause all encroachments or obstructions of a permanent or temporary nature, or which in the judgment of said mayor and council ought not to 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 street, alley, landwalk or square already laid out, then no compensation shall be made for the removal of the same. But whenever said mayor and town council shall exercise the power to widen, extend, or straighten a street, alley, lane walk or square and the compensation therefor can not be agreed upon between the said town and the owners of said property, there shall be appointed three arbitrators, one by the mayor and town council, one by the owner of said land, and the other by the arbitrators so chosen, of character and responsibility,

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who shall assess the damage sustained by the owner or owners of the land over which pass said streets, alleys, lanes, walks and squares, so widened, extended, straightened, opened, laid out or established, from which award an appeal can be taken to the Superior Court by either party dissatisfied by such award. A majority of the arbitrators can make the award. The submission shall be in writing and the return shall be filed in the office of the clerk of the Superior Court of Meriwether 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 benefits the owner is to receive from the opening or otherwise changing the said street. If the owner of such land refuses to Act, or is a minor, or is insane, upon the fact being shown to the ordinary of Meriwether county, he may appoint the arbitrator for such owner. The award when so filed and not appealed from, shall be the judgment of the Superior Court of Meriwether county, and execution may at once issue upon the 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, 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 proceedings is filed in the office of the clerk of the Superior Court, but before the commencement of said work, tender shall be made of the amount of the award. In the event the town of Luthersville is not dissatisfied with said award, it shall pay to the clerk of the Superior Court

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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 payment of the amount adjudged to be due by it on the final hearing of said case. Should no appeal be entered within ten days, and the town of Luthersville should fail or refuse to pay the amount of the award, and should proceed with the work, then the clerk shall, upon the application of the owner, or ordinary where it is authorized to act, issue exception on said award, and proceedings thereon shall be the same has had in cases of judgments and executions in the Superior Court of Meriwether county. But the town of Luthersville shall have the right, after said award is filed, to abandon its purpose of widening, extending, straightening, laying out, opening or establishing said street, alley, lane, walk or square, in the event the mayor and town council should consider that the sum found to be due would, in their judgment make said lands so sought to be condemned too expensive to said town, but in such event said town shall pay all costs of said award. Control of streets, etc. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor and town council shall have full power and authority, in their discretion to grade, pave, macadamize, drain or otherwise improve the sidewalks of said town. In order to carry into effect the authority above delegated, the town council shall have power and authority to assess not more than one-half of the cost of paving and otherwise improving the sidewalks on the real estate abutting on the side of the sidewalk so improved, and any railroad company, having tracks running in and over, along and across the streets, lanes, walks or squares of said town shall have to pave, macadamize, or otherwise improve said

Page 890

streets, lands, alleys, walks, or squares in said town, also their roadbeds and rights of way in such ways and proportions as the town council may prescribe. Said town council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes for the amounts above set forth as may be just and proper, estimating the total cost of each improvement made and prorating the cost thereof on real estate according to its frontage on the sidewalks, streets, lanes, and 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 collection for the amount of any assessment so made, for work upon the sidewalks, streets, lanes, parks and squares, by execution issued by the town clerk against the owner at the date of the ordinance making such assessment, which execution may be levied by the chief of police, marshal, other collecting officers or their deputies, on such real estate and 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 the purchaser in possession; provided, the owner of said real estate shall have the right to file 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 costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior

Page 891

Court of Meriwether county, and there tried and issues determined, as in cases of illegality, subject to the penalties provided where the illegality is filed or delay. The town shall have authority to pave, and contract to pave the whole surface of the sidewalks, streets and lanes, without giving any railroad company, street railway company or other property holders abutting thereon or occupant on the streets, lanes and alleys the option of having the space to be paved by them, paved by themselves, or by contract at his or its own instance, the object being to prevent delay and securing uniformity. The lien for assessments on abutting property and on railway or street railway companies, sidewalks, pavings, street paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the time of the passage of the ordinance, authorizing the execution of the work done in each case. Said town council shall have power and authority to prescribe by ordinance and such other rules and regulations, as they may in their discretion, think necessary to grade, pave, drain, macadamize, or curb the streets and sidewalks of said town; to enforce by execution the cost thereof against the adjacent property owner, railroad and street railway companies, and to provide how the agents and owners thereof shall be served. Street improvements. SEC. 22. Be it further enacted by the authority aforesaid, That said town council shall have power and authority to grant franchisements, easements, and rights of way over, in and 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 may fix. Franchises.

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SEC. 23. 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 county officers, not lower than those allowed justices of the peace and constables of this State. Said town council shall have power and authority in their discretion to allow said fees to the officers of said town or to place the same in the treasury of said town and pay the officers a straight salary for their services. Fees of officers. SEC. 24. Be it further enacted by the authority aforesaid, That the town council shall have authority to employ an expert accountant on accounts, to inspect the books of any officer or employee of the town at any time they may see fit to do so, and to pay for the services of such accountant so employed such amounts as to them seem proper. Audit of books, etc. SEC. 25. Be it further enacted by the authority aforesaid, That all writs, processes, subp[oelig]nas, summons, rules of all kinds, warrants, all executions for any and all kinds of taxes, licenses, fines, and assessments and forfeitures, or demands made by the town or its corporate authorities, against any persons, firm, company or corporation, whatsoever, shall be issued and signed by the town clerk, and bear test in the name of the mayor thereof, except as otherwise especially provided for in this charter, and shall be directed to the policemen, marshals, and their deputies of said town and to all and singular, the sheriffs and constables of this State, and each and all of said officers are hereby authorized to serve and execute the same. Writs, etc. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and town council are hereby vested

Page 893

with powers to establish fire limits in said town and to prohibit the erection of any wooden buildings or structures, as will, in the opinion of said mayor and town council, increase the fire risks, in such part or parts of the town of Luthersville, as they may designate as fire limits, and may change and enlarge said fire limits when deemed necessary, and may exercise and use such supervision and control over the construction of the houses and material used therein and the erection of awnings and sheds, of stovepipes, chimney flues, and other means of building as may be necessary and proper to guard against conflagrations, and may require building or structure permits, which permits shall specify material to be used and the manner of its use, in such erections or repairs, of said buildings or structures. Said town council shall have supervision and control of all warehouses, cotton presses, cotton gins, cotton and lumber yards and naval stores yards and other places in said town where materials of an inflammable nature are stored, and they may also prohibit smoking on or near, or the careless 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, smithshop, or the structure, within the town, whenever in their discretion it shall be necessary for protection against fire, and shall have the power to cause any stovepipe or other thing or matter, that will endanger the town as to fire, to be removed or remedied as their prudence shall dictate; and they may summarily declare such to be dangerous without notice to any one and to remove the same instanter, and whenever it shall appear to them that any decayed, unsound or unsafe house, building or structure of any sort is dangerous, to pedestrians or

Page 894

persons passing, or is endangering the health of said town, or any portion of the inhabitants thereof, or of any locality therein, or is likely to produce disease, they may summarily condemn it by resolution or ordinance, and may cause it to be torn down by the policemen or marshal of said town; and whenever in their opinion it is necessary to burn any property, clothing or whatever else to prevent the introduction or spread of infectious diseases, they may, with the advice and help of the health officer, and the board of health, if there be such officers, and if not, then without such advice and counsel do so instanter and the policemen or marshals or such other officers 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 provision of this Section the town of Luthersville, 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, of speculative damages in connection therewith. Fire limits SEC. 27. 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, enlarge the same, and to buy and purchase and improve new cemeteries, as they may in their discretion see fit and proper. They shall have the power to regulate and provide for the burial of the dead therein, and may sell and grant

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by deed, to persons who may wish to purchase any vacant or unoccupied lot or lots in said ceemtery for burial purposes. This provision shall apply to the old, as well as any new cemetery or cemeteries, that council shall have charge of or that they may establish. They shall have full power and authority to employ a manager, sexton and any other employee for the same, and for whatever else they may deem best to preserve, protect and beautify said burial places. Cemeteries. SEC. 28. Be it further enacted by the authority aforesaid, that said mayor and town council shall have full power and authority to establish such a system of quarantine and to make such sanitary regulations within the limits of said town, as in their judgment may be necessary to prevent the introduction or spreading of contagious or infectious diseases within said town; and that in order to more fully exercise this authority, said mayor and town council are hereby given quarantine jurisdiction over all of the area embraced within the jurisdictional limits of the county of Meriwether in this State, and any where 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 purposes, or quarantine grounds, either permanent or temporary; and such condemnation proceedings shall be had and done in the same manner and by the same rules as provided in Section twenty 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 selection of arbitrators to the trial of appeal, and they may by ordinance or resolution put any

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part or the whole of said area under quarantine, and may arrest, detain, quarantine and if need be confine any person from, or suspected to be from any place or places suspected to be infected and detain and confine any such person or persons from day to day as they by ordinance, shall see fit to declare and prescribe; they shall have authority 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, or any such from leaving any of the same. But such rigid quarantine shall not be laid and established except by the consent of the mayor and town council and the board of health of said town, if there be such a board, but if there be no such board, then the town council shall have full power to establish such a quarantine by and with the advice of the health officer of said town. No State Board of Health that now is or that shall hereafter be established, shall ever have power to molest, lessen, or otherwise interfere with said authorities in the matter of quarantine in said limits, saving only to see to it that they maintain in said area a quarantine not less strict than such State Board of Health may think best and said town council shall have full authority to punish any violations of the quarantine rules and regulations of said town, committed anywhere within said area; and said mayor and town council may, by resolution, adopt any regulation recommended by the town physician, health officer, board of health, and upon the same being published or 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

Page 897

within said town, and within said entire area when it shall so recite. Quarantine SEC. 29. Be it further enacted by the authority aforesaid, That said mayor and town council shall have full power to adopt and enforce such ordinances, rules and regulations as they may deem necessary to secure the removal of all garbage, rubbish, filth, dead animals, weeds, undergrowth and other offensive matter, and material from any and all occupied and unoccupied lots and places within the said town limits, at the expense of the owner or owners of said lots and places, who if they shall refuse or fail, after written notice from the authorities aforesaid, to comply with the terms of the ordinances, rules and regulations, shall be subject to such penalties as may be lawfully prescribed for the same. Any such authorities, upon the failure or refusal of such owner to do such work may cause the same to be done and issue execution as they may by ordinance direct and prescribe, against the property of such owner for the amount of such expense and cost; and the person returning such lot for town taxes shall be taken and deemed to be the owner; and such execution shall proceed in the same manner and shall be liable to the same defense as is prescribed in this Act, where executions are issued by the town for constructing, paving or otherwise improving the streets, and sidewalks in said town. Sanitation. SEC. 30. 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 those term of office shall be one year, or such time as town council may prescribe and whose duty and compensation

Page 898

shall be prescribed and regulated by rules, regulations and ordinances of said town council. Said mayor and town council shall also have power and authority, at any regular or called meeting, to elect a board of health, to consist of five members for such terms as 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 each twenty-one years of age and over, a bona fide resident of said town, and shall take and subscribe to such oath and obligation as shall be prescribed and required of them by the said town council. Said 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. 31. Be it further enacted by the authority aforesaid that the mayor and town council shall have full power and authority to compel the removal to the typhoid fever and smallpox hospital or any other contagious or infectious disease, any person or persons who shall have typhoid fever, smallpox or any of the said infectious or contagious diseases in or near said town, or the county of Meriwether and who do not provide their premises with sufficient disinfections, treatments and guards to completely quarantine, regulate and control said premises, but even when the said premises on which said sick person may be sufficiently guarded, it shall be still in the judgment of the town council discretionary to remove all of said sick persons to the hospital above declared. The mayor and town council shall have power and authority to declare by ordinance or resolution that vaccination shall be compulsory upon all persons residing in said town of Luthersville, and within one mile of the corporate limits of said town, and for this purpose said

Page 899

town authorities are hereby given police jurisdiction over all the territory and over all the residents within said prescribed area, and upon all persons who may be working or sojourning in said town. And said mayor and town council shall provide in said ordinances and regulations the time within which all persons, a sabove referred to shall be vaccinated, and any person failing or refusing to be vaccinated within the time required in said ordinances, rules and regulations, shall upon conviction be fined not more than one hundred dollars and cost, or imprisonment in the common jail or such other place of confinement as the mayor and town council may direct. Hospitals, etc. SEC. 32. 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 Luthersville, and that they shall have power and authority to provide by ordinance a penalty for the use of vulgar and obscene language and to punish lewd and disorderly conduct within the limits of said town, and to pass such further and other ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience and good government of and for said town. Disorderly houses and persons. SEC. 33. Be it further enacted by the authority aforesaid, That the mayor and council shall have the complete control of the manufacturing, wholesaling and retailing of spirituous liquors, wine and malt liquors, within said town; provided, the license fee for retaining spiritous liquors, wines or malt liquors, shall not be less than fifty thousand dollars per annum; and provided, further, that no license shall be issued for less time than one year, and no bond shall be taken for the person or persons applying for license

Page 900

unless such bondsman or his security are actually a bona fide possessor of the amount fixed in said bond, over and above all debts, liabilities and exemptions, allowed by the laws of this State, and who upon signing said bond will make affidavit to their pecuniary qualifications, and will and do sign a waiver of homestead and exemption upon giving the bond. Intoxicants. SEC. 34. Be it further enacted by the authority aforesaid, That the said mayor and town council shall have power and authority to compel all male persons (except such as are specially exempted under the law) within the corporate limits of said town, between the ages of sixteen and fifty years to work on the public streets, squares, lanes, and alleys of said town not more than fifteen days during each year; said mayor and town council shall have the power and authority to levy and collect a direct tax for each year, without giving the persons 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 service so required of them by the payment to the officers of said town authorized to receive and receipt for the same, such commutation tax as may be fixed by the town council; provided, however, that in no event, whether town council shall declare for a direct street tax or for a commutation tax in lieu of working the streets, shall the amount exceed the sum of five dollars a year. Street tax. SEC. 35. Be it further enacted by the authority aforesaid, That said mayor and town council shall have power and authority to license and control all billiard tables, pool tables or other tables of like kind or character, or any other

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kind kept for public pay, ten-pin alleys or other like alleys, within the said town, and to remove the same whenever they become nuisances, also to assess and collect a business license tax on all shows, circuses, exhibitions, and performances of any and all kinds; also to license, regulate and control all livery stables, drays, wagons, carts and all pleasure vehicles of whatever kind within said town, and the mayor and town council shall have power and control over all the wells and pumps and all waterworks, fire companies and engines within said town. Licenses. SEC. 36. Be it further enacted by the authority aforesaid, That the mayor of said town shall have the power and authority to hold a court at such time and place in said town as he or the town council may appoint for the trial of offenses committed against the by-laws, rules, regulations and ordinances of said town and for such violations to punish by fines not to exceed one hundred dollars, imprisonment in the guard house of said town or the common jail of Meriwether county not to exceed thirty days; work on the chaingang on the public works, streets, alleys, and so forth, of said town (or if said town has no chaingang, then on any chaingang under control of the authorities of Meriwether county), not to exceed sixty days and any one or more of these punishments may be ordered in the discretin of the mayor. The mayor of said town shall be ex officio justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of said town. Said warrants may be served by the police or marshal of said town or by any other officer authorized by law to make arrests and acting under said warrants said officers may arrest either within or without the limits of said town. Offenders so arrested may be carried before the mayor, and

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if there is probable cause to suspect that any of the penal laws of this 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 Meriwether county to-answer to the charge in any court of competent jurisdiction; provided, that if said offense is one that is bailable by justices of the peace, said mayor shall admit said accused to bail. If in the examination or trial of any one accused under a charge of the violation of any of the municipal ordinances, there is reason to suspect a commission of a crime on his part, the mayor shall have authority to bind over or commit said accused for said penal offense. Mayor a court SEC. 37. Be it further enacted by the authority aforesaid, That the mayor and town council of Luthersville shall have power and authority to organize one or more gangs and to confine at labor therein persons who shall have been sentenced by the police courts of said town to work upon the streets, or who have not paid their street tax and they shall have power to make all rules and regulations that may be suitable, usual or necessary for the government and control of such work gangs, and to enforce the same through its proper officers. Chaingang. SEC. 38. Be it further enacted by the authority aforesaid, That any person convicted before the police court, may enter an appeal from the judgment of said court to the town council, provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided, further, the defendant pays all accrued costs in the ease and gives bond to abide the final judgment of the case in a sum not to exceed two hundred dollars; said bond to be assessed by the officer passing the judgment, and which bond must be approved by the clerk or chief of police.

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The town council shall hear and determine said case so appealed at its next regular term thereof, and shall investigate the case de novo; provided, that if the defendant is unable to give the bond required then and in that event the mayor may call a special meeting of the council to dispose of such a case. The town council shall have power, if they find the defendant guilty, to decrease or increase the fine imposed by the mayor, or other presiding officer of the police court. The right of certiorari from the judgment of the mayor's courts or the judgment of council an appeal shall be had to the Superior Court of Meriwether county and shall be governed and controlled by the laws of this State governing all certioraries to higher courts. Appeals. Certiorari. SEC. 39. Be it further enacted by the authority aforesaid, That the police court shall have power and authority to preserve order during the sessions of its court, compel the attendance of witnesses and to punish for contempt by imprisonment not to exceed five days in the common jail or other place of confinement in said town, or by a fine not to exceed ten dollars; and it is further; provided, that the town council shall have the same rights to punish for contempt when in regular or called sessions as the police court; provided, the punishment for such contempt shall not exceed that of said police court; and fines may be collected by execution issued by the clerk and levied by the collecting officers of said town; collected as other executions of said town are levied and collected. Powers of police court. SEC. 40. 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 and wilful abuse of the powers entrusted to them, or for any reason become incompetent or unfit to fill

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such office, in the judgement 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 four members of council jointly to bring a rule against such offending officer, setting up the charges against him before the Judge of the Superior Court of Meriwether 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 said officer by handing him a copy of the 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 the said rule, and may in his judgement, remove the officer therein charged and declare the office vacant and his judgment shall be final. Malpractice or neglect. SEC. 41. Be it further enacted by the authority aforesaid, That the mayor and town council shall have power and authority to prevent cattle, horses, mules, goats, hogs, dogs, or other animals from going at large in said town and to take up and impound any such 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. Stock law. SEC. 42. Be it further enacted by the authority aforesaid, That all executions issued by the clerk of council of Luthersville shall be directed to the policemen and marshal

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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 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 the sale of such real estate or personal property as may have been levied on 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 made at the place and within the usual hours of sale of sheriff's and constable's, and to be made under the same rules and regulations as govern sheriff's sales 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 in the same as provided by law for sales under executions for State and county taxes. Whenever any land is sold, the owner thereof shall have the privilege of redeeming it within one year, by paying the purchaser the amount paid therefor, with ten per cent. premium thereon, whenever at any such sales for taxes due, no one present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs and after such property shall have been cried a reasonable time, then any duly appointed or authorized agent of the town of Luthersville may bid off such property for the town and the marshal or other officer making the sale shall make the town of Luthersville 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 the town in possession; and the mayor and town council shall have no right to divert or

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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 all also be returned to the office of the clerk after being satisfied. When affidavits of illegality or claims interposed, then all the papers shall by the clerk be transmitted to the clerk of the county court in all matters and things of which 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 the justices court of the 1281st district, G. M. of Meriwether county. In case of illegality or claim filed, the usual and necessary bonds shall be given by the party filing or tendering said illegality or claim. The lien of tax executions in favor of the town of Luthersville, shall have priority on property within the corporate limits of the town over all other executions and judgments, except those for State and county taxes. Marshal's sales. SEC. 43. Be it further enacted by the authority aforesaid, That whenever a person is arrested under the provisions of authority of this Act or under the ordinances passed by authority of the same, it shall be lawful for him or her to enter into a good and sufficient bond to be approved by the arresting officer, conditioned for the faithful appearance of such person to answer such charge when the same shall be heard, and shall be payable to the mayor and town council, which bond shall be forfeited on the non-appearance of the defendant, in the same manner in the mayor's court as penal bonds are forfeited in the county or

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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, judgement and execution against the defendant and his sureties shall be entered up, as in State courts, and the sales of all property levied shall be conducted, advertised and made as sales of property under other executions issued by said town, and such judgments and executions shall be a lien on all property of principal and securities, equal in dignity to the judgments and executions of the several courts of this State of the same date, and superior in dignity to all judgments in this State rendered after the date of such judgment of forfeiture. Appearance. SEC. 44. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the mayor and council of Luthersville, are hereby authorized and empowered to submit to the qualified voters of said town, under the provisions of the Code of Georgia 1895, Sections 377 to 381, both inclusive, and other Sections of said Code, and Acts amendatory thereof, relating thereto, the question of issuing bonds in a sum not to exceed forty thousand dollars and to be held for the purpose of establishing, building, maintaining and operating a system of electric lights, public school building, a system of waterworks and sewerage, one or all systems, for said town of Luthersville, and at said election, the ballots shall be written or printed For electric lights and bonds; or Against electric lights and bonds; For public school buildings and bonds or Against public school buildings and bonds; For waterworks, sewerage and bonds, or Against waterworks, sewerage and bonds; For waterworks and bonds, or Against waterworks and bonds,

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as the case may be, according to whether the question is submitted as bonds for electric lights, public school buildings, waterworks, or waterworks and sewerage, or all, the town having the right, it is hereby enacted to call an election or elections to vote upon the question of establishing, building, maintaining and operating plants for either the lights, public school building, waterworks, or waterworks and sewerage, or for all, as may be deemed most advisable by the mayor and town council of said town. Municipal bonds for public utilities. (a) Should said election or elections herein provided for result in favor of electric lights, public school buildings, waterworks, or waterworks and sewerage, or all as the case may be, then the mayor and town council of Luthersville shall be and they are hereby authorized to issue said bonds for said purposes, in a sum not to exceed forty thousand dollars in the aggregate, each of said bonds to be issued in such sums as said mayor and town council may determine; said bonds to be payable in twenty years, but the interest on said bonds to be paid annually. (b) Said bonds shall be officially signed by the mayor and clerk of Luthersville, under its corporate seal, and shall be sold, hypothecated, or disposed of to the very best advantage of said town of Luthersville, as may be determined by said mayor and town council of Luthersville and the proceeds thereof shall be used exclusively for the purpose of establishing, building, maintaining and operating, either a system of electric lights, public school buildings, waterworks, or waterworks and sewerage, or all as the case may be, for said town. (c) The mayor and town council of said town shall have full power and authority to make any and all rules,

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regulations and ordinances relative to said electric lights, public school buildings, waterworks or waterworks and sewerage, and the use of same, by the citizens of said town that they may deem right and proper not in conflict with the laws of this State. (d) Said mayor and town council are hereby authorized and empowered to charge the citizens of said town such sums as they, the said mayor and town council, may deem just and proper for the use of said lights, waterworks and sewerage. (e) The mayor and town council are hereby authorized to annually assess, levy and collect a tax on all the property both real and personal within the corporate limits of said town in such sum as they may deem necessary, right and proper for the specific purpose of paying the interest on said bonds and accumulating a sinking fund for the payment of the principal of said bonds on their maturity. The said tax so assessed, levied, and collected to be kept separate and distinct from all other taxes, and shall be used solely for the payment of interest and principal on said bonds aforesaid. (f) The principal of said bonds, when they shall become due, and the coupons of interest warrants on the same, shall be receivable by the town of Luthersville in payment of all dues to said town, and said bonds shall not be taxable directly or indirectly by the town of Luthersville. (g) Be it further enacted, That if the election herein provided for either electric lights, public school buildings, waterworks or waterworks and sewerage, or all should be against the issuing of bonds, for either or all systems, or

Page 910

should there be a failure to give the notices and make the application for confirmation and validation of said bonds as provided in Sections one to nine of the Act of Legislature, approved December 6th, 1897, providing for the confirmation and validation of all bonds for counties, municipalities, and other divisions, then and in that or either event, the mayor and town council of Luthersville may at their own instance, and shall on the application of any fifteen freeholders of said town, at any time thereafter, order another election under the provisions of this Act; provided only, that such elections shall not be held oftener than once in every six months, and provided, further, that said mayor and town council shall call an election for a vote only as to the lights, public school buildings, waterworks or waterworks and sewerage, and the same should be for issuing of bonds for that purpose, that they still may call another election at such time as they may deem proper to vote for establishing the other systems; provided, that the aggregate amounts of all bonds shall not exceed the amount of forty thousand dollars, the amount herein provided for. SEC. 45. Be it further enacted by the authority aforesaid, That the town council of Luthersville are hereby authorized and empowered to establish, support, maintain and control a system of public schools which shall be provided for by local taxation, and otherwise in the manner hereinafter provided for in this Act for the town of Luthersville, Meriwether county, Georgia; provided, however, that before the local tax can be levied and collected as herein provided for public schools, the mayor and town council of their own motion, or when requested to do so in writing by fifteen freeholders of said town shall call and advertise an election in a newspaper of said town, once a week for four

Page 911

weeks, to be held at the same place as other elections are held in said town at which election, all persons qualified to vote for mayor and councilmen shall be qualified to vote, said election to be held, conducted and managed in all particulars as other elections are required to be held, conducted and managed under the provisions of this charter and the laws and Constitution of the State of Georgia. The electors at such election shall write or have written on their ballots, For tax for public schools, or Against tax for public schools; and in the event that the necessary majority be in favor of local taxation for public schools, then the provisions hereinafter provided for public schools shall immediately go into effect and be of full force; and provided, further, that if at such election the vote should be against taxation for public schools then the mayor and town council are authorized and empowered to call another election for such purpose at any time; provided, a period of six months shall intervene between each election. Public schools. SEC. 46. Be it further enacted by the authority aforesaid, That there shall be a board of education for said town, under the corporate name of the Luthersville Board of Education, with rights to sue and be sued, in its corporate name, and whose duty it shall be to establish, manage, control and maintain said public school. Said board shall consist of five members to be elected by said mayor and town council within the earliest time practicable after this Act goes into effect. At the first election, two members shall be elected for a term of two years, and three members shall be elected for a term of one year, and thereafter elections for members of the Board of Education shall be held annually at such time as the town council shall fix, or as soon thereafter as practicable, and the terms of members elected

Page 912

after said first election shall be for a term of two years. All vacancies on the Board of Education shall be filled by special elections for the unexpired term only, and the members of said board shall hold their office until their successors shall be 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. No person shall be eligible to membership upon said board except such person as would be eligible to election as councilmen of said town, and no person shall be eligible to election to such membership who, at the time of his election, is mayor or councilman of said town. That said Board of Education are authorized 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. 47. Be it further enacted by the authority aforesaid, That the officers of the said Board of Education shall be a president, vice-president, secretary and treasurer, and such other officers as the Board of Education may deem advisable. The secretary and treasurer, who shall be one person, before entering upon the discharge of his duties, of his office, shall take and subscribe to an oath to faithfully discharge the duties of his office, and shall give bond in such sum as may be fixed by the Board of Education to faithfully account for all moneys coming into his hands as such officer, which said bond shall be made payable to said Board of Education; and the said Board of Education is hereby empowered to bring suit and maintain the same upon said bonds, in any of the courts of this State for any breach of said bond by the said secretary and treasurer,

Page 913

and the proceeds of said suit shall be applied to the public schools of said town. Said secretary and treasurer shall pay out no moneys except by order of the board. His term of office shall be for two years and until his successor is elected and qualified. Officers of board. SEC. 48. Be it further enacted by the authority aforesaid, That said Board of Education shall have power, and it is hereby made the duty of said board to speedily devise, design, adopt, and establish under this Act a system of public schools to modify the same from time to time, to establish such schools as they may see fit for the white children and also for the colored children of said town, and which for the races shall be entirely separate and distinct from each other, and not more than one school for each race, unless said Board of Education shall, at a regular meeting order more than one, and in this have the concurrence of the mayor and town council of Luthersville. Powers and duties of board. SEC. 49. Be it further enacted by the authority aforesaid, That the said Board of Education shall keep full and accurate minutes of the proceedings of said board, which said board shall meet once a month in regular session and which said minutes and other books shall be subject to the inspection of the mayor and town council or any other interested citizen of said town. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books to be used in said school, shall select and employ teachers for said schools, and if they see fit, a superintendent for said schools. They shall fix the school terms and the time of beginning and closing of said school; they shall have the right to remove or suspend such teachers and superintendent whenever in the discretion of the members of the said board they may

Page 914

deem such action to be for the interest of said school, and their action in so doing shall be conclusive in all cases, and not subject to review by anybody or court; they shall fix the compensation of teachers and pay the same, they shall make such by-laws, rules, and regulations for the government of said board, and for the government and control of said teachers and schools as may be deemed fit and proper; they may provide grades in said schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools and do any and all other acts which they may deem best to promote the best educational interests of said town, not in conflict with State laws. Powers and duties of board. SEC. 50. Be it further enacted by the authority aforesaid, That said Board of Education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal made to said board, for the benefit of the schools of said town. School property. SEC. 51. Be it further enacted by the authority aforesaid, That said board shall, out of any funds going into their hands, provide school houses by renting, leasing, purchasing, or building suitable buildings, and shall properly furnish the same for school purposes, the title of all such property shall be in the cooporation of the town of Luthersville. School buildings. SEC. 52. Be it further enacted by the authority aforesaid, That the said Board of Education shall keep accurate accounts of all moneys or property, received by them for the use of said public schools, and of all expenditures made by them, these accounts shall be at all times open to the inspection of the mayor and council of Luthersville, or any

Page 915

interested citizen of said town. The members of said board shall be personally liable to the corporation of Luthersville for all moneys paid to said board for the use of said public schools, and by them appropriated and paid out for any other purposes. Receipts and disbursements. SEC. 53. Be it further enacted by the authority aforesaid, That said board shall annually make report to the mayor and council of Luthersville in writing of the condition of said schools and shall accompany said report with a full itemized statement of all the moneys received and expended by said board and present the vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of the said schools, for the ensuing year, and like reports shall be furnished at any time by said board to said mayor and council when so requested. Reports of board. SEC. 54. Be it further enacted by the authority aforesaid, That the terms of the officers of said board shall be fixed by the by-laws and regulations adopted by said board for its proper government, and no officer shall have any compensation for their services except the secretary and treasurer whose compensation shall be fixed by the Board of Education prior to his election and qualification, not to exceed, however, one hundred and fifty dollars per annum; provided, however, that said board by unanimous vote can pay reasonable compensation for special services, which they may find necessary to secure in order to properly and legally put this system of public schools into operation, and to keep it in proper and legal condition. Terms of officers of board SEC. 55. Be it further enacted by the authority aforesaid, That the public schools herein provided for shall run

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for a period of not more than ten months, scholastic months, nor less than five scholastic months in each year. Scholastic term. SEC. 56. Be it further enacted by the authority aforesaid, That if the election provided for in this charter shall be in favor of public schools, then the mayor and town council of Luthersville, shall be authorized and empowered to assess, levy, and collect annually, a tax annually not to exceed one-fifth of one per cent. per annum, that is to say two dollars on every thousand dollars of property on all taxable property of every kind whatsoever, in said town; provided, that the entire amount of taxes which can be legally levied in said town shall not exceed one and one-half per cent. per annum, which said school tax shall be used solely and exclusively for the purpose of establishing and maintaining said schools and providing furniture, apparatus, grounds, and buildings for said schools; provided, further, that it shall be lawful in the sound discretion and best judgment, and with consent and concurrent approval of the mayor and town council, for the said Board of Education to charge and require a small incidental or matriculation fee for each scholar admitted into said school, which amount shall in no event, exceed the rate of fifty cents per month. School tax. SEC. 57. Be it further enacted by the authority aforesaid, That all school children between the ages of six and eighteen years who are bona fide residents of said town, with their parents or guardians, shall be entitled to the benefits of said school, and no such child or children shall be required to pay any tuition for such course of duty as is now provided by law in the public schools of the several counties of this State, except the incidental or matriculation fee above mentioned, but the Board of Education, may in

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their discretion, require children living outside of the limits of said town to pay tuition for and during the school term provided; all such tuition shall become a part of the fund for the maintenance of said public school system and must be used and accounted for as shall likewise any other fees. School children. SEC. 58. Be it further enacted by the authority aforesaid, That the 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 the town council, and when the taxes for such purpose is levied and collected, the collecting officer of said town shall pay over same to the secretary and treasurer of said Board of Education. Said taxes shall be collected and assessed as other taxes of said town are. Said taxes to be paid out under order of the said board under such regulations and requirements as they shall provide. School tax. SEC. 59. Be it further enacted by the authority aforesaid, That the State School Commissioner of Georgia, shall pay over to the Board of Education of Luthersville, the pro rata share of the State and County School fund to which said town is entitled according to the number of children of school age residing within the corporate limits of the town of Luthersville, increased by the number of children of school age residing without the limits of said town, but residing within the limits of Meriwether county, who attend said school. For each child of school age, residing within the corporate limits, and for each child of school age residing without the corporate limits in Meriwether county, but attending the public school of Luthersville, the town of Luthersville is entitled to receive for each

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the amount apportioned for the State school fund for each child of school age residing in the county of Meriwether. The amount thus to be paid shall be paid at such time as the teachers of the county are paid, and when paid, shall be expended by said Board for the support and maintenance of the said public schools of Luthersville. It shall be the duty of the Board of Education to have, prepare and furnish the State School Commissioner, immediately upon the establishment of said public schools, and annually thereafter, in the fall of each year, at such time as they may establish, a list of census of all school children of school age in the said town of Luthersville, and of all school children of school age residing in the county of Meriwether, who attend said public schools in said town. The Board of Education may admit the children of non-residents, upon such terms as to them may seem reasonable and just. Pro rata share of State school fund. SEC. 60. Be it further enacted by the authority aforesaid, That the Board of Education of Meriwether county, or such body as may have charge of the public schools of said county, shall not establish or open any schools within the corporate limits of said town of Luthersville, nor have any authority or voice in the management of the schools therein established under the provisions of this Act by the Board of Education of Luthersville. County school board. SEC. 61. Be it further enacted by the authority aforesaid, That all assessments of taxes and all funds, arising from or collected under this Act shall be by the corporate authorities of the town of Luthersville, kept separate and distinct from other assessments, and the collections of said town, and are to be used solely for the purposes herein designated, and the mayor and town council shall keep a separate, full and distinct, itemized account, showing all monies

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raised, when, how and from whom and what, and the disposition of the same, to whom when and for what purpose paid out. School tax money. SEC. 62. 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 Luthersville, and constituting the present 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 the State of Georgia, and be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved August 13, 1910. MACON, CITY OF, CHARTER AMENDED. No. 374. An Act to amend an Act to incorporate the mayor and council of the city of Macon and the several Acts amendatory thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the city of Macon shall have full power and authority to purchase the present waterworks system, with all of its rights; appurtenances, franchises, and good will, now owned or operated in the city of Macon and suburbs, by the owners thereof,

Page 920

the Macon Gas Light and Water Company, at a price to be agreed upon by and between, the mayor and council of the city of Macon, and the owners of said system of waterworks, at the time of sale; and the mayor and council of the city of Macon are hereby authorized to own and operate within the city of Macon and the county of Bibb, a system of waterworks for supplying water to the citizens of Macon and the county of Bibb, whenever the said city shall acquire the same as provided for in this Act. Macon, city of, waterworks. However, if the parties can not agree as to the purchase price of said waterworks system, the price then is to be fixed by a board of disinterested arbitrators consisting of seven (7) in number, as now provided by Section four (4) of the contract between the mayor and council of the city of Macon and the Macon Gas Light and Water Company, two of said arbitrators to be selected by the mayor and council of the city of Macon, and two by the Macon Gas Light and Water Company, and three to be chosen by the four so selected, at least two members of said Board of Arbitrators to be hydraulic engineers, non-residents of the State of Georgia, and the decision of the said Board of Arbitrators, or a majority thereof, as to the price, shall be final; provided, that no person who has heretofore appraised said property shall be eligible to serve on said Board of Arbitration for either party. SEC. 2. Be it further enacted, That when the price of said waterworks system has been ascertained, as provided in Section one of this Act, the mayor and council of the city of Macon shall have full power and authority, and it shall be their duty, to issue bonds in a sum not exceeding one million dollars ($1,000,000.00) for the purpose of purchasing said waterworks system at the price ascertained,

Page 921

as provided by this Act, and for the purpose of enlarging and extending said waterworks system, so that when said system is extended by necessary construction, the said woterworks system may be ample and complete within the present corporate limits of the city of Macon, and adequate for all consumers of water supplied from said system. Bonds. SEC. 3. Be it further enacted, That a special registration shall be had for said bond election, as now provided by the charter of the city of Macon, and a special election held for the purpose of obtaining the assent of two-thirds ([frac23]) of the qualified voters of the city of Macon authorized to vote at said special election, to the issue of said bonds. If the assent of two-thirds ([frac23]) of the qualified voters in said bond election is obtained for the issuing of bonds, then the mayor and council shall use as much of the proceeds of said bonds as may be necessary to purchase the said waterworks system at the price ascertained by this Act provided, freed from all liens and encumbrances of every kind, and as many of said bonds as may be necessary to purchase said waterworks at the said ascertained price shall be used for no other purpose whatsoever, but exclusively for the purpose of purchasing said waterworks as herein provided. The remaining bonds authorized to be issued at said special election constituting the difference between the purchase price of the present waterworks system, and the amount of bonds authorized to be issued at said special election, or so many thereof as may be necessary, shall be used exclusively by the mayor and council of the city of Macon for the purpose of enlarging and extending, and otherwise improving the present waterworks system, so as to render the same adequate and complete within the present limits of the city of Macon, and adequate for all consumers of

Page 922

water supplied from said system, and for no other purpose whatsoever. Registration for bond election. Purchase of present system of waterworks. SEC. 4. Be it further enacted, That at said special election for the issuing of bonds for the purpose of purchasing said waterworks system, and extending the same, those being in favor of the purchase of said waterworks system at the price ascertained, and of extending and enlarging said waterworks system, as herein provided, shall have written or printed on their ballots the words, For waterworks bonds, and those opposed to the purchase of said waterworks system, and to the issue of bonds for the purpose of purchasing, and for the purpose of enlarging and extending said waterworks system, shall have written or printed on their ballots the words Against waterworks bonds. Ballots. That the said mayor and council shall call said election not later than the first day of April, 1911. SEC. 5. Be it further enacted, That after said election is held for the issue of said bonds for the purchase of said waterworks system, and the enlarging and extending of the same, and the result of said election should be against the issue of said bonds for said purpose, then the mayor and council of the city of Macon shall have full power and authority, either to make a new contract with the Macon Gas Light and Water Company for supplying the city of Macon and the citizens thereof, with water, or to issue bonds, as by this Act provided, for the purpose of constructing an entirely new system of waterworks in and for the city of Macon. Purchase of present system or construction of new system. SEC. 6. Be it further enacted, That after said election is held for the issue of said bonds, for the purchase of said waterworks system, as provided by previous Sections of

Page 923

this Act, and should the result of said election be against the issue of said bonds, then the mayor and council of the city of Macon, should they so desire, shall have full power and authority to enter into a contract with the Macon Gas Light and Water Company for supplying the city of Macon, and all private and domestic consumers of water, for a period not to exceed thirty (30) years. The said contract shall provide and fix for the life of the same, the terms, conditions, and rates to the city of Macon, and the citizens thereof, and all other necessary stipulations between the mayor and council of the city of Macon and the Macon Gas Light and Water Company; said contract to be binding for a longer period than one year must be submitted to the qualified voters of the city of Macon for ratification or rejection. A special registration shall be had, as now provided by the charter of the city of Macon, before the question of the ratification or the rejection of said contract is submitted to the people, and a special election shall be held for the purpose of obtaining the assent of two-thirds ([frac23]) of the qualified voters of the said city of Macon, authorized to vote in said special election, to said contract for the term of years therein specified. At said election those in favor of said contract shall have written or printed on their ballot the words For the contract, and those against the ratification of the contract shall have written or printed on their ballot the words, Against the contract. In the event two-thirds ([frac23]) of the qualified voters of the city of Macon authorized to vote at said special election should vote for said contract, then said contract shall be binding by and between the parties for the term of years therein specified, and the mayor and council of the city of Macon shall not put into operation a new system of waterworks during the life of such contract; provided, that nothing in

Page 924

this Act contained shall require the mayor and council of the city of Macon to enter into said contract with the said Macon Gas Light and Water Company. Contract for water supply. SEC. 7. Be it further enacted, That in the event the mayor and council of the city of Macon do not purchase the waterworks system from the Macon Gas Light and Water Company, as provided by this Act, then the mayor and council of the city of Macon, are hereby authorized, should they so desire, to issue bonds not to exceed the sum of one million dollars ($1,000,000.00) for the purpose of constructing an entirely new system of waterworks in and for said city of Macon. Bonds for new system. SEC. 8. Be it further enacted, That there shall be a special registration for said bond election, as now provided by the charter of the city of Macon, and a special election for the purpose of obtaining the assent of two-thirds ([frac23]) of the qualified voters of the city of Macon, authorized to vote in said special election, to the issuing of bonds in a sum not to exceed one million ($1,000,000.00) dollars, for the purpose of constructing an entirely new system of waterworks, in and for the city of Macon, should the mayor and council of Macon so desire. At said special election those favoring the issuing of bonds shall have written or printed on their ballots the words For waterworks bonds, and those opposed to the issuing of said bonds shall have written or printed on their ballots the words Against waterworks bonds. Provided, That the city of Macon shall not put into operation a system of waterworks until the present contract with the Macon Gas Light and Water Company shall have expired, but nothing in this Act shall be construed as prohibiting the mayor and council of the city of Macon from laying, constructing and completing an

Page 925

entirely new system of waterworks in and for said city should the mayor and council so desire. Election for new system. SEC. 9. Be it further enacted, That Section nineteen (19) of an Act entitled an Act to amend the charter of the city of Macon, and for other purposes, approved December 4th, 1900, and found on page 335 of the published Acts of 1900, relating to the purchase of said waterworks, be and the same is hereby repealed. SEC. 10. Be it further enacted, That the mayor and council of the city of Macon shall have full power and authority to purchase and hold all real estate necessary for the construction and operation of said system of waterworks, both in and out of the city of Macon and the said mayor and council of the city of Macon shall have full power and authority to condemn property, both in and out of the city of Macon for the purpose of constructing and operating, or extending and operating a system of waterworks and shall likewise have full power and authority to condemn property, both in and out of the city of Macon for the purpose of constructing and extending the system of sanitary sewers for the city of Macon; provided, however, that no private property shall thus be taken by the mayor and council of the city of Macon without compensation first being paid and the method and procedure for the condemnation of property being the same as now provided by the laws of Georgia in condemnation proceedings. Land for waterworks. SEC. 11. Be it further enacted, That in the event the issue of bonds provided by this Act shall be authorized by the qualified voters of the city of Macon, as by previous Sections of this Act provided, either for the purchase of the present waterworks system and the enlargement and

Page 926

extension of the same, or for the purpose of constructing an entirely new system of waterworks, the operation, management and control of any such waterworks system owned by the mayor and council of the city of Macon shall be in charge of a Board of Commissioners, to be created by subsequent legislation, and the powers and duties of said Board of Commissioners to be therein defined; provided, that nothing in this Section shall be construed as interfering with the right, power and authority of the mayor and council of Macon to issue and dispose of waterworks bonds, as provided by previous Sections of this Act for the purpose of purchasing said waterworks system, and enlarging and extending the same, or for the purpose of constructing an entirely new system of waterworks. Control of waterworks. SEC. 12. Be it further enacted, That if the mayor and council of the city of Macon, shall, at any time, make with the said Macon Gas Light and Water Company any contract, in pursuance of the powers and provisions of this Act, the said mayor and council of Macon shall have the power, upon the expiration of the same, to renew said contract, or to make a new one in lieu thereof, upon compliance with the provisions of this Act for the making of the original contract, or with the laws of Georgia of force at the date of the making of said contract; and shall have power in any contract made under the provisions of this Act to provide for the purchase of said entire system as it may exist at any time during the life of said contract, or upon the expiration thereof, at such price as may be agreed upon, or fixed by arbitration in accordance with the provisions of this Act for the purchase of the present system, and to issue bonds for such future purchase in such an amount as may be necessary thereto, after a proper election therefor in accordance with the provisions of this Act

Page 927

for the purchase of the present system, or the laws of Georgia of force at the date of said future purchase. Contract for purchase of present system. SEC. 13. Be it further enacted, That the mayor and council of the city of Macon shall have full power and authority to change the boundaries and limits of the present wards of the city of Macon, or to add two (2) additional wards to the present wards of the city of Macon, to be known as wards fifth and sixth. Should the said mayor and council of the city of Macon, in their discretion, add two (2) additional wards to the city of Macon, then the wards of the said city of Macon shall be known as First, Second, Third, Fourth, Fifth and Sixth wards and shall have only two (2) members of council from each ward, making a total of twelve (12) councilmen or aldermen for the city of Macon. Should the said mayor and council in their discretion, not desire to create two new wards for the city of Macon, then the said mayor and council of Macon shall have the right to change the boundaries of the present wards of said city, as they may see fit, and the said four (4) wards so changed shall have only three (3) aldermen or councilmen from each ward making a total of (12) aldermen for the entire city, it being the purpose of this Act to limit the aldermen for the entire city of Macon to twelve. In laying out said respective wards, the mayor and council of the city of Macon shall keep in mind the recently annexed territory of Vineville, East Macon, South Macon, Western Heights and Napier Heights, and the ward boundaries and limits may be changed and fixed so as to divide the city into four or six wards, as herein provided, as the mayor and council may determine, and when said wards are laid out by the mayor and council, the lines and boundaries shall be definitely fixed and established, and when so fixed and established the entire territory of the present city

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of Macon will be included in said four or six respective wards, with the boundaries and limits established as the mayor and council may determine. Wards of city. SEC. 14. Be it further enacted, That should the said city of Macon purchase the present plant of the Macon Gas Light and Water Company, or at any time construct a plant of their own, then the said mayor and council shall have a right to supply water to people living outside the city limits of Macon, should the said mayor and council, in their discretion, deem it advisable so to do, and charge for the same an amount that may be agreed upon between the said mayor and council of Macon and the said citizens so furnished with water, but in no event shall the said mayor and council charge a less amount for said service outside of the city than is charged for similar service inside the city of Macon. Water supply for people outside corporate limits. SEC. 15. Be it further enacted, That from and after the passage of this Act, the salary of the mayor of Macon shall be ($3,000.00) three thousand dollars per annum. Salary of mayor. SEC. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 8, 1910. McINTYRE, TOWN OF, INCORPORATED. No. 506. An Act to incorporate the town of McIntyre, in the county of Wilkinson, to define the corporate limits thereof; to

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provide for the election of officers; to prescribe their powers and duties; to provide for the laying off and opening up of streets in said town; to provide for the working of the streets and roads of said town; to provide for the levy and collection of taxes and licenses, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the town of McIntyre, in the county of Wilkinson, be and is hereby incorporated under the name of McIntyre, by which name it may be sued, plead and be impleaded. McIntyre, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend one-quarter mile in every direction from the depot of the Central of Georgia Railway Company, as now located in said town, said depot being made the center of said town. Corporate limits. SEC. 3. Be it further enacted, That said town shall be officered and its corporate affairs directed and controlled by a mayor and four councilmen, whose terms of office shall be for one year, and who shall be elected by the qualified voters of said town. Any person residing within the corporate limits of said town ninety days prior to the time of an election, and otherwise qualified to vote for members of the General Assembly, shall be eligible as a town elector. The first election under this Act for mayor and councilmen shall be held on the first Saturday in October, 1910, and annually thereafter. Said election shall be held under such rules and regulations as may be prescribed by the mayor and councilmen, which regulations shall not be in conflict with the law governing the election for members of the General Assembly. The mayor and councilmen shall hold their offices for one year, or until their successors are

Page 930

elected and qualified. The following officers are hereby appointed for said town who shall hold office until their successors are elected as above authorized: Mayor, J. E. Hollomon; councilmen, W. W. Walden, H. Price, Jr., A. Temples and C. E. Todd. Mayor and councilmen. SEC. 4. Be it further enacted, That said mayor and council shall elect one of the councilmen clerk, and may also elect a marshal and pay such clerk and marshal such compensation as they may fix prior to such election. Clerk and Marshal. SEC. 5. Be it further enacted, That said mayor and council shall have authority to lay off new roads and streets, discontinue old roads or streets, cause the roads and streets to be worked by the residents of the town subject to road duty under the law in force for working roads in said State and county, and to levy such road tax as they may deem best for the interest of said town. Said mayor and council shall have authority to make such 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 any and all business done in said town, which are not inconsistent with the laws and the Constitution of this State; to punish by fine or imprisonment, or both in the discretion of the mayor, who is hereby clothed with authority to try offenders against the ordinances of said town, and is hereby empowered to punish such offenders by a fine of not more than $50.00 or by work on the public roads or streets of said town for not more than thirty days, either or both of such penalties. The said mayor and council shall have the right and authority to fix the costs in all cases of violation of the ordinances of said town, and upon conviction, said costs shall be taxed against the offender so convicted. Corporate powers.

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SEC. 6. The said mayor and council shall have the right and authority and are hereby empowered to levy taxes upon all property in said town for the support of the government of said town not to exceed one per cent. of the value of said property, and they shall fix the compensation of the mayor and council and all employees of said town. Taxation. SEC. 7. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15th, 1910. MADISON, CITY OF, CHARTER AMENDED. No. 518. An Act to amend the new charter for the city of Madison, Georgia, as set out in Volume 2, Georgia Laws 1890-1891, pp. 827-836, approved October 6, 1891, and the Act amendatory thereof as set out in Georgia Laws 1900, pp. 343-344, approved November 30, 1900, so as to empower the mayor and city council of said city to increase the commutation street tax in said city to an amount not exceeding $5.00 annually, to further empower said mayor and city council to require and enforce uniform paving of sidewalks in any part of or throughout the fire limits of said city by the owners or lessees of abutting real estate, and to provide an increase in the salary of said mayor and said aldermen, said increase to take effect after the expiration of the term of office of the present incumbents.

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SECTION 1. Be it enacted and it is hereby enacted by the General Assembly of Georgia, That from and after the passage of this Act the above recited Act of October 6, 1891, and the Act amendatory thereof named above, be amended as follows: Madison, city of. SEC. 25. Of said Act of October 6, 1891, is amended by striking the words the sum of $2 00 annually between the word city in the eighth line and the word and in the ninth line of said Section, substituting in lieu thereof the words annually such a sum as may be fixed by the mayor and city council not to exceed five dollars, so that said Section, as amended, shall read as follows: SEC. 25. Be it further enacted, That said mayor and city council shall have power to require every male resident of said city not under sixteen and over fifty years of age, to work not exceeding fifteen days annually by himself or an acceptable substitute on the roads, streets and alleys of said city under the directions of such superintendents as may be appointed by the mayor and city council. Any person subject to this service may be released therefrom by paying to the treasurer of said city annually such a sum as may be fixed by the mayor and city council not to exceed five dollars; and if the work done and money so paid is not sufficient to put and keep the roads, streets and alleys of said city in good repair, the mayor and city council shall use for that purpose any fund in the treasury of said city not otherwise appropriated, or they may levy a tax on all the subjects of taxation within the limits of said city for such purpose. Street tax. SEC. 2. Be it further enacted, That Section 28 of said original Act be amended by inserting after the word limits and before the word if in the eighth line of said

Page 933

Section the following words: And they shall have full power and authority to compel said owners and lessees to replace uneven or inadequate pavements with new pavements, and full power and authority to require in every instance such pavement as will be uniform throughout the fire limits or particular block in their discretion, the standard of uniformity to be fixed solely by said mayor and city council; so that said Section, as amended, shall read as follows: SEC. 28. Be it further enacted, That said mayor and city council shall have power to fix and establish fire limits in said city and, from time to time to enlarge, restrict or change the same; and they shall have full power 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. And they shall have full power and authority to compel said owners and lessees to replace old, uneven, or inadequate pavements with new pavements, and full power and authority to require in every instance such pavement as will be uniform throughout said fire limits or particular block, in their discretion, the standard of uniformity to be fixed solely by said mayor and city council. 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 city council, and execution shall issue for the 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 city council. Fire limits.

Page 934

SEC. 3. Be it further enacted, That Section 15, of said Act, as amended by the Act of November 30, 1900, be stricken, and the following substituted in lieu thereof: SEC. 15. As compensation for their services the mayor shall receive $350.00 per annum and each of the aldermen $100.00 per annum, this provision not to take effect during the terms of office of the present incumbents, who shall receive their compensation under the law in force at the beginning of their terms of office. Salaries. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 15, 1910. MAPLES, TOWN OF, CHARTER REPEALED. No. 325. An Act to repeal an Act incorporating the town of Maples, in the county of Mitchell, approved August 13, 1904, and to repeal the Acts amendatory thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act approved August 13, 1904, entitled An Act to incorporate the town of Maples, in the county of Mitchell, State of Georgia; to define the corporate limits thereof; to provide a municipal government of said town; to confer certain powers and privileges

Page 935

on the same; and for other purposes, be and the same is hereby repealed. Maples, town of, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That an Act approved August 19, 1905, amending the foregoing Act mentioned in Section 1, and all other Acts amendatory of the said Act, approved August 13, 1904, be, and the same are, hereby repealed. 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 3, 1910. MARIETTA, CITY OF, EMINENT DOMAIN FOR WATERWORKS AND LIGHTS. No. 407. An Act to amend an Act entitled An Act authorizing the mayor and council of the city of Marietta, in the 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 to be sold for the purpose of purchasing, establishing, maintaining, building and acquiring a system of waterworks for the said city of Marietta, and to authorize the issue of said bonds, 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 interest upon said bonds, as well as the principal thereof, and for the purposes

Page 936

of creating the board of lights and waterworks and making them a body corporate; to define their powers and duties and for other purposes, by inserting another Section to said Act providing to give said board of water and lights the right of eminent domain with the power to condemn personal property for waterworks, sewerage and light 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 Acts of the General Assembly, approved August 20, 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, the right of eminent domain, with the power to condemn private property by paying just compensation therefor, and for other purposes. Marietta, city of, condemnation for water and light. 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 10, 1910. MARIETTA, CITY OF, BONDS FOR WATERWORKS. No. 413. An Act to authorize the mayor and council of the city of Marietta, in the 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 to be sold for the purpose of completing, extending

Page 937

and improving the waterworks system of 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 on said bonds, as well as the principal thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the mayor and council of the city of Marietta, Cobb county, are authorized and empowered to have held an election by the qualified voters of said city at such time as said mayor and council may designate, to determine whether or not bonds shall be issued by said city of Marietta in a sum not to exceed thirty thousand ($30,000 00) dollars, to be sold for the purpose of completing, extending and improving the waterworks system of the city of Marietta. Said election shall be held in accordance with the provisions of Sections 377 to 380, inclusive, of the Code of Georgia of 1895, and at said election, the ballots used shall be For Bonds and Against Bonds. Marietta, city of, election for waterworks. bonds. SEC. 2. 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 the 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 thirty thousand ($30,000.00) dollars in the aggregate. Said bonds shall be designated waterworks extension bonds for the city of Marietta, and shall be of the sum of one thousand ($1,000) dollars each, and numbered from one to thirty, consecutively, and draw interest at the rate of five

Page 938

(5%) per cent. per annum, payable semi-annually on such dates as the mayor and council may fix, and be for a term of thirty years. Said bonds, so issued, shall be sold by the mayor and council in such way as may seem most advantageous to said city, for not less than par. The proceeds thereof shall be used by the mayor and council of said city of Marietta for the purpose of completing, extending and improving the waterworks system of the said city of Marietta, Georgia, and for no other purposes. Bonds, how issued and sold. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Marietta shall be, and are hereby authorized and empowered to annually assess, levy and collect a tax on all property, both real and personal, in the corporate limits of said city in such sums as they may deem right, proper and necessary, for the specific purpose of paying the interest on said bonds, and also to create a sinking fund sufficient to redeem and pay off said bonds at maturity thereof, and that tax, so assessed levied and collected shall be kept separate and distinct from all other taxes and moneys belonging to said city, and shall be used solely for the payment of the interest on said bonds as it may accrue, and for the acreation and accumulation of a sinking fund for the payment of the principal of same. Tax for payment of bonds. SEC. 4. Be it further enacted by the authority aforesaid, That if the election herein provided for shall be against the issue of said bonds, 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, and may so continue until the issuance of said bonds is authorized by the legal voters of said city in the manner provided by law. Other elections.

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SEC. 5. 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 12, 1910. MARIETTA, CITY OF, SCHOOL TAX. No. 539. An Act amendatory of an Act, entitled an Act to create a system of public schools for the city of Marietta in the county of Cobb, to levy a tax and provide a support for the same; to create a board of education and define their powers and duties; to authorize a bonded indebtedness for said city and for other purposes, approved December 29, 1890. 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 of the General Assembly of Georgia of 1890, Page 1039, amending an Act creating a system of public schools for the city of Marietta, be and the same is hereby amended by striking the word five after the word word in the fourth line and before the word so and inserting in lieu thereof the word six and by striking the word five after the word exceed and before the word twentieths in the ninth line and inserting in lieu thereof the word six, so that said amendatory Act when amended shall read as follows: That if said election shall be for public schools and bonds as provided in Sections 1 and 2, of the original Act, the mayor and council of the city of Marietta, Georgia, shall levy and collect a tax

Page 940

annually, in addition to that now allowed by law, not to exceed six-twentieths of one per cent. on all taxable property in said city for the purpose of supporting and maintaining said public schools, and said funds shall not be used for any other purposes. The clerk of the council shall pay over said fund to the treasurer of the board, less his commission, as said clerk may be entitled to out of said funds. Provided, however, that this Act authorizing an increase in said tax levy shall not go into effect until ratified by a two-thirds majority vote of the qualified voters of said city, at an election to be called on thirty days notice of the same, which notice shall be published once each week in the Marietta Journal, a newspaper of general circulation in said city. Marietta, city of. School tax. 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 15, 1910. MARIETTA, CITY OF, CHARTER AMENDED. No. 451. An Act to amend an Act creating a new charter for the city of Marietta, in the county of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other purposes, passed by the General Assembly of 1904, and approved August 15, 1904, by giving the said city of Marietta the right to build cement, concrete, brick, wooden block or such sidewalks as the city of Marietta deems necessary, and for other purposes.

Page 941

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 by the General Assembly, passed at the session of 1904, approved August 15, 1904, creating a new charter for the city of Marietta, in the county of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other purposes, and the same is hereby amended by adding the following Section, to be designated as Section 40, and it shall read as follows: Marietta, city of. SEC. 40. Be it enacted by the authority aforesaid, That the city of Marietta is hereby authorized and empowered to build cement, concrete, brick, wooden block or such sidewalks as the said city of Marietta deems necessary in said city, with the power of assessing the property owners in said city to pay for one-half the building of concrete, cement, brick or wooden block sidewalks in front of their property in said city of Marietta, and in the event the said property owners fail to pay for said sidewalks, the city to have the the right to issue execution against the property of said property owners to pay for one-half the same. Said city of Marietta, in their discretion, may give said property owners the right to pay for said concrete, cement, wooden block, or brick sidewalks in three annual payments, the same bearing interest at six per cent, but the failure of said property owners to meet one of these annual payments, the city to have the power of issuing an execution for the payment of same. Street improvements. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and are, hereby repealed. Approved August 13, 1910.

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MARIETTA, CITY OF, CHARTER AMENDED. No. 373. An Act to amend an Act creating a new charter for the city of Marietta, in the county of Cobb, and to consolidate and declare the rights and powers of said corporation and for other purposes, passed by the General Assembly of 1904, and approved August 15, 1904, by giving said city of Marietta the power of eminent domain 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 by the General Assembly, passed at the session of 1904, approved August 15, 1904, creating a new charter for the city of Marietta, in the county of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other purposes, and the same is hereby amended by adding the following Section, to be designated as, Section 38, and it shall read as follows: Section 38. Be it further enacted by the authority aforesaid, That the city of Marietta shall have the right of eminent domain and the power to condemn private property for any public purposes they shall see fit, by paying just compensation therefor, and for other purposes. Marietta, city of. Condemnation. 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, 1910.

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MARIETTA, CITY OF, BONDS FOR SEWERAGE. No. 515. An Act to authorize the mayor and council of the city of Marietta, in the 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 to be sold for the purpose of completing, extending and improving the sewerage system of said city of Marietta, and to authorize the issue 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 on said bonds, as well as the principal thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the mayor and council of the city of Marietta, Cobb county, are authorized and empowered to have held an election by the qualified voters of said city at such time as said mayor and council may designate to determine whether or not bonds shall be issued by said city of Marietta, in a sum not to exceed fifteen thousand ($15,000.00) dollars, to be sold for the purpose of completing, extending and improving the sewerage system of the city of Marietta. Said election shall be held in accordance with the provisions of Section 377 to 380, inclusive, of the Code of Georgia of 1895, and at said election, the ballots used shall be For Bonds and Against Bonds. Marietta, city of. Bonds for sewers. SEC. 2. Be it further enacted by the authority aforesaid, That if said election herein provided for, be in favor

Page 944

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 fifteen thousand ($15,000.00) dollars in the aggregate. Said bonds shall be designated sewerage extension bonds for the city of Marietta, and shall be of the sum of one thousand ($1,000.00) dollars each, and numbered from one to fifteen consecutively, and draw interest at the rate of five (5%) per cent. per annum, payable semi-annually on such dates as the mayor and council may fix, and be for a term of thirty years. Said bonds, so issued, shall be sold by the mayor and council in such way as may seem most advantageous to said city for not less than par. The proceeds thereof shall be used by the mayor and council of said city of Marietta for the purpose of completing, extending and improving the sewerage system of the said city of Marietta, Georgia, and for no other purpose. Bonds, how issued and sold. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Marietta shall be, and are, hereby authorized and empowered to annually assess, levy and collect a tax on all the property, both real and personal, in the corporate limits of said city in such sums as they may deem right, proper and necessary, for the specific purpose of paying the interest on said bonds, and also to create a sinking fund sufficient to redeem and pay off said bonds at maturity thereof, and that tax, so assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys belonging to said city, and shall be used solely for the payment of the interest on said bonds as it may accrue and for the creation and accumulation of a sinking fund for the payment of the payment of the principal of same. Tax for payment bonds.

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SEC. 4. Be it further enacted by the authority aforesaid, That if the election herein provided for shall be against the issue of said bonds, 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, and may so continue until the issuance of said bonds is authorized by the legal voters of said city in the manner provided by law. Other elections. SEC. 5. 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 13, 1910. MARSHALLVILLE, TOWN OF, CHARTER AMENDED. No. 541. An Act to consolidate, amend and supersede the several Acts incorporating the town of Marshallville, Georgia, and the Acts amendatory thereto; to fix the corporate limits of the same; to provide for mayor and councilmen and to define their duties and powers; to confer additional powers upon said mayor and council and to provide for the establishment and maintenance of a system of waterworks, sewerage, electric lights, and telephones in said town and to empower the mayor and council of said town to grant franchises over the streets and alleys of said town, for all of said public utilities, and others, to railroad, electric light and power corporations and to individuals, when said franchises will, in their discretion and judgment, redound to the public

Page 946

good and welfare; to repeal conflicting laws, 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 13, of an Act entitled An Act to incorporate the town of Marshallville, in the county of Macon; to define its limits, to provide for a mayor and five councilmen and other officers of said town and to prescribe their duties and powers; to provide for making all laws, rules and regulations and ordinances for the proper government and control of said town and the enforcement of its ordinances, approved August 21, 1906, be and the same is hereby amended by adding to said Section 13, of said cited Act, and at the end thereof the following: To establish, use, own, operate and maintain a system of waterworks, electric or other lights, telephones and sewerage in said town; to contract, within the Constitutional limitations, to have the said utilities installed and operated or to have water, light and telephone service furnished to said town; to grant franchises, over the streets and alleys of said town, for any all said utilities, and other public utilities, to railroads, electric and power corporations and to individuals whenever the granting of said franchises will, in their discretion and judgment, redound to the public good and welfare. So that said Section, when amended, will read as follows: Section 13. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to open, lay out, curb, pave and drain streets and alleys or lanes, or to widen, straighten or otherwise enlarge and improve streets, alleys or lanes in said town; to purchase, improve and beautify public squares or parks in said town, and to appropriate money for school purposes in such manner as they may

Page 947

deem best; and said mayor and councilmen shall have full power and authority to condemn private property for streets, lanes or alleys and for laying sewers or water pipes therein. They shall also have full power and authority to prevent any party from encroaching upon the streets, alleys or sidewalks or placing any obstructions in or on or over any street, alley or sidewalk, and to remove or cause to be removed any such encroachment whether buildings, porches, steps, signs, or whatever it may be already erected, and to prevent and abate any nuisance on the premises of any person in said town or upon any street, alley or sidewalk; to establish, use, own, operate and maintain a system of waterworks, electric or other lights, telephones and sewerage in said town; to contract, within the Constitutional limitations, to have the said utilities installed and operated or to have water, light and telephone service furnished to said town; to grant franchises, over the streets and alleys of said town, for any and all of said utilities and other public utilities, to railroad, electric and power corporations and to individuals whenever the granting of said franchises will, in their discretion and judgment, redound to the public good and welfare. Be it further enacted by the authority aforesaid, That said recited Act, as amended, be and the same is hereby re-enacted as the law for the government of said town of Marshallville, Georgia; and that all laws and parts of laws in conflict herewith, be and the same are, hereby repealed. Marshallville, town of. Corporate powers. Approved August 15, 1910.

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MARTIN, TOWN OF, CHARTER AMENDED. No. 366. An Act to amend the charter of the town of Martin, so as to provide for the establishment of a street-gang for said town and to provide that offenders against the ordinances of said town may be sentenced to work on the streets in the street-gang and other public works of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That Section 5, of the Act incorporating the town of Martin, Volume 2, Acts 1890-1891, page 734, be, and the same is hereby amended in line seven by inserting between the words house and for the following words, to-wit: Or sentence to labor on the streets or public works of said town, so that said Section when amended shall read as follows: Section 5. Be it further enacted, That the mayor shall be ex-officio 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 them under oath, to admit any offender to bail, or commit him to jail for violation of the laws of the State, and to admit to bail or commit to the guard-house or sentence to labor on the streets or public works of said town for violation of the ordinances of said town. Martin, town of. Mayor, powers of. SDC. 2. Be it further enacted, That Section 8 of said Act be, and the same is hereby amended by adding to the end of said Section the following words, to-wit: Or confine the offender at labor on the streets or public works of said town not exceeding thirty days, and any one or more of

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these punishments may be imposed, so that Section when amended shall read as follows: Sec. 8. Be it further enacted, That the mayor of said town and in his absence the mayor pro tem. (who shall be elected by the councilmen from their own number) shall be the chief executive officer of said town; he shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police whenever he deems it necessary, and it shall be his duty to see that the peace and good order of the town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town; he shall have power to issue executions for all fines, penalties and costs imposed by him or he may require the immediate payment thereof, and in default of immediate payment, he may imprison the offender in the guard-house of said town not exceeding thirty days, or confine the offender at labor on the streets or public works of said town not exceeding thirty days and any one or more of these punishments may be imposed. Powers and duties of mayor. SEC. 3. All laws in conflict with this Act, are hereby repealed. Approved August 5, 1910. MILLTOWN, TOWN OF, CHARTER AMENDED. No. 343. An Act to amend an Act, approved December 17, 1901, incorporating the town of Milltown, in Berrien county, Georgia, so that wheen so amended said town shall have

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the right to levy a tax of $1.00 on the $100.00 instead of 50 cents on the $100.00, also to further amend said Act so as to give to said town authority to vote bonds for waterworks, electric lights, gas lights, city hall building and all and any other public building or buildings or drainage or other public necessity in and for said town of Milltown, 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 17, 1901, be and the same is hereby amended as follows: By striking out all of Section 15, of said Act and inserting in lieu therefor the following: Section 15. Be it further enacted, That for the purpose of raising revenue for the support and maintaining the town government the mayor and town council of the town of Milltown shall have full power and authority and shall prescribe by ordinance for their assessment, levy and collection of an ad valorem tax on real and personal property within the corporate limits of said town, to defray the ordinary annual expenses of the town government, a tax not to exceed the sum of $1.00 on the $100.00 worth of property; to maintain a system of schools, as now established by law, a tax not to exceed the sum of $1.00 on the $100 00 worth of property; and to pay any other ordinary expense of said town government such tax not to exceed the sum of $1.00 on the $100.00 worth of property, as may be necessary in the discretion of the mayor and town council of the town of Milltown. Milltown, town of. Taxation. SEC. 2. Be it further enacted, That a new Section be added to said Act, to be inserted between Sections 20 and 21, and to be numbered 20, and which Section 20 shall

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read as follows: They shall also have the authority to submit to the voters, and the voters of said town to vote, upon the issuance of bonds for waterworks, gas works and lights, electric lights, and any other lights, public buildings such as school, hall and any and all other public buildings, drains, canals and any and all other public works or benefit that can or may be needed by said town of Milltown, now or hereafter, and that when such question is so submitted to said voters of said town and they have voted in favor of bonds, then and in that event said bonds shall be legal and binding upon property of said town of Milltown. Bonds for public utilities. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and they are, hereby repealed. Approved August 3, 1910. MILAN, TOWN OF, CHARTER AMENDED. No. 502. An Act to amend an Act incorporating the town of Milan in the county of Telfair, approved August 21st, 1906, so as to give said town the power and authority to contract debts and issue bonds of said town for the improvement of said town and for all purposes under the limitations of the Constitution of the State of Georgia, and the laws of the State applicable to municipalities, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority

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of the same, That the Act incorporating the town of Milan, in the county of Telfair, State of Georgia, approved August 21st, 1906, be amended by inserting immediately after Section twenty-six of said Act the following Section, to-wit: Section 27. Be it further enacted, That the said mayor and city council shall have 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 of Georgia and the laws of the State applicable to municipalities, said bonds in such sums and at such times, not exceeding thirty years from the date of the issue thereof, as said mayor and council shall determine, said bonds to be issued, sold and hypothecated, for any of the purposes of erecting, equipping, and operating public school buildings, establishing, maintaining and operating a public school system, a fire department, town or city chaingang, a sewerage and drainage system for said town, a system of waterworks and lights for said town, for the purpose of refunding existing debts and for all other purposes for the improvement of said town; said bonds to be signed by the mayor and countersigned by the clerk of said town under the corporate seal of said town and shall be negotiated in such manner as said mayor and council shall determine to be for the best interest of said town; provided, however, that said bonds shall not be issued until their issuance has been authorized by an election to be called (and which the municipal authorities of said town are hereby authorized to call), in accordance with the provisions of Paragraphs 377-380, inclusive, of the first Volume of the Code of Georgia, 1895, known as the Political Code. Milan, town of. Municipal bonds. SEC. 2. Be it further enacted, That the other Sections following the new Section as above, be numbered consecutively.

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SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act, be and the same are, hereby repealed. Approved August 15, 1910. MITCHELLS DISTRICT, TOWN OF, CHARTER AMENDED. No. 495. An Act to amend An Act to incorporate the town of Mitchells District, in the county of Pulaski, State of Georgia, and for other purposes, approved August 16, 1909. 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 incorporate the town of Mitchells District, in the county of Pulaski, State of Georgia. etc., approved August 16, 1909, (Georgia Laws, 1909, page 1185), be amended by striking in line two of Section 2 of said Act, the word six, and inserting in lieu thereof the word eight, so that said Section as amended will read as follows: That the governing authority of said town shall be vested in the mayor and eight 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 corporation. Mitchells District town of. Mayor and aldermen

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SEC. 2. Be it further enacted by the authority aforesaid, That Section 3 of said Act be amended by adding the names B. J. Harrell and Freeman Vaughn, so that said Section as amended shall read as follows: 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, W. M. Conner, B. J. Harrell and Freeman Vaughn shall be aldermen and D. T. Daniels shall also act as clerk and treasurer of said town. Appointment. SEC. 3. Be it further enacted by the authority aforesaid, That Section 4 of said Act be amended by striking the seven in line four of said Section and inserting in lieu thereof the word nine, and by adding after the name W. W. Conner in line eight of said Section the names B. J. Harrell and Freeman Vaughn, so that said Section when amended shall read as follows. 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 nine 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, W. W. Conner, B. J. Harwell and Freeman Vaughn, and that J. J. Simmons shall be president of said board and D. T. Daniel, secretary and treasurer. School trustees. SEC. 4. Be it further enacted by the authority aforesaid, That Section 5 of said Act be amended by adding in line six of said Section between the word said, and school the word nine, so that when said Section is amended it will read as follows: 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

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for said schools, who shall hold their office until January 1st, 1912; and on the last Saturday in December of every odd year, and an election shall be held for said nine 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. Election of trustees. SEC. 5. Be it further enacted by the authority aforesaid, That said Act be amended by repealing all of Section 14 of said Act and enacting in lieu thereof a new Section 14, which shall read as follows. Section 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 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 said 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; provided, however, that said secretary and treasurer shall not assess any property in said district at a 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. School tax.

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SEC. 6. Be it further enacted by the authority aforesaid, That Section 15 of said Act be and the same is hereby repealed. 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 13, 1910. NASHVILLE, CITY OF, NEW CHARTER. No. 538. An Act to amend the charter of the city of Nashville, in the county of Berrien, and for other purposes. An Act to amend the charter of the city of Nashville; to provide that all valid contracts heretofore entered into by the city of Nashville, or by its authorized officials, shall be good and valid for or against the city of Nashville, to provide that all by-laws and ordinances heretofore passed, not in conflict with this charter shall be binding and enforceable; to 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 schools and waterworks system, and the regulations and ordinances in force in said city; to provide for a mayor and board of aldermen and other officers for the city of Nashville and to prescribe their powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working or paving of the same; to provide for a system

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of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health; to declare and define the police powers of said city; to provide for the condemnation of private, public or semi-public property for the use of said city, and to define a method of arriving at the value of such property and compensating the owner thereof; to authorize the city of Nashville to establish a public school system, a system of waterworks and a system of electric lights, to authorize said city to issue bonds and other evidences of debt for public purposes; to provide for taxation and the granting of licenses to all kinds of businesses, trades, callings or professions; 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 the authority of the same, That the name heretofore given the city of Nashville shall be retained and from and after the passage of this Act all Acts and laws heretofore passed and the Acts amendatory thereto, be so amended, superseded and changed as that the charter of the city of Nashville shall be as follows: Said municipal corporation is hereby reincorporated and made and continued as a body corporate and politic under said name of the city of Nashville without any break in the continuity of its existence, it being the same corporation, 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 to use a common seal, to do such things as may be needful for the government, good order and welfare of said city and its unhabitants, to exercise said powers, functions, privileges and immunities

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as belong to municipal corporations generally under the laws, 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 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 was 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. Nashville, city of. New charter. Corporate powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall extend one-half mile in every direction from the center of the present courthouse of Berrien Superior Court, now located in said city. Corporate limits. SEC. 3. Be it further enacted, That all corporate rights, powers and privileges now possessed by all duties imposed by law upon said municipal corporation are hereby preserved unto said city under its charter as amended. 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 the 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

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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. Existing conditions. SEC. 4. 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 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. Each alderman at the time of his election must have been a resident of the city for at least twelve months before his qualification. In the event that the office of said mayor or either of said aldermen shall become vacant by death, resignation, removal or otherwise, 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.

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SEC. 5. Be it further enacted, That the mayor and aldermen of said city shall be citizens of the State of Georgia, who have been citizens of the city of Nashville for at least one year preceding the eelection and shall be qualified voters of the city, and beginning with the year 1911 they shall be at least twenty-one 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 officer of said city, subject to the 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. Voters. SEC. 6. 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 said city any three freeholders or any two freeholders and a justice of the peace, who are residents of said city, and not candidates or directly interested in the results 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

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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 such is present; and if no such officer is present, said oath to 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 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 said election, and the list of voters and the tally sheet must likewise be signed by the managers holding such election. Said certificate together with one tally sheet and one list of voters shall be securely sealed in an envelope, with the names of the managers endorsed thereon, 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 cast in said election shall be sealed by the managers with their names endorsed on the package respectively and returned by them to the Ordinary of said county of Berrien; and all contests growing out of said election or concerning the same, shall be before the Ordinary of the said county, and heard and determined by him as in the cases of other contests, under the general rules and laws governing said matters, and no such contest shall be allowed or heard from him unless begun within five days after the election. Municipal elections.

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SEC. 7. Be it further enacted, That the place of holding all municipal elections in said city shall be at the court-house or city hall, as they may deem expedient, and the time of day for keeping open the election shall be from eight o'clock a. m., to five 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 ordinances for regulating and safe guarding all elections held in said city, and may adopt such provisions in reference thereto as are reasonable and not in conflict with this Act. Elections, where held, etc. SEC. 8. 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: 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 Nashville, and that I will, to the utmost of my skill and ability, endeavor to promote the interest and prosperity of said city and all of 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 Nashville or in any department 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 any part 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

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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 aldermen of the city and any person who shall take said oath falsely, shall be guilty of false swearing and shall be punishable as for a misdemeanor and subject to impeachment and removal from office. Oath of mayor and aldermen. SEC. 9. Be it further enacted, That beginning with the first session of the city council in the year 1911, and annually thereafter, the 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 $100.00, and that of each alderman shall not exceed $24.00, per annum. Salaries. SEC. 10. 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

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mayor pro tem. and treasurer 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 their continuance in office. Their duties shall be prescribed by ordinance; on entering upon the discharge of their duties they shall 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 Nashville, in such amount as may be fixed by the city council for 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 offices or positions held by them respectfully, by a majority of the 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 the 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 departments or branches of the government, functions, administrations and work of the city under the charge, management and supervision of such boards respectively,

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and to define their powers and duties and to appoint the members of such boards and to prescribe their compensation, and to adopt appropriate ordinance for the government and regulation of the same. The mayor shall have the right to vote in the election of all the officers and servants of the city who are elected by the city council. Municipal officers. SEC. 11. Be it further enacted, That a majority of the aldermen shall constitute a quorum for the transaction of all 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 the 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 said ordinances, orders or resolutions, notwithstanding the veto by a vote of two-thirds, to be taken by ayes and nays, and entered upon the minutes. Quorum of aldermen. Vote and veto of mayor. SEC. 12. 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 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 execute and 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

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and property therein are protected; and to this end he may cause the arrest and detention of all violators and disorderly persons in the city before issuing warrants therefor. He shall in all things exercise 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 with reference to each department 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 dispatched without favoritism to any person or interest and without reference to politics or political influence. He shall have the power also to pardon persons who are convicted of offenses against the city ordinances, and also to commute, suspend, vacate or reduce sentences imposed by the police court of the city. In the case of absence, disqualification or disability of the mayor, the mayor pro tem., shall discharge his functions, and if he, for the same reasons, can not act, then another alderman shall be selected by the board of aldermen to act temporarily. Duties and powers of mayor. SEC. 13. Be it further enacted, That the said mayor and aldermen of the 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 the mayor pro tem., or upon the written request of any two members of the board of aldermen. Notice of such special meetings shall

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be given to 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 governmental or municipal business which they are legally authorized to transact at any regular or stated meeting. Meetings of council. SEC. 14. 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 to do such things as may be necessary or expedient for the peace, good order, health, safety, benefit and general welfare of the said city and of the inhabitants thereof; and shall also have the right and power to exercise the full power of the State within said city, and also to make rules and regulations, and to pass and adopt such by-laws, resolutions and ordinances as may be necessary for carrying 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 the inhabitants thereof. General welfare. SEC. 15. 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 ordinances or parts of the same. Registration of voters. SEC. 16. Be it further enacted, That the said mayor and council shall have power and authority to open, lay out,

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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 any of the citizens of said city; to regulate the width of the sidewalks and other streets; to compel the owners or lessees of the 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 mayor and aldermen thereof are hereby expressly authorized and empowered to drain, grade, 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 this charter, provide for paving and improving the streets, alleys, sidewalks, etc., in said city and assessing the cost thereof, etc., where executions are issued they shall be signed and issued by the clerk of the council. All provisions of this charter are hereby made available for and applicable to renewing, repairing and repaving the streets, alleys, sidewalks, curbing, cross drains, and crossings of said 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 street and sidewalks in front

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of their property; and in the event that such persons fail or refuse to put out such shade trees within ten days after being notified so to do, said mayor and aldermen, through its appropriation committee or officer may set out 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 the same trees were so set out and against the owner or owners thereof, and in event that the bills for said trees and the 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. Control of streets, etc. SEC. 17. 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 of 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, is a nuisance or source of disease, disorder or annoyance; to regulate privies and water closets; and also for the keeping of gun powder, dynamite, gasoline, benzine, and other combustibles; and 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 to prescribe the material out of which the building 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

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ordinances; to regulate or prohibit the running at large within the limits of said city of horses, mules, cows, goats, sheep, cattle, hogs, fowls 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, morals of the city and its inhabitants. Police powers. SEC. 18. Be it further enacted. 1. That said mayor and aldermen, in the event the present liquor prohibition Act of the General Assembly, approved August 6, 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 same, and to fix the price of said license; provided, the same shall not be less than ten thousand dollars; to establish such regulations and restrictions for the sale of same as they may see proper; and to impose penalties upon persons selling liquors without license or for violating any of the city ordinances regulating the sale of same. 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 for other malt liquors, which are not intoxicating. or else prohibit same entirely, should they deem such prohibition expedient or advisable in their discretion. 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,

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malt and intoxicating liquors, and for the punishment of those who may make such sales. Sale of liquors, beer, etc. SEC. 19. Be it further enacted, That the city of Nashville is hereby granted the power of eminent domain, and the mayor and aldermen are hereby authorized and empowered to condemn lands without or within 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 condemnation, taking or damaging private property, approved December 18, 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 thereto; and they are also authorized similarly to take and condemn personal property in the same manner when needed for public purposes of the city. Power of eminent domain. SEC. 20. Be it further enacted, That the mayor and aldermen of the said city of Nashville, shall have the right and authority to contract, own, use and operate for municipal purposes and for the use and benefit of the inhabitants of the 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 the public works, or who illegally divest such gas, water or electricity from its proper channels of transmission.

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When the consumer of such gas, water or electricity, so furnished by the city shall fail to pay for same promptly, when due, the mayor and aldermen are hereby authorized to cause executions to be issued in favor of the said city and against the delinquent consumers for the amount of unpaid bills, which shall be enforced and levied as in cases of other executions running in favor of the city, and also out of the water, electricity or gas supply until the bills are paid, either method or both, at their option; and in event that such supply is cut off, they may provide for a reasonable time for turning same on again: Public utilities. SEC. 21. Be it further enacted, That said mayor and aldermen shall have authority and control over all street railroads, electric light and power plants, gas plants, ice plants, 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 the town, 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 public services and ice provided; such rates so fixed shall be reasonable. Control of public utilities. SEC. 22. 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 Nashville, 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. Use of water, light, etc., regulated.

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SEC. 23. 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 so cieties attended by delegates from other places, and any hall or auditorium belonging to the city may be used free for such purposes; 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 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 for a military company in said city. Advertisements of city and support of its institutions. SEC. 24. Be it further enacted, That the public school system of said city, and the ordinances in reference thereto, and the provisions for the raising revenue for the maintenance of the same as provided by the Acts of 1900, approved December 17, 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. It is further provided that the mayor and city council of Nashville, Berrien county, Georgia, are hereby authorized to levy a tax, annually, in addition to that now authorized by law, not to exceed one-half of one per cent. on the real and personal property of said city, for the purpose

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of establishing and maintaining public schools in and for said city of Nashville, instanter, provided the present school system shall ever be repealed or abolished. The city council shall only have the right to levy and collect the said taxes for the said school purposes and all other powers regulating said school and controlling same shall vest as now provided by the law. Provided, The sum so raised shall be used only for the purpose of establishing and maintaining said school as set forth and provided in this Section. Said mayor and aldermen are hereby empowered in their discretion to provide such other and further means and agencies and regulations for carrying on the waterworks, sewerage and drainage systems of the city, and rendering same efficient, as they may deem necessary and expedient; and the said city and the mayor and aldermen are fully empowered to maintain the system of public schools as now established by the law in said city and raise revenues for the same. Public schools, regulations and taxation for. SEC. 25. Be it further enacted, That the 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 buildings; extending and improving the waterworks, 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; also, a street railway system; and also for providing said city with any other public

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utility that the council may consider desirable or expedient; and furnish for the purpose of building a city hall, a public auditorium, an armory and making any other public improvements that may be needed for said city; and for any other governmental or municipal and public purpose. 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 and shall specify the purpose and amount thereof, the rate of interest they shall bear, how much principal and interest to be paid annually, when to be 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 discretion) and shall, also in accordance or resolution call and provide for holding of an election on the subject and for published notice thereof as provided by the Constitution and laws of this State. Such an election 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 may be deemed expedient by the 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 said 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 the 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

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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 Nashville. Said city council is hereby authorized to negotiate and sell any of the bonds or series of bonds issued by said city and proceeds of such bonds when sold, shall only be applied for the purposes for which they are respectively issued. Municipal bonds. SEC. 26. 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 council of the 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 Nashville 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 Nashville, and to provide for a 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 Commission. SEC. 27. Be it further enacted, That it shall be the duty of the city council, or of the appropriate committee or board or department having charge of the same, to see that a full supply of fresh, pure water is furnished to the citizens

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of the city, and that the water supply is adequate for fair protection; to adopt such rules and regulations as may be necessary for the maintenance and government of said waterworks system; to lay out, contract, repair, alter existing present water mains or pipes, as may be necessary; to provide proper pumps, pumping stations, filters, etc., as may be required; to fix 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 main 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 the 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, residents and other consumers in said city; to adopt such rules and regulations as may be necessary for the maintenance and government of said 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 the electric wires are properly installed, insulated and properly protected, so as to safeguard the lives and 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 and light.

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SEC. 28. Be it further enacted, That it shall be the duty of the city council, or the appropriate committee or board or department having same in charge, to see that the drainage and sewerage 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 for flushing same; to make it compulsory upon the 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 systems 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 crematcries (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, and also to cause the owners of lots and parcels of land in said city to drain same or fill same to the level of the streets or lands which they front, and to drain any pool of water therefrom; and also to compel the owner or owners of cellars or dry wells holding water to drain and fill up the same, and in the case that the owner or owners of such lots of land or cellars or unused wells shall fail or refuse to drain the same, it shall be lawful for the city council to cause the same to be done, and to cause an execution to be issued against the owner of 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 sanitary condition, and that the sanitary regulations may be properly

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enforced; and said city may provide by ordinance for appropriate penalties for the punishment of persons, firms or corporations who shall violate any sanitary rules or regulations of the city. Sanitation. SEC. 29. 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 the 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 this matter. They shall also have to provide for the isolation of those affected 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 and public health. SEC. 30. Be it further enacted, That said mayor and aldermen shall have full power to levy and collect an annual ad varolem tax, not to exceed one per cent. on all the property, real and personal, within the corporate limits of the 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 expense of the

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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 the addition thereto; they shall have the 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 the real and personal property in the city for public school purposes as now authorized by the Act of the General Assembly providing for the establishment of a system of public schools; said taxes to be added together and collected at the same time; and an additional extraordinary tax not to exceed one-fourth of one per cent. may be levied and collected for the following special purposes, viz.: for preventing, fighting, isolating, treating, nursing and stamping out cholera, yellow fever, smallpox, or other contagious 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 March 1st on each year, and shall become due and collectable as follows: One-third of the taxes levied under the provisions of this Act shall be due and collectable on the 15th 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. 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 the maturity by any of the tax payers who may desire to do so, and in such event they shall receive discount on the installment not due at said time. at a rate to be fixed by the council, not to exceed twelve per cent. per annum. Executions shall issue for taxes unpaid on the

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first day of November in each year, or the first business day thereafter, in the event the same falls on Sunday, and shall be enforced by levy, as heretofore provided. The tax books shall be opened for the reception of tax returns as provided for the returns of State and county tax. Ad valorem tax. SEC. 31. Be it further enacted, That the mayor and aldermen shall prescribe by ordinance the time and manner in which the officer or officers to whom all property, occupations, trades, callings, business, etc., shall be returned for taxation by the taxpayers and inhabitants of said city, and it shall be the power and duty of the assessor or assessors to value the real estate of the said city for taxation, and to scrutinize carefully each return of property, real or personal by any taxpayer in said city, and if, in his or their judgment, they shall fix 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 assessment to appeal to the mayor and aldermen under such rules and regulations as they may prescribe. Tax returns. SEC. 32. Be it further enacted, That the said mayor and aldermen shall also have the authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses and shows of all kinds, drays, hacks, automobiles and autobuggies 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

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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, ten-pins, shooting galleries and bowling alleys, and all other 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 other manufactories or establishments producing offensive odors or unusual noises or large quantities of smoke; also auctioneers, peddlers and pawn brokers and all other classes or kinds of business within the police powers of the city, and to fix amount of 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 business, occupations, professions, callings, trades or occupations, public or private, exercised within the city, as may be deemed just and proper; and also upon franchises in incomes therein. Special taxes. Said city council may close up and prohibit entirely any business, factory, establishment or place of, in the event the same becomes 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. SEC. 33. Be it further enacted, That said mayor and aldermen shall have authority and power, by ordinance, to classify and provide for registering the various occupations,

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trades, callings and all kinds of business that are carried on in the city, and to fix the specific or license tax on the same, and the time or times when such tax or license shall become 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 of business. SEC. 34. Be it further enacted, That all executions issued against persons, firms or corporations, failing to pay 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 the 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 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 in which the sheriff's sales of Berrien 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 Berrien in said city of Nashville. Sales shall be made under the rules and laws governing sheriffs' sales. When personal property is sold, the marshal shall deliver the possession thereof at once to the purchaser and a bill of sale if he so desires. When real estate is sold, the marshal shall make to the purchaser a deed, and upon application of

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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 the same fees for levying as are now allowed to lawful constables in this State, and to the same fees for selling as are allowed the sheriffs in this State; provided, however, that the fees of all said officers as well as other officers of the city of Nashville, who are now or may be hereafter authorized to charge fees for services pertaining to their offices, may be changed by ordinance of the city council. Collection of taxes, etc. SEC. 35. Be it further enacted, That the marshal or collecting officer of the city of Nashville, shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer or 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. 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 of and payment of the same premium, interest and costs, as in cases of redemption of property where sold under tax fi. fas, as same now exists, or as may from time to time be provided by law. Redemption of property said for taxes. SEC. 36 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

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property, the defendant in fi. fa. shall have the right to file an affidavit denying that the whole or any part of such execution is due and the reason 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 upon, if same is personal property; and said affidavit so presented shall be returned to the justice court or Superior court of Berrien 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 if illegality or delay. Such affidavits of illegality and the procedures in reference thereto being governed by the rules and laws governing such matters in the courts of said State. Affidavits of illegality. SEC. 37. 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 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 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 a term not to exceed fifteen days, under the direction and control of the proper officer, or be contined in the guardhouse for a term not to exceed ten days in the discretion of the mayor. Ten days continuous residence in the corporate

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limits of said city shall be sufficient to subject him to liability to do street work. Commutation tax. SEC. 38. Be it further enacted, That all bids for contracts for labor or materials to be furnished said city which shall exceed the sum of five hundred dollars ($500.00) in amount shall be advertised by the city department in which said work, labor or materials properly belong, in a newspaper published in the city of Nashville, 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 council. Contracts involving five hundred dollars ($500.00) 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 of the city council, the same can be done more effictively or economically. Contracts for material or labor how awarded. SEC. 39. 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 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 police court shall have jurisdiction to try and determine all 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

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and the ordinances and resolutions adopted in pursuance thereof; also to forfeit 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. 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 case of a vacancy in his office, the mayor pro tem. or in his absence, disqualification or disability, any member of the board of aldermen shall preside as police court judge. 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 Nashville, 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 the county of Berrien and to that end the said mayor or other presiding officer presiding over the police court shall have the power 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 the court of competent jurisdiction to be held in and for said county. 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 laws and ordinances of said city by a fine not to

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exceed two hundred and fifty dollars or by labor on the streets or public works of said city under the control and discretion of proper officers, not to exceed six months, or by confinement in the guard house not to exceed ninety 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 may be imposed with the alternative of either or both of the punishments, in the event the fines are not paid. Upon the failure or refusal of any person to pay promptly any fines or costs imposed by said police court, the same may be enforced and collected by an execution issued and directed as provided for in the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the mayor and aldermen of said city. 4. Said mayor or other police court judge when sitting or presiding in such police court, shall have authority to punish for contempt by fine not to exceed $20.00, or confinement in guard house not to exceed twenty days, or both in his discretion. 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 or 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 of the case shall be entered in writing opposite the name and charge by the mayor or other presiding officer of said police court, which respective entries signed by the mayor or other officer presiding at said police court in such cases. 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

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the city, by summons, which summons shall be issued by the clerk of council 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 the trial or hearing, and shall be served on 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. 7. Said police court shall have the power to punish any person disobeying such summons or subp[oelig]nas 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 a member of the police force. 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 Court of said State, but such continuance shall be only until a time when the case can be properly tried in the discretion of the presiding judge. 9. When any person who is charged with any 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 of the police court, and if such person shall fail 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 by ordinances of the city. And said mayor and aldermen are hereby expressly authorized and empowered to provide 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

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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 entering of such judgments, 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 in the city for taxes, which execution 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. 10. In any cases 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 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 docket, and shall be paid over to the city treasurer of the said city of Nashville. 11. Said mayor and aldermen shall have the power to provide by ordinances for the charge and collection of all items of costs in cases brought into said police 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 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 of fees shall be

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such as usually appertain to such offices in court and 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. 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. Police court. Presiding judge. Powers of a justice of the peace. Penalties. Contempt. Dockets. Summons, etc. Trials. Appearance bonds. Forfeitures. Court costs. Certiorari. SEC. 40. Be it further enacted, That said mayor and aldermen shall have full power and authority, in their discretion, to organize a chaingang in and for said city, and to prescribe rules and regulations for same, and for the government thereof, and [Illegible Text] cause all offenders against the laws and ordinances of said city to work in said chaingang upon the streets and public works, in said city, as said mayor and aldermen shall direct, 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. Chaingang. SEC. 41. Be it further enacted, That said mayor and council shall have the right to establish a guard house and chaingang in said city, provided for the confinement of prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of

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their imprisonment; provide for furnishing said prisoners with convict suits, employ guards and convict bosses, and generally to provide for the control and proper government of said convicts. The employees of the city in charge of the 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 mayor and aldermen of said city may have the right to hire or lease said convicts as may be confined in the chaingang of said city, under the provisions of this charter, to the county authorities of Berrien county, and shall have the right to make such charge against the county authorities as they may be able to agree upon; provided, however, that said convicts shall be kept and provided for by said county authorities in the same manner as the county convicts are kept and provided for. Convicts. SEC. 42. 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 said city, as well as for safe detention until the 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 to the guard house to await trial. The mayor and aldermen shall likewise have the

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right in emergencies to use the county jail of Berrien county. Guard house. SEC. 43. 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 the said offender, which warrant shall be directed to the chief of police, or any member of the police force of the city, and may be executed by the said chief or any member of the said police force of the city, or the marshal or any watchman or any other person authorized and empowered to make arrests by the ordinances of the city. Arrests, however, may be made by any of the officers or persons who are hereunder 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 the want of an officer to issue a warrant. The officers of the city may follow violators of the law 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. Arrests. SEC. 44. 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 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 it fires; to protect strangers and travelers at railway

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stations; to suppress riots and insurrections; to disperse unlawful and dangerous assemblages and assemblages which obstruct the free passage of the 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 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-watchmen 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 the watchmen at private plants or factories, and also railroads, watchmen with police powers. Chief of police, duties of. SEC. 45. 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 a 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 the 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. 46. 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

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adopt from time to time such ordinances or regulations, regulating and governing the exercise of such franchise as may be deemed expedient or necessary; and no franchise shall be granted for a period of longer than fifty years. Franchises. SEC. 47. Be it further enacted, That said mayor and aldermen of said city of Nashville, shell 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 Nashville, 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 public squares. SEC. 48. 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 re-adjust 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 be 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 Nashville, or to the best interest of the city and its inhabitants. Control of public utility corporations. SEC. 49. 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 each year as the law requires; provided, however, that the tax assessors of the city council shall have power in their discretion to relieve from said double tax for good cause shown. Double tax.

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SEC. 50. Be it further enacted, That it shall not be lawful for the mayor and aldermen or any officer under said city to be interested, either directly or indirectly, in any contract with the city of Nashville, having for its object the improvement of the city or any part thereof or the expenditure of any money from 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 contracts or in the profits thereof, either by himself or by another, directly or indirectly. 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 persons shall not be qualified to hold any office or position with or in the government of the said city or any department thereof for the term of ten years thereafter. Graft prohibited. SEC. 51. 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 willful 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

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impeachment. This remedy by impeachment shall not take away the right and duty of removal of such offending 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, and when sitting for that purpose they shall be under the same oath or affirmation taken by jurors in the trial of criminal cases in the Superior Courts of the State. When a mayor is tried, a judge of the Superior Court shall preside, neither the mayor nor any of the aldermen shall be allowed to sit or vote on the trial of his own case; 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 the 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, may be dropped at the pleasure of the appointing power. Malfeasance or neglect. SEC. 52. Be it further enacted, That it shall be unlawful for any person to loiter or remain within fifty feet of any polling place where an election is being held for officers of said city, excepting election clerks, managers, State, county or municipal officers called in by election managers to preserve order, and persons passing along the street on legitimate business. Loitering at election precincts.

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SEC. 53. Be it further enacted, That any persons, who shall electioneer or in any other way try to influence any voter in relation to an election being held, or speak to him with a view to influencing his vote in such an election shall be guilty of a misdemeanor, and shall be punished as provided by the Penal Code of Georgia for such offenses. The provisions of this Section not to apply to the election managers in the performance of their duty. Electioneering. SEC. 54. Be it further enacted, That any person who shall lead, carry or accompany a voter, or even follow him, to the polls to influence his vote or even to see how he is voting, shall be guilty of a misdemeanor, shall be punished as provided by the Penal Code of Georgia for such offenses. Interferring with voter. SEC. 55. 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 the same meet the proper 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 buildings shall be erected in said city without first securing a permit from said inspector. 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 freight, 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 running of trains, street cars, automobiles, auto-buggies and other vehicles in said city. 3. To establish one or more markets, should they deem the action expedient, and regulate the same, fix the hours of sale therein, prevent the sale of marketable

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commodities elsewhere in the city, and pass all ordinances, rules and regulations necessary and proper in order to control marketing in said city. Inspection of buildings. Regulation of transportation. Markets. SEC. 56. 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 charter may be pleaded and shall be full defense against any such actions, 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 municipal officers. SEC. 57. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910. NEWNAN, CITY OF, CHARTER AMENDED. No. 536. An Act to amend an Act entitled an Act to create a new charter for the city of Newnan, in the county of Coweta, approved December 8, 1893, by striking all of Section 31, of said Act and inserting in lieu thereof the following, to-wit: That the mayor and alderman of said city, shall have authority to pave or otherwise permanently improve any or all of the streets, sidewalks, or alleys of said city; to expressly authorize said mayor and aldermen, of said city to assess the cost of paving or improving any street, sidewalk or alley against the

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abutting property, whether it be public or private property; to provide a remedy for collecting the cost of paving or improving any street, sidewalk or alley, when the same is paved or 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 authority of the same that the Act creating a new charter for the city of Newnan, in the county of Coweta, approved December 8, 1893, be, and the same is hereby amended as follows: That from and after the passage of this Act the above named Act be, and the same is hereby amended by striking all of Section 31 of said Act of 1893, and inserting the following in lieu thereof: Newnan, city of. SEC. 31. Be it further enacted, That the mayor and aldermen of said city, shall have full power and authority to pave or otherwise permanently improve any or all of the streets, sidewalks or alleys of said city, now or that may hereafter be opened, laid out or constructed, and to lay curbing along any of said streets, sidewalks or alleys. In order to make effective the power and authority above given and to provide funds therefor, the said mayor and aldermen shall have full power and authority to assess the actual cost of paving the sidewalks and placing curbing by the same, against the real estate abutting on sidewalk, but only on the side of the street on which the sidewalk is improved, if on one side only. Said mayor and alderman shall have full power to assess one-third of the cost of paving or otherwise permanently 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 on the other side of the street so improved;

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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 aldermen, and any street railroad company, or railroad company having a track or tracks running along or across the street of said city shall be required to pay the cost in full for paving or otherwise improving such street between their tracks and for two feet on each side thereof. The mayor and aldermen shall have authority to pave or otherwise improve and contract to pave or otherwise improve the whole surface of any street, sidewalk or alley of said city, without giving any railroad company, or other property holder or occupant on the street, the option to have the space to be paved or otherwise improved by them by themselves or by a contract at his or its instance, the object being to prevent delay and to secure uniformity. The amount of the assessment on each piece of real estate abutting on the street, sidewalk or alley paved or 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 aldermen shall have full power and authority to enforce the collection of any amount so assessed for such paving or other improvement, either upon the streets, sidewalks or alleys, by execution to be issued by the city clerk 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 any policeman of the city on such real estate and after advertising and other proceedings as in case of sale of realty for city 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 executions is issued, is due, and

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stating what amount he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received, which affidavit when received shall be returned to the Superior Court of Coweta county and there tried and the issue determined, as in cases of illegalities, subject to all the penalties provided by law in cases for illegality filed for delay only. The lien for assessment on abutting property, on street railroads and other railroad companies, or other property for street, sidewalk or alley pavement or other permanent improvement 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 work in each case. When the mayor and aldermen, of said city orders any street, sidewalk or alley, in said city, paved or otherwise permanently improved upon which any public property abuts, such as the county courthouse, or the county jail of Coweta county, then, and in that event, the said mayor and aldermen are hereby expressly authorized to assess the cost of paving or otherwise permanently improving the said street, sidewalk or alley, upon which said public property abuts, against the said public property in the same manner, and for the same amount only, as said mayor and aldermen are herein authorized to assess the cost of paving or otherwise improving any street, sidewalk or alley upon which private property abuts, against the abutting private property, the said public property to be assessed no more in proportion for said paving or other permanent improvement that private property is herein liable to be assessed. And when any street, sidewalk or alley is paved or otherwise permanently improved, by the said mayor and aldermen, upon which any public property abuts, in said city, and the authorities in charge of or in control of such public property fail or refuse to pay the assessed cost of the said paving or other

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permanent improving, then the said mayor and aldermen are hereby authorized to enforce the payment of the same by appropriate legal proceedings; provided, that the said action is hereby authorized for the collection of the assessed cost of whatever paving or other permanent improving may be done on the sidewalks, streets or alleys, upon which public property abuts, may be defended by the authorities in control of said public property by proving that the amount claimed to be due, or any part thereof, is not justly due and owing by said authorities, and provided, further, when any action is begun, and the said authorities admit that any part of the amount claimed to be due, is due, then the amount admitted to be due shall be paid as a condition precedent, before any defense shall be heard by any court. Street improvements. SEC. 2. Be it further enacted by the authorities aforesaid, That all laws or parts of laws in conflict with this law be, and the same are, hereby repealed. Approved August 15, 1910. NORCROSS, TOWN OF, CHARTER AMENDED. No. 433. An Act to amend the Act approved August 17th, 1908, amending the Act incorporating the town of Norcross. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 17th, 1908, amending the Act incorporating the town of Norcross be amended

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by striking out the word April occurring in the sixth line of section ten of said Act and inserting in lieu of the word stricken, the word August. Norcross, town of charter amended. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are repealed. Approved August 12, 1910. OAKHURST, TOWN OF, INCORPORATED. No. 462. An Act to incorporate the town of Oakhurst in the county of DeKalb, to provide for its succession to the rights, powers and duties of the town of Oakhurst heretofore created by order of DeKalb Superior Court, to define the boundaries and powers of said town, including the power to establish and maintain a system of public schools, and the right to issue bonds for school or municipal purposes, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted as follows: SECTION 1. The inhabitants now or hereafter residing within the boundaries and limits in DeKalb county hereinafter described shall be and they are hereby created a municipal corporation under the name and style of the town of Oakhurst, to-wit: All that portion of land lots two hundred and twelve (212), two hundred and thirty-six (236) and two hundred and thirty-seven (237) lying south of the right of way of the Georgia Railroad and Banking Company,

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between the towns of Kirkwood on the west and Decatur on the east, not at present embraced in the incorporate limits of said towns, also that portion of land lot two hundred and thirteen (213) not embraced in the town of Decatur lying north of a line described as follows: Commencing at a point fourteen hundred and fifty feet (1450) south of the northwest corner of land lot number two hundred and thirteen (213) thence in a northeasterly direction nine hundred and seventy-eight (978) feet, to the southeast corner of what has heretofore been known as the Mynatt estate, thence directly east to the Western boundary of land lot number two hundred and fourteen (214) and also that area described as follows: Beginning at the northeast corner of the above first described area, extending thence north along the west limits of the town of Decatur, Georgia, three thousand, two hundred and thirty-seven feet (3,237) to the center of what is known as Green street or Ponce deLeon avenue thence in a westerly direction in and along the center of said Green street or Ponce deLeon avenue seventeen hundred and seventy-five (1775) feet to a stake or a point, which is three thousand, two hundred and twenty-five feet (3,225) due north of the northwest corner of the said first described area, thence south three thousand, two hundred and twenty-five feet (3,225) to the northwest corner of the said first described area. Provided, however, That when the line which runs east from the southeast corner of the Mynatt estate to the western line of lot two hundred and fourteen (214) reaches the land of Mrs. Mattie A. Dukes, instead of running through said land, it shall vary to the north and east so as to run around her land until it comes back to said east and west line on the Mead Road and thence continue east as above described. Oakhurst, town of, incorporated. Corporate limits.

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SEC. 2. The municipal corporation hereby created shall immediately upon the passage of this Act, succeed to all the corporate powers and rights that were heretofore vested in the town of Oakhurst as created by [Illegible Text] charter issuing from the Superior Court of DeKalb county by an order dated April 19th, 1909, and an amendatory order dated March 26th, 1910, and shall become invested with all the rights, properties and franchises belonging to said former corporation, of every kind whatsoever and liable for all its obligations, contracts and debts. Insofar as the former boundaries and limits are changed by this Act, this Act shall control, but otherwise it shall be construed not as extinguishing said former corporation, but as containing its existence in virtue of the authority of this Act and superseding the former authority and all ordinances, rules, regulations and orders of the former corporation are expressly hereby continued in their respective stations till their successors are chosen and qualified as herein provided. Corporate rights. SEC. 3. The authority and powers herein delegated to said town shall be exercised by and through a mayor and five councilmen whose qualifications and elections shall be as hereinafter provided, the town shall have and may exercise the corporate powers set forth in an Act of the General Assembly approved August 6th, 1872, entitled an Act to prescribe the manner of incorporating towns and villages of this State, except in so far as said powers are limited or denied by this Act, and such additional powers as are hereinafter granted, and may make and enforce all other by-laws, rules, orders, regulations and ordinances which in the opinion of the governing body are needful or proper for protecting and preserving the peace, good order, morals, health, and general welfare of said territory and its inhabitants and establishing and maintaining good

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government therein; provided, however, the same be not unreasonable or contrary to the laws and Constitution of this State. Mayor and councilmen. SEC. 4. Be it further enacted, That on the first Tuesday in January, 1911, there shall be elected for said town by the qualified voters therein, by ballot a mayor and five councilmen, whose term of office shall be for one year and until their successors are elected and qualified. The term of office of the mayor and councilmen elected under the provisions of this Act shall commence on the first Tuesday in February following their election, first having severally subscribed to the following oath, to-wit: I do hereby solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the town of Oakhurst 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. The mayor and councilmen shall provide by ordinance for regular meetings not less than one month and may hold such special or call meetings as the business of the town may require. In the event the office of mayor or of any one or more of the councilmen shall become vacant by death, resignation or removal from the town or otherwise, the mayor and council, or in case the mayor's office is vacant, the council shall order an election for the purpose of filling such vacancy by giving notice as may be provided by ordinance, and such election shall be held, returns made and results declared in the same manner as in regular elections; provided, that in case such vacancy occur within sixty days preceding the regular municipal election in said town, the vacancy may be filled by the mayor and council or by the mayor pro

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in case of vacancy in the mayor's office and persons so elected as councilman or the mayor pro tem. as the case may be, shall be duly empowered and qualified to fill such vacancies until the regular elections. 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 remaining members of council declared by resolution vacant; and the vacancy filled as before provided. Election, etc. of mayor and councilmen. SEC. 5. 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 Oakhurst, 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 duties, shall take and subscribe before some justice of the peace, or other qualified officer 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 us God. Said managers shall keep or cause to be kept two lists of voters, at said election 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

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clerks of all elections held under the provisions of this charter shall be named and appointed by the mayor and council prior to the election, and the mayor and council shall determine and provide for the payment of managers and clerks. Managers of elections. SEC. 6. 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 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, 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 of illegality within three days after said election, and upon payment of ten ($10) 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 contests to be served on the mayor and published one time in any newspaper published in DeKalb county. Said ordinary shall fix the time of hearing the contest which shall not be later than ten days after service has been perfected, of

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which time both parties shall have five days' notice. The contestant shall pay the sheriff or his deputy in advance two ($2) dollars for service and notice of the contests, and the contest shall be held at the courthouse in DeKalb county. 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. Lists of voters. Contested elections. SEC. 7. Be it further enacted, That all persons qualified to vote in this State for members of the Legislature, who shall have paid all taxes legally imposed and demanded by the authority of said town and who shall have resided in said town for three months prior to the election at which they appear 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. Voters. SEC. 8. Be it further enacted, That it shall be the duty of the clerk of said town upon the first Monday in December in each year to open a registration of the qualified voters of said town. Said book shall be kept open at such hours as the mayor and aldermen may prescribe each and every day (Sunday and legal holidays excepted) until Tuesday before the first Tuesday in January, 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, thereto to allow such person to register his name and

Page 1011

color, recording on said book besides the applicants name, his age, occupation or business, and the streets 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 the State of Georgia, that you have resided in said State for twelve months, in this county for six months and in Oakhurst three months preceding this registration, or that by the date of the next 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 Oakhurst and all taxes required by the laws of this State except taxes for this year, so help you God. It shall be the duty of the clerk of said town to prepare a list of the names of the 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 list 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 list 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

Page 1012

days before the day of election and prepare and furnish the registration book as herewith provided. Notice of the opening of the registration book for all elections shall be given in such manner as the mayor 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 for said election the clerk of said town may certify under his official signature and seal to such accidental omission, to place his name in the list 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 elections 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. 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 list, as made up and reeturned 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 twelve hours before final action thereon by the mayor and council, that said person may show cause if any, why such action should not be taken. Registration of voters. SEC. 9. Be it further enacted, That no person shall be eligible for the office of mayor or councilman of said town unless he shall have resided in said town not less than one

Page 1013

year immediately preceding his election, and shall be a qualified voter in municipal elections for offices 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. Qualifications of mayor and councilmen. SEC. 10. Be it further enacted, That at the first regular meeting of the mayor and council which shall be held on the first Tuesday in February after the regular municipal election, 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. 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 town officers as the mayor and council shall deem necessary in the government of said town to be fixed by ordinance. 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 Oakhurst. Said mayor and council shall have the 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, or the charges preferred under such rules as the mayor and council may fix. Municipal officers.

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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 and agents of said town, which when once fixed shall not be changed during the term of office of said officer or agent. All of said officers and agents shall be elected for terms of one year and until their successors are elected, appointed and qualified. The salary of the mayor shall be fixed by ordinance at the last meeting of the mayor and council, to be held in 1910 and annually thereafter which said salary shall not be changed during the term for which a mayor is elected. Salaries, etc. SEC. 11. Be it further enacted, That the mayor or the mayor pro tem. and three 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 mayor pro tem., if he be presiding in the absence of the mayor shall vote only in the case of a tie vote; and provided, further, that all votes making appropriations or authorizing the expenditure of town funds, or fixing the various salaries, shall be by the yeas and nays duly recorded on the minutes; and provided, further, that on any question any councilmen may demand the aye and nay vote, and on such demand the vote shall be so taken and recorded on the minutes. The mayor or mayor pro tem. when performing the duties of mayor shall have veto power and may veto any resolution or ordinance passed by council in which event the same shall not become a law or have the effect of a law unless subsequently 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

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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. Quorum of council, etc. Veto power. SEC. 12. Be it further enacted, That the mayor of said town shall be the chief executive officer of the town of Oakhurst. 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, impartially discharge the duties required of them. 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 judgment it becomes necessary, and shall do so whenever requested by two or more 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 of the sinking fund. Powers and duties of mayor. SEC. 13. 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 arrests, 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 officer or officers are authorized to imprison

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and to confine any person or persons arrested by them in the town prison, or in the jail of DeKalb county, for a reasonable length of time. The marshal and 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 person 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 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 police officers may take bonds for the appearance of any person arrested by them, for violation of town ordinances, before the police court for trial; and all such bond 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. Arrests. SEC. 14. 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

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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. SEC. 15. Be it further enacted, That the mayor, or in his absence or disqualification, the mayor pro tem., or in case of the absence or disqualification of both, the mayor and 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 of said town. 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 violators 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 chain-gang, or on such other public works, as the mayor, mayor pro tem., or presiding councilman may direct, not to exceed sixty days; any one or more of these punishments may be inflicted in the discretion of the presiding officer of the court, and the fines imposed may be collected by execution. The mayor, mayor pro tem., or presiding councilman, as the case may be, shall have full authority and power in said police court, if the offense

Page 1018

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, 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. 16. 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 or security for his or her appearance or may be imprisoned to await trial. If such bond be given and accused fails to appear at the time fixed for trial, the bond may be forfeited by the court and an execution issued thereon after serving the defendants, 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 bonds. SEC. 17. Be it further enacted, That any person convicted in the police court of the 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. SEC. 18. Be it further enacted, That the mayor and council of said town of Oakhurst shall have power and authority to organize one or more chain or work gangs,

Page 1019

and to confine persons therein who have been sentenced 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, safe keeping, and control of such gangs, and to enforce same through its proper officers. Chaingang. SEC. 19. Be it further enacted, That the mayor and council shall at a regular meeting in February, 1911, 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 assess the true cash market value of all real estate situated in said town subject to taxation, and to make returns to clerk of council at such times as may be fixed by ordinance by the mayor and council. 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 solemnly swear that I will faithfully and impartially, with out fear or favor, discharge the duties of tax assessor of the town of Oakhurst, 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. SEC. 20. 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

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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. SEC. 21. 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 how and when taxes due said town shall become due, and in what length of time and in what period 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 mayor and council, in their discretion, may provide for the payment of any taxes in installments, and at different periods; provided, that all shall become due not later than October 15th, of each year. Tax returns. SEC. 22. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the town of Oakhurst, the mayor and council of said town shall have the full power and authority to assess, levy and collect

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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 ad valorem tax above authorized for general purposes, and the public school tax and the bonded interest and sinking fund tax shall be levied under separate ordidinances, 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 full 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. SEC. 23. 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

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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 and secure and pay for said licenses, who fail to register, take out and pay for the license, and secure 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. Registration of business and license. It shall not be within the power or authority of said town of Oakhurst, 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 they 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 spirituous, 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 the town. SEC. 24. Be it further enacted, That the mayor and council shall have power and authority to prohibit, regulate, and license billiard tables, pool tables, ten-pin alleys and any and all tables or alleys of any kind kept within

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said town for the purpose of hire, renting, or for 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. License for billiard tables, etc. SEC. 25. 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 to said town when the mayor and council may order to 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; to seize the same and the apparatus for selling the same; and the said mayor and council shall have the 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 manufactured, and to arrest the offender or offenders. Upon conviction of any person for maintaining a nuisance, as above stated

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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 offenders as may be prescribed by ordinance. Intoxicants. SEC. 26. 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 are fully empowered to collect the same by executions 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 sanitary tax so collected shall be used solely for sanitary purposes. The mayor and council shall have full power and authority to prescribe by ordinance what shall constitute a lot for sanitary purposes and assessments; provided, that no lot shall be fixed at less than 20 feet front, and provided, further, that no sanitary assessment shall be made against vacant property, nor shall any residence lot with dwelling thereon be subdivided. Sanitary tax. SEC. 27. Be it further enacted, That the mayor and council of said town shall have authority to require and compel and make all persons between the ages of sixteen and fifty, subject to road duty under the laws of Georgia (residents of the 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 shall determine.

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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 a 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 imprisonment in the town prison or jail of DeKalb county or by labor in 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. Commutation tax. SEC. 28. 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 dogs 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 SEC. 29. 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 purposes of laying out new streets, alleys or sidewalks and for widening, straightening, and grading or in any way changing or altering the street and alley lines and sidewalks in said town, and when said

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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 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 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 provisions of this Section by appropriate ordinance. Control of streets. SEC. 30. Be it further enacted, That the mayor and council shall have full authority, in their discretion, and as hereinafter described 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 authority to assess one third of the cost of the 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 cash on the real estate abutting on the other side of the street so improved, the real estate abutting

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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. Street improvements. SEC. 31. Be it further enacted, That the mayor and city council shall have the authority and power to regulate by ordinance, the speed at which automobiles, bicycle and other vehicles of any kind shall be driven over or through the streets, alleys or public places in said town; and to prohibit the use of public sidewalks of said town by other than pedestrians, and to punish violations of such rules 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 within the corporate limits of said town; 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 within said town. Regulation of automobiles, etc SEC. 32. 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 and the

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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 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, and may issue execution therefor, and levy and collect the same as in the case of tax executions. Railroad crossings. SEC. 33. 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 the 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 the newspaper in which the sheriff of DeKalb county advertises. Franchises. SEC. 34. 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 sewerage matter, and to assess the sum of not more than fifty cents per

Page 1029

lineal foot for constructing such sewers upon the property and estates 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 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 regulations as the mayor and city council may prescribe by ordinance. Sewerage system. SEC. 35. 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, manner and places where connections shall be made. In case of real estate situated 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 in the other street, two hundred feet of said frontage thereon shall be exempt from assessment thereon. Sewer connections. SEC. 36. Be it further enacted, That the mayor and city council shall have full 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 they may deem 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 condemn and compel the disuse of the same when they do not conform to the kind prescribed for use by the mayor and council, whenever they shall become and be declared by the mayor and council a nuisance. Sanitary regulations.

Page 1030

SEC. 37. 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 to health and morals 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. SEC. 38. Be it further enacted, That said mayor and council shall provide by ordinance, 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 an dcouncil 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 sheriff's and constable's 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 the same within one year by paying the purchaser the

Page 1031

amount paid therefor, with ten per cent. premium thereon and interest on said principle amount at rate of seven per cent. per annum. Whenever at any such sales for taxes due no one present shall bid for the property put up for sale as much as the amount of such execution 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 Oakhurst 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 deviate or alienate the title of the town to any property so purchased, except by public sale to 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 cost, to whom delivered, the return and all proceedings thereunder, said execution, 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 officers making the sale shall have the same power as sheriffs to put purchasers of property sold by them in possession. Municipal writs. Tax sales. SEC. 39. Be it further enacted, That it shall not be lawful for any official of said town to be interested directly or indirectly in any transaction with, work for, or contract of said town, or any department of government or service

Page 1032

of said town, involving the expenditure of any public funds of said town. Any violation of this Section by the mayor, any councilman or any official of said town, shall on conviction thereof be punishable as for a misdemeanor, under the Code of Georgia, 1895. Graft prohibited. SEC. 40. Be it further enacted, That any of the officers of said town who may be sued for any act or things done in his official capacity, may be justified under this charter and the provisions of the charter may be pleaded and shall be a full defense to any action brought against the mayor and council or any official of said town, for any act or acts done by them or either of them, under and in accordance with the ordinances passed in pursuance thereof. Protection of officers. SEC. 41. Be it further enacted, the corporate authorities of said town having so recommended, That said town of Oakhurst is hereby authorized to establish and maintain public schools within its limits by local taxation, provided, that its power so to do shall not take effect until the same has been submitted to a vote of the qualified voters in said town and approved by a two-thirds vote of the persons qualified to vote at such election as herein after prescribed. That is to say at any time which may be ordered by the mayor and council and upon twenty days notice, which notice shall be given by posting in three conspicuous places in said town, an election may be held under the authority of said mayor and council at a place in said town to be designated in said notice to determine said question. At said election any duly registered voter who is qualified to vote for the mayor and council shall be qualified to vote on said question. Those favoring the establishment and maintenance of public schools shall have written or printed on their ballots the words For public

Page 1033

schools, and those opposed to the establishment and maintenance of public schools shall have written or printed on their ballots the words, Against public schools. The returns of said election shall be made by the managers thereof to the mayor and council who shall declare the result by resolution and a record of the proceedings and of said resolution shall be entered on the minutes. But no action so taken shall serve to interfere with any local school system prior to the year, 1911. School tax. SEC. 42. Should said election result in the establishment of public schools, the mayor and council shall have full power and authority to put the same in force and to levy such tax as may be necessary for such purpose each year. They shall in such event have power either to serve themselves as a board of Education of said town or to create such a board and delegate to it such part of their authority herein given as they may see fit. They shall also have power and authority in such event to erect and equip such school house or school houses as may be necessary in their discretion and pay for the same either by levying taxes therefor or by issuing bonds or contracting other indebtedness. Public schools. SEC. 43. The said town through its mayor and council shall have full power and authority to borrow money for supplying casual deficiencies of revenue, in so for as the same is permissible under the Constitution of this State. It shall also have power to issue bonds or contract other indebtedness for building school houses, sewers, or other public works which they are herein authorized to construct, or for executing any other power herein given, but no such bonds shall be issued or other indebtedness created except within the limits prescribed by the Constitution of Georgia

Page 1034

and upon the terms and conditions therein stated and after fully complying with the general laws of this State touching the issuance of bonds and the contracting of indebtedness by municipal corporations. Power to create debt and to issue bonds. SEC. 44. Said town of Oakhurst shall have all other powers that may be necessary for the execution of the powers herein expressly granted, or necessarily implied therefrom. General powers. SEC. 45. 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, 1910. OCILLA, CITY OF, SCHOOL LAW AMENDED. No. 444. An Act to amend an Act entitled An Act to establish, maintain and operate a public school system in the city of Ocilla, in Irwin county, Georgia; to provide for the raising of revenues to maintain said school, authorize and require the State School Commissioner to pay over to the board of education of said city such part of the public school funds of the State as may be the pro rata share due said school system; to provide for election of a board of education for said school system, and prescribe its powers and duties, and for other purposes, approved December 17, 1902, so as to authorize said board of education of the city of Ocilla to require by resolution, the mayor and aldermen of said city to levy

Page 1035

and collect an annual ad valorem tax on all taxable property of said city for school purposes, not to exceed in amount five mills or fifty cents on the $100.00; to authorize and require the county board of education of Irwin county to pay annually to said board of education of the city of Ocilla, the pro rata share of the State school fund due on all such children of lawful school ages to attend the public schools of the city of Ocilla, who reside in said county of Irwin, but without the limits of said city of Ocilla, 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 aforesaid Act to establish, maintain and operate a public school system in the city of Ocilla, in Irwin county, Georgia, and for other purposes, approved December 17, 1902, be and the same is hereby amended as follows: (First.) That Section three (3) of said Act as published in the Acts of 1902, Page 284, be and the same is hereby amended by striking the word annually in the Ninth line thereof and inserting in lieu thereof the word, Biannually. That said Section be and the same is hereby further amended by inserting ofter the word election and before the word shall' in the Twelfth line thereof the following: And the persons so elected, so that said Section when so amended shall read as follows: Ocilla, city of SEC. 3. Be it further enacted, That an election shall be held on the 1st, Tuesday in January, 1903, in said city of Ocilla, at the place of holding elections to elect the mayor and aldermen of said city, for the election of five persons, citizens of said city as a board of education, and any person eligible to the office of mayor or city council shall be eligible as a member of said board. The members of said board of

Page 1036

education shall hold their office for the term of two years from the date of their election or until their successors are elected and qualified, and there shall be an election bi-annually from the date of the first election to elect successors of the first incumbents of said board, said election shall be held under the same rules and regulations as prescribed for the first election, and the persons so elected shall be known as the board of education of the city of Ocilla. Said board of education shall have the power to sue and be sued, to plead and be impleaded, in any of the courts of this State; to have and to use a seal; to take and hold real estate and personal property that they may acquire by purchase, donation or otherwise in trust for the purpose set forth in this Act, to go to the city of Ocilla in case the system of public schools is abolished; provided, that all property donated shall be subject to the conditions specified in the deed of gift. Board of education. (Second). That Section six (6) of said Act as published in the Acts of 1902, Page 285, be, and the same is hereby amended by striking the whole of the fifth line thereof, and inserting in lieu thereof the following: The amount of said tax shall not exceed five mills or fifty cents, so that said Section when so amended shall read as follows: Section 6. Be it further enacted, That said board of education shall, as early as practical each year, by resolution, require the mayor and aldermen of said city to levy and collect an ad valorem tax on all the taxable property of said city for school purposes for that year, the amount of said tax shall not exceed five mills or fifty cents on the $100.00 and when collected to be turned over to said board promptly to be used for the purpose of this Act. That the State School Commissioner shall pay over directly to the office designated by said board the pro rata share of

Page 1037

the State school fund due and coming to the children taught in the schools under this Act, to be by the board expended in the maintenance of said schools. There shall be separate schools for the whites and blacks under this Act. School tax. SEC. 2. Be it further enacted by the authority aforesaid, That the county board of education of Irwin county be, and the same is hereby authorized and required to pay annually to said board of education of the city of Ocilla the pro rata share of the State school fund due on all such children of lawful school age as attend the public schools of the city of Ocilla, who reside in said county of Irwin, but without the limits of said city of Ocilla. Pro rata share of State school fund. 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, 1910. OGLETHORPE, TOWN OF, CHARTER AMENDED No. 411. An Act to amend an Act to incorporate the town of Oglethorpe, in the county of Macon; to define its limits; to provide for a mayor and five councilmen; and other officers of said town; to prescribe their powers and duties; to provide for the making of all laws, rules, regulations and ordinances for the proper government and control of said town and the enforcement of its ordinances.

Page 1038

SECTION 1. Be it enacted by the General Assembly of Georgia, That Section 2, of an Act approved November 28, 1900, entitled, An Act to incorporate the town of Oglethorpe, in the county of Macon; to define its limits; to provide for a mayor and five councilmen and other officers of said town; to prescribe their powers and duties; to provide for the making of all laws, rules, regulations and ordinances for the proper government and control of said town and the enforcement of its ordinances, be amended by adding thereto, beginning on the fourth line of said Section, the following words: Except on the east side of said town, beginning on the southeast corner of a small wooden trestle on the right of way of the Central of Georgia Railway Company, thence in a straight line due southeast nine hundred and five feet to the right of way of the Atlanta, Birmingham and Atlantic Railroad Company, thence along the said right of way in an easterly direction on the north side thereof, to the present limits of said town. And from said original starting point, on the trestle of the Central of Georgia Railway Company along the right of way of said railroad company, on the east side thereof, in a northeasterly direction, to the present limit of said town, the lines hereby described, to run between the present rights of way of the Central of Georgia Rail way Company and the Atlanta, Birmingham and Atlantic Railroad Company on all sides and in all directions. So that when amended, said Section shall read as follows: Section 2. Be it further enacted by authority of the same, That the corporate limits of said town shall extend three-fourths of a mile in every direction from a center at the intersection of Baker and Cuyler streets of said town of Oglethorpe, except on the east side of said town, beginning on the southeast corner of a small wooden trestle on

Page 1039

the right of way of the Central of Georgia Railway Company, thence in a straight line due southeast nine hundred and five feet to the right of way of the Atlanta, Birmingham and Atlantic Railroad Company, thence along the said right of way, in an easterly direction, on the north side thereof, to the present limits of said town. And from said original starting point, on the trestle of the Central of Georgia Railway Company, along the right of way of said railroad company, on the east side thereof, in a northeasterly direction, to the present limits of said town, the lines hereby described to run between the present rights of the Central of Georgia and Atlanta, Birmingham and Atlantic Railroad Company and all sides and in all directions. Oglethorpe, town of, corporate limits. SEC. 2. Be it further enacted, That by the authority aforesaid, all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 12, 1910. PINE PARK, TOWN OF, INCORPORATED. No. 522. An Act to incorporate the town of Pine Park, in the county of Grady; to define the corporate limits thereof; to provide for a mayor and council; to prescribe their duties and the manner of their election; to provide the manner in which a public school system for the town of Pine Park may be established; to provide for the support of same by taxation and otherwise; to authorize and require the State School Commissioner to pay to

Page 1040

the mayor and council of said town the pro rata of the State school funds to which the said town would be entitled under the general law, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the town of Pine Park in the county of Grady be, and the same is, hereby incorporated as a town under the name of the town of Pine Park. Pine Park, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town be as follows: Commencing at a point on the run of Jack Hall branch, one-half the way between the north and south sides of land lot No. 111, thence due east through land lot No. 111, and to the center of land lot No. 112, thence north eleven-sixteenths of a mile, thence west to the run of Jack Hall branch, thence south down the run of Jack Hall branch to starting point. Same being in the eighteenth land district of Grady county Georgia. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal authorities of said town shall be a mayor and five councilmen, who ore hereby constituted a body corporate under the name and style of the Town of Pine Park, and by that name and style shall have perpetual succession, and a common seal, may sue and be sued, plead and be impleaded, purchase and hold such property, real and personal as may be necessary for the good order, government and welfare of said town, and sell a lien, or lease such estate, real and personal, as may seem fit and proper to said mayor and council. Mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Saturday in December 1910, and

Page 1041

annually thereafter, an election shall be held for mayor and councilmen of said town, which election shall be held by justice of the peace and two (2) free holders, or by three (3) freeholders, residents of said town and not candidates in said election. The managers shall conduct all elections as nearly as practicable as elections for members of the General Assembly are conducted, except as herein otherwise provided. The polls at all elections shall be opened at some convenient and accessible place in said town at nine (9) o'clock a. m, and be closed at four (4) o'clock p. m. The managers at said election shall take and subscribe before an officer authorized to administer oaths, and in the absence of such officer, in the presence of each other, the following oath: All and each of us do swear that we will faithfully superintend this days election; that we are qualified as required by the charter of the town of Pine Park to hold the same; that we will make just and true returns thereof, and not knowingly permit any one to vote unless we believe them to be entited to do so under the charter of said town, or knowingly prevent any one from doing so who is so entitled, and that we will not divulge for whom any vote was cast unless called upon under the law to do so, so help me God. Election of mayor and councilmen. Within five days after said election the said managers shall issue to the newly elected mayor and councilmen a certificate of election to each of the persons elected, showing to what office said person was elected, and for what period of time. SEC. 5. Be it further enacted by the authority aforesaid, That B. A. Alderman, be, and he is hereby appointed and designated as mayor of said town until his successor is elected and qualified; That J. G. Moore, T. M. Red, J. P.

Page 1042

Faulkner, H. D. Payne, and J. G. Kinkaid be and they are hereby appointed and designated as councilmen of said town of Pine Park and to serve until their successors are elected and qualified. Mayor and councilmen appointed. SEC. 6. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties the mayor and council shall take and subscribe before any officer authorized to administer oaths, the following oath; I do solemnly swear that I will faithfully discharge all the duties involving upon me as mayor or councilmen, as the case may be, of the town of Pine Park, to the best of my ability. So help me God. Official oath. SEC. 7. Be it further enacted by the authority aforesaid, That all elections held under the charter of the town of Pine Park, no person shall be allowed to vote who is not duly registered, as hereinafter provided, nor shall any person be allowed to vote in said elections who has not been a bona fide resident of said town at least sixty days prior to said election, nor who is not qualified to vote for members of the General Assembly. Voters. SEC. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said board of councilmen to open registration book or books thirty days before each regular election, for the registration of the qualified voters of said town, which book or books shall be kept open from nine (9) o'clock a. m., until twelve (12) o'clock m., and from two (2) o'clock p. m., to four (4) o'clock p. m., each day except Sunday and legal holidays until within five days before the election, when said book or books shall be closed. It shall be the duty of said clerk to administer to any person applying the following oath: Registration of voters.

Page 1043

You do solemnly swear that you are a citizen of the United States, that you have resided in Georgia for twelve months, and will have resided in the town of Pine Park sixty days before the date of the next town election; that you are twenty-one years old and have paid all taxes due the town of Pine Park, and that you have made all returns required of you by the ordinance of said town. So help you God. Upon which said clerk shall register the name, age and occupation of said person; said clerk shall, on the day of each election furnish the election managers a list of the registered voters of said town. SEC. 9. Be it further enacted by the authority aforesaid, That any person voting at an election of said town who is not a qualified voter according to the provisions of this charter, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as prescribed in Section 1039 of Volume 3 of the Code of 1895 of this State. Illegal voting. SEC. 10. Be it further enacted by the authority aforesaid, That no person shall be eligible to the position of mayor and councilman unless he is over the age of twenty-one, a citizen of the United States and of Georgia, and shall have resided in the town of Pine Park at least six months before said election. Qualification of mayor and councilmen. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and council shall have the authority to elect a marshal and clerk, and prescribe the duties of each, to fix their salaries and require of them such bond as they may deem necessary. Marshal and clerk. SEC. 12 Be it further enacted by the authority aforesaid, That the officers elected in said town of Pine Park

Page 1044

shall hold their office until their successors are elected and qualified. Terms of office SEC. 13. Be it further enacted by the authority aforesaid, That any vacancy that may occur from any cause in the office of mayor and councilmen shall be filled by the appointment by the remaining members of the council, or by the council in case the vacancy is in the office of mayor from the citizens of the town of Pine Park who are eligible under this charter to hold said office. Vacancies. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor of the town shall receive such compensation for his services as may be fixed by the council, which shall not be increased or diminished during his term of office. Compensation of officers. SEC. 15. Be it further enacted by the authority aforesaid, That said council and mayor shall have the power to make and pass all ordinances, by-laws, rules and regulations that may be necessary for the good government, peace, order and health of said town; and have the enforcement of all powers herein granted provided that they are not repugnant to the laws of the State of Georgia or of the United States. General welfare. SEC. 16. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to levy a tax not to exceed one-half of one per cent on all property, real or personal, subject to the taxation by the laws of the State of Georgia within the corporate limits of said town, for the purpose of paying the expenses of said town government; they shall also have the power and authority to require all persons subject to road duty under

Page 1045

the laws of this State to work on the streets and sidewalks of said town, but they may receive in lieu thereof such commutation fee as said mayor and council may prescribe. Taxation. SEC. 17. Be it further enacted by the authority aforesaid, That whenever anything for which State license is required shall be done within said town, the mayor and council may require a town license therefor and may impose a tax thereon for the use of the town. They shall have the power to license and regulate the management of hotels, private boarding houses, livery stables, private and public transportation through the town, and in addition to the ad valorem tax provided for by law, to levy a tax on billiard tables, ten-pin or nine-pin alleys and tables, and alleys of any kind used for the purpose of playing or with balls or pins, or both, within said town, on all contrivances of whatever kind used for the purpose of gaming or carrying on a game of chance, by selling cards, tickets or numbers, or by turning a reel or wheel, or by using any other artifice or contrivance. They shall also have the power to tax all shows taxed by the laws of the State, which may exhibit within said town, and said mayor and council shall have the full power to pass all ordinances necessary to carry into effect the provisions of this Section. Licenses. SEC. 18. Be it further enacted by the authority aforesaid, That there shall be a lien on all personal property and real estate within said town for all town taxes assessed thereon and for all fines or penalties assessed may be imposed upon the owners thereof by the authorities of said town from the time the same are assessed, which shall have priority over all other liens except for taxes due the State and county and may be enforced in the same manner as

Page 1046

now prescribed by law for the enforcement of the liens for county and State taxes, or in such manner as the mayor and council by ordinance may prescribe. Tax liens SEC. 19. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to provide for the arrest, trial and punishment of offenders against any ordinance, by-law or regulations of said town by fine, imprisonment or work on the streets of said town, one or more of said punishments; provided, said fine shall not exceed fifty dollars, and said imprisonment or time of labor shall not exceed thirty days. Penalties. SEC. 20. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to elect a mayor pro tem. from among the councilmen elected for said town who shall perform all the duties and exercise all the powers of the mayor when from any cause the mayor-elect can not be present to perform the duties of the office. Mayor pro tem. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to provide by ordinance for the collection of all taxes, monies, and fines due said town by execution to be issued by the mayor and executed by the marshal thereof. Collection of taxes, etc. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor shall have the power to try, sentence and punish all offenders against the law of said town; to compel attendance of each witness and to administer oaths, to admit any offender to bail or to commit him to the guard house or county jail. Punitive powers.

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SEC. 23. Be it further enacted by the authority aforesaid, That the mayor of said town shall be the chief executive officer thereof, he shall see that all orders, by-laws, ordinances, Acts and resolutions of the mayor and council are faithfully executed; he shall be an ex-officio justice of the peace in said town and shall exercise all the powers in vested by law in a justice of the peace in reference to the penal laws; he may appoint a special police when he may deem it necessary, of whom he shall have full control, he shall have power to issue all executions for fines, penalties and costs imposed by him as well as for executions for taxes due after the time has expired by ordinance at which they should be paid. Duties and powers of mayor. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the right to provide for the annual return of property both real and personal for taxes by the citizens and tax payers of said town and shall have the right to supervise all the returns thus made and fix a just valuation on all such property subject to taxation in said town; revise said returns and double tax all persons failing or refusing to make return of their property as aforesaid. Tax returns SEC. 25. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to issue bonds for public improvements in said town, subject to limitations and regulations in such cases provided by general law of the State of Georgia. Municipal bonds. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and council upon the petition of the majority of the qualified voters of said town may order an election and submit to the qualified voters of said town the

Page 1048

question of establishing a system of public schools for the town of Pine Park, and if upon the holding of said election after twenty days advertisement at three public places in said town and the official organ of Grady county should a majority of the qualified voters in said town vote for the establishment of a public school system, then the said mayor and council may declare a system of public schools established for said town and said mayor and council shall have the power to devise, design and adopt a system of public instruction in said town under said election and shall have exclusive jurisdiction of all the schools established under said system, and shall be authorized to modify the same from time to time as circumstances may require, to appoint, remove, or support teachers in said schools in their discretion, to fix salaries for such teachers; to prescribe a curriculum in said schools, to make such by-laws, rules, and regulations for the government and control of such schools as they may think proper; and they are hereby empowered upon the adoption of said school system to levy such taxes for the support of such schools upon the property in said town returned for taxation as said mayor and council may deem proper not to exceed one-half of one per cent.; provided, however, that no election under this charter can be ordered by said mayor and council upon the petition of the citizens as herein set forth prior to the first day of October, 1913. Election for public schools. SEC. 28. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council to prepare and furnish the State School Commissioner each year after said school system shall be adopted, a list of all the children of school age within the corporate limits of said town, and the said school commissioner shall pay over

Page 1049

to said mayor and council such portion of said educational funds as said town is entitled to under the general law. Pro rata share of State school fund. SEC. 29. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power of eminent domain to condemn property and to lay out streets, alleys, and public highways within the corporate limits of said town of Pine Park, and in the improvements of streets and the erection of sidewalks the adjoining property owners shall bear one-half the expenses. The same to be enforcible in the same manner that assessment for taxes may be enforced. Power of eminent domain. SEC. 30. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910. PINEVIEW, TOWN OF, SCHOOL LAW AMENDED. No. 362. An Act to amend an Act approved August 22nd, 1907, entitled, An Act to amend the Act approved December 10th, 1902, incorporating the town of Pineview, in the county of Wilcox, so as to change the manner of electing the Secretary and Treasurer of the Board of Trustees for the public schools of said town; to make further provisions as to the duty of the Board of Trustees, and of the Secretary and Treasurer, 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 aforesaid, That the above recited Act of the General Assembly, approved August 22nd, 1907, the same being an Act to amend the Act incorporating the town of Pineview in the county of Wilcox, be and the same is hereby amended in manner and form as follows: Pineview, town of, school law amended. SEC. 2. Amend Section four thereof by adding after the word president in line three, the word and and to strike out the words Secretary and Treasurer from said line three; and by adding after the word Treasurer at the end of line six and before the word shall in the beginning of line seven, the words the present Secretary and Treasurer shall hold his office until the last Saturday in January, 1911, when at the regular election for trustees on that day his successor shall be elected for a term of two years by the qualified voters of the town of Pineview, and every two years thereafter in like manner said voters shall elect a Secretary and Treasurer who shall hold his office for two years and until his successor is elected and qualified, and also to amend said Section four by striking from line six the words shall be fixed by the board, and substituting in lieu thereof the words and figures, to-wit: 2 and per cent. on all sums received, and 2 and per cent. on all sums disbursed. SEC. 3. Be it further enacted, That Section five of said Act approved August 22nd, 1907, be amended by adding after the word town in line three the words and it shall be their duty in conjunction with the Secretary and Treasurer to assess the property for taxation (except the property specified in Section 20 of the Act) as is provided for in Section nine of said Act as amended by this Act.

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SEC. 4. Be it further enacted, That Section nine of said Act approved August 22nd, 1907, be amended by adding after the words Pineview public school in line two the words, together with the Board of Trustees and by adding to line twenty after the word Treasurer the words and said board of trustees; and by adding to line 26 after the words Treasurer the words and said Board of Trustees. SEC. 5. Be it further enacted, That Section 10 of said Act approved August 22nd, 1907, be amended by adding after the word Treasurer [Illegible Text] line two the word and and by striking from said line the word of and by adding after the word Treasurer in line nine the words and said Board of Trustees. SEC. 6. Be it further enacted, That Section 12 of the said Act approved August 22nd, 1907, be amended by adding after the word Treasurer in line four thereof the words and said Board of Trustees. SEC. 7. Be it further enacted, That should for any reason a vacancy occur in the office of Secretary and Treasurer the Board of Trustees shall order an election to fill such vacancy and shall fix the time and place for said election, and shall provide for due notice of said election being given the voters of said town. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910.

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POWDER SPRINGS, TOWN OF, PUBLIC SCHOOLS. No. 401. An Act to create a system of public schools for the town of Powder Springs, in the county of Cobb; to levy a tax and provide a support for same; to create a Board of Education therein, and to define its powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the election shall be held in the town of Powder Springs, in the county of Cobb, as soon after the passage of this Act as the mayor and council thereof may decide, to determine the question of establishing and maintaining a system of public schools in said town. All persons entitled to vote for mayor and councilmen in said town shall be entitled to vote in said election. Said election shall be held under the same rules and regulations as municipal elections of said town are held. Those favoring said public school system shall have on their ballots the words For Public Schools, and those opposing the said schools shall have on the ballots the words, Against Public Schools. Powder Springs, town of. Election for public schools. SEC. 2. Be it further enacted, That if two-thirds of the legal voters of said town entitled to vote in said election shall cast their ballots for public schools at said election, then the mayor and council of said town shall at their next regular meeting thereafter, elect from the freeholders of said town three (3) men who shall compose a Board of Education for said town. The term of one of said board shall expire with the calendar year 1911, and one with the expiration of each succeeding calendar year thereafter. At

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the regular December meeting of the year 1911 of the mayor and council of said town, and annually thereafter, they shall elect a member to said Board of Education who shall hold office for three years and until his successor is elected and qualified. The members of said board shall subscribe an oath on the minutes of the mayor and council to faithfully discharge the duties of their office to the best of their ability. If any vacancy shall occur in said board from death, resignation, or otherwise, the unexpired term may be filled by the mayor and council at any regular meeting thereafter. Board of education. SEC. 3. Be it further enacted, That said Board of Education shall be a body politic and corporate, and known as the Board of Education of the town of Powder Springs. It shall be capable of suing and being sued as such, and empowered to enact such by-laws, rules and regulations, not inconsistent with the laws of this State or of the United States for the government of themselves, the superintendent, teachers, and pupils of said schools, as they may deem proper. Said board is authorized to hold, enjoy, and improve any property, real or personal, that it may acquire by purchase, donations, or otherwise. The members of said board shall elect from their body a president who shall exercise such powers and perform such duties as the board may prescribe. They shall also elect from the citizens of said town a Secretary and Treasurer, who shall hold their office for a term of one year unless sooner removed. They shall pay the Secretary and Treasurer such salary as they may deem proper, not to exceed $25.00 each per year. The Treasurer of said board shall give bond with good security to be approved by the president of the board in such sum as the board may determine and payable to the Board of Education of the town of Powder Springs, for the faithful

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discharge and performance of all his duties as such Treasurer. The Secretary of the Board shall attend the meetings thereof, keep its minutes, and be the custodian of all such books, papers, and documents as may be turned over to him by said board. The board may remove the Secretary and Treasurer, for cause, at any time, and fill any vacancy in either of said offices. No member of council of said town shall be eligible to membership on said board, and no compensation shall be allowed the members of said board. Board of education incorporated. Officers of board. SEC. 4. Be it further enacted, That the board of Education shall establish and maintain in said town one or more schools for white children, and one or more schools for colored children. Said schools shall be separate and distinct and capable of accommodating all children entitled to attend the same. Said board shall supervise, regulate and make said schools efficient, and fix the terms thereof. They shall establish the grades therein, and prescribe the studies and text books thereof; but said schools shall embrace what are known as primary, grammar, and high school grades. Said board shall elect a superintendent and teachers for said schools, fix, and pay their salaries. For sufficient cause they may discharge the superintendent or teachers, and suspend or expel pupils at any time. They shall provide all the necessary conveniences and appliances for said schools, and do all lawful Acts for the proper support and successful operation of said schools. Regulation of schools. SEC. 5. Be it further enacted, That if said election as provided for in Sections 1 and 2 of this Act shall be in favor of public schools, the mayor and council of the town of Powder Springs shall levy and collect a tax annually, in

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addition to that now allowed by law, not to exceed one-half of one per cent. on all taxable property in said town for the purpose of supporting and maintaining said public schools, and said funds shall not be used for any other purpose. Said funds shall be turned over to the treasurer of said Board of Education as fast as collected. School tax. SEC. 6. Be it further enacted, That it shall be the duty of said board to have prepared and furnished to the County School Commissioner of Cobb county each year a list of all the pupils in attendance upon said schools who are entitled to the benefit of the State school fund; and it shall be the duty of said County School Commissioner to pay over to the Treasurer of said board such portion of the educational fund of Cobb county as said pupils are entitled to under the rules of distribution. Said Board of Education shall also provide rates of tuition for all non-resident pupils who may desire to attend said schools, and for pupils residing in said town who are more than eighteen years of age, and for rates of tuition for pupils attending the high school. But no charges shall be made upon pupils between the ages of six and eighteen years whose parents or guardians reside within the corporate limits of said town and who are attending the primary and grammar grades of said schools. The funds raised under the provisions of this and the last preceding Section shall be used by said board for the maintenance and operation of said schools. Said board shall make a report at the end of each scholastic year to the mayor and council of said town, showing the amount of funds received and from what source, and how expended. The mayor and council shall have said report recorded on their minutes and give it such publicity as is usual with their own proceedings. Said Board of Education shall keep a correct and complete record of all their

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proceedings, which shall be open to public inspection at all reasonable times. School funds. SEC. 7. Be it further enacted, If the result of said election shall be against public schools, the mayor and council of said town may in their discretion order other elections to be held, not oftener than one per year, until the result is for public schools. Other elections SEC. 8. Be it further enacted, That all laws conflicting herewith are hereby repealed. Approved August, 1910. POWDER SPRINGS, TOWN OF, CHARTER AMENDED. No. 364. An Act to amend the charter of the town of Powder Springs in the county of Cobb, so as to authorize the mayor and council to pave and curb the sidewalks therein; and to assess and collect one-half the cost thereof from the adjoining properties; to fix the fire limits of said town and to regulate the buildings therein; 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 mayor and council of the town of Powder Springs, in the county of Cobb, are hereby authorized and empowered to improve, pave, and curb the sidewalks of said town with

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brick, cement, rock, and other paving materials; lay and construct curbing on and along the same; and to levy and collect from the adjoining properties one-half of all costs incurred in making such improvements. To this end the said mayor and council are authorized and empowered when such improvements have been made to furnish to the owners of the adjoining lands; or where he is not a resident of said town, to his agent or representative, an itemized statement showing the total cost of making such improvements along said properties; and to call upon such owner or his agent or representative to pay to the proper authority of said town one-half the cost thereof; and in the event such payment is not made within the time specified in said notice, which shall not be less than thirty days from the serving thereof upon the owner, his agent or representative, the mayor and council shall have authority to order execution to issue against said properties for one-half the cost thereof; and such executions shall be issued, levied and enforced in the same manner as now provided by law for the levying and enforcing of other tax fi fas. issued by the authorities of said town. Powder Springs, town of. Street improvements. SEC. 2. Be it further enacted, That the mayor and council of said town shall be authorized and empowered to fix fire limits in said town and to regulate the character, material and construction of the buildings erected therein; and to prohibit therefrom the erection of all buildings which on account of the character of the structure or the material proposed to be used therein are in the opinion of the mayor and council, of an inflammable nature or are calculated to increase the fire risk in said territory. The mayor and council are authorized to adopt appropriate ordinances providing and requiring all persons intending to erect buildings in said territory to make application to the

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mayor and council for a permit therefor, in which the nature, character, and purpose of the building and the material to be used in the erection thereof shall be set forth and to provide penalties for the violation thereof. Fire limits. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved August 5, 1910. RANGER, TOWN OF, INCORPORATED. No. 508. An Act to incorporate the town of Ranger, in the county of Gordon, 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 town of Ranger in the county of Gordon, be and the same is, hereby incorporated under the name of Ranger, by which name it may sue and be sued, plead and be impleaded. Ranger, town of, incorporated. SEC. 2. Be it further enacted, That the corporation of said town shall extend one-half mile in every direction from the point where the public road running from Liberty Church to Ranger, crosses the Louisville and Nashville R. R. tracks, near the depot; said railroad and public road crossing is the center of said town. Corporate limits.

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SEC. 3. Be it further enacted, That said town shall be officered and its corporate affairs be directed and controlled by one mayor and three aldermen, whose terms of office shall be two years, and who shall serve until their successors are elected and qualified, and who shall be elected by the qualified voters of said town, any person residing in said town six months 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 held under this Act, for mayor and alderman, shall be held on the second Saturday in December, 1910, and regular elections for said officers of said town, shall be held every two years thereafter. Said elections shall be held and conducted in the same manner as elections for members of the General Assembly. Mayor and aldermen. SEC. 4. Be it further enacted, That said mayor and aldermen shall elect one of the number clerk, and Treasurer, and may elect a marshal and pay him such compensation as they may fix prior to his election. Officers. SEC. 5. Be it further enacted, That said mayor and alderman shall have authority to cause the roads, streets, lanes and sidewalks of 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 aldermen shall have authority to make any and all by-laws and all 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 any business or profession in said town, with authority to levy and collect said license tax, which are not inconsistent with the Constitution of this State,

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and punish by fine or imprisonment, or work on the streets and roads, or any two of said punishments in the discretion of the mayor or any member of the council trying the case, in the absence of the mayor, and they are hereby given authority to try offenders against the ordinances of said town, and are hereby empowered to punish such offenders by a fine not more than fifty dollars, to imprisonment in the town jail not more than thirty days, or by work on the public roads or streets of said town, not more than thirty days, or by fine and either jail or work on roads and streets. The mayor and aldermen shall have authority to fix the costs in all cases of violations of the ordinances of said town and upon conviction, said costs shall be taxed against the offender so convicted. Corporate powers. SEC. 6. Be it further enacted, That the mayor and in his absence any member of the council, shall preside over the council and the presiding officer shall not vote except in case of a tie vote. Council. SEC. 7. Be it further enacted, That the mayor and aldermen shall have authority to levy and collect taxes for the support of the government of said town, not to exceed ten cents on one hundred dollars worth of property in the town of Ranger. And they shall fix the compensation of the mayor, aldermen and all other employees of said town. Taxation. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910.

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RIVERDALE, TOWN OF, CHARTER AMENDED. No. 510. An Act to amend an Act entitled An Act to incorporate the town of Riverdale in Clayton county, to prescribe its limits, to provide for a mayor and council of said town, and to prescribe their duties and powers and the manner of their elections, to provide for the government of said town, and for other purposes, approved July 30, 1908, so as to authorize the enforcement of ordinances, rules and regulations by labor on the streets and public works of said town also, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 8 of the above recited Act be, and the same is, hereby amended by adding at the end thereof the following: Or by labor on the streets and public works of said town not exceeding sixty days. The collection of any and all fines may be enforced by execution and the levy and sale of property, as provided for the collection of taxes, so that said Section when amended shall read as follows: Section 8. Be it further enacted, That said mayor and aldermen of said town shall have power to enforce its ordinances, rules and regulations by fine not exceeding fifty dollars, or imprisonment not exceeding thirty days, or by labor on the streets and public works of said town not exceeding sixty days. The collection of any and all fines may be enforced by execution and the levy and sale of property, as provided for the collection of taxes. Riverdale, town of. Punitive powers.

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SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910. ROBERTA, CITY OF, INCORPORATED. No. 319. An Act to incorporate the city of Roberta, in the county of Crawford; and to prescribe its limits; to proide for the election of mayor and aldermen, and other officers of said city of Roberta; 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 property formerly held and owned by the town of Roberta shall be and become the property of the city of Roberta, 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 inhabitants of the territory hereinafter defined are hereby incorporated under the name and style of the city of Roberta, 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 court 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

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of the limits of said city of Roberta as hereinafter defined; and the mayor and aldermen of said city of Roberta may sell or otherwise dispose of any such property for the benefit of said city as said mayor and aldermen may deem proper. Said mayor and aldermen shall have 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 Roberta; and on said municipal authority is conferred the power to grant franchises to a person or persons, firm or firms, or corporations 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 authority for said term or terms of years. Roberta, city of, incorporated. SEC. 2. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the corporate limits of the city of Roberta shall extend one thousand yards in each and every direction from the center of the south end of the Southern depot as it now stands in said city of Roberta; that is to say, the corporate limits of said city shall form a perfect circle around the city. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of the said city of Roberta shall consist of and be vested in a mayor and five aldermen; that John S. Sandefur, mayor, and J. H. Lowe, B. F. Walker, W. J. Watson, S. B. Causey and J. C. Bond as aldermen shall constitute the first mayor and aldermen of said city, and shall remain in office until the first Wednesday in December, 1910, or until their successors are elected and qualified; and said mayor and aldermen shall exercise

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all the powers and authorities conferred upon the mayor and aldermen of said city of Roberta created by this charter; and on the first Wednesday in December, 1910, and annually thereafter, a mayor and five aldermen shall be elected and they shall serve for a term of one year and until their successors are elected and qualified. Mayor and aldermen. SEC. 4. Be it enacted by the authority aforesaid and is hereby enacted by the authority of the same, That no person shall be eligible as mayor or alderman of the city of Roberta unless he shall have attained the age of twenty-five years, and has been a bona fide resident of said city for one year prior to the election, and is a qualified voter. The persons elected shall be notified by the managers and they shall on the following Thursday next after the election, or as soon as may be practical, take the oath of office before some person authorized to administer oaths; which oath shall be in writing and entered on the minutes, and shall be as follows: I, __________ do solemnly swear that I will well and truly perform the duties of mayor or alderman of the city of Roberta by adopting such measures as in my judgment would be best calculated to promote the general welfare of said city, and not in violation of the charter. Qualifications of mayor and aldermen. SEC. 5. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to elect from their number a mayor pro tem., who shall have the same power and authority as are given the mayor, if for any reason the mayor cannot or will not act. Mayor pro tem. SEC. 6. Be it further enacted by the authority aforesaid, That in case of a vacancy of the office of mayor or among the members of the board of aldermen, either by

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death, resignation, failure to elect, removal from office, removal from the city, or from any other cause, the board of aldermen shall within twenty days order an election by the qualified voters of said city for the purpose of electing a mayor or alderman to fill such vacancy. Vacancies. SEC. 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That all questions before the board of aldermen, the mayor shall be entitled to vote only in case of a tie vote by the aldermen of said city of Roberta. Mayor's vote. SEC. 8. Be it enacted by the authority aforesaid and it is hereby enacted by the authority of the same, That the mayor of said city of Roberta, or in his absence or disqualification, the mayor pro tem. presiding in the municipal court in said city of Roberta, shall have authority to bind over to the proper tribunal or commit to jail offenders against any of the criminal laws 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 sheriff of the county of Crawford to receive all such persons committed to the county jail of said county by the mayor or mayor pro tem. of said city of Roberta, and safely keep them until discharged by due process of law. Powers of mayor. SEC. 9. Be it enacted by the authority aforesaid and is hereby enacted by the same, That the mayor, or in his absence 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 Roberta, a mayor's court for said city, and shall have the right to impose such fines and

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penalties for violations of the city ordinances as may be prescribed therein; said fines not to exceed the sum of five hundred dollars, or to impose a sentence of imprisonment in the city prison or labor on the public works and streets of the city of Roberta, either one or both in the discretion of the mayor or mayor pro tem., not exceeding twelve months. Mayor's court. SEC. 10. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor, mayor pro tem., and each member of the board of aldermen of the city of Roberta shall be clothed with all the authority and power of a justice of the peace so far as to enable any of them to issue warrants for offenses committed within the corporate limits of the city of Roberta, to suppress riots or breaches of the peace, arrest, confine, commit or bind over offenders against the laws of this State to answer to such offences before the proper tribunal. Police powers. SEC. 11. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the aldermen of the city of Roberta shall be incompetent to hold any other municipal office in said city during the term of office to 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 alderman 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 alderman. Terms of office.

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SEC. 12. 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 board of aldermen of the city of Roberta to vote upon any question brought before the aldermanic board in which he is personally interested; and any alderman voting upon any question in which he is personally interested shall be liable to impeachment and dismissal from office. Graft prohibited. SEC. 13. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That any person holding office under the municipal authority of the city of Roberta 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 such person be capable of holding or having any interest in such contract either by himself or by another, directly or indirectly. Graft prohibited. SEC. 14. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor, or in his absence the mayor pro tem., and three aldermen of the city of Roberta shall constitute a quorum for the transaction of any business before the said mayor and aldermen. Quorum of council SEC. 15. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and aldermen shall have the authority to fix the time and place of holding regular monthly meetings of aldermen and shall give due and public notice thereof. Meetings of council. SEC. 16. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and aldermen of the city of Roberta shall have full power and authority

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to pass all ordinances respecting the streets of said city; to open and lay out same; also respecting public buildings and public wells; also itinerant traders and peddlers; the 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 thereof; also to regulate the speed of trains, automobiles, motorcycles, or any other vehicle propelled by steam, gasoline, electricity or horse power within the corporate limits of the said city of Roberta. Corporate powers. SEC. 17. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That one aldermanic board cannot bind itself or its successors so as to prevent free legislation in matters of municipal government. Legislation. SEC. 18. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the municipal corporation of the city of Roberta 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. 19. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and aldermen of the city of Roberta shall have power to organize a workgang, 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 by said city, and shall have power to make all rules and regulations that may be suitable, usual

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or necessary for the government, discipline and control of such working gang and to enforce same through its proper officers. Chaingang. SEC. 20. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and aldermen of the city of Roberta shall have power to fix and establish fire limits within the limits of the city of Roberta, and when established it shall not be lawful for anyone to build or erect other than fireproof buildings or structures of any kind without the consent of the aldermanic board previously obtained. Said mayor and aldermen shall have power to cause any stove, stovepipe or other thing that will endanger the city as to fire to be removed or remedied as their prudence may direct. Fire limits. SEC. 21. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and aldermen of the city of Roberta shall have power to take up and impound any horse, mule, 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. 22. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the mayor and aldermen of the city of Roberta shall, at their first meeting in each year elect a marshal or chief of police and any other member of the police force which, in their opinion, may be necessary to protect the lives and property of the citizens of Roberta. At said first meeting the mayor and aldermen shall also elect a clerk of council who shall be ex-officio treasurer; also a city attorney, should the mayor and aldermen

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deem it 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 said mayor and aldermen shall have power to fix the fees or salaries of said officers, and when so fixed, shall not be increased (or diminished) during their term of office. Said mayor and aldermen shall have right to take the bonds, to prescribe the duties, and to administer oaths and to remove from office for breach of neglect or incapacity to discharge the duties, at their discretion, any officer elected by them. Municipal officers. SEC. 23. 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 of its regular and called meetings, to keep a correct, fair and full account of all the proceedings of the council, to attend all the sessions of the mayor's court and keep a 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 council shall give a bond with good and sufficient security to be approved by the mayor and aldermen, in the sum of not less than five hundred dollars. That it shall be the duty of the mayor and aldermen to increase the bond of said clerk from time to time as they may think best for the city of Roberta; said bond to be made payable to the mayor of the city of Roberta and his [Illegible Text] in office, who are hereby authorized to bring suit thereon. Said clerk and ex-officio treasurer of the city of Roberta 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 was elected. The clerk of council and ex-officio treasurer shall keep all monies

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in his hands belonging to said city on deposit in some bank in said city, subject to the directions of the said mayor and aldermen of said city of Roberta. Clerk of council. SEC. 24. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and aldermen of the city of Roberta shall have full power and authority to remove or cause to be removed any buildings, steps, fences, posts or other obstructions or nuisances on the public streets, lands, sidewalks or other public places in said city. They have power to license all drays or other vehicles and of regulating the terms on which license shall be granted, and of declaring the license void when said terms are not complied with. The mayor and aldermen of the city of Roberta shall also have power to abate all nuisances or anything injurious to the public health 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 aldermen aforesaid on the application of the party injured. Control of streets. SEC. 25. Be it further enacted by the authority aforesaid, and is hereby enacted by the same, That the mayor and aldermen of the city of Roberta shall have sole power to grant license in said city and to fix the price of such license and terms and regulations on which same may be granted; provided, however, that the mayor and aldermen of the city of Roberta shall never have power to license the sale of spirituous, malt, vinous, alcoholic or intoxicating liquors or beers of any kind in said city of Roberta; and provided, further, that the mayor and aldermen of the city of Roberta shall not have the right to grant license to any person or persons or corporation running billiard, bagatelle or pool table, or table of like character; nor license to

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pawn brokers within the corporate limits of the city of Roberta. Licenses. SEC. 26. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That where in the exercise of police powers a license is issued, same shall not be considered a contract, but only a permission granted by the city of Roberta to enjoy the privileges for a time specified and on terms then stated, and the mayor and aldermen of the city of Roberta may for cause at any time revoke or abrogate said license and declare same null and void. Revocation of license. SEC. 27. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the mayor and aldermen of said city of Roberta shall have the power to authorize by ordinance the marshal, chief of police, or any police 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 or any law of said State, and any person or persons failing or refusing to obey said summons shall on conviction before the mayor or mayor pro tem., be fined not exceeding one hundred dollars or imprisoned not exceeding sixty days. SEC. 28. Be it enacted by the authority aforesaid, and 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 Roberta, 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 to the city of Roberta. Horse racing. SEC. 29. Be it enacted by the authority aforesaid, and is hereby enacted by same, That the mayor and aldermen of said city of Roberta shall have the power to regulate

Page 1073

the speed of automobiles within the corporate limits of said city of Roberta, and any person either by himself or any person acting for the owner of such automobile violating the speed limit shall forfeit and pay on being convicted thereof the sum of twenty-five dollars to the city of Roberta. Regulations of automobiles. SEC. 30. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That all applications for a writ of certiorari to review the judgment of the mayor or mayor pro tem. of the city of Roberta shall be made to and sanctioned by the Judge of the Superior Court and filed in the office of the clerk of Crawford 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 controls applications for certiorari from justice courts. Certiorari. SEC. 31. Be it enacted by the authority aforesaid, and is hereby enacted by same, That on the first Wednesday in December, 1910, and annually thereafter, the mayor and aldermen shall appoint three citizens of the city of Roberta who shall hold and superintend the election for mayor and aldermen for said city of Roberta; the persons so appointed must be a freeholder justice of the peace or notary public, and before entering upon their duties as managers or superintendents of any 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 will make a just and true return thereof and we will not knowingly permit anyone 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 anyone from voting

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who is by law entitled. To be signed by each in the capacity in which he acts. Said oath may be administered by any officer in Crawford county qualified to administer oaths, or by each to the other. Said managers shall keep two lists of voters and two tally sheets. Election managers. SEC. 32. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the polls of said election shall be opened from eight o'clock a. m. until four o'clock 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; and shall make certificates of the results 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 and deposit same 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 aldermen and others interested. The clerk of said city council shall election is held, and give to those elected a certificate showing the same. Elections. SEC. 33. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That all persons who shall have paid all taxes legally imposed by the city authorities; who may have been bona fide residents of said city for six months previous to the time when the election is held; and who are qualified to vote for members of the General Assembly of Georgia, shall be electors, and be entitled to vote at said election; and no others shall be qualified to vote therein. Voters. SEC. 34. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the mayor and aldermen,

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preceding their appointment, shall fix the compensation of the managers of the election of said city as well as designate where the same shall be held. Fees of election managers. SEC. 35. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the mayor and aldermen 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 violations 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 disease. Board of Health. SEC. 36. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the mayor and aldermen of the city of Roberta 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. Control of streets. SEC. 37. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That it shall be the duty of the mayor and aldermen 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 encroachment upon said streets, lanes or alleys. Street encroachments. SEC. 38. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the mayor and aldermen shall have power and authority to pass all laws and ordinances concerning the streets in said city, 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

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work; to provide a penalty against persons failing or refusing to work said street or pay the street tax instead of such work. Streets tax. SEC. 39. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the mayor and aldermen of the city shall have power and authority to open, lay out and widen streets or otherwise change any of the streets, lanes or alleys in said city of Roberta, whenever said mayor and aldermen shall see proper to exercise this power. Opening streets. SEC. 40. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That if it shall be necessary to take private property to carry out said power, the mayor and aldermen shall appoint two freeholders and the person or persons whose property will be taken shall upon five days notice to appoint two freeholders, and the four freeholders so chosen shall proceed to assess the damage sustained by the person or persons whose property will be taken; provided, if said four freeholders shall fail to agree they shall select an umpire, and the five shall act in assessing the damages, a majority of the five shall decide, and provided, further, that if the 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 mayor and aldermen, unless they cannot agree, in which last case said two freeholders shall call in an umpire who shall be a freeholder and they three shall act in assessing the damages. And upon the payment, or in case of the refusal of the payment, then upon the tender of the award of the assessors, the work upon such streets, lanes or alleys in said city shall proceed. Condemnation for streets.

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SEC. 41. 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 aldermen shall have the right to enter an appeal to the Superior Court of Crawford county within four days from the time the award of said assessors is filed with the clerk of council. Appeals from awards. SEC. 42. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That when the award of 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 aldermen shall then pay to the property owner the damage so assessed, and the title to the property so taken shall vest in said mayor and aldermen in fee simple; provided, that the said mayor and aldermen 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 aldermen shall be discharged from any and all liability on account of any award, assessment or judgment that may have been rendered in favor of said property owner, except court costs, when there has been an appeal. Payment of awards. SEC. 43. Be it enacted by the authority aforesaid, and 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 Roberta, the said mayor and aldermen shall be authorized to levy and collect an ad valorem tax on all property both real and personal in the said corporate

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limits of said city, not exceeding one-half of one per cent. thereon for general purposes. Ad valorem tax. SEC. 44. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That it shall be the duty of all taxpayers and owners of property other than real estate in the city of Roberta, 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 aldermen together with the clerk of council shall have power to supervise all returns made by the taxpayers and if in their opinion any such returns are incorrect in fixing the value of the property, then to correct any such returns thus incorrectly made by fixing or assessing such higher values 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. 45. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That if any taxpayer or owner of property other than real estate shall fail or refuse to make his, her or their returns within the time prescribed by the mayor and aldermen of the city of Roberta, said mayor and aldermen shall have full power and authority either by themselves or their authorized agents to make a just valuation on all of such property not returned, and collect double tax on same. Assessments. SEC. 46. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That said mayor and aldermen 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

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to pay his, her or their general ad valorem tax or city tax within the time prescribed by said mayor and aldermen. Double tax. SEC. 47. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the mayor and aldermen of the city of Roberta shall have power to tax all theatrical performances, circuses, concerts, menageries, legerdermain performances, hypnotists, lectures, (giving discretion to the mayor, however, to relieve lectures and concerts by home talent,) panaramas, moving picture shows or stereopticon views, or any other performances, exhibitions, shows of entertainments of whatsoever kind given for profit within the corporate limits of the city of Roberta. Specific taxes. SEC. 48. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the mayor and aldermen of the city of Roberta 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, 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. 49. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That the said mayor and aldermen shall have full power and authority to provide by ordinance for a proper return or register for taxation

Page 1080

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 may deem proper. Registration of business SEC. 50. Be it enacted by the authority aforesaid, and 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 taxpayers from the first day of Jonuary of the year when levied, and shall be due and payable at such times as the said mayor and aldermen 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. 51. Be it enacted by the authority aforesaid, and 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 work companies within the corporate limits of the city of Roberta 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 pro rata part of the municipal taxes of said city of Roberta. Tax on corporate property. SEC. 52. Be it enacted by the authority aforesaid, and is hereby enacted by the same, That all other corporations within the city of Roberta not herein before 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 be assessed for taxation. Tax on capital stock.

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SEC. 53. 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 or the marshal of the city of Roberta, as the case may be, against the estate, real and personal, of the defaulter, and the chief of police or marshal, as the case may be, shall proceed to levy the same and after advertising for thirty days, provided, said execution is levied upon real estate, shall sell property levied on, or so much as may be necessary, before the court house door of the county of Crawford on a regular sheriff's sales day, and between the legal hours of sheriff's sales, and shall make to the purchaser a deed to said property, which shall be effectual to pass the title to the same. Collection of taxes In case the levy is upon personal property, the chief of police or the marshal of said city, as the case may be, then said levy shall be advertised by posting a notice of such sale at the court house door in said city of Roberta ten days prior to such sale. Such sale shall take place between the hours of ten o'clock a. m., and four o'clock p. m., before the court house door in said city. The proceeds of any such sale by the chief of police or marshal shall first be applied to the payment of said execution, principal, interest and costs, and the remainder, if any, shall be paid to the defendant in execution. SEC. 54. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That when any real estate is sold as provided in this Act by the marshal or chief of police of said city, for taxes, the same may be redeemed at any time within twelve months after the sale by the defendant in tax fi fa. his heirs or personal representatives,

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or by any tenant in common, re-mainder-man or other person having an interest in such property; such property may also be redeemed by the holder of any mortgage judgment, lein or other interest in said property or by any creditor of the defendant in fi fa. Redemption of property. SEC. 55. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That whenever at any such sale by said city of Roberta 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 city may bid off such property for the city; and the chief of police or other officer making such sale shall make the city a deed to the property so sold and deliver the same to the officer designated by the city to receive it; and the title acquired by the city 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 owners. City may buy at tax sales. SEC. 56. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and alder men of the city of Roberta shall have full power and authority to pass appropriate ordinances and by-laws to carry the last three Sections of this Act into effect. Ordinances. SEC. 57. Be it enacted by the authority aforesaid, and 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 3, 1910.

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ROBERTA, TOWN OF, CHARTER REPEALED No. 318. An Act to repeal An Act to incorporate the town of Roberta, in the county of Crawford; to prescribe its limits; provide for mayor and councilmen and other officers of said town; and for other purposes, approved 26th, day of December 1890; 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 town of Roberta, in the county of Crawford; to prescribe its limits; provide for the mayor and councilmen and other officers of said town; and to prescribe their powers and duties, and other purposes, approved 26th, day of December 1890, and all Acts amendatory thereof be and the same are, hereby repealed. Roberta, town of, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act, repealing an Act in corporating the town of Roberta 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 Roberta, in the county of Crawford; to prescribe its limits, and to provide for the election of mayor and aldermen and other officers of said city of Roberta; to prescribe their powers and duties and the manner of their election, and to declare and provide for the police force of said city, and to provide for all matters of municipal concerns and cognizance, and to provide that all property formerly held and owned by the town of Roberta shall be and become the property of the city of Roberta.

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SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are, hereby repealed. Approved August 3, 1910. ROSSVILLE, CITY OF, CHARTER AMENDED. No. 391. An Act to amend the charter of the city of Rossville, in Walker county, Georgia, authorizing and empowering the citizens of said city of Rossville, Georgia at their annual elections first Saturday in December in each year to elect one marshal, three tax assessors and one tax collector who shall be clerk of the city council and tax collector also. Also to authorize and empower the mayor and city council of Rossville, Georgia, to levy and collect not exceeding twenty-five cents on the one hundred dollars, upon all property, real and personal within the corporate limits of said city for school purposes, in addition to the per capita already allowed. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the charter of the city of Rossville, Georgia, in Walker county, embodied in one Act approved August 24, 1905, and the other Acts amendatory thereof be, and it is hereby amended in the following particulars: Rossville, city of. SEC. 2. Be it further enacted, That instead of the mayor and council electing the marshal as heretofore, he shall be elected by the citizens of said city on the first Saturday in December annually. Marshal, election of.

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SEC. 3. Be it further enacted, That on the first Saturday in December annually the citizens of said city shall elect three tax assessors, who shall be competent citizens, living in, and owning real estate in said city. Tax assessors. SEC. 4. Be it further enacted, That on the first Saturday in December annually, the citizens of said city shall elect the clerk of the city council, who shall also be the city tax collector of all kinds of taxes. Clerk of council and tax collector. SEC. 5. Be it further enacted, That the adjustment of tax assessments shall be adjusted by arbitration as provided by the laws of this State in such matters. Tax assessments. SEC. 6. Be it further enacted, That all city officials of the city of Rossville, Georgia, who hold an office of profit and trust, shall make a solvent bond in double the amount of the trust, and their pay to be fixed by the mayor and council. Official bonds. SEC. 7. Be it further enacted, That the mayor and council shall have power and authority to levy and collect not exceeding twenty-five one hundredth ([UNK]) of one per cent. upon all property, real and personal within the corporate limits of said city for school purposes in addition to the per capita tax already allowed. School tax. SEC. 8. Be it further enacted, That at the first regular meeting in January annually, the mayor and council shall cause the clerk and treasurer of said city to render a correct report of all monies collected the year previous and from what source, and also a correct report of all monies disbursed the year previous and to what account. Financial reports.

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SEC. 9. Be it further enacted, That all laws and parts of laws in conflict with the above and foregoing be, and the same are, hereby repealed. Approved August 10, 1910. ST. MARYS, CITY OF, NEW CHARTER. No. 552. An Act to amend, consolidate and supersede the several Acts incorporating the city of St. Marys, in the county of Camden, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city of St. Marys, heretofore incorporated under the laws of Georgia, shall from and after the passage of this Act be known by the corporate name of the City of St. Marys, and by that name be, and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State; and the said city of St. Marys created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal of corporation, make and enact through its board of aldermen, who shall compose the city council, such ordinances, rules and regulations, and resolutions, for the transaction of its business and the welfare and proper government of said city, as to said city council may seem best, and which shall be

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consistent with the laws of the State of Georgia and of the United States, and said city of St. Marys 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 said city, for corporate purposes. They shall have special powers in such capacity to make all contracts which said council may deem necessary for the welfare of said city or its citizens; to assess values of property, levy and collect taxes therein; to declare what is a nuisance, and remove nuisances. Said council shall have full control and power over streets, lanes and alleys of the city, 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 legal government of said city, and to declare what act or things shall be lawful. St. Mary s, city of. Corporate name and powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the city of St. Marys shall be prescribed as follows: Corporate limits. Beginning where Boundary street intersects with Mahan street; thence East along the North side of Boundary street to North River; thence Eastward along the East shore of North River to St. Marys River; thence due South to the line of Florida; thence Westward along the line of Florida to a point opposite the foot of Mahan street in St. Marys River; thence due North to the aforesaid foot of Mahan street; thence North along the West side of Mahan street to the place of beginning.

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SEC. 3. Be it further enacted by the authority aforesaid, That the government of said city of St. Marys shall be vested in a council composed of a mayor and six aldermen. L. Johnson shall be mayor of said city until January first 1912, and until his successor shall be chosen as hereinafter provided. L. M. Vocelle, J. R. Bachlott and J. S. Russell shall be three of the aldermen of said city until January first 1912, and until their successors shall be chosen as hereinafter provided; J. H. Banks, W. H. Mullin and W. P. Beally shall be three aldermen of said city until January first 1913, and until their successors shall be chosen as hereinafter provided; and all the ordinances, rules and regulations of the old corporation of the city of St. Marys not repugnant to this charter, are continued in full force and effect until the same are repealed, annulled, amended, changed or modified by the city council of St. Marys; and all officers elected or appointed by the mayor and councilmen of the old corporation of the city of St. Marys shall continue to hold their offices and discharge their duties until the expiration of the term for which they were elected or appointed, and until their successors are elected, unless sooner suspended, removed or discharged by the city of St. Marys. Mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Thursday of December 1911, an election shall be held for a mayor and three aldermen, the mayor shall be elected for a term of one year and the three aldermen shall be elected for a term of two years to fill the place of the three aldermen whose term of office expires on January first 1912, according to the provisions of this Act; That on the first Thursday of December 1912, and annually thereafter an election shall be held for the election of a mayor for the term of one year and three aldermen for a

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term of two years, said aldermen elected on said date to fill the place of the three aldermen whose term expires on January first 1913, according to the provisions of this Act; That the term of office of all of the city council shall begin on January first next after their election as provided by this Act. That if a vacancy occurs in the office of mayor or aldermen by removal, resignation, death or failure to qualify, the city council themselves shall select some proper person for said vacancy and by resolution declare him chosen to fill the vacancy. Election of mayor and aldermen. SEC. 5. Be it further enacted by the authority aforesaid, That no person shall be chosen, or be eligible to the office of mayor or aldermen, unless he be a citizen of said city, a freeholder and taxpayer in said city, and who shall have resided in the State one year and in the city six months, immediately preceding his election, and who is a qualified voter in municipal elections for officers of said city, and entitled to register under the registration laws of force in this State. Qualification of mayor and aldermen. SEC. 6. Be it further enacted by the authority aforesaid, That the mayor and mayor pro tem. while acting as mayor, shall not have the right to vote upon any question before the council except in case of a tie; but said mayor or mayor pro tem. shall have the right to veto any resolution or ordinance adopted or enacted by the council, which veto must be filed with the clerk in writing, together with his reasons therefor, within four days 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 council at the first or second regular meeting of council after said veto, and not thereafter; provided, however, that within

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two days after said veto, is exercised the mayor or mayor pro tem. as the case shall be, shall call a special meeting of council, and if all the aldermen, or all save one 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. 7. 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 member of the aldermen chosen by the city council shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties for the time being; provided, however, that the mayor pro tem. shall be chosen always by the city council at their first meeting held after an election and qualification of the mayor and new councilmen as provided in this Act. Mayor pro tem. SEC. 8. 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 city council at its regular or any call meeting, and that a majority of the votes shall determine all questions and elections before the council, except in case of a veto. Said city council shall hold regular meetings at least once 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 mayor pro tem. for special purposes, or when requested to do so by a majority of the council. Said 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. Quorum of council, meetings.

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SEC. 9. Be it further enacted by the authority aforesaid, That the mayor, mayor pro tem. and each alderman, before entering upon the discharge of their respective duties, shall take and subscribe to before some officer authorized by law to administer oaths in this State, an oath to faithfully and uprightly discharge the duties of their respective offices, and as in their judgment shall best promote the general welfare of the inhabitants of said city and the common interests thereof, which oath shall be entered of record upon the minutes of the council. Official oath. SEC. 10. Be it further enacted by the authority aforesaid, That every citizen of the city of St. Marys, who has qualified at the last general election next preceding, any city election, to vote for members of the General Assembly, and who has also registered in compliance with the laws and ordinances of said city, and shall have paid all taxes which may have been required of him by said city, and paid all fines, licenses and business taxes required of him by said city, shall be qualified to vote at any election held in the city of St. Marys for any purpose whatsoever. Voters. SEC. 11. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this charter, and all elections in which any subject is submitted to the qualified voters of the city of St. Marys, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, all of whom reside in the city of St. Marys, and each of said managers, before entering upon his duties shall take and subscribe before some competent officer, or before one of their number, the following oath; We, and each of us do swear that we will well and faithfully and impartially conduct this election, and prevent illegal voting, to the best of our skill and

Page 1092

power. So help us God. Said managers shall keep or cause to be kept, two lists of voters and two tally sheets. All elections shall be held at the city hall or council chamber in said city, and shall be 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 officers shall be declared elected. The managers of all elections held under the provisions of this charter shall be chosen by the city council, who shall provide for the pay of managers and their clerks; provided, however, if the managers as chosen fail to act, then the mayor or mayor pro tem. shall appoint other managers. All the provisions of this Section shall apply to any primary elections held in said city, except party of color qualifications. Election managers. SEC. 12. Be it further enacted by the authority aforesaid, That said mayor and council shall provide by ordinance, for the registration of all legal voters in said city, for the punishment for illegal voting and registration, when the registration book shall be opened, by whom kept, and when it shall be closed. Registration of voters. SEC. 13. Be it further enacted by the authority aforesaid, That in case the vote of any elector is challenged, or the managers have any reasonable doubt as to the qualification of any voter, they shall administer to said voter the following oath: You do swear that you were qualified to vote for members of the General Assembly at the last election held in this State, or that by reason of youth you have become qualified since said election; and that you have paid all taxes legally required of you, and all fines imposed, and all licenses demanded by said city of St. Marys, So help you God. Oath of voter.

Page 1093

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 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 mayor and aldermen shall have full power and authority to provide by ordinance for the mode and manner of contesting elections for mayor and aldermen of said city, 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. 16. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city are hereby authorized and empowered to elect annually, and for the term of one year, unless sooner discharged, a clerk, tax collector, treasurer, chief of police, and as many policemen as they think necessary, a board of health, sanitary inspector, building inspector, chief of fire department, city physician, recorder, city attorney and tax assessor, and so many of said officers and such other officers, including cemetery keeper, as they may deem necessary and proper, fix the salaries of said officers, 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 aldermen shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the mayor and aldermen at any time they see fit to make such

Page 1094

suspension, removal or dismissal, and no officer so dismissed or removed shall perform any further duties of the office from which he was removed. The mayor and aldermen in 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 so soon thereafter as possible. Officers. SEC. 17. Be it further enacted by the authority aforesaid, That it shall be the duty of the city clerk to collect and keep subject to the direction of the city council, all moneys due and belonging to the city, except at hereinafter otherwise provided; to be the custodian of the books and records of the city; to attend and preserve the minutes of all the Acts and doings of each meeting of the council; to be ex-officio clerk of the police court, of the board of tax assessors, of the board of health, of the city, 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 city council. Before entering upon his duties he shall execute such bond, with good and sufficient security in an approved security company, (the premiums to be paid by the city), conditional upon the faithful discharge of his duties, in such sum as may be required of him by the city council. He shall make quarterly reports to the city council of all receipts and disbursements in detail, and each of said reports shall be published in a newspaper in said city, if any be published therein, unless said newspaper and the city council cannot agree upon the charges for said publication in which event they shall be posted at the city hall or council chamber. He shall also make to the council an annual report, and furnish full proceedings at any time

Page 1095

of any meeting of the council for publication when requested so to do, by said body. Clerk of council. SEC. 18. 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 paid out and of all sums received, to whom paid and from whom received, and shall give a receipt for all sums received, and shall take a receipt for all sums paid out, which books and receipts shall at all times be subject to the inspection of any citizen 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 the city. The duties of the treasurer are such as are usually or which may be required of him by the ordinances of said city. Before entering upon the discharge of his duties he shall execute such bond and in such sum as may be required of him by the city council, with good and sufficient security to be appointed 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. The office of city treasurer and clerk may be consolidated in the discretion of the council. Treasurer. SEC. 19. Be it further enacted by the authority aforesaid, That at the first regular meeting in each year of the new city council they shall elect some competent attorney of the city of St. Marys as city attorney to hold his office for one year and until his successor is elected and qualified. He shall when requested attend all meetings of the city council, give, when requested, his legal opinion to the mayor or city council, or the head of any of the city departments on any official matter; represent the prosecution in any

Page 1096

matter in the police court when requested so to do by the mayor or other presiding officer of the police court, and to perform such other duties incident to his office as may be required of him by the proper authorities. City attorney. SEC. 20. Be it further enacted by the authority aforesaid, That all other officers elected or appointed by the city council shall take such oaths and give such bonds as they may be required so to do, and also perform such other duties as they may be required to do by the ordinances, rules and regulations of the city council and to otherwise conform to all requirements made by the city council governing such offices. Oaths and bonds of officers. SEC. 21. Be it further enacted by the authority aforesaid, That the said mayor and city council shall have the right and power in order to raise necessary revenue to properly carry on the government of said city; to build sewers, procure water supplies; to make, open, grade, repair and keep in order the streets and bridges of said city; to light the same; to properly police same; to pay salaries, costs and expenses of the city officers and employees; to establish 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 debts of the city, for educational purposes, for cemetery purposes, for hospital and charity institutions, for the care of the poor, for the establishment and maintenance of necessary squares and parks, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment and for all such other purposes as will tend, in their judgment to add to the comfort, safety, convenience, benefit, health, advantage, of said city and its citizens, and

Page 1097

for the natural improvement of said city, as may in their best judgment be necessary, and for all other purposes in order to properly carry on the city government as herein indicated, and not forbidden by law, to levy and collect a street tax or capitation tax on male inhabitants of the city subject under the law to pay such tax, also a tax not to exceed one per cent. on all the property within the corporate limits of the said city, 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 city council, may deem necessary and proper upon all trades, business, callings, professions, sales, labor, and pursuits, which are legal subjects of taxation and may enforce the payment of the same by license or direct tax in such manner as they may determine to be best and most advantageous. Taxation. They may also impose, assess, levy and collect taxes on capital invested in said city, on stocks of corporations, choses in action, and on such incomes and commissions derived from the pursuits of any profession, trade or calling, banks, express, insurance and other corporations, associations, agencies, and all other property and sources of profit as are not expressly prohibited or exempted by the laws of this State or the United States, but all taxation on property shall be uniform on the same class of subjects and ad valorem on all subjects to be fixed by the city. Each and every itinerant trader, irregular or occasional dealer, his or their agents or consignees, who shall neglect or refuse to render in the amount of goods, wares and merchandise sold by him or them which is subject to be taxed by the ordinances of the city, immediately after the sale of the same, and pay a sum in the discretion of said mayor and city council as a tax thereon, shall forfeit and pay a sum in the discretion of the mayor and council, not to exceed

Page 1098

one hundred dollars, for which execution may issue and be collected as other executions of said city are issued and collected. All persons subject to taxation who shall refuse or neglect to render in his, or her, or their property, or pay the tax on the same when required by the ordinances of the said city council, may be proceeded against by having their property double taxed, and by execution in the same manner and according to such rules and ordinances as may be adopted by said mayor and city council to enforce the collection of taxes. SEC. 22. Be it further enacted by the authority aforesaid, That at the first meeting of each year after the newly elected aldermen qualify, or as soon thereafter as practicable, the city council shall elect three freeholders of said city as tax assessors, whose duty it shall be to receive the tax returns of said city on property. Said tax assessors shall hold their offices for one year. All vacancies occurring on said board shall be filled by the city council. Said assessors, before entering on the discharge of their duties, shall take and subscribe to an oath to faithfully and fearlessly perform the duties of their office. Tax assessors. SEC. 23. Be it further enacted by the authority aforesaid, That it shall be the duty of every citizen and property owner, and they are hereby required, to make annual returns under oath to said board of assessors within the time prescribed by said assessors, of a full and complete schedule of all their taxable property held in their own right and in behalf of others; and in case any person shall fail or refuse to make such returns, or shall make any return deemed by the board of assessors incorrect, said board of assessors shall assess the property of such person and fix such value thereon as they may deem correct and just.

Page 1099

A majority of said board of assessors shall constitute a quorum. It shall be the duty of said board of assessors to scrutinize carefully each and every return made by any tax payer to said city, and if in their judgment they find the property embraced in the return, or any part of it, to be below the market value of the property, or the return is incorrect or incomplete, said assessors shall give such property owner or his agent, a notice to show cause before them a certain time and place why said valuation should not be raised and said return corrected, and notice through mails shall be deemed sufficient notice. After hearing is had, or the time fixed for the hearing has expired, said board may alter the assessment or not, as they deem just and right. In all cases the decision of said assessors shall be final. Tax returns. SEC. 24. Be it further enacted by the authority aforesaid, That all property not returned for taxation before the first day of May of each year shall be double taxed; provided, however, that the board of assessors shall have power, in their discretion, under such rules and regulations as they may prescribe, to relieve against the double tax for good cause shown. Double tax. SEC. 25. Be it further enacted by the authority aforesaid, That the city council shall early in each year fix a time for the valuation of property for taxation, and in the absence of a time fixed by said city council, the first day of March shall be the time for valuation of property. Time of valuation. SEC. 26. Be it further enacted by the authority aforesaid, That in case any property which is subject to taxation was not assessed by the tax assessors, or returned for taxation, or for any reason has not been assessed for taxation and taxes collected thereon, in any year then passed,

Page 1100

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 execution shall then issue therefor as in other cases, at the rate for the several years in which no taxes were paid. This Section shall apply to the assessment of property which, before the passage of this Act, 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 in any year; and assessments may be made and executions issued thereon as well for prior years to the passage of this Act as hereafter. The city council shall provide by ordinances when they shall deem it necessary, for the full carrying into effect of this Section. Back taxes. SEC. 27. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power and authority to widen, extend or straighten any street, alley, laneway, or square in said city and to open, close, lay out and establish any new street, alley, laneway, walk or square, and build any bridge, laneway, walk or square of whatever nature, same being done in accordance with resolutions or ordinances passed by said city council, after ten days' notice to the party at interest or his agent or tenant said mayor and 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 to be allowed along or upon any street, alley, laneway, walkway or square in said city, to be removed. And whenever such encroachments are along or upon such street, alley, lane, walk or square already laid out, then no compensation shall be made for the removal of the same. But whenever said mayor and city council shall exercise the power to widen, extend, or straighten a street, alley, lane, walk or square,

Page 1101

and the compensation therefor can not be agreed upon between the said city and the owners of said property, there shall be appointed three arbitrators, one by the mayor and city council, one by the owner of the property, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damage sustained by the owner of the land over which pass, said street, alley, lane, walk or square, so widened, extended, straightened, opened, laid out or established, from which award an appeal can be taken to the Superior Court by either party dissatisfied by such award. A majority of the arbitrators can make the award. The submission shall be in writing and the return shall be filed in the office of the clerk of the Superior Court of Camden county within ten days after it is made, and the appeal can be entered within ten days after filing the award. The arbitrators shall be sworn to make a just and true assessment of the damages, considering the value of the land and benefits the owner is to receive from opening or otherwise changing said street. If the owner of such land refuses to act or is a minor, or is insane, upon the fact being shown to the Ordinary of Camden county, he may appoint the arbitrator for the owner. The award when so filed and not appealed from shall be the judgment of the Superior Court of Camden county, and execution may at once issue upon the same for the amount thereof, as other executions are issued. Streets, how laid out, etc. 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 appeals. The entering of an appeal shall in no case hinder or delay the city in widening, extending, 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

Page 1102

is filed in the office of the clerk of the Superior Court, but before the commencement of the work, tender shall be made of the amount of the award. In the event the city of St. Marys is satisfied with said award, it shall pay the clerk of the Superior Court, the amount so found to be due by the arbitrators, if any. If the city is dissatisfied, and the appeal is entered by it, it shall give bond, with security, for payment of 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 should fail or refuse to pay the amount of the award, and should proceed with the work, the clerk shall upon the application of the owner, or Ordinary, when he is authorized to act, issue execution on said award, and the proceedings thereon shall be same as had in cases of judgment and executions in the Superior Court of Camden county. But the city shall have the right, after said award is filed, to abandon its purpose of widening, extending, straightening, laying out, opening or establishing said street, alley, lane, walk or square, in the event the mayor and city council should consider that the sum found to be due would in their judgment, make said lands so sought to be condemned too expensive to said city. But in such event said city shall pay all costs of said award. SEC. 28. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority in their discretion to grade, pave, macadamize, drain, or otherwise improve the sidewalks of said city. In order to carry into effect the authority above delegated, the city council shall have power and authority to assess not more than one-half of the cost of paving and otherwise improving the sidewalks on the real estate abutting on the

Page 1103

sidewalk so improved, and any railroad company having tracks running in and over, along and across the streets, lanes, walks or squares of said city, shall have to pave, macadamize or otherwise improve said streets, lanes, alleys or walks of said city, also their road beds and right of ways, in proportion as the city council may prescribe. Said city council shall have full power and authority to adopt by ordinance such system of equalization of assessments on real estate for the above purposes, for the amount above set forth, as may be just and proper, estimating the total cost of each improvement made and pro rating the cost thereof on real estate according to its frontage on the sidewalk, 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 said 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 city council shall have full power and authority to enforce collection for the amount of any assessment so made for work upon the sidewalks, streets, lanes, parks and squares, by execution issued by the city clerk against the owner at the date of the ordinance making such assessments, which execution may be levied by the chief of police, marshal, or other collecting officer or their deputies, on such real estate, and after advertising and other proceedings, the same shall be sold to the highest bidder. Such sales shall vest absolute title in the purchaser and said chief of police, marshal or other collecting officer shall have authority to eject any occupant and put the purchaser in possession; provided, however, the owner of said real estate shall have the right to file affidavit denying the whole or any part of the amount of the execution and stating the amount which he admits to

Page 1104

be due, which amount admitted to be due together with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Camden county and there be tried and the issues determined as in other cases of illegality, subject to the penalties provided where the illegality is filed for delay. The city shall have authority to pave and contract to pave the whole surface of the sidewalks or streets and lanes, without giving any railroads or other property holders abutting thereon, or occupant on the streets, lanes or alleys; the option of having the space paved by them, paved by themselves, or by contract at his or her own instance, the object being to prevent delay and secure uniformity. The liens for assessments on abutting property and on railroads for sidewalk paving, street paving, macadamizing, grading or draining shall have rank and priority of pavement next in point of dignity to liens for taxes, such liens to date from the time of the passage 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 city; to enforce by execution the cost thereof against the adjacent property owners, railroad and street and railway companies and to provide how the agents and owners shall be served. Street improvements. SEC. 29. Be it further enacted by the authority aforesaid, That said city council shall have power and authority to grant franchises, easements, and rights of way over, in, under and on the public streets, lanes, alleys, sidewalks and parks and other property of said city on such terms and conditions as said city council may fix, save and except

Page 1105

that they shall not grant an exclusive franchise for any purpose. Franchises. SEC. 30. Be it further enacted by the authority aforesaid, That said city council shall have full power and authority to establish a fee bill for the officers of said city, not higher than the fees allowed the county officers and not lower than the fees allowed justices of the peace and constables of said 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. 31. Be it further enacted by the authority aforesaid, That all writs, processes, subp[oelig]nas, summons, rules of all kinds, warrants, executions for any and all kinds of taxes, licenses, fines and assessments and forfeitures, or demands made by the city or its corporate authorities against any person, firm, company or corporation whatso ever, shall be issued and signed by the city clerk, and bear test in the name of the mayor thereof, except as otherwise provided for in this charter, and shall be directed to the policemen, marshals, and their deputies of said city, and to all and singular the sheriff and constables of this State. And each and all of said officers are hereby authorized to serve and execute the same. Municipal writs, etc. SEC. 32. Be it further enacted by the authority aforesaid, That the city council is hereby invested with full powers to establish fire limits in said city, and prescribe the class and kind of building to be erected in such limits, and from time to time to change said limits in their discretion and frame such ordinances, rules and regulations as will in

Page 1106

their best judgment tend to protect the city from fire; said city council shall have power and authority to remove any forge, smithshop, or other structures within the city whenever, in their discretion, it shall be necessary for protection against fire, and shall have power to cause any stove pipe, or any other thing or matter that will endanger the city to 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 at cost of owner, and whenever it shall appear to them that any decayed, 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 policeman 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 disease, they may, with the advice and help of the health officer and the board of health, if any, and if not, then without such advice and help, do so instanter, and the policemen, marshal or other officer directed shall obey such orders, and in all cases they shall not be liable to answer therefor in any court having jurisdiction except for gross negligence and extreme want of care coupled with malice, and without any probable cause to suspect that such Acts were not for the public good, and every presumption shall be in favor of such Act having been lawfully done; provided, that whenever any property shall have been destroyed under the provisions of this Section, the city of St. Marys, in its corporate capacity shall be liable to owner thereof for the actual cash value

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thereof, but shall not be liable for any prospective profits or speculative damages in connection therewith. Fire limits. SEC. 33. Be it further enacted by the authority aforesaid, That said mayor and city council shall have full power to adopt and enforce such ordinances, rules and regulations as they may deem necessary to secure the removal of all garbage, rubbish, filth, dead animals, weeds, undergrowth and other offensive matter and material from any and all occupied or unoccupied lots and places within said city limits at the expense of the owner, who if they refuse or fail after written notice from the authorities aforesaid to comply with the terms of the ordinance, rule or regulation, shall be subject to such penalty as may be lawfully prescribed for the same; and such authorities, upon the failure or refusal of such owner to do such work may cause to be done and issue execution as they may by ordinance direct or prescribe, against the property of such owner for the amount of such expense and cost, and the person returning such city lot for city taxes shall be deemed and taken to be the owner, and said executions shall proceed in the same manner, and shall be liable to the same defenses as prescribed in this Act when executions are issued by the city for constructing paving or otherwise improving the streets and sidewalks in said city. Sanitary regulations. SEC. 34. Be it further enacted by the authority aforesaid, That said city council shall have power and authority to compel all male persons (except such as are specially exempt under the law) within the corporate limits of said city, between the ages of sixteen and fifty, to work on the public streets, squares, alleys and lanes of said city not more than fifteen days during each year. Said city council shall have the power and authority to levy and collect a

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direct tax for each year without giving the persons 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 commute the service so required of them by the payment to the officers of said city authorized to receive and receipt for the same such commutation tax as may be fixed by said city council; provided, however, that in no event whether the city council shall declare for a direct street tax or for a commutation tax in lieu of working the streets, shall the amount exceed the sum of five dollars per year. Street tax. SEC. 35. Be it further enacted by the authority aforesaid, That said city council shall have power and authority to license and control all billiard and pool tables, or other tables of like kind, or any other kind kept for public pay, ten-pin alleys, or other like alleys, within said city, and to remove the same whenever they become a nuisance. Also to assess and collect a business 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 have control over all wells and pumps and all waterworks, fire companies and engines within said city. Billiard tables; etc. SEC. 36. Be it further enacted by the authority aforesaid, That the mayor of said city shall have power and authority to hold court at such time and place in said city as he or the city council may appoint for the trial of offenses committed against the by-laws, rules, 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 or city jail or common jail of Camden

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county, not to exceed thirty days, or work on the city chaingang or public streets, alleys and so forth of said city 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 marshal of said city, or by any other officer authorized by law to make arrests, and acting under said warrant said officers may arrest either within or without the limits of said city. Offenders so arrested may be carried before the mayor and there is a probable cause to suspect that any of the penal laws of the State have been violated, it shall be the duty of the mayor to commit said accused to the common jail of Camden county to answer the charge in any court of competent jurisdiction; provided, however, that if said offense is one that is bailable by the justice of the peace, said mayor shall admit the accused to bail; if in the examination or trial of any one accused under a charge of a violation of any of the municipal ordinances there is reason to suspect a commission of a crime on his part, the mayor shall have authority to bind him over or to commit said accused for said penal offense. Mayor's court. SEC. 37. Be it further enacted by the authority aforesaid, That the mayor and city council of St. Marys shall have power and authority to organize one or more work gangs, and confine at labor therein persons who shall have been sentenced by the public courts of said city to work upon the streets, or who have not paid their street tax, and they shall make rules and regulations that may be suitable, usual or necessary for the government and control of such work gangs, and enforce the same through its proper officers. Chaingang.

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SEC. 38. Be it further enacted by the authority aforesaid, 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 within four days after judgment complained of is pronounced; and provided, further, the defendant pays all accrued costs in the case and gives bond to abide the final judgment of the case in a sum not to exceed two hundred dollars, said bond to be assessed by the officer passing judgment, and which bond must be approved by the clerk or chief of police or marshal. The city council shall hear and determine said case so appealed at its next regular meeting thereafter, and shall investigate the case de novo; provided, that if the defendant is unable to give the bond required, then, and in that event, the mayor may call a special meeting of council to dispose of same. The city council shall have power, if they find the defendant guilty, to decrease or increase the fine imposed by the mayor or other presiding officer, or the term of sentence to labor or jail. The right of certiorari from the judgment of the mayor's court or the judgment of council on appeal shall be governed and controlled by the laws of this State governing all certioraries to higher courts. Appeals. Certiorari. SEC. 39. Be it further enacted by the authority aforesaid, That the police court shall have power and authority to preserve order during the sessions of its courts, compel the attendance of witnesses, and punish for contempt by imprisonment not to exceed five days in the common jail or other place of confinement in said city, or by fine not to exceed the sum of twenty-five dollars, the council to have the rights when sitting as a court on appeals, and fines may be collected by execution issued by the clerk and levied by collecting officers of said city as other executions of said city are levied and collected. Contempt.

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SEC. 40. Be it further enacted by the authority aforesaid, That said city council shall have power and authority to prevent cattle, horses, mules, goats, hogs, dogs or other animals from going at large in said city, and to take up and impound any such animals running at large in said city, and to pass and enforce all rules, regulations and ordinances which they may deem proper and necessary for the regulation and control and prevention of all such animals in said city running at large, and they shall have authority to have any dog running at large without a badge killed. Stock law. SEC. 41. Be it further enacted by the authority aforesaid, That all executions issued by the clerk of council of St. Marys shall be directed to the policeman and marshal of said city, and to all and singular the sheriffs and constables of said State, and shall state for what issued and be made returnable to the clerk aforesaid thirty days after the issuing of the same and it shall be the duty of the police, marshal or other collecting officer to advertise the sale of such real estate or personal property as may be 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 laws to be made, all of said sales to be made at the place and within the usual hours of sale of sheriffs and constables, and to be made under the same rules and regulations as govern sheriff's and 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 laws for sales under executions for State and county taxes. Whenever any land is sold, the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor with ten per cent. premium thereon. Whenever at any such sale for taxes

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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 for a reasonable time, then any duly appointed and authorized agent of the city of St. Marys may bid off such property for the city of St. Marys, and the marshal or other officer making the sale shall make the city of St. Marys a deed to the property so sold, and deliver the same, and the title thus acquired by the city shall be perfect after the period of redemption 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. When affidavits of illegality or claims are interposed, then all papers shall be transmitted to the clerk of the city court of St. Marys, in all matters and things of which this court has jurisdiction, and all other illegalities and claims shall be transmitted to the clerk of the Superior Court of Camden county. Collection of taxes, etc. SEC. 42. Be it further enacted by the authority aforesaid, That the city council of St. Marys are hereby authorized and empowered to establish, maintain, support and control a system of public schools, which shall be provided for by local taxation and otherwise in the manner hereinafter provided for in this Act; provided, however, that before a local tax can be levied and collected as herein provided for public schools, the mayor and council of their own motion, or when requested to do so, in writing by 15 freeholders of said city, shall advertise an election in a newspaper published in said city once a week for four weeks, to be held at the same place as other elections are held in said city, at

Page 1113

which elections, all persons qualified to vote for mayor and aldermen shall be qualified to vote, and none others, said election to be held, conducted and managed in all particulars as all other elections under this charter. The electors at said election shall write or have printed on their tickets For tax for public schools, or Against tax for public schools, and in the event that the majority be in favor of local taxation for public schools, then the provisions here inafter provided for public schools shall immediately go into effect and be of full force; provided, further, that if at such election the vote should be against taxation for public schools, then the mayor and city council are authorized and empowered to call another election for such purpose at any time provided a period of two months shall intervene between each election. Public schools. SEC. 43. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the city of St. Marys be and they are hereby constituted a board of education for the city of St. Marys, under the corporate name of the St. Marys Board of Education, with rights to sue and be sued in its corporate name, and whose duty it shall be to establish, manage, control and maintain said public schools. Said board are authorized 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 seem right and proper, and which are not in conflict with the laws of this State. The clerk of council shall be secretary of said board, and perform such duties and receive such salary as the board shall prescribe. The treasurer of council shall be treasurer of said board of education and shall give such bond, and receive such pay as may be fixed by the board. Board of education.

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SEC. 44. Be it further enacted by the authority aforesaid, That said board shall have power, and it is hereby made the duty of same, to speedily advise, design, adopt and establish under the provisions of this Act, a system of public schools for said city, providing separate schools for the white and black races. That said board shall keep full and accurate minutes of their proceedings and shall meet at such time and place as they may fix. Said board shall supervise, regulate and make efficient said school system, shall select and employ teachers for said schools, fix the terms and the time of beginning and closing of the same; they shall have the right to remove or suspend any teachers whenever in the discretion of the members they may deem such action to be for the interest of said schools; they shall fix the compensation of teachers and provide for their pay; they may provide grades in said schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and do any and all other acts which they may deem best to promote the best educational interest of the city, not in conflict with State laws. Powers of Board. SEC. 45. Be it further enacted by the authority aforesaid, That said board of education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal, made to said board for the benefit of the schools of the city, and to build or rent school houses, improve grounds, or expend any sums in their hands for the promotion of education in said city. They shall be personally liable to the city of St. Marys for any money paid to said board for the use of said public schools, and by them appropriated and paid out for any other purpose. Powers of Board.

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SEC. 46. Be it further enacted by the authority aforesaid, That if the election provided for in this charter shall be in favor of public schools, then the mayor and council of St. Marys shall be authorized and empowered to assess, levy and collect a tax not to exceed one per cent. per an num; that is to say, ten dollars on every thousand dollars of property, on all the taxable property of every kind in said city, which said school tax shall be used exclusively for the purpose of establishing and maintaining said schools; and provided, further, that it shall be lawful in the sound discretion and best judgment of said members for the board to charge and require a small incidental or matriculation fee for each scholar admitted into said school, which amount shall in no event exceed the sum of one dollar per month; provided, however, the board of education may, in their discretion require children living outside of the limits of said city to pay tuition for and during the school terms; provided, further, that all such tuition shall become a part of the fund for the maintenance of said public schools, and must be used and accounted for, as shall likewise any other fees. School tax, etc. SEC. 47. Be it further enacted by the authority aforesaid, That said board of education shall determine, as early as practicable in each year, what amount of money will be necessary to be raised by taxation to defray the expenses of said public schools for the ensuing year, which having been determined, said taxes shall be collected as other taxes of said city are, and shall be paid out under order of the board, and according to such rules and regulations as they may adopt. Tax, how collected. SEC. 48. Be it further enacted by the authority aforesaid, That the board of education of Camden county, or

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such other body as may have charge of the public schools of said county, shall not establish or open any schools within the corporate limits of said city of St. Marys, nor have any authority or voice in the management of the schools therein established under the provisions of this Act by the board of education of St. Marys. County Board of education. SEC. 49. Be it further enacted by the authority aforesaid, That the State School Commissioner of Georgia shall pay over to the board of education of St. Marys the pro rata share of the State school fund to which said city is entitled, according to the number of children of school age residing within the corporate limits of the city of St. Marys, increased by the number of children of school age residing without the limits of said city, but residing within the limits of Camden county, who attend such school. It shall be the duty of said board to prepare and furnish the State School Commissioner, immediately upon the establishment of said schools, and annually thereafter in the fall of each year, at such time as they may fix, a list of all school children residing in the county of Camden who attend said schools. Pro rata share of State school fund. SEC. 50. Be it further enacted by the authority aforesaid, That Sections 696, 698, 699, 702, 704, 705, 707, 712, 713, 714, 715, 716, 723, 725, 727, 728, 729, 730, 733, 734, 735, 740, 741, 742, and 744 of the first volume of the Code of Georgia shall be of force and effect as to law in relation to the city of St. Marys and included in this charter as if set out in detail herein except in so far as they conflict with what is herein otherwise enacted. General laws.

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SEC. 51. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910. SALE CITY, CITY OF, INCORPORATED. No. 416. An Act to incorporate the city of Sale City, in the county of Mitchell, 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 of same; to name the mayor and councilmen of said town, and to provide for 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 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 Sale City, and by that name shall be hereby incorporated, and invested with all the rights, powers and privileges incident to municipal corporations in this State, and the said city of Sale City, 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 welfare and proper government of said city as to

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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 Sale City shall be able, in law to purchase, hold and receive, enjoy and possess, and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, and hereditaments, of whatever kind or nature soever, within the limits of said city, for corporate purposes. Sale City, city of, incorporated. SEC. 2. Be it further enacted, That the government of said city shall be vested in a mayor and five councilmen. The following shall compose the mayor and council of said town: A. T. Jones, mayor, and W. A. West, E. D. Baisden, H. C. Davidson, C. E. Chambliss, and W. R. Barnes, 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: Beginning at the artesian well in the town known as Sale City, in Mitchell county, and extending three-quarters of a mile in every direction from said well. Limits of said town being one and a half miles in diameter. Corporate limits. SEC. 4. Be it further enacted, That on the first Wednesday in January of each year hereafter, there shall be elected a mayor and five 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 mayor and councilmen shall perform all the duties of the council; provided, that there is a mayor or mayor pro tem. and a quorum of councilmen. In case there is not a quorum of

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councilmen, the remaining members of the council shall call an election to fill such vacancy after giving ten days written notice, to be held under the same rules and regulations as general elections are held. The said mayor and council shall have authority to adopt the necessary ordinances providing for all rules and regulations to govern the holding of all elections, governing registration, voting, declaring the results, filing and hearing contests, and all other matters connected therewith. A mayor pro tem. shall be elected by the mayor and council, who shall discharge all 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 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. 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 and vote under the registration laws of force in said city. Qualifications of mayor and councilmen. SEC. 7. Be it further enacted, That on the Monday following the first Wednesday in January in each year, the persons elected to the offices of mayor and councilmen of the offices of mayor or councilmen, shall appear at the

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council chamber in said city and take and subscribe the following oath, 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 Sale City, to the best of my skill and ability, and as to me seems 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 offices. The present mayor and councilmen shall hold their office until their successors are elected and qualified under the oath that they have already taken and subscribed. If any person so elected shall not qualify at the time named or within ten days thereafter, he shall be deemed to have refused the office and a vacancy shall exist, to be filled as other vacancies. Official oath. 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, and thereafter when a vacancy shall occur, they shall elect a city clerk, who shall be exofficio, tax receiver, tax collector and clerk of the mayor's court of said city of Sale City; 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 oath, 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 Sale City. 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

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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 order drawn by the city clerk and countersigned by the mayor, or in his absence, by the mayor pro tem. Officers. SEC. 9. Be it further enacted, That the mayor, or mayor pro tem. and three councilmen shall constitute a quorum. Each councilman shall have one vote, and no motion shall be carried or ordinance passed without the vote of three of the councilmen. Regular meetings shall be held at such times and places as the mayor and council shall determine, and called meetings whenever the business of the town shall demand. Quorum 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 Sale City, 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 offences 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 appeals, 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 offence to the proper tribunal to try the case. Police powers.

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SEC. 11. Be it further enacted, That the marshal of said city of Sale City 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 ad valorem, business tax, assessments, or any other taxes, or 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 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 and shall be admitted in evidence, as are sheriffs deeds in this State. The marshal of said city shall have such other and further power and duties as may be conferred or imposed upon him by ordinance by the mayor and council of the city of Sale City. Collection of taxes, etc. 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 Mitchell county, or in the city prison in the city of Sale City, or by a fine not to exceed fifty dollars, or in lieu thereof by working on the streets or public works

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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 offender, 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 Sale City shall have power to impose the following penalties for the violation in any place in said cit, public or private, of any ordinance of the city, passed in accordance with its charter; That is to say, fines not to exceed five hundred dollars, imprisonment in the jail of Mitchell county or city prison of Sale City, not exceeding six months, or work on the streets 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 works on the street, or other public work of said city, may impose as an alterative for non-payment of fine imposed within the time fixed by the court, or imprisonment or work on the streets or other public work of the city may be imposed in the first instance without any fine. Fines imposed as provided for in this 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 cost 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 cost to be paid into the city treasury. Mayor's court. SEC. 13. Be it further enacted, That the mayor and council of Sale City shall have power to organize one or more

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work gangs, and to confine at labor therein, persons who have been sentenced by the court 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 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, 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 violation of any of the ordinances of said city, and to hold said person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or jail of Mitchell 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 mayor, or mayor pro tem. of said city of Sale City, 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 offence for

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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 Sale City, as appearance bonds are now forfeited before the Superior Courts of this State. Said mayor and council shall have authority to compel the attendance of witnesses by imprisonment, if necessary, and to take bond to secure their attendance, and take and receive of parties such bonds as may be necessary to secure their attendance 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, setting 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 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 power to increase or diminish the fine imposed by the mayor as they may think right and proper, provided, that the defendant may enter his appeal without paying the cost or giving bond, by making oath of his inability to pay the cost 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 ad valorem

Page 1126

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 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 the vote of 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 tax for ordinary current expense 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. Ad valorem tax. 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 April each year after the passage of this Act, shall return same for taxation under oath at any time from and after the first Wednesday in May until the first Wednesday in July 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 blank lines for property of every kind and description subject to taxation under the laws of this State, and each taxpayer and property owner in said city shall fill out said schedule, entering thereon all the property owned or held by said taxpayer in any capacity, of every

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kind and description, both real and personal, including money, note 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 investment and securities held by each taxpayer 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 other 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 Sale City, 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 returns. Said tax 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.

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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 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 then issue therefore, as in other cases, at the rate for 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 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 thereon, and no taxes have been paid in such property so assessed, then execution may issue at any time, based on said assessment, 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 provision of this Section whenever 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. Double tax.

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SEC. 20. Be it further enacted, That the mayor and council shall have power and authority to provide in advance when the taxes of said city shall fall due, and in what length of time said taxes may be paid, when tax execution shall issue against all persons, who have not paid their taxes by the time fixed by ordinance, and to fix a penalty for the non-payment of taxes when due. Taxes when due and payable. SEC. 21. Be it enacted, That executions for any and all taxes or fines, license fees, assessments or forfeitures, or demands due said city, or its corporate authorties, 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 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 marshal under city execution. The sheriffs and constables of this State shall have the same power and authority to levy and collect executions by the city of Sale City, as they have to levy and collect executions from the various counties of this State. Executions for taxes, etc. SEC. 22. Be it further enacted, That said mayor and council shall have full power and authority to require any person, firm, corporation or company, 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

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limits of said city, by themselves or their agents, to register their names and business calling, 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 said mayor and council may by 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 tax or taking such license, or fail to comply in full with all the requirements of the city and council made in reference thereto. Registration of business. 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 Sections into effect; 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. Ordinances. 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 employment and make such regulations for each class as they deem best. Regulations for business. 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

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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. Billiard tables, etc. SEC. 26. Be it further enacted, That said mayor and council shall have power and authority to pass such ordinances as they may think proper in regard to granting 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. Theatres, etc. 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 power 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. 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 of any kind and other vehicles used for hire, vendue 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 jewelery, and all other traveling or itinerant venders of articles,

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wares or merchandise except such as are excepted by laws of this State. Also any other person running a flying-jenny, flying-horses, merry-go-round, bicycle or velocipede or skating rinks; all solicitors or canvassers, selling goods, wares or merchandise by sample, at retail or to consumers; and all other establishments, businesses, calling or vocations which under the Constitution and laws of this State are subject to license. Licenses. SEC. 29. Be it further enacted, That the 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 calling, profession or business or businesses therein mentioned without first having taken out the license required by 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 license. Punitive powers. 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 tranquility of any of the citizens thereof, and any other by-laws, regulations and ordinances that they may

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deem proper for the security of the peace, health, order and good government of said city. Police powers. SEC. 31. Be it further enacted, That said mayor and council shall have full power and complete control of the streets, sidewalks and 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 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 Section 4657 to 4686, of Volume 2, of the 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 building, 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. Control of streets, etc. 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 person 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

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exceed five dollars for one year. Said work to be done or said commutation tax to be paid at such time 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 ordinane prescribe. Commutation tax. SEC. 33. Be it further enacted: 1. 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. 2. 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 necessary, curbing on the real estate abutting on the sidewalks. 3. 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 road way 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 tracks running through or across the streets of said city, shall be required to pave, macadamize or otherwise improve said streets in such proportion as the mayor and council may prescribe. 4. Said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, for the amounts above set

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forth, as may be just and proper estimating the total cost of each improvement made, and pro rating the cost thereof on the real estate according to its frontage on the street, or portion of street, so improved or according to area or value of said property, either or all, as may be determined by ordinance. 5. That 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 for the work and making the assessment. 6. The mayor and council shall have full power and authority to enforce collection for the amount of 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. Said 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 cost, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Mitchell county, and then and there and the issue determined, as in cases of illegality, subject to the penalties provided as in cases of illegality filed for delay. 7. 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 property holder or occupant of the street, the option of having the space to be paved by them paved by themselves,

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or by contract at his or its instance, the object being to prevent delay and to secure uniformity. 8. 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 liens for taxes, such lien to date from the passage of the ordinance authorizing the execution of the work in each case. 9. 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 cost 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 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 sewerage, 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 health of its inhabitants of said city, and the power also to require changes in, or the total discontinuance of any such contrivances or structures in existence or that may be hereafter allowed, when any such system of sewerage or

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drainage shall be constructed by said mayor and council, assessments may be made and execution 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 the making and enforcing assessments in paving streets and the amount thereof, shall apply in so far as they are applicable to the constructing and maintaining sewers, and may be enforced by the mayor and council by appropriate ordinances. Sewerage system. 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 refuses to grant a right of way for that purpose and such owner and the authorities of said city cannot 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 cases 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. Damages to private property, how assessed. 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 connection therewith when in their judgment the good of said city demands it, they may cause said connections to be made

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when the owner fails or refuses, and issue executions for the amount so expended, which executions shall be a special lien on the property connected with said sewerage system from the date of the order of connection. Control of sewerage system. 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 taking of private property for the construction of sewers by such boards, committees or officers, as they may deem best. Ordinances. 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 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. Sewers outside corporate 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 executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor

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and council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no resident 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 assessments. 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, whether in their judgment and in the opinion of the city physician such improvements are necessary to preserve the health or to protect the sanitary interest of the citizens of any such neighborhood within said city. The mayor and council are authorized to enforce the provisions of this Section by appropriate ordinances. Sanitary regulations. 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 construction or arrangements 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

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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 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 a nuisance in said city, and provide for the abatement of same. The mayor's court of said city of Sale City 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 Sale City. 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 the burial of the dead, and regulate the interment therein; to provide for drainage of lots in said city 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 speaking in the streets of Sale City, and to prevent the obstruction of the streets of said city, or the gatherings of disorderly crowds in said streets, and

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enforce the provisions of this Section by appropriate ordinances. Police powers. SEC. 44. Be it further enacted, That the mayor and council shall, in the exercise of their police power, 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 Sale City, and to that end may provide ordinances punishing any person or persons keeping in said city spirituous, vinous, malt or intoxicating liquor 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 the city of Sale City. 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 same, said mayor or 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 liquor of such persons, and

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apparatus for selling the same, and to otherwise punish the offender or offenders as may be prescribed by ordinance. 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. Intoxicants SEC. 45. Whenever this Act goes into effect the municipality now chartered as the town of Sale City shall end; and the present municipality shall take its place, but all rights, properties, debts, powers, and privileges belonging to the former municipality of Sale City shall be succeeded to by the present municipality; the one merely becoming the legal successor of the other. Successor to. Approved August 12, 1910. SAVANNAH, CITY OF, STREET IMPROVEMENTS. No. 390. An Act to amend an Act approved October 1, 1887, and entitled: An Act to authorize the mayor and aldermen of the city of Savannah to require the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets or lanes of the city of Savannah; to make and collect assessments for the same, and for other purposes, by striking, from the first and second Sections of the said Act, the word street, and have the said Act, as amended, embrace any railroad company, whether a street railroad company or not.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the above entitled Act is hereby amended by striking from the eleventh line of Section 1 of said Act the word street and by striking the same word from the seventh line of the second Section of the said Act, so that the said Act, as amended, shall embrace any rail road company, whether a street railroad company or not, and the said two Sections, as amended, shall read as follows: Savannah, city of. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the mayor and aldermen of the city of Savannah shall have full power and authority, by a vote of two-thirds of the said mayor and aldermen elected to council (the mayor being entitled to a vote), to adopt at any time an ordinance requiring the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets or lanes of said city, and to assess two-thirds of the cost of such paving, grading, macadamizing and otherwise improving on the real estate abutting on each side of the street or lane improved a railroad company now having or which may hereafter have, tracks running through the streets of said city so improved being required to macadamize or otherwise pave, as the said the mayor and alder men of the city of Savannah may direct, the width of its track and two feet on each side of every line of track now constructed, or that may hereafter be constructed by such railroad company. Street improvements. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the city of Savannah shall have full power and authority to grade, pave, macadamize or otherwise improve any portion of the width

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of any street in the said city, and to assess two-thirds (2/3) of the cost of such paving, grading, macadamizing and improving on the real estate abutting on each side of the street or lane improved a railroad company now having, or which may hereafter have, tracks running through the streets of said city so improved being required to macadamize or otherwise pave, as the said mayor and aldermen of the city of Savannah may direct, the width of its track and two feet on each side of every line of track. 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 10, 1910. SAVANNAH, CITY OF, REGISTRATION OF VOTERS. No. 530. An Act to provide for the registration of voters prior to any municipal election in the city of Savannah, Georgia, touching the issuance of municipal bonds; to make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That in all elections which may hereafter be held in the city of Savannah for the purpose of authorizing the issue of bonds by the mayor and aldermen of the city of Savannah, for any purpose whatever, a special registration shall be had for such bond election, and

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such registration shall be had and a registration list prepared as herein provided, to-wit: The treasurer of the city of Savannah, or a deputy registrar appointed by the treasurer from among the employees in his office, for a period of 30 days, beginning 60 days prior to such special election, shall keep a voters' book or books, open for signature at his office in the city hall of the city of Savannah from 9 o'clock a. m. to 4 o'clock p. m. each day, Sunday excepted; said book or books, to be designated as voters' books containing on the top of each page thereof the following oath, to-wit: Savannah, city of. Registration of voters for bond elections. I do swear, or affirm, that I am a citizen of the United States; that I am 21 years of age or will be on the _____ day of __________ this calendar year; that I have resided in this State for one year, in this county for six months, and in the city of Savannah for three months immediately preceding the date of this oath or will have so resided on the _____ day of __________ of this calendar year; that I have paid all taxes, State, county and municipal, which, since the adoption of the Constitution of 1877, have been required of me except taxes for this year; and that I am not disfranchised from voting by reason of any offense committed against the laws of this State. I further swear or affirm that the street or street number set opposite my name in this voters' book is my true place of residence, and that the statements opposite my name in said book, as to age and occupation, are true, so help me God. That said treasurer of the city of Savannah and also said deputy registrar, during the period of his service, as hereinbefore provided for, is authorized and empowered to take charge of said voters' book, and to administer said oath. When the signature of any person is not clearly legible,

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the officer in charge of the voters' book shall at the time said signature is made, write out the same in clearly legible letters opposite said signature. That any male person desiring to be registered as a voter and qualified to register as hereinafter provided, may apply to said treasurer of the city of Savannah, or to the deputy registrar during the period of his service, and after reading said oath, or having same read to him, shall subscribe the same by signing his name in such voters' book, underneath the written or printed oath above described; a memorandum or entry of the name of the street and the number of his residence, his age and occupation being first made by the officer in charge of the book, or by the affiant, opposite the place of signature of affiant. When the affiant is not 21 years old, at the date of taking the oath, a similar entry or memorandum shall in like manner, be made, showing the date in that year when he will reach 21; and where the affiant has not resided in the State one year, or in the county six months, or in the city three months at the time of taking the oath a similar entry or memorandum shall be made, showing the date in that year when he will have resided in the State one year, in the county six months, and in the city three months. That upon request of the applicant or in any case in the discretion of the officer in charge of said book, such officer shall read or repeat said oath, distinctly to the applicant, and if the applicant can not sign his name, said officer shall sign it for him, the applicant making his mark thereto. The signatures so made in said voters' book shall be evidence that the person so signing swears or affirms the truth of every statement contained in said oath, and also to the written memoranda or entries opposite his signatures. That for the purpose of more easily identifying the voters, the officer in charge of the voters' book shall note thereon,

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in connection with each signature, the race of the person signingthat is to say, whether white or colored. That any person swearing falsely under this Section shall be liable to indictment and punishment as in other cases of false swearing under the laws of this State, and the act of signing said registration book shall, in any prosecution hereunder, be held and deemed equivalent to taking the oath therein printed. That 30 days before the special election herein provided for the said treasurer of the city of Savannah shall close the registration books for said special election, and shall proceed to make up and file with the clerk of council of the city of Savannah a list to be designated as registered voters, in alphabetical order of names, distinguishing in said list between white and colored voters. No bond election shall hereafter be held in the city of Savannah without such special registration. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 15, 1910. SENOIA, CITY OF, PUBLIC SCHOOLS. No. 544. An Act to establish a system of public schools in the city of Senoia, in the county of Coweta, State of Georgia, to empower the mayor and council of said city to levy and collect a tax for the support thereof; to create a board of education of said city, to authorize and require

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the State School Commissioner of said State to turn over to said school board such part of the State school fund as may be the full pro rata share of said city; to provide for issuing and selling the bonds of said city for the purpose of acquiring or building and furnishing the necessary school houses, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That there shall be established in the city of Senoia, in the county of Coweta, State of Georgia, a system of public schools, to be conducted and maintained as is hereinafter prescribed. Senoia, city of, public schools. SEC. 2. Be it further enacted, That there shall be a board of education for said city consisting of five members, as soon as this Act shall become operative, the mayor and council of said city shall elect said board of education. Of the five members so elected, two shall hold office for three years, two for two years, and one for one year. The terms of office shall be determined by lots, under the supervision of the mayor and council. The successor of said first board shall be annually elected by the mayor and council. The terms of office shall be three years. All vacancies in said board shall be filled by the mayor and council. Board of education. SEC. 3. The officers of said board shall be the President, Vice-President, Secretary and Treasurer. The President and Vice-President shall be members of the board and shall receive no salary. The salary of the Secretary and Treasurer shall be fixed by the board. He shall give bond in such sum as may be fixed by the board, the board to pass on the solvency of the sureties. He shall keep regular minutes of all the proceedings of the board, and shall pay out no money except on order of the board, and shall

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obey and observe all such regulations and rules as the board may prescribe. The President, and in his absence, the Vice-President shall preside and when both are absent, any member of the board may be elected to preside. A majority of the board shall constitute a quorum for the transaction of business. Each member of said board, before entering upon the discharge of his duties, shall take and subscribe an oath to faithfully and impartially discharge the duties of his office, which oath shall be filed with the clerk of the said council. Each member of said board shall not be less than twenty-one years old and shall have been a bona fide resident of said city at least six months at the time of his election. Officers of board. SEC. 4. Be it further enacted, That said board of education shall have power, and it shall be their duty to establish in the said city of Senoia, separate schools for the white and colored children, to provide school houses by building, renting, purchasing or otherwise, repair same, to employ a Superintendent and all necessary teachers, to prescribe the curriculum for said schools and to form such grades as in their judgment will be practicable, to provide all necessary school furnishings and educational appliances, to fix the salary of the Superintendent and teachers, to hold and make titles to any property that may be procured by purchase, gift or otherwise, to make all such by-laws, rules and regulations for the government of the board of education and public schools of said city and for receiving and paying out the school funds as they may deem necessary and not in conflict with the laws of this State. Powers of board. SEC. 5. Be it further enacted That the necessary funds for the establishing, conducting, maintaining and supporting such public schools shall be derived as follows: First.

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The mayor and council of the city of Senoia are hereby authorized, empowered and required to levy each year, a special tax as said board of education may recommend, not to exceed one per cent. on all property, both real and personal, subject to taxation in said city, which tax, when collected, shall be paid over to said school board. Second. The State School Commissioner of the State of Georgia is hereby authorized and directed to pay over to the Treasurer of said board the pro rata share of the State School fund for the children within school age who are residents of said city. School tax and school fund. SEC. 6. Be it further enacted, That the schools established by the authority of this Act shall be free to all children residing within the corporate limits of said city of Senoia; provided, that said board may require from all pupils who attend said school, such incidental and matriculation fees as they may fix, not to exceed the sum of $5.00 for the scholastic year, to be paid at such time and in such installments as said board may prescribe. Said board may provide for the admission of pupils over eighteen and under six years of age on such terms as to tuition as they may elect. Pupils. SEC. 7. Be it further enacted, That said board shall determine, before the beginning of each scholastic year, what amount of money it will be necessary to raise by taxation to defray the expenses of running said public schools for the year and shall lay the same before the mayor and council of said city of Senoia, and it shall be the duty of said mayor and council to proceed to levy and collect the same. Tax levies. SEC. 8. Be it further enacted, That said board of education shall have power and authority to discharge the

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Superintendent of said schools and any teacher that may be elected, when, in the opinion of said board, the good of the schools requires it; to prescribe the duties of the Superintendent and all teachers. Superintendent and teachers removable. SEC. 9. Be it further enacted, That the mayor and council of said city of Senoia may provide for the issuing and selling bonds of said city in such amount as they may, by election, determine for school purposes such as buying; building and repairing all necessary school houses in said city, said bonds to be of such denomination and in such form as said mayor and council shall prescribe, to run for such length of time or times, not longer than thirty years, as said mayor and council think advisable, to bear interest at a rate not to exceed 6% per annum, payable semi-annually, the proceeds to be applied by said board to the purchase of property to be used for school purposes and building and equipping proper school houses, that for the payment of said bonds and the interest thereon the faith and credit of the said city of Senoia shall be pledged and the mayor and council of said city are hereby authorized and required to provide, by taxation, for the payment of said obligations as they fall due; provided, that before such bonds are issued and funds procured by sale of same, said board of education may establish said public school system, and for such purpose may rent or lease such building or property as they deem necessary. School bonds. SEC. 10. Be it further enacted, That this Act shall become operative from and after its passage but that before any bonds are issued as provided in Section 9, the question of issuing same shall be submitted to a vote of the qualified voters of the people in the said city of Senoia at such time as may be fixed by the mayor and council of said city of

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Senoia after giving thirty days' notice thereof in the newspapers published in said city. Said election shall be held under the same rules, laws and regulations as obtained for the election of the mayor and council for said city. All persons shall be qualified to vote therein who are qualified to vote in said election for mayor and council. Those persons favoring the bond issue shall have written or printed on their ballots For bonds, and those opposing the bond issue shall have written or printed on their ballots Against bonds, and in case two-thirds of the qualified voters in said city shall in said election vote for bonds, then the said mayor and council shall issue and sell the bonds as voted for and shall turn over the proceeds to said board of education for the purposes provided in Section 9. Election for bonds. SEC. 11. Be it further enacted, That the title to property acquired by said board of education and purchased with the proceeds of the sale of such bonds shall be taken in the name of the city of Senoia and the said city of Senoia has the authority to acquire property for such school purposes. School property. SEC. 12. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 15, 1910. SHADY DALE, TOWN OF, CHARTER AMENDED. No. 324. An Act to amend an Act approved August 4, 1904, entitled An Act to incorporate the town of Shady Dale in the

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county of Jasper, State of Georgia; describe and define the limits of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 2 of the above recited Act be, and the same is hereby amended by striking out all of line 5 in said Section after the word than and insert in lieu thereof the following, 700 yards to the land line between J. R. Blackwell and Mrs. Mamie Spears. So that when said Section amended shall read as follows: Shady Dale town of. Sec. 2. That the corporate limits of said town of Shady Dale shall extend one-half mile in every direction from the well at the residence of H. H. Ezell, except that the corporate limits shall extend no further south than Seven hundred yards to the land line between J. R. Black well and Mrs. Mamie Spears. 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 3, 1910. SOPERTON, TOWN OF, CHARTER AMENDED. No. 378. An Act to amend an Act incorporating the town of Soperton in the county of Montgomery, approved December 17th, 1902, so as to change the limits of said town, provide

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for a system of public schools, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act Section 2 of an Act incorporating the town of Soperton in the county of Montgomery approved December 17th, 1902, be, and the same is, hereby amended by striking from said Section the words one-half mile from said depot in all directions and inserting in lieu thereof the words three-quarters mile from said depot in all directions so that said Section when amended shall read as follows: Soperton, town of. That corporate limits of said town shall be as follows: Beginning at the Macon, Dublin and Savannah Railroad Company's depot in said town and extending three-quarters of a mile from said depot in all directions. Corporate limits. SEC. 2. Be it further enacted, That from and after the passage of this Act, and after this Act shall be ratified by law by the qualified voters of the town of Soperton there shall be established in and for said town a public school system. Public schools. SEC. 3. Be it further enacted, That the public school system in said town shall be under the management and control of three men who are hereby made a body corporate under the name and style of the Board of Education of the town of Soperton, 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

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of said town; and shall have such other powers as are usual and incident to such corporations. Board of education. SEC. 4. Be it further enacted, That as soon after the ratification of this Act by the qualified voters of the town of Soperton as practical it shall be the duty of the mayor and town council of Soperton to elect from the qualified voters of said town the three 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 town, one shall hold until the second general election thereafter held in said town, and the last one shall hold until the third general election thereafter held in said town, and said mayor and town council of Soperton shall designate what members shall hold each of said named terms. And after said election by the mayor and town council of Soperton, there shall be elected at each general election in said town thereafter one member of said board of education, whose term of office shall be three years. No one shall be eligible to membership upon said board except qualified voters of said town of Soperton. All vacancies upon said board from resignation, death or other cause than expirations of the regular term of office shall be filled as follows: The mayor and town council shall elect members to fill such vacancies until the next succeeding general election in said town, 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. Election of board. 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.

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SEC. 5. 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 town, and until their successors are elected and qualified. Officers of board. It shall be the duty of said board to elect officers annually at their first meeting after each general election in said town. 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 shall designate, the bond to be made payable to the board of education of the town of Soperton, who may bring suit for a breach thereof in any court of the State having jurisdiction thereof. SEC. 6. 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 management of a system of public schools in said town of Soperton, 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 term of said schools, elect and contract with and discharge principal and teachers, fix their salaries, prescribe the course of study and select school 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 town of Soperton. Powers of board.

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SEC. 7. Be it further enacted, That said board of education shall have entire control of any and all 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 purpose 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 within the limits of the town of Soperton shall be admitted to said schools free. 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 of education. School property. Pupils. SEC. 8. 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 town council of Soperton or any interested citizen of said town. Meetings and records of board. SEC. 9. Be it further enacted, That said board shall annually, at the regular meetings of the mayor and town council of Soperton in July of each year, make a report in writing to said mayor and town council; said report to contain the condition of said schools, together with

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an itemized statement of all monies received by said board since their last report, and how the same was disbursed. Reports of board. SEC. 10. 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 statement to the mayor and council of the town of Soperton at their next regular meeting after such findings have been determined. And the mayor and town council of the town of Soperton are hereby authorized and empowered after this Act shall have been ratified by the qualified voters of the town of Soperton to levy, assess and collect for public school purposes an ad valorem tax not to exceed one-half of one per cent. on all property in said town subject to taxation, and when said tax is so levied, assessed and collected, the collecting officer 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. School tax. 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 school purposes as aforesaid. SEC. 11. Be it further enacted, That the county school commissioner of Montgomery 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 funds, such share to be determined by the proration that the school census of the said town of Soperton shall bear to the total school census of Montgomery county. Pro rata share of State school fund.

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SEC. 12. Be it further enacted, That the county board of education of Montgomery county is hereby authorized and required to pay over to the secretary and treasurer of the board of education of Soperton all monies derived from taxes assessed, levied and collected for school purposes on property within the corporate limits of the town of Soperton. School tax. SEC. 13. 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 town of Soperton. It shall be the duty of the mayor and town council of Soperton, as soon after the passage of this Act as may be practicable to order an election to be held in said town, of which notice shall be given by publishing same for thirty days in three places in said town prior to said election, which election shall be conducted as are elections for mayor and councilmen of said town, and the returns of said election shall be made to the mayor and town council of said town who shall declare the result. All qualified voters of said town who shall be entitled to vote at said election. At said election said voters 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 town council of Soperton 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. Election for school tax.

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SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1910. SPARTA, CITY OF, CHARTER AMENDED. No. 388. An Act to amend an Act to create a charter, for the city of Sparta, in the county of Hancock, Georgia, and a municipal government of said city; to define its boundary lines; to provide for the maintenance of a public school system in said city; to authorize the issuing of bonds for the purpose of establishing an electric light plant and waterworks for said city, either or both, and for other purposes, approved August the 7th, 1905, to define and extend the corporate limits of the city of Sparta, to provide for the election and qualification of a recorder for the city of Sparta, to amend Section 17 and 18 of said Act so as to specify the purposes for which an ad valorem tax may be levied by the mayor and aldermen of the city of Sparta and the method of disbursing 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 same, That from and after the passage of this Act, Section 2, of An Act to create a charter for the city of Sparta, in the county of Hancock, Georgia, and a municipal government of said city; to define its boundary lines; to provide

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for the maintenance of a public school system in said city; to authorize the issuing of bonds for the purpose of establishing an electric light plant and waterworks for said city, either or both, and for other purposes, approved August 7th, 1905, be, and the same is hereby stricken from said Act, and in lieu thereof the following Section is submitted to be known and designated as Section 2: Section 2. It is further enacted by the authority aforesaid that the corporate limits of said city of Sparta, Georgia, shall be as follows: Beginning at a stone corner on the Northeast side of the Sparta and Sandersville public road at a bend in said road and running along said road in a Southeast direction 20 chains to a stone corner, thence North 11 degrees, West 56 chains and 30 links to a stone corner, thence North 14 degrees, West 24 chains and 80 links to a stone corner on the Culverson road, thence North 89 degrees, West 37 chains to a white oak tree, thence North 80 degrees, West 34 chains and 75 links to a pine tree, thence 65 degrees, West 10 chains and 70 links to a stone corner at the intersection of Powelton road with Powelton avenue, thence South 29 degrees, East 25 chains and 42 links to a stone corner on original corporate line, thence along original line South 78 degrees, West 59 chains and 30 links, thence South 11 degrees, East 80 chains, thence north 78 degrees, East 135 chains to beginning stone corner on Sandersville road. Sparta, city of. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That Section 11, of the aforesaid Act be, and the same is hereby stricken, and in lieu thereof substituted the following: Section 11. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall elect a recorder, who shall be neither mayor or alderman of said city, to hold police court for the trial of all offenders for

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violation of the laws, rules and regulations prescribed for the government of said city, and on conviction shall punish such offenders by a fine not exceeding $50.00, or imprisonment in the calaboose, or work on the streets, not exceeding thirty days. Any one, or all of said punishments may be inflicted in the discretion of the recorder. Said recorder shall have power to punish for contempt of court, by a fine not exceeding five dollars or imprisonment in the calaboose not exceeding twenty-four hours. From all decisions of said recorder, imposing penalties or punishment, there may be an appeal to the full board of mayor and aldermen, at which a majority shall decide all questions upon such terms as may be prescribed by ordinances to be passed by said mayor and aldermen. That said mayor and aldermen shall by ordinance prescribe the compensation and qualifications of said recorder for said office, the term for which he shall be elected, the oath required to be taken before entering upon the discharge of his duties, and shall also prescribe such other duties and confer such other powers for the conduct of said police court, in addition to those hereinbefore set out, as may in the discretion of said mayor and aldermen seem just and proper to the best interest of said city. Police court. SEC. 3. Be it further enacted by the authority aforesaid, That Section 14, of the aforesaid Act be amended by inserting after the word aforesaid and before the word that in the first line of said Section the words, That said mayor and aldermen shall hold meetings at such time and place as may be appointed for the transaction of the business of said city, at which meeting the mayor shall preside. When presiding over a meeting of the mayor and aldermen, said mayor shall have power to punish for contempt of court, by a fine not exceeding $5.00, or imprisonment

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in the calaboose not exceeding twenty-four hours. So that said Section when amended shall read as follows: Section 14. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall hold meetings at such time and place as may be appointed for the transaction of the business of said city, at which meeting the mayor shall preside. When presiding over a meeting of the mayor and aldermen, said mayor shall have power to punish for contempt of court, by fine not exceeding $5.00, or imprisonment in the calaboose not exceeding twenty-four hours. That in case of the absence, sickness or disqualification of the mayor, the councilmen shall elect from their body a mayor pro tem., who shall in the absence, sickness or disqualification of the mayor exercise all the powers with which the mayor is invested and perform all the duties required of him. Meetings of council. SEC. 4. Be it further enacted by the authority aforesaid, That Section 17, of said Act be, and the same is hereby amended by striking the words one-half of where they occur between the word exceeding and the word one in the third line of said Section, so that said Section when so amended shall read as follows: Section 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 one per cent. upon all the 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 shall be to assess all property in said city for taxation at a fair cash valuation. They shall have power to require all persons within said corporate limits who are subject to road duty

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under the law of this State to work on the streets of the city, or they may prescribe a commutation tax in lieu thereof 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 within said city, and upon all shows, exhibitions and performances carried on for gain; upon all peddlers or itinerant 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 green groceries, lunch counters, dealers in fish and oysters, barber shops, saloons, dealers in spirituous and intoxicating and malt liquors, or other drugs, or liquids, which, if taken to excess will produce intoxication, in case the same shall become authorized in said city by the laws of this State, may regulate the conduct of all such businesses by ordinance, and prescribe the manner of collecting such special license, or tax, and prescribe penalties against any one exercising any of such privileges in said city, without having first paid said tax, or procured said license. Taxation. SEC. 5. Be it further enacted by the authority aforesaid, That Section 18, of said Act be, and the same is hereby amended by adding to said Section the following words, to-wit: Provided, that in case the fund raised under this Section should be more than sufficient to maintain said public schools the excess shall be converted into the treasury and be available for the payment of any liability of said city, so that said Section when so amended shall read as follows: Section 18. Be it further enacted by the authority aforesaid, That said mayor and aldermen aforesaid shall maintain in said city a public school system as heretofore provided by law, and for this purpose shall have

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power and authority to assess and collect an additional tax not exceeding one-half of one per cent. per annum on all taxable property in said city for the support of and maintenance of said public schools. Provided, that in case the fund raised under this Section should be more than sufficient to maintain said public schools, the excess shall be converted into the treasury and be available for the payment of any liability of said city. School tax. SEC. 6. 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 10, 1910. STATHAM, TOWN OF, NEW CHARTER. No. 418. An Act to create a new charter for the town of Statham, Georgia; to fix the incorporate limits; to create the officers of said town, define their duties and fix their compensation; to provide for public improvements and the proper sanitary and police regulations for 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 the inhabitants of the territory now embraced in the corporate limits of the town of Statham, located in the county of Jackson, and State of Georgia, be, and they are, hereby incorporated under the name and style of the town

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of Statham, and by that name shall be, and are, hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in any wise appertaining to said town of Statham as heretofore incorporated, shall be, and are, hereby vested in the town of Statham, created by this Act. And the said town of Statham, 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 town as mayor and council may deem best, and which shall be consistent with the laws of the State of Georgia, and the United States. And said town of Statham shall be able in law to purchase, hold, receive, enjoy, possess and retain in fee simple, or for any term of years, any estate or estates, real or personal, lands, tenements, and hereditaments of what kind or nature whatsoever within or without the limits of said town, for corporate purposes. Said town of Statham, created by this Act, is hereby made responsible as a corporate body for all legal debts, liabilities and undertakings of said town of Statham, as heretofore incorporated. Statham, town of. New charter. SEC. 2. Be it further enacted, That the government shall be vested in a mayor and four councilmen. The present mayor W. M. Fite, and two of the present councilmen, T. J. Sikes and J. T. Perry, shall continue in office until the second Tuesday in February, 1912, and the other two councilmen, R. J. Roberts and W. E. Cogburn, shall continue in office until the second Tuesday in February, 1911, and until their successors are elected and qualified; and they and their successors and associates shall have and

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exercise all the rights, powers and duties hereby conferred on the mayor and council of said town of Statham, created by this Act. Mayor and councilmen. SEC. 3. Be it further enacted, That on the second Tuesday in February, 1911, an election shall be held in said town of Statham for the election of two councilmen whose terms under this Act will expire on said date; and on the second Tuesday in February 1912, an election shall be held in said town of Statham for the purpose of electing a mayor and the two councilmen whose terms will expire on said date of the second Tuesday in February, 1912; and beginning with the said elections to be held on the second Tuesdays in February, 1911 and 1912, as herein provided, the councilmen to be elected on said dates and the mayor on said date of the first Tuesday in February, 1912, shall each hold their offices for a term of two years; and annually thereafter on the second Tuesday in February, two councilmen shall be elected and biennially thereafter on the second Tuesday in February a mayor shall be elected. Election of mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: Beginning at the center of the waiting room of the Seaboard Air Line Depot and extending one mile in all directions. Corporate limits. SEC. 5. Be it further enacted, That the qualified voters of the said town shall be those qualified to vote for members of the General Assembly in said county, and who have resided for six months immediately preceding any election within the corporate limits of said town, and shall have paid all taxes due by them to said town, including fines and street tax, and shall have registered as hereinafter prescribed. Voters

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SEC. 6. Be it further enacted, That the treasurer of said town shall be ex-officio registrar of said town, and open books for the purpose of registering voters on the first Monday in January, 1911, and annually thereafter on the same day, and shall cause said books to be kept open until three o'clock p. m., on the first Monday of February thereafter, at such public place, or places as he may designate, and said books shall be open each and every day, except Sundays, from eight a. m., until three p. m., between the days named, and said registrar shall register all male citizens who are qualified to vote as prescribed in Sec. 5, thereof, and shall apply in person within the time prescribed and who shall take and subscribe to the following oath, which said treasurer is hereby authorized to administer, to-wit: You do solemnly swear that you are a citizen of the United States, that you have resided within the State of Georgia for twelve months past, and within the corporate limits of the town of Statham for six months immediately past; that you are twenty-one years old; that you have paid all taxes required of you for the State and county, and since the adoption of the Constitution of 1887, except for this year; that you have never been convicted of a felony or larceny; that you have paid all taxes legally required of you by the town of Statham, including street taxes and all fines imposed, so help me God. Registration of voters. SEC. 7. Be it further enacted, That the mayor and council before entering on the duties of their respective offices, shall subscribe to the following oath, administered by any person authorized by the law to administer oaths, to-wit: I do hereby solemnly swear or affirm that I will faithfully discharge all the duties incumbent on me as mayor (or councilmen) of the town of Statham, according to the best of my ability. So help me God. Official oath.

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SEC. 8. Be it further enacted, That when a vacancy shall occur from any cause in the office of mayor or in the council, the vacancy shall be filled by the appointment by the councilmen from among the citizens of said town eligible as herein prescribed. Vacancies SEC. 9. Be it further enacted, That the council shall elect a clerk, treasurer and marshal, each of whom shall be required to give bond and security acceptable to the mayor in such penal sum as may be prescribed by the council, payable to the corporation, conditioned faithfully to collect and pay over as said council may require, all taxes, fines, forfeitures and other money or income of said corporation. The term of office of the clerk and treasurer and of the marshal shall be two years from February, 1910. Clerk, treasurer and marshal. SEC. 10. Be it further enacted, That the mayor shall receive a salary not to exceed $500.00 per annum and councilmen shall receive not more than $50.00 per annum. Salaries. SEC. 11. Be it further enacted, That the mayor and council shall have the power to levy a tax not to exceed one per cent. on all property, real and personal, subject to the State and county tax within the corporate limits of said town for the purpose of carrying out the provisions of this charter, and further that the said tax rate shall not be raised or increased for any purpose within the next five years after the passage of this bill. Taxation. SEC. 12. Be it further enacted, That said mayor and council shall have the power and authority to provide for the arrest, trial and punishment of offenders against any ordinance, by-laws, rule or regulation of said town, by fine and imprisonment or by fine, or by work on the streets

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and improvements in lieu of fine: provided, said fine shall not exceed $200.00 nor imprisonment or work on the streets for over ninety days. Punitive powers. SEC. 13. Be it further enacted, That all the elections held under the provisions of this charter, and all elections in which any subject or question is submitted, the qualified voters of said town shall be superintended and managed by a justice of the peace and two freeholders, who are citizens of said city, or by three freeholders, all of whom shall be citizens of said town; and each of said managers, before entering on his duties, shall take and subscribe before some justice of the peace, or some officer qualified to administer, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power. So help us God. Said managers shall keep or cause to be kept two lists of voters and two tally sheets. All elections shall be held in the town hall in said town, and the voting shall be by ballot. The polls shall open at 7 o'clock a. m., and close at 3 o'clock p. m. Persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and council, who shall pay for the same by an order on the city treasurer. Elections. SEC. 14. Be it further enacted, That the said managers shall certify two lists of voters and two tally sheets, and shall place the same, together with the ballots in a sealed package, together with a certificate showing the result of the election, signed by said managers, and deliver them forthwith to the mayor, who, with the council shall open the same and declare the result, if no notice of contest

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has been given. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. If the result of any election held in said town is contested, notice of contest shall be filed with the clerk of the retiring council within two days after such election, setting forth all the grounds of contest, and upon the payment of $10.00 in advance to said clerk within two days, said clerk shall cause a copy of said notice to be served by the marshal on the contestee, if said contest is for an office and if the result in any election in which any question is submitted is contested, the said clerk shall cause notice served on the mayor of said town, and published one time in some newspaper in said town or by placing notice on the town-hall door. Said mayor shall fix the time for hearing such contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five day's notice before hearing. The contestor shall pay the marshal $2.00 in advance for serving the said notice. The mayor and council are authorized to hear and determine the contest, and the losing party shall pay all costs, for which said mayor and council are authorized to render judgment, and said clerk to issue execution thereon, which shall bear test in the name of the mayor and be signed by the said clerk. Contested elections. SEC. 15. Be it further enacted, That no person shall be eligible to the office of mayor or councilmen of said town unless he shall have resided in said town one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said town, and be a freeholder. Qualifications of mayor and councilmen. SEC. 16. Be it further enacted, That during the sickness, absence or disqualification of the mayor, the mayor

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pro tem., or in his sickness, absence or disqualification, any one of the council, chosen by the council shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. Mayor, pro tem. SEC. 17. Be it further enacted, That the mayor or mayor pro tem., and two members of the council shall constitute a quorum for the transaction of any business before the council, and the majority of the votes cast shall determine all questions and elections before the council. On all questions before the town council, the mayor, or mayor pro tem., if he is presiding, shall be entitled to vote only in case of a tie. Said mayor and council shall hold their meetings within the limits of said town, and at such time and place as they see proper. Council. SEC. 18. Be it further enacted, That if, in the investigation of any case before the mayor of said town, or acting mayor, it should appear that the penal laws of this State have been violated, it should be the duty of said mayor, or acting mayor to bind over the offender or offenders to answer to such offense to the proper tribunal competent to try the case. Appearance bonds. SEC. 19. Be it further enacted, that the mayor of said town shall be chief executive officer of Statham. He shall see that all laws, ordinances and rules of said town are faithfully executed, and enforced. He shall have general supervision and jurisdiction of the affairs of said town, and shall preside at all meetings of the mayor and council. Duties and powers of mayor. SEC. 20. Be it further enacted, That it shall be the duty of said clerk to receive the tax returns, collect the taxes, license and special business taxes and all other taxes, fines and assessments made by the mayor and council,

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keep the different funds separate, attend the meetings of the mayor and council, keep the minutes of such meetings and record the same in a book to be kept for that purpose, and perform such other duties as the mayor and council may require of him Duties of clerk. SEC. 21. Be it further enacted, That the marshal of said town of Statham shall be empowered to levy all executions in favor of said town, and all executions issued by authority of said mayor and council, whether for ad valorem, business tax, assessment, or any other taxes or for fines, licenses, or any other claims or demands of said town shall be directed as hereinafter described; and the said 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 town shall have the same authority to place purchaser's at marshal's sales in possession as sheriff's have, and deeds of real estate sold by the marshal under execution shall have the same force and effect, and shall be admitted in evidence, as are sheriff's deeds in this State. The marshal of said town shall have such other and further powers as may be conferred or imposed upon him by ordinance by the mayor and council of the town of Statham. Duties of marshal. SEC. 22. Be it further enacted, That there shall be a mayor's court in said town for the trial of all offenders against the laws and ordinances of said town, to be held by the mayor as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said court, and in the absence or disqualification of the mayor and mayor pro tem., any one of the councilmen chosen by the council may hold said court. Said court shall

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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 town prison of Statham, or by fine not exceeding $25.00; said fine may be collected by execution, to be issued by the clerk against the estate of the offender, if any estate be found, and if none, the offender may be imprisoned or worked on the streets or public work of said town. Said mayor's court shall have the power to impose the following penalties for the violation in any place of said town, public or private, of any ordinance of the town passed in accordance with its charter; that is to say, fines not exceeding $200.00, imprisonment in the town prison of Statham, not exceeding thirty days, or worked on the streets or other public works of said town for a term not exceeding thirty days, and any one or more of these punishments, in the discretion of the court. Fines imposed as provided for in this Section may be collected by execution, to be issued by the town clerk against the estate of the offender, if any estate be found, if none, the offender may be imprisoned or worked on the streets or other works as provided for in this Section. The town clerk and marshal are hereby constituted officers of said court. Mayor s court. SEC. 23. Be it further enacted, That the mayor and council of Statham shall have power to organize one or more work gangs, and to confine at labor therein persons who have been sentenced by the court of said town to work upon the streets or other public works of said town, and shall have power to make all rules and regulations that may be necessary for the government or control of such work gangs, and to enforce the same through its proper officers. Work gangs.

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SEC. 24. Be it further enacted, That the marshal or any marshals of said town, shall release any person arrested within the corporate limits of said town upon said person giving a bond to be approved by the mayor of said town of Statham, conditioned to pay the obligee in said bond an amount fixed by the mayor of said town, 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 the said person arrested is tried for the offense for which he or she was arrested. And should said person fail to appear at the time and place fixed in said bond, said bond may be forfeited before the mayor's court of the town of Statham, 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 forfeit said bonds before the mayor's court, and to pass ordinances to carry these provisions into effect. [Illegible Text] [Illegible Text] SEC. 25. Be it further enacted, That any person owning or holding property of any kind in any capacity within the corporate limits of said town, on the first day of April in each year after the passage of this Act, shall return the same for taxation under oath by the first day of May in each year, to the town clerk, upon blank forms or schedules furnished by the mayor and council for the return of all taxable property, and each taxpayer in said town shall fill out said schedule, entering thereon all the property owned or held by said taxpayer, 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, and the person making the return shall take and subscribe before the town clerk

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the following oath, 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 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 town of Statham, Georgia, including money on hand, notes, accounts, mortgages, stocks, bonds, and other investments and securities. So help me God. Each oath shall be signed by the person making said returns, and attested by the city clerk. Said mayor and council shall have authority to fix by ordinance a day in each year on which property shall be valued for taxation. Tax returns. SEC. 26. Be it further enacted, That the mayor and council may, at their option, elect three upright and owners of real estate, as town tax assessors, who shall serve at the pleasure of said mayor and council. It shall be the duty of said tax assessors to assess the value of real and personal estate in said town, for the purpose of taxation by said town, and it shall be their duty to examine the tax returns of the taxpayers of said town, and increase or decrease the valuation of personal property or real estate thereon when, in their judgment, the value placed thereon by the taxpayer is not a fair valuation of said property. Said assessors shall make return of their assessments made by them to the mayor and council at such time as the mayor and council may direct. When said return is made the mayor and council shall fix a time and place for hearing objections to the assessments, said objections to be heard by the mayor and council, and the clerk of said town 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 said increase. If the owner is not a resident

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of said town, and has no agent therein, the mayor and council shall prescribe what notice if any, shall be given. If the property has been given in by an agent, notice may be served upon said agent. Said mayor and council shall have power and authority to provide by ordinance for assessing all property, both real and personal, not returned for taxation, and for double taxing defaulters. All assessments for taxes made by said assessors shall be 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 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. Members of the town council shall be eligible to act as tax assessors. Tax assessors. SEC. 27. Be it further enacted, That in case any property which is subjected to taxation was assessed, or returned for taxation, and all taxes collected herein in any year then passed, the town tax assessors, or mayor and council, may at any time assess said property for said year or years, if there has been a failure to return it as required by law; provided, the mayor and council shall have provided for double taxing defaulters, and execution shall then issue therefore, as in other cases, as 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 or returned for taxation and taxes collected thereon, as well as property which in future may be omitted from any cause from taxation. And assessments may be made and execution issue hereunder, as well as for years prior to the

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passage of this Act as thereafter. The mayor and council may provide by ordinances for the executions of the provisions of this Section, if necessary, and shall provide 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 as directed by the mayor and council. Back taxes and double tax SEC. 28. Be it further enacted, That the mayor and council shall have the power and authority to provide by ordinance when the taxes of said town shall fall due, and in what length of time said taxes may be paid, when execution 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 non-payment of taxes when due. Taxes, when due. SEC. 29. Be it further enacted, That executions for any and all taxes or fines, license fees, forfeitures or demands due said town, or its corporate authorities, against any person or persons, firm, company or corporation, shall be issued by the clerk of said town, bear test in the name of the mayor, and be directed to the marshal of said town, and all and singular the sheriffs, deputy sheriffs and constables of this State, commanding them that if any property belonging to the defendant against whom said execution is issued, they make by levy and sale the amount due on said execution and costs. 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 town executions. The sheriffs, deputy sheriffs and constables of this State shall have the same power and authority to levy and collect executions issued by the town of Statham, as they have to levy and collect from the various courts of this State. Collection of taxes, etc.

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SEC. 30. Be it further enacted, That said mayor and council shall have authority to regulate the opening and closing of all business houses within said town so as to provide at what hour each shall close and open. Said mayor and council may classify the said business, and make such regulations for each class as they deem best. Regulation of business SEC. 31. 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, theatrical companies, and shows and exhibitions and to fix the amount of such license by ordinance. They shall have the power to place a tax upon brokers, and to regulate all markets, opera houses, livery stables, auctioneers, itinerant traders, peddlers of all kinds, and all other traveling or located venders or dealers of articles, wares or merchandise, except such as are excepted by the laws of this State. Also all solicitors or canvassers, selling goods or wares 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 taxes. Specific taxes. SEC. 32. Be it further enacted, That the mayor and council may, by ordinance, provide for enforcing the foregoing provisions of this Act by prescribing penalties for those who may engage, or attempt or offer to engage in any of said callings or businesses without first having taken out the license required by law. Also to provide for the collection of the license by issuing, levying and collecting executions thereof, 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

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laws or ordinances regulating the granting or issuing of said license. Penalties. SEC. 33. Be it further enacted, That the mayor and council of said town shall have full power and authority to pass all by-laws and ordinances for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquility 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 town. General welfare. SEC. 34. Be it further enacted, that said mayor and council shall have full and complete control of the streets, sidewalks, alleys and squares of said town, and shall have full power and authority to condemn property for the purpose of opening and laying out new streets and alleys, and for widening, straightening or otherwise changing the streets, grades of trees, sidewalks and alleys of said town; 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 trustee, executor, administrator, agent or guardian, in the manner provided by Sections 4657 and 4686, Volume 2, Code of 1895, of this State, and Acts amendatory thereof. Said mayor and council shall have full power and authority to remove 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. Control of streets, etc. SEC. 35. Be it further enacted, That the mayor and council of said town shall have power to require every male inhabitant in said town, who by the laws of this State

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are subject to be worked on the public roads, to work such length of time on the streets as said mayor and council shall direct by ordinance, in no case to exceed ten days in one year. Any person subject to be worked on the streets shall have the right to relieve themselves of said work by paying a commutation tax to be fixed by ordinance, which tax shall not exceed $5.00 per year, said work to be done or tax to be paid as said mayor and council may direct. Any person subject to work on said streets who shall fail to work or to pay said tax after being properly notified, may be punished in the mayor's court as prescribed by ordinance. Commutation tax. SEC. 36. Be it further enacted, That the mayor and council shall have full power and authority to make an assessment of the various lots of land and lot owners in said town for sanitary purposes, not to exceed $2.00 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 executions are issued and enforced in said town. 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 assessment made under their Section shall not be made on vacant lots, and residence lots shall be sub-divided for assessment. Sanitary tax.

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SEC. 37. 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 town to provide suitable privy or water-closet accommodations upon such improved premises, whenever in their judgement and in the opinion of the town physician such improvements are necessary to preserve the health or to protect the sanitary interests of citizens of any neighborhood within said town. The mayor and council are authorized to enforce the provisions of this Section by appropriate ordinances. Sanitation. SEC. 38. 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 town, and enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings in said town may be erected or covered; how high the walls must be, and how chimneys, stovepipes and flues are to be constructed, and generally to do all such things as they may deem necessary to protect said town, 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 construction or arrangement of chimneys, stovepipes or flues, or the removal thereof, when, in their judgement 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 town, 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

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and power to remove the same at the expense of the owner, which expense may be collected by execution. Fire limits. SEC. 39. Be it further enacted, That the mayor and council may, by ordinance, provide for a board of health, to consist of such number, to hold office for such length of time, and to have such powers and duties as the mayor and council may by ordinance provide. Board of health. SEC. 40. Be it further enacted, That said mayor and council may by ordinance declare what shall be nuisances in said town and provide for the abatement of the same. The mayor's court of said town of Statham shall have concurrent jurisdiction with the mayor and council of said town in respect to trial and abatement of all nuisances in said town of Statham. Nuisances. SEC. 41. Be it further enacted, That said mayor and council shall have full power and authority to prevent annoyance to the public or individuals from anything dangerous, offensive, unwholesome; to protect places of divine worship in and about the premises where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near town places for the burial of the dead, and regulate the interment therein; to provide for the drainage of lots in said town 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 town; to regulate and control public meetings and public speakings in the streets of Statham, and to prevent the obstruction of the streets of said town, or the gathering of disorderly crowds in said streets and to enforce the provisions of this Section by appropriate ordinances. Police powers.

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SEC. 42. Be it further enacted, That said 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 town of Statham, and to that end may provide ordinances punishing any person or persons keeping in said town spirituous, vinous, malt or intoxicating liquors for illegal sale. Intoxicants. SEC. 43. Be it further enacted, That no person holding an office under the town of Statham, shall during the time for which he was elected or appointed, be capable of contracting with said corporation or its duly constituted officers for the performance of any work which is to be paid for out of the treasury, nor shall any person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly. [Illegible Text] prohibited. SEC. 44. Be it further enacted, That said mayor and council shall have power to take up and impound any horses, mules, hogs, cows or other animals running at large in said town; also to levy a tax on each dog in said town running al large not to exceed $1.00 a year, 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 to enforce the provisions of this Section. Stock law. SEC. 45. Be it further enacted, That nothing contained in this Act shall modify, change, alter or in any manner interfere with the Act establishing a public school system for Statham, approved August 22, 1905. Public schools.

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SEC. 46. Be it further enacted, That the mayor and council shall have power and authority to establish a system of waterworks and electric or other lights or either in said town for the purpose of supplying water and lights, or either, to said town and the inhabitants thereof, and to do any and all other things necessary for said purposes; to contract with any person or persons for the purchase of lands and premises for plants, either within or without said town limits; to make contracts with the inhabitants of said town, and to pass all ordinances, rules and regulations necessary and proper for said purposes. That the mayor and council of said town shall have full power and authority to contract with any person, natural or artificial, for a term of years to furnish said town and its inhabitants with electric or other lights and water, or either, upon such terms and conditions as they may think best, and to grant to such person, persons, firm or corporation franchises and rights to the use of the streets of said town for the purpose of installing said electric or other lights and waterworks systems, or either of them. Water and light. SEC. 47. Be it further enacted, That the mayor and council shall 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 the sum of seventy-five thousand dollars ($75,000.) of the denomination of five hundred dollars ($500.00) each to become due and payable at such times not exceeding thirty years from the date of the issue thereof, as said mayor and council shall determine, and bear not exceeding six per cent. per annum. Said bonds to be issued, sold and hypothecated for the purpose of establishing, maintaining and operating said waterworks, electric or other light system, either or all; also a sewerage and drainage system for said town; provided,

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however, that said bonds shall not be issued until the same shall have been submitted to a vote of the qualified voters of said town and approved by two-thirds vote by the qualified voters of said town voting at such election. Bonds for water and light. SEC. 48. Be it further enacted, That the mayor and council of said town 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 town and around said town 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 pipes, private drains and sewers, water-closets, privies and the like, in said town, 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 town, and with power also to require changes in, or the total discontinuance of any of such contrivances or structures already in existence, or that may be 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 other public improvements under this charter, and said assessments shall be a lien on the property so assessed as provided in this Act. Sewerage SEC. 49. 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 refuses to grant right of way for the purpose, and such owner and

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the authorities of said town can not agree upon the damage to be paid for such easement, then assessors shall be appointed to assess the damage of said property by reason of, 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, straightening or widening streets under the charter and laws of said town. Upon the payment or tender of the amount of the award, the work may proceed, notwithstanding the entering of any appeal. Damages to private property. SEC. 50. 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 connections therewith when in their judgment the good of the town 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. 51. Be it further enacted, That the 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. Ordinances. SEC. 52. Be it further enacted, That for the purpose of the preservation of the health of the inhabitants of said town the mayor and council are empowered to extend their systems of sewerage or drainage beyond the limits of said

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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 town, as may be necessary for the construction of said system. Sewers beyond corporate limits. SEC. 53. 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 12, 1910. SYCAMORE, TOWN OF, CHARTER REPEALED. No. 330. An Act to repeal an Act entitled an Act to incorporate the town of Sycamore, in Irwin county, and to grant corporate powers to the same, and for other purposes, approved September 29th, 1891, and an Act amendatory thereof which is as follows: An Act to amend the charter of the town of Sycamore, in Irwin county, as set forth in an Act entitled an Act to incorporate the town of Sycamore, in Irwin county, and to grant corporate powers to the same, and for other purposes, approved September 29th, 1891. 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 to incorporate the town of Sycamore, in Irwin county, and to grant corporate powers to the same, and for other purposes, approved September 29th, 1891. and an Act amendatory thereof, entitled an Act to amend

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the charter of the town of Sycamore, in Irwin county, as set forth in an Act entitled an Act to incorporate the town of Sycamore, in Irwin county, and to grant corporate powers to the same, and for other purposes, approved September 29th, 1891, as set forth on pages of the Acts of the General Assembly of Georgia, 1891, be, and the same are, hereby repealed. Sycamore, town of. Charter repealed. SEC. 2. Be it further enatced 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 3, 1910. SYCAMORE, TOWN OF, NEW CHARTER. No. 419. An Act to amend an Act to incorporate the town of Sycamore, approved September 29th, 1891, and the several Acts amendatory thereof, so as to provide for the extension of the corporate limits of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act creating the town of Sycamore, approved September 29th 1891, and the several Acts amendatory thereof be, and the same are, hereby amended as follows: Sycamore, town of. SEC. 2. Be it enacted by the authority aforesaid, That the Act incorporating the town of Sycamore, in Irwin county, he amended so as to read Turner county, Georgia.

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SEC. 3. Be it enacted by the General Assembly of the State of Georgia, That the inhabitants of the territory embraced within the limits of one-half mile in every direction from the center of the Lawton Hotel as it is at present located in Sycamore, in the county of Turner, be incorporated under the name and style of the Town of Sycamore, and said town of Sycamore is hereby incorporated, and by that name and style shall have perpetual succession; may have and use a corporate seal; may sue and be sued; may plead and be impleaded 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 the town of Sycamore, and may sell or otherwise dispose of the same for the benefit of said town, as to the town council may seem fit and proper, the mayor of said town, by direction of the town council, making deed to any property sold or disposed of by the said town. Corporate limits SEC. 4. Be it enacted by the authority aforesaid, That the present officers of the town of Sycamore, to-wit: Wm. Van Houten, mayor; J. M. Brown, W. D. Fountain, Edwin Smith, C. T. Maddox and Homer Adams, councilmen, be, and they are, hereby declared lawful officers of the town of Sycamore, under this charter, until the first day of January, 1911, and until their successors are elected and duly qualified, as provided in this charter. Mayor and councilmen. SEC. 5. The municipal government of the town of Sycamore shall be vested in a mayor and five Aldermen, who shall be elected in the manner hereinafter set out, and who shall compose the town council of Sycamore.

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CHAPTER II. OFFICERS, ELECTIONS, QUALIFICATIONS, ETC. SEC. 6. Be it enacted by the authority aforesaid, That an election shall be held at the city council chamber in the town of Sycamore, on the second Monday in December, 1910, a mayor and five (5) aldermen shall be elected for two years, and until their successors are elected and qualified. On the second Monday in December, 1912, and every two years thereafter, a mayor and five aldermen shall be elected to serve for two years and until their successors are elected and qualified. Election of mayor and aldermen. SEC. 7. All elections shall be superintended and managed by a justice of the peace, or some other judicial officer, and two freeholders, residents of said town, and before entering on their duties as managers of said elections they shall subscribe to the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are justices of the peace, or other judicial officers, or freeholders (as the case may be), residing in the town of Sycamore; 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 that he is entitled to vote according to the laws of said town, nor will we knowingly prohibit any one from voting who is by law entitled to vote; said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in the county of Turner qualified to administer oaths, or, if no such officer can be had, said superintendents or managers may swear each other. Election managers. SEC. 8. The polls at all elections held in and for said town shall be open from 8 o'clock a. m. till 3 o'clock p. m., when they shall be closed, and the managers of said election

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shall proceed to count the ballots and consolidate the returns of said election and certify same. They shall keep two lists of voters and two tally sheets, and shall make certificate of the result on each tally sheet, and shall place said lists of voters and said tally sheets, together with the ballots, in an envelope or box, and seal the same and deposit with the clerk of town council for delivery to and inspection by said town council, who shall meet within five (5) days after said election is held and declare the result of the same. The clerk of the town council, after the expiration of sixty days from the time of the said election, shall destroy said ballots and said list of voters, without inspection; provided, no notice of contest be filed or pending. Elections, how held. SEC. 9. Be it enacted by the authority aforesaid, That all persons who have registered as qualified voters of the town of Sycamore during the year 1910, under the laws now governing the registration of voters in said town, and who are otherwise legally qualified to vote in municipal elections in said town of Sycamore, under the laws of said town now in force, shall be qualified to vote for mayor and aldermen of the town of Sycamore, to be elected under the provisions of this Act, on the second Monday in December. 1910. Voters. SEC 10 All persons who shall have paid all taxes legally imposed and demanded by the town authorities, except taxes for the year in which the election is held, who have been bona fide residents of said town for sixty days previous to the time when the election is held, who have registered as qualified voters of the town as hereinafter provided for, and who are qualified to vote for members of the General Assembly of Georgia, except registration in the registration book kept by the county tax collector or registrar, shall not be considered a necessary qualification,

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shall be considered electors, and be entitled to vote in said town elections and no other shall be qualified to vote. Qualified voters. SEC. 11. The clerk or treasurer or such other person as may be designated by the town council, shall open a list or book for the registration of voters, ample notice of which shall be given by publication in the newspaper in which sheriff's advertisements for the county of Turner are published, or by pasting at three or more public places in said town for at least fifteen days prior to any election, which list or book shall be finally and absolutely closed for registration five days before the election, after which time no person shall be allowed to register. Each and every person applying to be registered shall make oath before the registrar in whose possession is the list or book of registration, who is hereby authorized to administer the same, which oath shall be written or printed on said list or book of registration as follows: I do swear that I am twenty-one years of age, or will be by the time of the election now next to be held in the town of Sycamore. By the next municipal election in the town of Sycamore, I will have resided in the State of Georgia twelve months, in the county of Turner six months, and in the town of Sycamore sixty days. 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 in said election. Registration of voters. SEC. 12. The registrar shall furnish the list or book of registration to the managers of the election, together with an alphabetical list of the names of the registered voters at the opening of the polls, and the managers shall be judges of the qualifications of all registered voters. List of voters.

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SEC. 13. If any person shall register on the list or book kept by the registrar as aforesaid, who is not entitled to register under the laws of said town of Sycamore, or if any person votes in any election in said town who is not legally entitled to vote under the laws of said town, he shall be guilty of a misdemeanor and shall be punished as prescribed in Section 4310 of the Code of 1882, upon conviction, after indictment or presentment by the grand jury of the county of Turner. Illegal voting SEC. 14. The mayor and aldermen of said town elected on the second Monday in December, 1910, shall on the first day of January, 1911, be installed in office by taking and subscribing 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 devolving upon me as mayor, (or aldermen as the case may be), of the town of Sycamore that I will faithfully execute and enforce the laws of said town 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 town, and the common interest thereof, so help me God. And on the first day of January of each year thereafter the mayor and alderman elect, or the aldermen elect, shall be installed in office by taking and subscribing said oath. If the first day of January be on a Sunday, the installation shall be on Monday following. Official oath. SEC. 15. In case of a vacancy in the office of mayor or alderman, caused by death, resignation, failure to elect, removal from the town, or otherwise, said vacancy shall be filled by an election ordered by the town council, to take place not less than thirty days from the time such vacancy occurs, under the same rules and regulations that govern

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the regular elections of mayor and aldermen of the town. Notice of said election shall be given by the clerk of the town council, by posting copies of the order calling the election at three or more public places in said town for two weeks before said election is to take place; in the newspaper published in the city of Ashburn, in which the sheriff's advertisements are published. Vacancies. SEC. 16. The chief executive officer of the town of Sycamore shall be the mayor, who shall be a citizen of the United States, a qualified elector, a resident of the town of Sycamore, and shall hold his office for two years, and until his successor is elected and qualified. All the aldermen of said town shall be citizens of the United States and qualified electors, residing in the said town of Sycamore. Should the mayor or any alderman, during the term of his office, remove from the limits of the town, his office shall thereby become vacant. Qualifications of mayor and aldermen. CHAPTER III. MAYOR. SEC. 17. The mayor shall preside at the meetings of the town council, but shall not be allowed to vote except in the elections by the council of the officers of said town. The mayor shall have the right and power to veto any ordinance or resolution passed by the town council, and the right and power to veto any ordinance passed by the council appropriating money. Mayor, duties and powers. SEC. 18. All ordinances and resolutions passed by the town council shall be transmitted by the clerk of the council to the mayor of the town, and the same shall not become operative as a resolution or ordinance of the town council unless the same is approved by the mayor and returned to

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the town council by its next regular meeting, or unless the mayor fails by the next regular meeting of said town council to approve or disapprove such resolution or ordinance. SEC. 19. In case said mayor should fail to approve or disapprove such ordinance or resolution, or in case he disapproves same, such ordinance or resolution shall be reconsidered by the town council, and in case it receives a majority vote of the whole council it shall become a law. SEC. 20. The mayor of said town shall see that all laws, ordinances and resolutions of the town are faithfully executed and enforced, and that all the officers of the town shall faithfully discharge the duties required of them; he shall have general jurisdiction of the affairs of the town; he may exercise within the town limits the powers conferred upon sheriffs and constables to suppress disorder and keep the peace; he shall have power, when necessary, to call on every male inhabitant of the town over eighteen years of age, to aid in suppressing riot or disorderly assemblages of any kind or to aid in enforcing the laws and ordinances of the town; he shall have power to inspect the books, records and papers of any agent, employee or officer of the town; he shall from time to time and at the end of each official year, give the town council information relative to the affairs of the town, and shall recommend for the consideration of the town council such measures as he may deem expedient. CHAPTER IV. TOWN OFFICERS ELECTED BY COUNCIL. SEC. 21. The town council shall, at the first meeting of the same after election and qualification, elect the police officers of the town, a clerk and a treasurer, who shall hold

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their office for two years, unless convicted before mayor and council of failure to discharge their several duties, and unless their successors are elected and qualified. The town council shall also at said first meeting after their election and qualification, elect one of their members as mayor pro tem., who shall, in the absence of the mayor, be the presiding officer of the town council, and shall be allowed to vote on all questions; and who shall, in the absence or disqualification of the mayor, exercise all the functions of the office of mayor; and all the duties, powers, rights and privileges conferred by this charter upon the mayor may and shall be exercised by the mayor pro tem. in the absence or disqualification of the mayor, or when the mayor, from sickness or from some other reason, is unable to act. Officers. SEC. 22. At their first meeting of the town council they shall fix the salaries of the police officers of the town and of the clerk and treasurer of the town council, and the salaries of the mayor, mayor pro tem. and the aldermen, the salaries to remain fixed and unchanged for the year; and shall require each of the subordinate officers of the town council, an oath provided by ordinance for the faithful performance of their several duties, and a bond and security in such sum as may be fixed by ordinance for the diligent and faithful performance of the duties of their several offices. The amount of the salaries of the mayor, mayor pro tem., clerk and treasurer shall be fixed by the mayor and council on the first day of January after their election. Salaries, [Illegible Text] SEC. 23. The mayor and aldermen shall by their first regular meeting in March of each and every year, appoint or elect a tax assessor, or assessors, should more than one be necessary, who shall each be freeholders, owning real estate in the town of Sycamore, to assess the taxable real

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estate of said town, and to receive the returns of personal property under oath, and perform such other service as may be by ordinance required in connection with said office. It shall be the duty of said tax assessor or assessors to place a just, fair and equitable valuation on property within the corporate limits of said town, and when the owner of personal property fails to return the same for taxation, it shall be their duty to place a just, fair and equitable valuation on same and double the said valuation, and enter said double valuation upon the tax digest, with an entry thereon showing the same was double taxed. The tax assessor or assessors shall give notice by posting in three public places in the town of Sycamore for two weeks, of the time when they will begin receiving tax returns and the time when the books for receiving same will be closed. In no event shall the books for receiving same be kept open for less than thirty days. Tax assessors. SEC. 24. Should any property owner be dissatisfied with the assessment of his or her property, he or she shall have the right to appeal from said assessment to the town council; provided, such appeal be made within thirty days from the time fixed for the return of the assessor or assessors, of the tax digest to the town council, which shall be made by the first of August each year. Appeals from assessments. CHAPTER V. MAYOR'S COURT. SEC. 25. The mayor, or in his absence or disqualification, the mayor pro tem., or in case of his absence or disqualification of both the mayor and the mayor pro tem., any member of the town council may hold the mayor's court for the trial of all offenders against the laws and ordinances of said town as often as necessary; said court shall have the

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power to preserve order, compel the attendance of witnesses, and punish for contempt. Mayor's court. SEC. 26. The punishment for any violation of a town law, ordinance or rule, or for contempt, shall be a fine not exceeding $50.00, imprisonment in the guard-house or county jail, by permission of the county authorities, not exceeding thirty days, work on the street, chaingang or other public works of the town, under the supervision of the chief of police or the marshals of the town, not exceeding thirty 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. Contempt. SEC. 27. Any person convicted before the mayor, mayor pro tem., or any member of the town council, sitting as a mayor's court, for any violation of the laws or ordinances of the town may enter an appeal from the judgment of said court to the mayor and aldermen of the town, sitting in council; provided, the appeal be entered instanter, and provided, that all costs are first paid and bond given to abide the decision of said council. Any person convicted on such appeal by the mayor and aldermen, sitting in council, may have the right of certiorari to the Superior Court of Turner 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 mayor, for the appearance of defendants to answer the final judgment or decree of the court; provided, that nothing in this Section shall prevent the applicant for certiorari from filing the proper pauper affidavit in lieu of the payment of costs or giving the bond, as now required by law. Appeals.

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SEC. 28. If on the trial of any person before the mayor, mayor pro tem., or mayor and aldermen sitting in council for a 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 CHAPTER VI. JUDICIAL AND MINISTERIAL POWERS, ETC. SEC. 29. The mayor of said town 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 Sycamore, offenses against any penal law of this State, and to take the examination of such person, and the same to discharge or commit to prison, or let to bail, according to law to answer such charge before the proper court having jurisdiction, in the same manner as justice of the peace of the several counties of the State, now or may hereafter have by law, all of which warrants shall be addressed to The chief of police of Sycamore, or any marshal, or deputy marshal thereof, and to all and singular 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 the State have to execute criminal warrants. Warrants. SEC. 30. It shall be lawful for the chief of police of the town, the marshal or any special policeman lawfully appointed, to arrest, without warrant, any and all persons within the corporate limits of said town, who are, at the time of said arrest, or before that time, has been guilty within said limits of disorderly conduct, public indecency,

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quarreling, fighting, or any violation of any of the laws or ordinances of said town, 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 confine any person arrested by them in the town guard-house, for a reasonable length of time. Said chief of police, marshals, or any special policeman, may have power and authority to call to his assistance to arrest and detain such offenders, the sheriff of Turner county, or his deputies or any constable of said county, or any bystanders, and such persons when so summoned, shall be bound to aid and assist said officers, and should they fail to do so, they, or either of them, shall be liable to be prosecuted in the mayor's court, and upon conviction shall he punished as prescribed in Section 26 of this Code. Arrests. SEC. 31. The chief of police, marshal, or special policeman, shall have the right, power and privilege (though they shall not be compelled) to release any person arrested within the corporate limits of the town upon said person giving a bond to be approved by the chief of police or the mayor of said town, payable to the town of Sycamore, conditioned to pay the obligees in said bond an amount fixed by the chief of police or the mayor of said town, 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, till said person arrested is tried for the offense for which he or she was arrested. Appearance bonds. SEC. 32. If any person who has been arrested charged with a violation of any law or ordinance of the town of Sycamore, and has given bond for his or her appearance before the proper corporate authorities to answer such charge, fails to appear at the time and place fixed and recited

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in the bond, said bond shall be forfeited and a rule nisi, directed to the principal and the securities, 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 forfeiture nisi, why the bond shall 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 publishing the same once a week for four weeks prior to the sitting of the court to which the same is made returnable, in the newspaper published in said town or county, in which the sheriff's advertisements are published. 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 costs, which execution shall be signed by the clerk of the council and mayor of said town, and shall have the same lien and binding effect upon the property of the defendants therein as execution issued upon judgments in justice's or Superior Courts. Said executions shall be directed to The Chief of Police of the town of Sycamore, or any Marshal or Deputy Marshal thereof, and to all and singular Sheriffs, the Deputy Sheriffs or Constables of this State; by any one of whom the same may be executed. Forfeitures. CHAPTER VII. FINANCES; TAXATION. SEC. 33. The town council shall have the power to control the finances and property of the town; to appropriate money, and to provide for the payment of the debts and expenses of the corporation. Administration of finances.

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SEC. 34. The finance committee of the town council shall make to the town council quarterly reports of the financial condition of the town, and the town council shall have the same published as soon as practicable after the same is rendered, by posting in three public places in said town. Finance committee. SEC. 35. The mayor and aldermen of said town are authorized to purchase real estate in the town of Sycamore and erect thereon buildings in which corporate authorities and the officers of said town may transact the public business of said town, and in which to keep the records, archives and property of said town, and a building for a town prison or guard-house, and such other buildings as may be necessary or convenient for carrying on the government of said town. Public buildings. SEC. 36. All male persons over the age of sixteen years and under the age of fifty years, who have resided in the corporate limits of said town ten days, shall be subject to work on the streets, alleys and sidewalks, within said limits each and every year, not exceeding ten days each year, or pay a commutation tax each year, in lieu of working said streets, alleys and sidewalks, not exceeding five dollars each year; and in the event any such person fails to do such work, or to pay such commutation tax as may be fixed by the by-laws and ordinances of said town, after being notified by the chief of police, marshal, or any policeman or marshal of said town, in writing one day beforehand to do said work or pay said tax, such person, for such refusal or failure, shall be subject to be arrested by the chief of police, marshal or any policeman or marshal of said town, and punished on such charge being preferred against him in the mayor's court, by being compelled to work on the streets, alleys and sidewalks of said town not exceeding thirty days and to pay

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a fine of fifteen dollars or less and to be imprisoned in the town prison or guard-house not exceeding thirty days, or being compelled to do one or more, or all of these things, for each and every day he so fails and refuses. Commutation tax. SEC. 37. The town council shall have power to levy and collect taxes for general and special purposes upon all real and personal property within said town; to provide further levying and collection of a business or occupation tax 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 who engage in or offer or attempt to engage in, any profession, 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 or occupation, not exempt by law, within the limits of said town, as said mayor and aldermen may deem expedient for 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 practising or engaging in such profession, trade, business or occupation; and the mayor and aldermen shall provide by ordinance for the punishment of all persons required by ordinances to pay such occupation tax, or to take out license for same, who engage in such business, profession or occupation, before paying such tax or taking out such license, and complying fully with all the requirements of the town council made in reference thereto. Taxation. SEC. 38. The town council shall have the power to require a license to be paid by all theatrical performances, shows, circuses, menageries and exhibitions of any kind for gain; and upon all itinerant trades or traders and peddlers, all vendors of patent or proprietary medicines, drugs, books,

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nostrums or devices of any kind; of all solicitors or canvassers selling goods, wares, merchandise, or other things by retail to customers; of all agents of fire, accident or life insurance companies doing business in said town; and to provide by ordinance for the punishment of any person or persons who may engage in or attempt or offer to engage in such business or calling without first having taken out the license required by law, or for the collection of the license by issuing executions therefor, as executions are issued and collected for ad valorem taxes. Licenses. SEC. 39. The clerk of the town council shall issue execution, which execution shall be countersigned by the mayor or mayor pro tem., for any and all taxes, or fines, or license fees, or assessments or forfeitures, or demands, due said town or its corporate authorities, against any person owing the same, or any property subject thereto, directed to The chief of police of the town, to any marshal thereof, and to all and singular the sheriffs and deputy sheriffs and constables of this State, commanding them that of any property belonging to the persons against whom said execution issues, or of certain property described in the execution, to make by levy and sale thereof the amount due upon said execution and costs. Said execution shall have the same force and binding effect as other executions for taxes; in case it is for ad valorem taxes due the town, and in case it is for other licenses, forfeitures, fines or demands due the town, shall have the same force and binding effect as executions issued from the Superior Courts and justice's courts of this State, and may be levied by any officer to whom it is directed upon any property in said State subject to said execution. The same rights and privileges shall belong to the person against whom said executions issue to file an illegality to said execution, and to any person not

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a party to said execution to file a claim to property levied on and give bond, as if said execution issued from a justice's or Superior Court of this State; and if the amount claimed on said execution is less than one hundred dollars, all the papers connected with said claim of illegality case shall be returned to the justice's court of the district in which the town of Sycamore is situated for trial, and said claim of illegality case shall be tried as claim of illegality cases are tried by law in said court. If the amount claimed on said execution is more than one hundred dollars, or the property levied on and claimed is real estate, then all the papers in said case shall be returned to the Superior Court of Turner county, or in case the real estate levied on and claimed lies in some other county, then the Superior Court of the county in which the real estate levied on and claimed is situated, in which court said case shall be tried and determined in said courts. The officers making sale under said execution shall execute title to property sold and put the purchaser in possession of same. Collection of taxes, etc. SEC. 40. The town council shall have the 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. Taxes, when due. CHAPTER VIII. STREETS, ALLEYS AND SIDEWALKS. SEC. 41. The town council of said town shall have the right to condemn and appropriate, as hereinafter provided, private property for public use; to lay off and open new streets, alleys, lanes, or other ways for the convenience of the public or any citizens of the town; to vacate, close, alter, widen, curb, pave and keep in good order and repair

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all streets, avenues, alleys, lanes, sidewalks, and to construct and keep in repair drains, sewers, and gutters; to improve and light the streets, public parks and grounds; to furnish lights for private use and charge therefor; to keep all public grounds, streets, sidewalks, cross-walks, alleys, lanes or other ways free from obstructions of any kind; to regulate the width of sidewalks and cross-walks on the streets; to grade and change the grade of all streets, sidewalks, cross-walks, avenues, alleys, lanes or other ways; to require adjacent land owners or lessees to curb, pave or improve sidewalks at their own expense, under the direction of the authorities of said town, and upon failure of the land owners or lessees to do so, the authorities of said town may have such work done and collect the cost thereof from the adjacent land owners or lessees by execution as other taxes are collected. Control of streets, etc. SEC. 42. In all cases where the authorities of said town see proper to open any new street or to widen any street, lane or alley, or in any way to change the same, it shall be lawful for them to have said street, lane or alley, or the proposed change in same, surveyed and marked; and before proceeding to open the same, they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened, widened or changed twenty days, during which it shall be lawful for such owner, his agent or attorney, in case he cannot agree with said authorities as to the amount of damages, to file objections to the opening of said new street, lane or alley, or to widening or changing the old street, lane or alley, and make claim for damages which may result to such owner. In case no objection and claim for damages is filed within said twenty days, it shall be lawful for the town council to proceed at once to open said street, lane or alley, or to

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make such change in any old one agreeable to the survey made before the commencement of the proceedings, and the owner of the land through which said new street runs, or such change is proposed to be made, shall be stopped from thereafter claiming any damages by reason of the opening said new street, or changing or widening any old one. In case objections are filed and damages claimed, it shall be the duty of the mayor of said town to select one disinterested freeholder, resident in said town, and the owner or his agent shall select another, and they two a third (and in case the said owner shall refuse to select an assessor, the Ordinary of Turner county shall appoint one for him, on application to him reciting said fact by the mayor of said town,) and the three assessors so chosen, after having such evidence as may be offered by either party, shall proceed to assess the damages resulting therefrom; provided, either party being dissatisfied with said award, shall have the right to appeal from the same to a jury in the Superior Court of Turner county under the law governing appeals in other cases. Damages to private property. SEC. 43. The town council shall have the right and power to regulate the use of all sidewalks, cross-walks and structures over and under the same; to require the owner or occupant of any premises to keep the sidewalks in front of or along the same free from obstructions; to regulate and prevent throwing or depositing of ashes offal, dirt, garbage or any offensive matter into any street, avenue, alley or public place within the town, or into any stream of water within the town, and to prevent any injury of any kind to any street, alley or public grounds of the town. Street regulations.

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SEC. 44. The town council shall have the right to provide for and regulate curbs and gutters that flow into the streets or on the sidewalks of the town; to regulate or prohibit the use of streets and public grounds for signs, signposts, awnings, telegraph or telephone poles, horse troughs, racks, and posting hand bills and advertisements; to regulate or prohibit the carrying of banners, placards and hand bills in the streets or public places of the town. Street regulations CHAPTER IX. POLICE POWERS. SEC. 45. The town council shall have the right and power to regulate traffic, and sales upon the streets and public places of the town; to regulate the speed of horses and other animals, vehicles, bicycles or other means of locomotion, cars and locomotives within the limits of the town; to suppress rowdy or disorderly houses, houses of ill-fame or assignation within the limits of the town; to suppress gaming or gambling houses, lotteries and fraudulent devices and practices for the purpose of gambling or obtaining money or property, and to prohibit the sale or exhibition of obscene or immoral publications. prints, pictures or illustrations. Police powers. CHAPTER X. FIRE LIMITS. SEC. 46. The town council shall have the right and power to prescribe the limits within which wooden buildings or structures of any kind shall not be erected, placed or repaired, without permission of said town council; to provide that any and all buildings within said limits, which shall be known as the fire limit, which shall have

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been damaged by fire, decay or otherwise to the extent of fifty per cent. of the value shall be torn down or removed, and to prescribe the manner of ascertaining such damage, and the damage sustained by the owner by reason of being thus compelled to tear down or remove such building. In case of an offense against such fire regulations the town council, after having given five (5) days notice, shall cause any building not fireproof, so erected in violation of the ordinances of said town, to be removed at the expense of the owner or builder thereof, to be collected by execution, as in cases of other executions issued by said town; and said town council shall have the right and power to determine what are and what are not fireproof buildings within the meaning of said ordinances; said town council shall have the right and power to prohibit and prevent the dangerous construction of chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers and apparatus used about any building or manufactory, and to cause the same to be removed or placed in safe condition at the expense of the owner when, in the opinion of the town council it is necessary to do so in order to insure safety against fire. Fire limits. SEC. 47. The town council shall have the right and power to provide for the inspection of steam boilers, to regulate or prevent the storage of gunpowder, tar, pitch, rosin, coal oil, benzine, naptha, turpentine, hemp, cotton, petroleum, nitro-glycerin, dynamite, and other combustible or explosive substance or material, and the uses of lights in stables, shops, or other places, and the building of bonfires; also to regulate or prevent the use of fireworks, firecrackers, torpedoes, romancandles, skyrockets and other pyrotechnic displays. Explosives.

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CHAPTER XI. ABATE NUISANCES; APPOINT BOARD OF HEALTH; ESTABLISH QUARANTINE; ESTABLISH AND REGULATE CEMETERIES. SEC. 48. The town council 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 appoint a board of health for the town of Sycamore, and prescribe their powers and duties; to establish and maintain a quarantine against contagious and infectious diseases; to do all Acts and make all regulations, which may be necessary or expedient for the promotion of the morals, health or temperance of the residents of said town, or for the suppression of disease; to establish and regulate cemeteries within or without the corporation, and to acquire lands therefor by gift, inheritance or otherwise; to prevent the establishment of any unwholesome or offensive business or establishments within the limits of the corporation; to compel the owner or user of any cellar, stable, pigsty, privy, sewer or any other unwholesome or nauseous house or place to cleanse, abate or remove the same, to regulate the location thereof. Board of health and sanitation. CHAPTER XII. LIQUOR, SALE OF AND STORAGE PROHIBITED. SEC. 49. The town council of said town shall have power to pass any ordinance, not in conflict with the Constitution or the laws of this State or the United States, to prohibit the storage or keeping on hand for sale, wines, beer, malt, alcoholic or intoxicating liquors of any kind within the corporate limits of said town and to punish any person for violating said law or ordinances. Intoxicants.

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CHAPTER XIII. PROCESSES AND OTHER WRITS. SEC. 50. All processes, writs and subp[oelig]nas issued in behalf of said town shall be directed to the chief of police of said town, and signed in the same manner as executions. All sales under execution by the chief of police or marshal of said town, if of personal property, shall be advertised by posting the advertisements of such sales at three or more public places in said town for ten days before the sale, and if the sale is of real property, the chief of police or marshal shall advertise the same once a week for four weeks in the newspaper in which sheriff's advertising for the county is done, and shall sell such real estate in front of the court house door, within the legal hours of sheriff's sales, only on first Tuesdays. In case the property sold is personal property, the sale shall take place before the council chamber door, after advertisement as aforesaid, in the same manner as constable's sales is now governed by law. Writs, etc. CHAPTER XIV. BONDS AND OTHER INDEBTEDNESS. SEC. 51. The town council of said town 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 the 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 waterworks, system of lights, 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 herein stated. Municipal bonds

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CHAPTER XV. GENERAL POWERS OF TOWN COUNCIL. SEC. 52. In carrying into effect the powers conferred upon said town council by this Act or any future Act of the Legislature of this State, and for the preservation of peace and 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 and rules and regulations not contrary to the Constitution and laws of this State. General welfare. CHAPTER XVI. MUNICIPAL CONTRACTS. SEC. 53. All legal contracts heretofore entered into by the town of Sycamore, or the corporate authorities thereof, shall be good and valid for or against the town of Sycamore had this Act not been passed, and all rights and liabilities of the town of Sycamore shall accrue and survive to and against the town of Sycamore. All property and the right thereof, now held and owned by the town of Sycamore shall be and become the right of the town of Sycamore. Municipal contracts. 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 12, 1910.

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TENNILLE, CITY OF, TENNILLE SCHOOL DISTRICT INCORPORATED. No. 351. An Act to incorporate the Tennille School District, in the city of Tennille, county of Washington and State of Georgia; to define the boundaries of the same; to regulate the management of the school therein, to provide a revenue for the schools; to provide a board of education and to confer upon them certain powers; also to provide for the ratification or rejection of this Act by the qualified voters of the city of Tennille; to repeal the Act incorporating and establishing the Tennille School District, approved November 19, 1902, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage and ratification of this Act, the control and management of all the schools in the Tennille School District, incorporated under and by virtue of this Act, shall be vested in Iverson Lord, James D. Franklin, John C. Harman, Thomas N. Smith, Joseph R. Burdett, Joshua T. Walker and Charles E. Daniel and their successors in office, who are hereby constituted a body corporated under the name and style of board of education of Tennille, and by that name shall have and use a common seal, and shall have power to have, hold, receive, enjoy, possess and retain to themselves and their successors in office, for school purposes, by gift, endowment, purchase or other lawful means any estate or estates of real or personal property; and by said name be capable of suing and being sued, impleading and being impleaded, in any court of law or equity in this State, real and personal, whenever the

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school interests of said school district may, in their discretion be advanced thereby and use the funds arising therefrom for school purposes. Tennille, city of; Board of education. SEC. 2. Be it further enacted, That the corporate limits of said Tennille School District shall be the incorporate limits of the city of Tennille. Corporate limits. SEC. 3. Be it further enacted, That said board of education shall determine among themselves by lot or otherwise, the term of office of its members, the term of office of two of said members shall expire on the first Wednesday in June following the ratification of this Act, the term of office of two other of said members shall expire two years from that date, and the term of office of the remaining three members of said board shall expire four years from the aforesaid first Wednesday in June following the ratification of this Act, vacancies occuring as above provided for shall be filled by election by the qualified voters of the city of Tennille at the general election in said city for mayor and aldermen in said city of Tennille, and the term of office for members of the board of education so elected shall be for a term of six years. Vacancies to fill unexpired terms shall be by election by the board of education. Terms of members of board. SEC. 4. Be it further enacted; That the necessary funds for establishing, conducting, maintaining and supporting such schools shall be derived as follows: First, it shall be the duty of the said board of education at or before the time for the annual levy of the taxes in and for the city of Tennille for general purposes, to make known to the mayor and aldermen of the said city of Tennille, the amount of funds or the rate per centum on the total valuation of the taxable property in said city, necessary, in their discretion,

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for establishing, conducting, maintaining, building and equipping said schools; and it shall be the duty of said mayor and aldermen of the said city of Tennille, and they are hereby authorized, empowered and required to levy each year a special tax, sufficient to raise the amount recommended by said board of education not to exceed one per centum, on all property, both real and personal, subject to taxation in said city and collect the same as other taxes are levied and collected for general purposes in said city and when collected and as collected shall be passed and credited to the school account of said city and turned over to the treasurer of the board of education of Tennille. Second, the county school commissioner of Washington county is hereby authorized, required and directed to pay over to the treasurer of said board of education of Tennille such part of the State and county school fund as may be their just pro rata share thereof, the amount to be thus paid shall be paid at the same time and in the same manner that the teachers of the county of Washington are paid. School tax. SEC. 5. Be it further enacted, That the said board of education shall at its first meeting after the ratification of this Act, elect one of its own members to be president of said board, who shall serve for the term for which he was chosen, they shall also elect a secretary and treasurer for such term as may be fixed by the board, but no member other than the secretary and treasurer shall receive any compensation as such for their services, the secretary and treasurer shall be required to give bond for the faithful performance of his duties in such amount as may be determined by the board of education. President of board. Secretary and treasurer. SEC. 6. Be it further enacted, That said board of education shall have full and complete control of all the schools

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in said school district, may establish and maintain schools for white and colored pupils, but no white child shall be allowed to attend a colored school, nor shall any colored child be allowed to attend a white school, they may in their discretion discontinue any such school or schools, in their discretion may employ teachers, superintendents and other employees and fix their compensation, they are also authorized and empowered to discharge, suspend or remove any and all such employees whenever in their discretion they shall deem it to be to the best interest of the schools, to do so. They are also authorized and empowered to charge an entrance or matriculation fee and all children entitled to the benefit of the public school fund shall be admitted to said schools upon the payment of such fee as the board may see proper to impose, which fee shall not exceed the sum of five dollars ($5.00) per annum to pupils residing in said school district. The board of Education may in its discretion refuse to admit any child or children to said school, or may suspend or expel any pupil from the same at any time if in their judgment it would be detrimental to the moral or general welfare of the school or pupils thereof to allow them to enter or remain in school. Powers of board. SEC. 7. Be it further enacted, That said board of education shall have full power and authority to make by-laws for the government of their own body, rules and regulations for the government of the schools, they shall also have power to enforce the same. School regulations. SEC. 8. Be it further enacted, That any member of said board of education guilty of malfeasance or gross misconduct shall be removed from office by a majority vote of the board. Malfeasance.

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SEC. 9. Be it further enacted, That any citizen of said school district who is a property holder in said district, shall be eligible to membership on said board of education and a majority of the whole board shall constitute a quorum and decide all questions and elections. Qualifications of members of board. SEC. 10. Be it further enacted, That after the ratification of this Act, the board of education of Washington county shall not establish or maintain any other school or schools, grant any license to or contract with any other person or persons to teach school of any character within two (2) miles of the limits of Tennille school district, nor shall any of the school fund be paid to any school or teacher in said district other than herein provided for. Other schools. SEC. 11. Be it further enacted, That as soon as practical after the passage of this Act, the board of education herein named shall call an election by the qualified voters of the city of Tennille for the purpose of ratifying or rejecting this Act, said election to be held at the usual place of holding elections for mayor and aldermen in the city of Tennille and under the same rules and regulations: That the question submitted at said election shall be For Public Schools and Against Public Schools. The result of said election shall be certified by the managers thereof to the board of education of Tennille who shall declare the same. If a majority of the vote cast in said election shall be For Public School then this Act shall become of full force and effect and the Act, approved November 19, 1902, incorporating the Tennille School District shall be and is hereby repealed. Election for public schools.

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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 5, 1910. UNADILLA, TOWN OF, CHARTER AMENDED. No. 356. An Act to amend the charter of the town of Unadilla, Dooly county, Georgia, so as to authorize the corporate authorities of said town to grant to the Georgia Southern and Florida Railway Company, a strip out of Railroad avenue in said town nineteen feet in one dimension and seventy feet in the other, being in the shape of a rectangle, 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 corporate authorities of the town of Unadilla, Dooly county, Georgia, shall have power to grant and convey to the Georgia, Southern and Florida Railway Company the following described strip or parcel of land, the same being an encroachment in Railroad avenue in said town: A strip or parcel of land nineteen feet wide by seventy feet long in Railroad avenue, 227 feet south of Third street, lying along the east side of and adjacent to the right of way of the Georgia Southern and Florida Railway Company and more particularly described as follows: Beginning on the east right of way line of the Georgia

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Southern and Florida Railway Company, 227 feet south of the south line of Third street and running thence, first, south along the east right of way line of the said railway seventy feet to the north side of the water tank of the city of Unadilla; thence, second, east, at right angles to said right of way line, nineteen feet to the east side of the water tank of the city of Unadilla; thence, third, north, nineteen feet from and parallel with the said right of way line, seventy feet; thence, fourth, west, nineteen feet to the point of beginning, containing in all [UNK] of an acre. Unadilla, town of. Railroad avenue. SEC. 2. Be it further enacted, That whatever grant or conveyance of said property to said railway company may have heretofore been made, is hereby ratified and confirmed. 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 5, 1910. UNADILLA, TOWN OF, CHARTER AMENDED. No. 344. An Act to amend an Act incorporating the town of Unadilla, Georgia, approved December 24, 1890. 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 corporate limits of the city of Unadilla, be so changed and extended that the corporate limits

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of said city of Unadilla shall be within the following lines, to-wit: A square whose sides shall be two miles in length, two of which bounding lines shall run east and west, the other two bounding lines north and south, and the center of this shall be the corner stone on the right of way of the Georgia Southern and Florida Railway, near the former residence of J. E. Quattlebaum in the said city of Unadilla and which corner stone was the former center of the said city of Unadilla. Unadilla, town of. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, The laws and parts of laws in conflict with this Act be, and same are, hereby repealed. Approved August 3, 1910. UNION POINT, CITY OF, CHARTER AMENDED. No. 301. An Act to amend Act approved August 15th, 1904, An Act to incorporate the city of Union Point in the county of Greene; to provide for the election of a mayor and councilmen; to prescribe their duties, and to provide for all matters of municipal concern, and to establish therin public schools, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 3 of the Act, entitled An Act to incorporate the city of Union Point in the county of Greene; to provide for the election of a mayor and councilmen; to prescribe their duties; and to provide for all

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matters of municipal concerns and to establish public schools therin, and for other purposes; be amended by striking from the second line thereof the words in January and inserting in lieu the words in December, so that the first sentence of said Section shall read as follows: Be it further enacted by the authority aforesaid, That on the first Wednesday in December, 1906, and every two years thereafter, there shall be held in said city an election for a mayor and six aldermen of said city, who shall hold office for the term of two years and until their successors are elected and qualified. Union Point, city of. Election of mayor and aldermen. SEC. 2. Be it further enacted, That Section 6 of said Act be amended by striking therefrom the words on the Wednesday next after the election, and substituting the words on January first next after the time for the election, so that the second sentence of said Section shall read: The persons elected shall be notified of their election by the managers, and they shall on January first next after time for 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 spread on the minutes of the council, and which shall be as follows: Terms of office, beginning of. SEC. 3. Be it further enacted, That Section 7 of said Act be amended by adding after the words city marshal wherever they occur in the first sentence thereof, the words or marshals, so that said first sentence shall read: Be it further enacted, That the mayor and councilmen shall have the power, should they see fit to do so, to elect a mayor pro tem., a clerk of council, a city treasurer (such officers to be also members of council) and a city marshal or marshals, to hold their offices for the term of one year,

Page 1223

or until removed by the mayor and council, and to receive such compensation, if any, as may be fixed by the mayor and council; the duties of the city marshal or marshals shall be determined by ordinances. Officers. SEC. 4. Be it further enacted, That Section 4 of said Act be amended by striking from the first sentence thereof the words 2 o'clock and substituting the words 4 o'clock, so that said first sentence shall read: Be it further enacted by the authority aforesaid, That all elections for officers of said city shall be held at the Court Grounds, and the polls shall be opened at 9 o'clock in the forenoon, and close at 4 o'clock in the afternoon. Elections. SEC. 5. Be it further enacted, That Section 11 of said Act be amended by striking therefrom the words 30 days and inserting the words 90 days so that said Section shall read: Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to prescribe all ordinances and adequate penalties against the ordinances of said city and to punish all offenders by fines not exceeding one hundred dollars, or labor on the streets of public works of said city or confinement in the calaboose or guard house not to exceed 90 days; fines to be collected by execution issued by the clerk of the council against the estate of the offender. Penalties. 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 July 22, 1910.

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UVALDA, TOWN OF, INCORPORATED. No. 302. An Act to incorporate the town of Uvalda 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 of said town; to prescribe the compensation of said mayor and aldermen; 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 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 Uvalda in the county of Montgomery in said State be, and the same is, hereby incorporated, and that the corporate limits of said town of Uvalda shall extend three quarters of a mile in a northerly, easterly, southerly and westerly direction from the depot of the Georgia and Florida Railway at the station known as Uvalda on said railway in said county, so as to embrace a circle within a diameter of one and one-half miles 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 the town of Uvalda. Uvalda, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the government of said town shall be vested in a mayor and six aldermen, to be known as the mayor and

Page 1225

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 council. SEC. 3. Be it further enacted by the authority aforesaid, 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 Georgia and Florida Railway depot and at the post office in said town, by any ten citizens residing in said town at least twenty days before the holding of such election, and that thereafter on the first Thursday in January, 1911, and on the first Thursday in each succeeding January thereafter 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 aldermen of said town after giving twenty days' notice in writing by posting the same at two or more public places in said town of the time and place of holding such election. Election of mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That the term of office of said mayor and aldermen of said town shall be for one year, and any person shall be eligible to the office of mayor and aldermen of said town who has been a resident of said State twelve months, and of said town six months, next preceding his election, and who is qualified under the laws of the State of Georgia to vote for members of the General Assembly. Terms of office. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall provide for the registration of the voters of said town prior to each annual

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election or special election that may be held in said town, and all persons who have been residents of this 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 this State to vote for the 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 minute book or other 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 of the office to which he has been elected, after first taking and subscribing to an oath to faithfully perform and discharge all the duties of the office to which he has been elected. Registration of voters. SEC. 6. Be it further enacted by the authority aforesaid, That said town shall have and use a common seal, shall be capable of taking, purchasing, holding and selling real or personal property for municipal purposes, and by and in the name of The mayor and council of Uvalda 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 right to condemn private property for public purposes, all to be done under the general laws of this State, and the mayor and aldermen of said town is hereby authorized and empowered to condemn private property for public uses, and to compensate the owners thereof for the same. Corporate name and powers. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have

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all necessary power to pass ordinances not in conflict with the Constitution and laws of this 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. Police powers. SEC. 8. Be it further enacted by the authority aforesaid, That all the male citizens or residents of said town between the age of sixteen and fifty years residing within the corporate limits of said town shall be liable to pay an annual street tax, to be fixed by the mayor and aldermen of said town, and that the person or persons so taxed shall be given the privilege of working said tax 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 aldermen 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 street tax ordinance. Street tax. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and aldermen 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 same for public purposes and for the government of said town as in their discretion would be for the betterment of the town and citizens thereof; provided, that such ad valorem tax shall in no instance exceed five mills per annum. Taxation.

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SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the power to tax all shows of every kind or character, auctioneers, sleight of hand performers, gift enterprises and businesses and to levy such other privileges, occupation or business tax, as in their discretion may seem reasonable and just and proper for public uses and the support of the town government. Specific taxes. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the power to define a public nuisance, and to abate the same, and punish those maintaining the same. Nuisances. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and aldermen 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 by the authority aforesaid, That the sale of spirituous, malt or other intoxicating liquors or beverages shall never be licensed in said town, and the sale thereof is hereby forever prohibited. Intoxicants. SEC. 14. Be it further enacted by the authority aforesaid, 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 the power to prescribe that any violations against the ordinances of said town by any person shall be punished by a 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

Page 1229

exceeding thirty days, either or both, in the discretion of the mayor. The defendant shall have the right of appeal from any decision or judgment of the mayor to the board of aldermen. Mayor's court. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power and authority to establish a town prison or guard house for the confinement and detention of all offenders against the ordinances of said town, or such other person or persons as may be under arrest in said town, and shall have the power and authority to establish in said town a street gang or chain gang wherein all offenders against the ordinances of said town who shall be legally sentenced thereto shall be forced to work on the streets or other public works of said town; and the mayor and council of said town is hereby given the power and authority to elect a town marshal who shall be the superintendent of said street gang or chain gang, and who shall act as the whipping boss of said street gang or chain gang, for the enforcement of the rules and regulations thereof to be prescribed by the mayor and council of said town. Punitive powers. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and council shall have the authority to elect one of the six aldermen herein provided for as mayor pro tem., 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 who shall also be empowered with all authority and duties vested in said mayor by any ordinance of said town passed hereunder. Mayor pro tem.

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SEC. 17. Be it further enacted by the authority aforesaid, 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 this State, and to admit to bail or commit to the guard house for the violation of the ordinances of said town, and to punish for contempt of the mayor's court, by fine not exceeding twenty-five dollars or imprisonment in the prison or guard house of said town not exceeding thirty days. Mayor, powers of. SEC. 18. Be it further enacted by the authority aforesaid, 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 by the authority aforesaid, 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. Salaries. SEC. 20. Be it further enacted by the authority aforesaid, 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. The mayor's salary, if any be allowed, shall be fixed by the preceding mayor and council, and the salary

Page 1231

of such mayor shall not be increased or diminished during his term of office. Compensation of officers. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to enact any and all such other ordinances as is within their discretion for the good and public welfare of said town, and which are not inconsistent with the Constitution and laws of this State. General welfare. SEC. 22. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 22, 1910. WAYCROSS, CITY OF, CHARTER AMENDED. No. 342. An Act to amend an Act to provide and establish a new charter for the city of Waycross, Georgia, approved August 17, 1909, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 8 of the Act approved August 17, 1909, entitled, An Act to provide and establish a new charter for the city of Waycross, in the county of Ware, etc., be, and the same is, hereby amended by striking out the word twelve in the 13th line thereof and inserting in lieu thereof the word six. Waycross, city of. Charter amended.

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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 3, 1910. WAYNESBORO, CITY OF, CHARTER AMENDED. No. 509. An Act to so amend the charter of the city of Waynesboro as to divide said city into three wards, with two councilmen from each ward; provide for the election of such councilmen and prescribe their terms; to provide for the creation of a board of health for said city, prescribe its duties, powers, etc., provide for the selection of the members of said board, and for other purposes. 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 charter of the city of Waynesboro be, and the same is, hereby amended as follows, to-wit: Waynesboro, city of SECTION 1. Be it enacted, That the territory embraced within the corporate limits of the city of Waynesboro divided into three wards to be known respectively as the First, Second and Third Wards of the city of Waynesboro. The first ward shall embrace and be composed of all that territory lying within the corporate limits of said city south and east of Peace street; the second ward shall embrace and be composed of that part of the territory of said city lying north of Peace street and east of Liberty street, and

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the third ward shall embrace and be composed of all that part of the territory of said city lying north of Peace street and west of Liberty street. Corporate limits. SEC. 2. Be it further enacted, That while the mayor of said city may reside in and be elected while a resident of either of said wards yet each of said wards shall have equal representation upon the board of aldermen of said city. Each ward being entitled to two representatives upon said board, and at the ensuing municipal election to be held in January, 1911, and at each annual municipal election thereafter held, one of the three aldermen to be elected shall be a resident of said first ward one of the second ward and one of the third ward. Mayor and aldermen. SEC. 3. Be it further enacted, That at municipal elections for aldermen in said city each ballot shall designate, not only the name of the person voted for but also the ward for which said person is to sit as alderman, and the election managers in determining the result shall count only such votes for aldermen of any particular ward as shall be cast for a resident of said ward. No citizen being eligible for the office of alderman for any other ward than the one in which he shall reside. Aldermen, how elected. SECTION 4. The terms of office of said aldermen elected under the provisions of this Act shall be the same as is already provided in the charter of said city. SEC. 5. Be it further enacted, That said mayor and council of said city of Waynesboro now in office or any future mayor and council shall have the power at such regular meeting as they may determine to elect a board of health of said city. The members of said board of health to hold office for one year or until their successors are

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elected, and to be composed of three members, two being resident practicing physicians of said city and one an alderman. Said board may elect its own president, may arrange its own stated meetings and shall have authority to make all needful sanitary rules and regulations for the preservation of the health of said city and to prevent the spread of infectious and contagious disease and to make all necessary quarantine regulations; and to provide for compulsory vaccination when necessary; shall have the right at any time to inspect private lots and premises and shall report all nuisances affecting health to the mayor and council for abatement and shall at such time as the mayor and council require submit reports of their work and make such suggestions and recommendations as they may be to the benefit of the health of said city. Board of health, powers of SEC. 7. The mayor and council of the city of Waynesboro shall have the power and right by ordinance to fix the compensation of the members of said board of health. Compensation of board. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1910. WHITE PLAINS, TOWN OF, CHARTER AMENDED. No. 321. An Act to amend an Act entitled An Act to reincorporate the town of White Plains, Greene county. To reduce

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the corporate limits; to prohibit the sale of spirituous, or malt liquors within said limit, and for other purposes, approved November 25, 1890, to increase the corporate limits of the town of White Plains, 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, Section 1 of the Act entitled An Act to reincorporate the town of White Plains, Greene county; to reduce the corporate limits; to prohibit the sale of spirituous or malt liquors within the said limit, and for other purposes, approved November 25th, 1890, be, and the same is, hereby amended by striking from Section two of said Act the words shall extend five-eights of a mile in every direction from the center of South and Main streets in the fourth and fifth lines of said Section two, and inserting in lien thereof the words shall extend one mile from the northwest corner of the building now occupied by the bank of White Plains, so that said Section two of said Act when amended shall read as follows: White Plains, town of. SEC. 2. Be it further enacted by the authority aforesaid, That the said town of White Plains be, and it is hereby reincorporated under the same name; that the corporate limits shall extend one mile from the northwest corner of the building now occupied by the bank of White Plains; that the municipal government shall be invested in a common council consisting of a mayor and six councilmen, who may sue and be sued, contract and be contracted with, and exercise any and all other corporate powers necessary to the discharge of their duties, under the name and title of the mayor and council of the town of White Plains. Corporate limits and powers.

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SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 3, 1910. WILBURN, TOWN OF, INCORPORATED. No. 375. An Act to incorporate the town of Wilburn in the county of Franklin, State of Georgia; to define the corporate limits thereof; to provide a municipal government for said town; to confer certain powers and privileges on 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, the town of Wilburn, in the county of Franklin be, and the same is hereby incorpoarted as a town, under the name of the town of Wilburn. Wilburn, town of, incorporated. SEC. 2. Be it further enacted by authority aforesaid, That the corporate limits of said town shall be fixed as follows: Embracing all that territory lying between the corporate limits of the city of Lavonia on the south and the corporate limits of the town of Martin on the north, and extending one and one-quarter of a mile in each direction from the center of the track of the Southern Railway Company. Corporate limits.

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SEC. 3. Be it further enacted. That the municipal authorities of said town shall be a mayor and five councilmen who are hereby constituted a body corporate, by the name of the town of Wilburn, and by said name may sue and be sued, plead and be impleaded, purchase and hold real estate, or sell same; may purchase books, papers and documents necessary to enable them the better to discharge their duties and needful for the good order, government, and welfare of said town. and by said name shall have perpetual succession. Mayor and councilmen. SEC. 4. Be it further enacted, That the N. P. and J. P. of the district in which the town of Wilburn is situated, after the passage of this Act, is empowered, and it shall be his duty to hold an election on the first Saturday in September, 1910, for mayor and councilmen, and may have as clerks to assist in holding said election any two freeholders residing in said town and in case said N. P. and J. P. shall from any cause be unable to hold said election then the same may be held by any three freeholders of said town. At said election all qualified voters residing in the limits of said town shall be allowed to cast their vote. They shall keep two tally sheets, which shall show the name of all parties voting in said election, and when said election or polls are closed they shall count the ballots and shall declare the parties receiving the largest number of votes elected for the respective offices. They shall keep the ballots in a sealed package for a reasonable time to ascertain whether or not there will be a contest for any one of the offices, and after said reasonable time, shall destroy the ballots without breaking the seal of the package, and shall allow no one to inspect the ballots. Provided, That said officers so elected shall serve only until the officers chosen

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or elected at the general election, hereinafter referred to, shall have become qualified. Election of mayor and councilmen. SEC. 5. Be it further enacted, That on the first Saturday in December, 1910, and annually thereafter on the same Saturday and in the same month, an election shall be held in said town for mayor and councilmen thereof, said election to be held under such supervision, rules and regulations (not inconsistent with the laws regulating State and county elections), as the council may prescribe. Election of mayor and councilmen. SEC. 6. Be it further enacted, That all persons who have been bona fide residents of said town for six months next preceding an election held therein, and who are qualified to vote for members of the General Assembly, shall be allowed to vote at any election held in said town. Voters. SEC. 7. Be it further enacted, That the mayor and councilmen, and such other officers of said town as hereinafter provided for, shall, after election or appointment to office, and before he shall enter upon the duties thereof take and subscribe the following path (which may be administered by any officer authorized by the Code of Georgia to administer oaths): I do solemnly swear, or affirm, that I will faithfully discharge all duties incumbent upon me as mayor, or councilman or other officer of the town of Wilburn, according to the best of my ability, so help me God. Said oath with the certificate of the officer administering same shall be filed with the officer entrusted with the records of said town. Official oath SEC. 8. Be it further enacted, That the mayor and councilmen shall have power and authority to elect such marshals, clerks and subordinate officers as may be deemed

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necessary for carrying on the powers herein granted, and to prescribe the duties and compensation of such officers, and require of them such bonds as they may deem necessary, payable to such town in its corporate name. Officers. SEC. 9. Be it further enacted, That the council of said town shall have power therein to lay off, close, open and keep in good order and repair roads, streets and sidewalks for the use of the public or any citizens thereof; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; 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 a majority of the whole council, shall be a nuisance to protect the person and property of the citizens of said town, and to preserve the 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 provide for the annual assessment of taxable property therein, which, in no event, shall be greater than one-half of one per cent. of the value of the taxable property, to adopt rules for the regulation and government of its own body. The council shall have power to make and pass all needful orders, ordinances and by-laws not contrary to the Constitution and laws of Georgia, to carry into effect the foregoing enumerated powers and all others conferred upon said town, and to this end may prescribe, impose and enact reasonable fines, penalties and imprisonment in the town prison, if there be one for a term not exceeding thirty days. Corporate powers. SEC. 10. Be it further enacted, That the said town shall have the power and right to organize work gangs and to confine at labor therein for a term not exceeding thirty days

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persons convicted of violating the ordinances of said town; provided, that said penalty shall be inflicted only as an alternative for failure or refusal to pay fine imposed for such violations. Work gangs. SEC. 11. Be it further enacted, That the mayor of said town shall have authority to bind over, or commit to jail, offenders against any criminal law of Georgia, whenever in the course of investigation before him a proper case therefor shall be made out by evidence. Commitments. SEC. 12. Be it further enacted, That said mayor and councilmen shall have power to elect a mayor pro tem. who shall perform all the duties of the mayor when from any cause he can not be present to perform the duties of his office, also to fill any vacancy that may occur in the office of the mayor or councilmen or any subordinate officer of said town. Mayor pro tem. SEC. 13. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof; he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police when he may deem it necessary, 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 immediate payment he may imprison the offender as hereinbefore provided. Duties and powers of mayor. SEC. 14. Be it further enacted, That the mayor and councilmen shall have the exclusive right to prescribe how and in what manner that any building or structure which may be desired to be erected, and what the requisites shall

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be in order to erect any building or structure which might endanger said town by fire, or any part thereof. Regulations for buildings. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1910. WILLACOOCHEE, TOWN OF, CHARTER AMENDED. No. 514. An Act to amend an Act creating a new charter for the town of Willacoochee, in the county of Coffee, approved August 15, 1904, and the Acts amendatory thereof, by authorizing said town to increase its bonded indebtedness and to provide for the registration of voters in said town, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That the Act creating a new charter for the town of Willacoochee, in the county of Coffee, approved August 15, 1904, and the several Acts amendatory thereof be, and the same are hereby amended as follows: Willacoochee, town of. SECTION 1. That the mayor and aldermen of said town be, and they are, hereby authorized, in their discretion, to issue and sell ten thousand ($10,000.00) dollars (or such part thereof as to them may seem meet and proper; provided, the aggregate amount does not exceed the principle sum of ten thousand dollars) of bonds of said town in denominations

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of five hundred ($500.00) dollars each, running for thirty years from the date of their issue, and to bear interest at the rate of not exceeding five (5%) per centum per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness; the interest to be payable annually, and the principal to be paid at the maturity of said bonds; provided, that the qualified voters of said town of Willacoochee assent to the issue of said bonds at an election to be called by the mayor and aldermen of said town, the town having the right it is hereby declared and enacted to call said election. In the event said bonds are issued, the mayor and aldermen of said town of Willacoochee shall provide for the collection of an annual tax during the life of said bonds sufficient to raise funds to pay the interest on said bonds during said period, and, also to provide a special fund to pay off the principal of said bonds at their maturity; said bonds shall be denominated Electric Bonds and the proceeds of the sale of said bonds, if issued and sold, shall be used exclusively for the purpose of purchasing, building and improving a system of electric lights in and for said town of Willacoochee. Municipal bonds. SEC. 2. The bonds hereby authorized by this amendment shall be in addition to the bonds heretofore issued by said town of Willacoochee authorized by the provisions of Section 25 of said new charter of said town. Except as herein provided, the provisions of said Section 25 of the new charter of said town approved August 15, 1904, shall remain in force and effect. SEC. 3. That Section 4 of said new charter of 1904 of said town of Willacoochee be amended by adding at the end of said Section 4 the following: And the due and

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proper registration of said voters as provided by the charter of said town and the Acts amendatory thereof and the ordinance of said town subject however to the general registration laws of the State. Registration of voters. SEC. 4. That said new charter of 1904 of said town be further amended by adding a new Section thereto to be known as Section 46-A., said Section being as follows: Section 46-A. Be it further enacted, That the mayor and aldermen of said town shall have full power and authority to provide by ordinance for the registration of all voters prior to any election of municipal officers, bond election, special election of any kind or any other municipal election in said town; 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. Ordinances for registration, etc. SEC. 5. Be it further enacted, and it is hereby enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 15, 1910. WORTH, TOWN OF, NEW CHARTER. No. 480. An Act to create a new charter for the town of Worth in Turner county, and to incorporate said town and prescribe its limits; to provide for a mayor and councilmen, for said town and to prescribe their duties and

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powers; to vest in said new corporation in all property and other rights now vested in the present town of Worth; to supersede the present charter of same as granted by the Superior Court of Turner county; to authorize the establishing of a system of public schools for said town, and provide for building and equipping suitable public school building; to provide for a system of waterworks, to provide for all other matters of municipal cognizance, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the town of Worth located in the county of Turner and State of Georgia, and within the limits of said town as hereinafter stated be, and they are hereby incorporated under the name and style of town of Worth, and by that name shall be and are, invested with all the rights, powers and privileges incident to municipal corporations in this State, and all rights, powers and privileges, titles, property, easements and hereditaments now belonging, or in any wise appertaining to the said town of Worth as heretofore incorporated, shall be, and are, hereby vested in the town of Worth created by this Act. And the said town of Worth created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and councilmen, who shall compose the town council, such ordinances, rules, resolutions, and regulations for the transaction of its business and the welfare and proper government of said town as said town council may deem best, and which shall be consistent with the laws

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of the State of Georgia, and with the laws of the United States. And the said town of Worth shall be able by law to purchase, hold, rent, lease, receive, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any estate or estates real or personal, lands tenements, hereditaments of any kind or nature whatsoever, within or without the limits of said town, for corporate purposes. Said town of Worth, created by this Act, is hereby made responsible, as a body corporate, for all legal debts, liabilities and undertakings of said town of Worth as heretofore incorporated. Worth town of. New charter Corporate powers SEC. 2. Be it further enacted, That from and after the passage of this Act the incorporate limits of the town of Worth shall be as follows, to-wit: To embrace all that territory one mile square, one-half mile in each direction north, east, south and west from the store house of L. A. Jones, known as the store house of J. I. King, in the former charter, between the two railroads, to-wit: The Gulf Line Railroad, formerly the Hawkinsville and Florida Southern Railroad and the Georgia Southern and Florida Railway. This territory includes the present incorporate limits of the town of Worth as created under the Superior Court charter. Corporate limits. SEC. 3. Be it further enacted, That the government of said town shall be vested in the town council composed of a mayor and five councilmen. The present incumbents as mayor and councilmen shall continue in office as mayor and councilmen of the town of Worth under the provisions of this charter until the next general election fixed by the previous charter, that thereafter on the 2nd Saturday in December following, and on the second Saturday in December each year thereafter, an election shall be held for the

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election of a mayor and five councilmen whose term of office shall be one year; said election to be held at the council chamber in the town of Worth under the rules and regulations and specifications of the ordinances governing elections for same, adopted by the town of Worth through its mayor and council in regular session when from any cause a vacancy occurs in said town either for mayor or councilman the council shall elect until the next general election the successor of such resigned, deceased or removed member. If any member of the town council shall refuse to attend the regular meetings of the council for three consecutive meetings and by a majority vote of the council the seat of such member shall be declared by proclamation of the mayor vacant and a successor elected as above prescribed. Every special election for any purpose shall be advertised by posting the purpose of the election, time and place, at the post office, and council chamber at least thirty days before the election. The mayor and councilmen shall by appropriate ordinance, prescribe the qualifications for voters in any election effecting the officers of said town and in all cases where no provisions are made the general qualification prescribed by the laws of the State shall apply. Mayor and councilmen. SEC. 4. Be it further enacted, That all elections shall be held under this charter by a justice of the peace and two freeholders or three freeholders who shall be residents of said town of Worth. Election managers. Where from any cause any voter shall be challenged the managers of such elections shall administer the following oath: You do solemnly swear that you are a citizen of the United States, a citizen of the State of Georgia for twelve months preceding this election and the town of Worth sixty days, and that you are twenty-one years of

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age at the date of the election reside within the corporate limits of the town of Worth and have paid all taxes and other demands due said town of Worth, by you, and are otherwise qualified to vote in this election, so help you God. In the event of any contest of any election held in said town of Worth, the written notice being filed on the day of the election of intention of such contest, the clerk of council shall preserve all the ballots and tally sheets for a period of thirty days or until such time as such contest shall have been disposed of by law. Oath of voter. SEC. 5. Be it further enacted, That the superintendents or managers of all elections shall conform to the laws governing elections in this State where applicable and when no specific provisions are made in this charter. The elected officers shall within five days take the oath of office and enter upon the discharge of their duties where no contest is filed. Where a contest is filed, the same shall be heard and determined as are now prescribed by law in such cases made and provided. Every officer elected for the town of Worth, as well as those appointed by the mayor or otherwise connected with the town administration shall take and subscribe the following oath. I do solemnly swear that I will discharge the duties involving upon me to the best of my ability, bearing the responsibility of the position I am selected to fill for the town of Worth, so help me God. Each oath shall be recorded by the clerk of council on the minutes of the council at the first regular meeting after such oath is filed. Elections, how held. Official oath. SEC. 6. Be it further enacted, That the superintendents of all elections held under this charter shall certify the results to the mayor and town council who shall cause the same to be spread on the minutes of the town council. Certificates of elections.

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The superintendents of all elections held under the authority of this charter in certifying the result, shall issue to the successful parties a certificate of election if the said election was for the purpose of electing any official of said town, and with the same two lists of the voters and two lists of the tally sheet and the mayor and town council in that event, shall declare the parties legally elected and in the absence of a contest being filed after five days from declaring such result the successful candidates shall be sworn in and such oath spread on the minutes of said town, all ballots, tally sheets and list of voters after every election shall be deposited with the clerk of said town and kept by him until after the time expires for a contest or other proceedings to be filed against said election, which shall then be destroyed by the mayor and town council in regular or special session. Result of elections, how declared. SEC. 7. Be it further enacted, That at the first meeting of the council after election and being sworn in, they shall from their number select and elect a mayor pro tem., who in the absence of the mayor discharge all the duties of the office and have all the power of the office as conferred on the mayor. If from any cause the clerk of council is absent, the mayor can select any member of the council or some fit and proper person to act for the clerk at such meeting or session of council, no person shall be eligible to be mayor or councilman unless a qualified voter under this charter. Mayor pro tem. Clerk pro tem. SEC. 8. Be it further enacted, That at the first regular meeting of the town council they shall elect all the officers that is to serve said town for that ensuing year and shall prescribe their duties by appropriate ordinance and shall also provide for such recognizances as in their judgment

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shall be sufficient for the faithful discharge of the duties of the several officials so elected. All officers thus selected shall be subject to removal by the same authority that selected them, and five days' notice for preparation if demanded, by trial and conviction upon charges preferred or cause assigned. The mayor shall preside at all such removal trial, unless out of the State or resigned. Officers. SEC. 9. Be it further enacted, That the clerk of council shall be the custodian of the town records and books and he shall be elected at the first regular meeting of the council, at which time its town council shall by proper ordinance fix his compensation and assess his bond and prescribe his duties. The mayor and town council shall have the authority to combine the two offices of clerk and treasurer of the town of Worth if they deem advisable, and by proper ordinance so do. Clerk and treasurer. SEC. 10. Be it further enacted, That at the first regular meeting in February, the mayor and town council shall select two members from their body and one citizen and property owner from the town at large, who shall compose the board of tax assessors, who shall assess all the real and personal property within said town limits subject to taxation, whose assessment shall be turned into the clerk of said town, who shall act as receiver and any protest as to value so assessed shall be heard by council at the first regular meeting in April. The decision of the mayor and council shall be final. Nothing herein contained shall be construed to conflict with any State law. Tax assessors. SEC. 11. Be it further enacted, That all ordinances, by-laws, rules and regulations now in force in said town of Worth, not inconsistent with this Act are hereby declared

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valid and of force until amended or repealed by said mayor and councilmen of said town. Existing ordinances. SEC. 12. Be it further enacted, That the mayor, mayor pro tem., or any councilman in the absence of the mayor or mayor pro tem., may hold a police court in said town at any time for the trial and punishment of all violations of the ordinances of said town, by-laws, rules, regulations of said town. The punishment inflicted not to exceed a fine of fifty ($50.00) dollars, or in default of paying a fine, and costs, by labor on the streets or public works of said town, not exceeding sixty days. Police court. SEC. 13. Be it further enacted, That the mayor and all other officers of said town shall receive such compensation for their services as shall be fixed by council regularly in session on the first meeting each year. Compensation of officers. SEC. 14. Be it further enacted, That the mayor and town council shall have the right and power to license, regulate and control ten-pin alleys, billard and pool tables, or to prohibit the establishing of such tables; they shall have power to license livery and sale stables, buggies, hacks, wagons, carts and drays and other conveyance kept for hire in said town, and to fix such rules and regulations as they deem necessary to govern any person, firm or corporation engaged regularly in carrying passengers in and out of said town for pay; they shall have full power to establish, care for and regulate a cemetery for said town, to make deeds, regulate burial permits and to receive, or grant any person any vacant lot in said cemetery for the purpose of burial purposes. Licenses.

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SEC. 15. Be it further enacted, That said corporation shall have the power and authority to assess and levy and collect all taxes upon real and personal property within the corporate limits of said town as they may deem necessary for the purpose of supporting the government of said town, not inconsistent with the laws and Constitution of the State, and to collect such taxes on trades, business, occupations, theatrical exhibitions or other performances exercised, performed or exhibited within the limits of said town, as may deem proper; and fix and collect such taxes on circuses, menageries and all shows of domestic or wild animals, or other shows, as may be deemed proper by the mayor and town council of Worth; and to fix and collect such taxes on any person, or corporations dealing in confectionery, fruits, drinks, founts, hotels, running boarding houses, or engaging in any kind of business in the house, or on the sidewalks or streets of said town. The matter of issuing or revoking licenses to any one is entirely with the mayor and town council in their discretion. taxation. SEC. 16. Be it further enacted, That the mayor and council may establish a system of public schools within the corporate limits of said town, and for this purpose shall have power and authority to assess and collect additional tax of not more than one-half of one per centum on all the taxable property within said town for the purpose of support and maintenance of said schools; provided, that public schools shall not be established or maintained until the question shall have been submitted to a vote of said town and if a two-thirds vote favor public schools the same shall be declared carried. The issue to be submitted at a special election held for this purpose and on the ballots shall be written or printed, For Public Schools or Against Public Schools. All voters qualified to vote in any municipal

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election shall be eligible to vote in such special election. Public schools SEC. 17. Be it further enacted, That the mayor and councilmen of said town shall have full power and authority to remove or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances, in public streets, lanes, alleys, sidewalks or other public places of said town; to regulate all butcher pens, tan yards, steam boilers and steam engines, blacksmith shops, stoves and chimneys within said town, and to remove or cause to be removed the same or any of them in case they should become nuisances, and to fill up all pits, cellars, and excavations; and to remove or cause to be removed any obstruction in said town or cause the owner to do so, when the council shall deem it necessary to be done. Police powers. SEC. 18. Be it further enacted, That all male citizens over the age of sixteen and under the age of fifty years, who have resided in said town for ten days shall be subject to work on the streets and roads of said town for fifteen days in each year, or to be taxed therefor, as council may direct or determine, by a commutation tax not to exceed four dollars per annum, and the mayor and council shall have full power to call out each and every male person within the jurisdiction of said town subject to street duty, who shall be compelled to do road and street duty according to the laws of said town; and said mayor and councilmen shall have power to punish defaulters by fine of not more than two dollars for each days default and in default of the payment of said fine, to work upon the public works or streets of said town not less than ten days nor more than thirty days; or the mayor and council shall have the power to collect and levy a tax in lieu of such road and street duty

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from all persons subject thereto, and no person, who shall be indebted to said town in any tax, fine, fee or assessment shall be allowed to vote at any election held under this charter. The mayor and mayor pro tem. and either councilman while presiding over the police court of said town shall have the power and authority to punish for contempt not to exceed five dollars fine, and not to exceed forty-eight hours in the town jail, or both. Street tax. SEC. 19. Be it further enacted, That the mayor and councilmen of said town shall have power to curb, pave, drain and keep in good order and repair the roads, streets, sidewalks, alleys, cross-walks, drains and gutters in said town for the use of the public or any of the citizens thereof; to protect divine worship; to fix and establish fire limits and to pass such ordinances and to enforce the same as may be necessary to carry out the aforesaid powers. Street improvements and fire limits. SEC. 20. Be it further enacted, That all writs, processes, subp[oelig]nas, rule nisi for forfeiture of bonds, all executions issued in behalf of the town for the collection of taxes, fines, forfeitures, or for other purposes, shall be directed to the marshal of said town, and all and singular, the sheriffs and deputies of this State, signed by the clerk and bearing test in the name of the mayor of said town; and sheriffs and their deputies are empowered and required to see and execute all writs, processes and warrants and subp[oelig]nas, executions, etc. issued as aforesaid, when the property or parties to be proceeded against are without the corporate limits of the town of Worth; and the marshal, deputy marshal shall serve and execute all writs, processes, warrants, executions, subp[oelig]nas, etc., issued aforesaid, when the parties or property to be proceeded against are within the corporate limits of said town. Municipal writs, etc.

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SEC. 21. Be it further enacted, That the mayor, or mayor pro tem., and any three councilmen shall form a quorum for the transaction of business and the mayor, or mayor pro tem., shall have the casting vote, and the majority of vote may determine any and all questions or elections before the council. Quorum of council, etc. SEC. 22. Be it further enacted, That all ordinances, rules and regulations passed by the mayor and council shall before becoming operative, be entered on the minutes or ordinance book of the board of council, and be published at least one time in some newspaper published in said town, or be posted at two or more prominent places in the town. Record and publication of ordinances. SEC. 23. Be it further enacted, That the expenditures of the mayor and council and the compensation of the town officers shall be paid out of the town funds in the hands of the town treasurer who shall keep a book in which he shall make an entry on all sums of money paid out, and to whom and for what purpose; which book shall at all times be for open inspection of the mayor and town council; and likewise the treasurer shall keep a book and make an entry of all sums of money paid into the treasury and from what source received, and the date and the amount and from whom received. Disbursements, how made. SEC. 24. Be it further enacted, That the corporation of the town of Worth is hereby authorized to assess against telegraph, telephone, railroad companies and banks doing business in said town, and the property of each of the same in said town a special license or occupation tax extra of the general tax such as is now authorized to assess against property of individuals or corporations, and that the mayor and councilmen of said town are hereby authorized to collect

Page 1255

such license or occupation tax as it may assess as herein authorized in the mode and manner authorized or the collection by the corporation of said town of any other tax. Special taxes. SEC. 25. Be it further enacted, That the mayor and councilmen of said town shall have full power, whenever they may deem it necessary, to require railroads in said corporate limits to make crossings on their several roads where they cross the public streets or roads in said town for the convenience of the traveling public, and to remove any obstruction, which said roads have made or caused to be made on said crossings, and to pass ordinances needful for the carrying out of these provisions in this Section, and in case said railroads shall fail or refuse to make said crossing when notified to do so, the mayor and council shall have the power to put same across such railroads, at the expense of said railroads and may issue their executions and levy and collect the same as provided by law for executions of municipal taxes. The mayor and council shall have the right to pass regulations prohibiting the unreasonable blocking or closing of any street or road crossing in said town by trains or cars. Railroad crossings. SEC. 26. Be it further enacted, That said mayor and councilmen shall have the right to regulate the places of telegraph and telephone poles in said town, and to remove the same or compel telegraph and telephone companies to remove them, when they become dangerous to person or property, or are to become an impediment to the use of the streets or private or public property. Telegraph and telephone poles. SEC. 27. Be it further enacted, That any person who may engage in any business in said town without the payment

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of license when a license is required or specific taxes are assessed may he fined as for a violation of any ordinance. SEC. 28. Be it further enacted, That the mayor and councilmen shall have the power to pass all needful ordinances to prevent stock from running at large in said town, to provide for the impounding of the same, and sale thereof after due notice has been given by posting same for three days. Stock law. SEC. 29. Be it further enacted, That the mayor and councilmen shall have the power to regulate and prevent the use of firearms, fireworks, or other dangerous explosives or annoyances used in sport or otherwise in said town. Explosives. SEC. 30. Be it further enacted, That the marshal of said town shall have the authority to arrest without a warrant and bring before the mayor of said town for trial any violators of the ordinances thereof in his presence or when the offenders are likely to escape. Arrests. SEC. 31. Be it further enacted, That all previous charters and amendments thereto to said town of Worth be, and the same are, repealed by this Act, and all laws and parts of laws militating against this Act are hereby repealed. Repealing clause. Approved August 13, 1910.

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TITLE II. BANKING CORPORATIONS. ACT Citizens Bank of Valdosta, charter amended. CITIZENS BANK OF VALDOSTA, CHARTER AMENDED. No. 335. An Act to amend an Act entitled An Act to incorporate the Citizens Bank of Valdosta with power to do a banking business, act as agent, and for other purposes, with its principal office in the city of Valdosta, Lowndes county, Georgia, approved December 1, 1890, so as to increase the number of directors of said bank and to confer upon it power and authority to act in a fiduciary capacity by accepting and executing the offices and appointment of executor, administrator, trustee, agent, assignee, receiver and such like offices and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That Section 4, of the above recited Act incorporating the Citizens Bank of Valdosta, Georgia, be, and it is hereby amended by striking from the ninth line of said Section 4, the words more than seven nor less than five

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and inserting in lieu thereof the following words, to-wit: Less than five nor more than fifteen, so that said Section when amended shall read as follows: Section 4. Be it further enacted, That the president, vice-president and directors of said bank shall be elected by a majority in interest of the stockholders voting at the election held under the inspection of said commissioners at such time and place in Valdosta as they may designate and annually thereafter on the first Tuesday in January of each year at the company's banking house in Valdosta, at which time the annual meetings of the stockholders shall be held. There shall not be less than five nor more than fifteen members of the directory and the president and vice-president shall by virtue of their offices be members thereof. Citizens Bank of Valdosta. Election of officers. SEC. 2. Be it further enacted, That Section 8, of the above recited Act, be, and the same is hereby amended by adding to said Section 8, the following, to-wit: And the said corporation shall have power to accept and executer the office and appointment of executor of the last will and testament of any person, and of guardian, when appointed as such by will, and of administrator temporary or permanent of the estate of any deceased person, and of guardian for any minor, lunatic, or other person for whom guardians are or may be appointed under the laws of this State, and the Ordinaries of this State are authorized to grant to said corporation letters testamentary when duly appointed executor of any will, and to appoint said corporation as administrator or guardian as aforesaid, and to issue to it letters of administration and letters of guardian ship respectively in such cases. The said corporation shall have power to accept and execute the office of agent, assignes receiver or trustee of every kind whatsoever, whether such office or appointment shall be conferred by any person or

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persons or by any corporation or by any court either of the United States or of this State. Fiduciary powers. That all laws of force in this State and not contrary to the provisions of this Act concerning executors, administrators, guardians, receivers, trustees or assignees shall apply to this company when appointed to such office, so that said Section when amended shall read as follows: Secsion 8. Be it further enacted, That the said bank shall have the power to transact a general banking business, to receive deposits of money and to buy any discount notes, drafts, bills of exchange, checks, certificates and other evidence of debt, to purchase or sell and hypothecate stocks, promissory notes and any other thing of value, to borrow money and secure the payment of the same by deed or mortgage and any written evidence of debt, and by any other security, to invest these funds in real estate or such other property as the board of directors under its by-laws may determine to buy and sell domestic and foreign exchange, and to make collections, and to charge and receive pay for the same, and said corporation shall have power to accept and execute the office and appointment of executor of the last will and testament of any person, and of guardian, when appointed as such by will, and of administrator, temporary or permanent of the estate of any deceased person and of guardian for any minor, lunatic or other person for whom guardians are or may be appointed under the laws of this State, and the Ordinaries of this State are authorized to grant to said corporation letters testamentary, when duly appointed executor of any will, and to appoint said corporation as administrator or guardian as aforesaid, and to issue to it letters of administration and letters of guardianship respectively in such cases. And said corporation shall have power to accept and execute

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the office of agent, assignee, receiver or trustee of every kind whatsoever, whether such office or appointment shall be conferred by any person or persons, or by any corporation or by any court whether of the United States or of this State. That all laws of force in this State and not contrary to the provisions of this Act concerning executors, administrators, guardians, trustees, assignees, or receivers shall apply to this company when appointed to such office. Corporate powers. 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 3, 1910.

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PART IV.RESOLUTIONS.

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Appropriation for deficiency in printing fund. Appropriation to pay per diem of Hon. W. D. Murray, deceased. Appropriation to pay per diem and expenses of special committees. Appropriation to pay stenographer of special committee. Appropriation to pay auditor of books of keeper of public buildings, etc. Appropriation to refund money paid by W. C. Allen, as oil inspector. Appropriation for improvements of Confederate cemetery at Resaca. Appropriation for monument to General Joseph E. Johnston. Appropriation to pay assistants to State Librarian. Appropriation to pay per diem of Hon. M. E. Collum. Appropriation to refund money paid for charter, not granted. Appropriation to refund money paid on account of illegal sale of wild land. Appropriation to pay pension of Mrs. R. A. Lynn. To authorize Worth county to refund money paid by J. C. Rogers. National Appalachian Forest Reserve, recommended. World's Panama Exposition at New Orleans recommended. Income tax, amendment to Constitution United States ratified. Executive Mansion, commission to receive proposals to sell or exchange. Right of way of W. A. Railroad, viaduct over, authorized. Executive Mansion, strip from lot of, to widen Peachtree Street. North Georgia Agricultural College, plans for auditorium, etc. Georgia Reports, Vols. 35 to 65, purchase authorized. Georgia Reports, etc., for city courts. Claim of S. M. Douthit for overpayment of taxes, report required. Engines, Texas and General, preservation of. Unfinished business of Legislature, completion of. APPROPRIATION TO SUPPLY DEFICIENCY IN PRINTING FUND. No. 49. A RESOLUTION. To make appropriation to meet the deficiency in the printing fund of 1910, and to make the same immediately available.

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Be it resolved by the General Assembly of the State of Georgia, That the sum of ten thousand ($10,000) dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated out of any money in the treasury not otherwise appropriated, to pay for the Public Printing done and to be done during the balance of the present year; and the bills for the same may be paid whenever they are duly audited and approved by the Public Printing Commission, and by the Comptroller General. And the Governor is hereby authorized to draw his warrants upon the Treasury to pay the same, when so presented and approved. To supply deficiency in-Printing Fund Approved August 13, 1910. APPROPRIATION TO PAY PER DIEM OF HON. W. D. MURRAY, DECEASED. No. 54. A RESOLUTION. WHEREAS, Hon. W. D. Murray, late Senator from 13th District died on July 25, 1910, after the beginning of the present session of the General Assembly, but did not leave his home for the purpose of attending said session, and, Hon. W. D. Murray. WHEREAS, he is survived by his wife Mrs. Cathrine Murray, be it therefore Resolved by the Senate, the House concurring, That the Treasurer of the State is authorized to pay to Mrs. Cathrine

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Murray two hundred dollars ($200.00) the per diem due her according to law. Per diem Approved August 13, 1910. APPROPRIATION TO PAY PER DIEM AND EXPENSES OF SPECIAL COMMITTEES. No. 36. A RESOLUTION. Providing for the payment of the per diem and expenses of Standing and Special committees, authorized by the General Assembly at the session of 1909, to meet, act and perform duties after the adjournment of said session, and for other purposes. Per diem and expenses of Special Committees. WHEREAS, at the 1909, session of the General Assembly of the State of Georgia, the House and Senate committees on Penitentiary, Georgia School for the Deaf, the University of Georgia and its Branches, were authorized to make visits of inspection after the close of said session; and, WHEREAS, the sum of $5000.00 was appropriated to pay the expenses and per diem of all committees authorized to meet, act and perform duties after the close of said session; and, WHEREAS, the said sum of $5000.00 had been largely exhausted in defraying the expenses and paying the per diem of the members of other committees, before the Treasurer

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was called upon to make payment to the members of the above named committees; and, WHEREAS, the remainder of said sum was insufficient to pay the per diem and expenses of the members of said committees incurred while engaged in the work assigned by the General Assembly; and, WHEREAS, no provision has heretofore been made for payment of the per diem and expenses of the committee appointed by authority of the General Assembly at the session of 1909, to re-arrange the judicial circuits of the State and, WHEREAS, no provision has heretofore been made to pay the expenses and per diem of the members of the committee appointed by authority of the General Assembly 1909 to make certain investigations at, of and concerning the Georgia State Sanitarium; and, WHEREAS, no provision has heretofore been made to pay the expenses and per diem of the members of the committee appointed by authority of the members of the General Assembly of 1909 to consider and report to the General Assembly a measure or measures to secure a more full return and a fairer valuation of the property in the State subject to taxation. Therefore be it resolved by the House of Representatives the Senate concurring, That the sum of $7,500.00, or so much thereof as may be necessary, be, and the same is, hereby appropriated from any funds in the treasury not otherwise appropriated, to defray the expenses incurred by said committees and the per diem of the members of the

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same, as authorized at the 1909 session of the General Assembly of the State of Georgia. Approved July 6, 1910. APPROPRIATION TO PAY STENOGRAPHER OF SPECIAL COMMITTEE. No. 47. A RESOLUTION. WHEREAS, C. B. Weatherby was employed as stenographer for the joint committee of the House and Senate on the re-arrangement of the judicial circuit sitting in vacation and that his services as such stenographer were of the value of sixty dollars, and, Stenographer of Special Committee, payment to. WHEREAS, said sum, so due to said stenographer, was included in the appropriation heretofore passed by the House and Senate to pay the expenses of said committee, but cannot be paid by the State Treasurer for reason of the fact that he was not named in the resolution making said appropriation. Now, therefore, be it resolved by the House, the Senate concurring, That the Treasurer of this State is hereby authorized to pay said sum of sixty dollars to said C. B. Weatherby. Approved August 13, 1910.

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APPROPRIATION TO PAY AUDITOR OF BOOKS OF KEEPER OF PUBLIC BUILDINGS. No. 61. A RESOLUTION. Resolved by the House, the Senate concurring, That the sum of $60.00 be, and the same is, hereby appropriated to pay the American Audit Company for auditing the books of the Keeper of Public Buildings and Grounds. Auditor of books of Keeper of Public Buildings. Resolved, further, That the sum of $200.00 be, and the same is, hereby appropriated to pay A. E. Barnes, stenographer, employed by the Committee on Public Property, in the investigation of the Keeper of Public Property and Grounds. Payments Be it further resolved, That the Governor is hereby required to draw his warrants on the treasury of the State for the payment of the two above amounts. Approved August 15, 1910. APPROPRIATION TO REFUND MONEY PAID BY W. C. ALLEN, AS OIL INSPECTOR. No. 37. A RESOLUTION. A resolution to refund $10.80, received by the State of Georgia from W. C. Allen, oil inspector at Wrightsville, Ga., same being amounts paid the State by him as follows:

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For October, 1908, $5.40, and for December, 1908, $5.40, when nothing was due to the State on inspections of oil for those months. Oil Inspector, reimbursement of. WHEREAS, W. C. Allen, a citizen of Wrightsville, Johnson county, was in the year 1908, and is now, the duly appointed oil inspector for the State of Georgia at Wrightsville, that for the months of October, 1908, and December, 1908, the said W. C. Allen remitted for each month aforesaid the sum of $5.40, making a total of $10.80, and, WHEREAS, The said items were not due the State, and WHEREAS, The treasurer has no authority to repay said items to the said W. C. Allen, as aforesaid, without a resolution by the General Assembly of Georgia, authorizing the payment of the same, Therefore, be it resolved by the General Assembly of Georgia, That the Governor of said State be, and he is, hereby authorized to draw his warrant on the State Treasurer in favor of the said W. C. Allen for the sum of ten dollars and eighty cents, the same being the amount due by the State to W. C. Allen, oil inspector for the State at Wrightsville, for amounts paid to the State on October, 1908, report $5.40, and December, 1908, report $5.40, not owing by him, as aforesaid, and cause the same to be transmitted to the said W. C. Allen, at Wrightsville, Ga. Approved July 8, 1910.

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APPROPRIATION FOR IMPROVEMENTS OF CEMETERY AT RESACA. No. 43. A RESOLUTION. WHEREAS, By resolution of the General Assembly of the State of Georgia, approved December 12th, 1866, the sum of four thousand dollars was appropriated to be expended for the completion of the cemetery at Resaca, and the removal and interment of the Confederate dead of Chickamauga, Missionary Ridge and adjacent battlefields, and Confederate cemetery at Resaca, improvement [Illegible Text] WHEREAS, The sum of five hundred dollars of this amount was expended in the completion of the Resaca Cemetery, and the remainder of said appropriation toward the removal of the 1,150 bodies from said battlefields to the Confederate Cemetery at Marietta, and WHEREAS, By resolution approved August 17, 1908, the State accepted the beautiful site of four acres, known as said Resaca Cemetery, which site had been donated for the purpose by Major Green, a Confederate patriot, and carefully kept by the daughters of this munificent donor, and Mrs. E. J. Simmons, whose body is buried among the graves she so tenderly watched, and other noble women, and WHEREAS, The grounds which have been enclosed by private donations, and provided with head boards for the 375 graves, are now in need of a new enclosure, a speaker's stand, a new wall and new cover for the spring, and

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other improvements, such as pruning the shrubs and trees and cleaning the grounds, Be it resolved, By the House of Representatives of Georgia, the Senate concurring, that the sum of $1,500.00 be, and the same is, hereby appropriated for the following purposes: The erection of a wall around said cemetery, repairing walks and driveways, building a speakers' stand, and doing all other work necessary for the purpose of keeping said cemetery in condition, and for paying the expenses incurred in doing all other work appertaining thereto, and required in caring for, and keeping same, and for the purpose of inscribing the names of the known dead upon the head stones thereof in said cemetery. Resolved, further, That the Governor be, and he is, hereby authorized to draw his warrant on the treasury for said sum or so much thereof as may be required from time to time in favor of such person as may be designated by him to do the work for which this appropriation is made. Approved August 10, 1910. APPROPRIATION FOR MONUMENT TO GENERAL JOSEPH E. JOHNSTON. No. 44. A RESOLUTION. WHEREAS, The Daughters of the Confederacy have begun a movement to raise a fund by public subscription for the purpose of erecting a monument to General Joseph E.

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Johnston at Dalton in the county of Whitfield, in the center of a region in which is located some of the most famous battlefields of the Civil War, upon which that brave and daring Confederate leader distinguished himself in defense of this State, and General Joseph E. Johnston, monument to. WHEREAS, The State of Georgia owes to no Confederate General of the Civil War greater honor, respect and gratitude than is due from her to General Joseph E. Johnston, but to the memory of none has less substantial respect been paid, and WHEREAS, It is proposed that said monument shall be a tribute from the State of Georgia and erected upon the property of the State. SECTION 1. Be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, That the sum of two thousand five hundred dollars be, and the same is, hereby appropriated from any fund not otherwise appropriated for the purpose of erecting a monument to the memory of General Joseph E. Johnston at Dalton, in the county of Whitfield, said appropriation to become available in the year 1911. SEC. 2. Be it further resolved by the authority aforesaid, That the State of Georgia accepts the title to said monument and the land upon which it is to be located, to be completely transferred to the State by the present owners prior to the drawing of the Governor's warrant for this appropriation. This appropriation shall be expended by, and under the direction of the Governor of the State and upon warrants drawn by him upon the treasury accordingly. The Governor of the State is hereby authorized

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to appoint a Commsision composed of six persons, three of whom shall be recommended to him by the present custodians of the public contributions, to be known as the Johnston Monument Association, to be associated in the work herein provided for, and to augment this appropriation by such additional amount as said public contribution may amount to; not to be less than the sum of twenty-five hundred dollars. Provided, further, That said Commission, with the advice and consent of the Governor of this State may provide for the inscription on said monument. SEC. 3. Resolved, further, by the authority aforesaid, That all laws and parts of laws in conflict with this resolution be, and the same are, hereby repealed. Approved August 10, 1910. APPROPRIATION TO PAY ASSISTANTS OF STATE LIBRARIANS. No. 52. A RESOLUTION. WHEREAS, There is due by the State to the assistant State Librarian for balance of past due salary for the year 1909 the sum of $202.50 for which heretofore no appropriation has been made, and Compensation of assistants of State Librarian. WHEREAS, There is due by the State to the Second Assistant State Librarian for balance of past due salary for

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the year 1909 the sum of $78.75 for which heretofore no appropriation has been made, and WHEREAS, Said sums are past due and unpaid, be it therefore resolved by the General Assembly of Georgia that the sum of $281.25 be, and the same is, hereby appropriated for the purpose of paying the amounts so due as above stated. Approved August 13, 1910. APPROPRIATION TO PAY PER DIEM OF HON. M. E. COLLUM. No. 56. A RESOLUTION. Resolved by the Senate, the House concurring, That the regular per diem for the session of 1910 be paid to Hon. M. E. Collum, senator from the 13th district, who was elected as such Senator during said session, and who qualified and served during the latter part of the session. Per diem of Hon. M. E. Collum. Approved August 13, 1910.

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APPROPRIATION TO REFUND MONEY PAID FOR CHARTER, NOT GRANTED. No. 42. A RESOLUTION. WHEREAS, On the 16th day of June, 1909, application was made to the Honorable Secretary of State by J. R. Hubbard, et al., for the incorporation of the Dawson County Bank of Dawsonville, Ga., and fifty dollars was deposited with the Honorable Secretary of State for the payment of charter as prescribed by law, and Fee for charter, not granted, refunded. WHEREAS, Said bank did not materialize and no charter ever granted to said bank, and the sum of fifty dollars was a total loss to the said J. R. Hubbard, et al., Therefore, be it resolved, That the House of Representatives, the Senate concurring, that the Governor be, and he is, hereby authorized to draw his warrant on the Treasurer of the State of Georgia for the said sum of $50.00, in favor of the said J. R. Hubbard, et al. Approved August 10, 1910. APPROPRIATION TO REFUND MONEY PAID ACCOUNT ILLEGAL SALE OF WILD LAND. No. 41. A RESOLUTION. To refund to H. Yarbrough, of Gordon county, money received by the State from the illegal sale of wild land lot

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No. 260, in the Sixth District and Third Section of Gordon county, Georgia. Purchase money, at illegal sale of wild land, refunded. WHEREAS, Land Lot No. 260, in the 6th District and 3rd Section of Gordon county was sold as unreturned wild land for taxes for the years 1893 to 1901, both inclusive, under tax fi fas. issued by S. E. Swanson, Tax Collector of Gordon county, on the first Tuesday in April, 1902, by the Sheriff of Gordon county, and purchased by H. Yarbrough for $90.06, and deed to said property made on the 29th day of April, 1902, by the sheriff of said county, and WHEREAS, Said deed made by the sheriff of Gordon county to H. Yarbrough was set aside by a decree of the court, and Yarbrough's title declared void, and WHEREAS, There is now in the State Treasury $42.79, the surplus arising from the sale of this land, belonging to said Yarbrough, paid into the State Treasury by the sheriff of Gordon county, Be it resolved, By the House of Representatives, the Senate concurring therein, That the sum of forty-two dollars and seventy-nine cents be, and it is, hereby appropriated to repay the said sum of money and the Governor is hereby authorized to draw his warrant for the same. Approved August 10, 1910.

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APPROPRIATION TO PAY PENSION OF MRS. R. A. LYNN. No. 39. A RESOLUTION. WHEREAS, Mrs. R. A. Lynn, of Taliaferro county, was placed on the Widow's Pension Roll as the widow of J. S. Lynn, a Confederate soldier in 1889, and was paid her pension of sixty dollars annually up to and including the year 1902, then she lost her mind and drifted out of Taliaferro county and her whereabouts were unknown, and she was dropped from the Pension Roll and was not paid her pension for 1903-4-5-6 and 7, five years. In 1908 she regained her mind and was located in Columbia county and was restored to the Pension Rolls and paid her pension 1908, 1909, 1910. Pension of Mrs. R. A. Lynn. WHEREAS, There is now due to the said Mrs. R. A. Lynn her pension for five years, 1903, 1904, 1905, 1906 and 1907. Be it therefore resolved, That the sum of three hundred dollars is hereby appropriated to pay the pension of Mrs. R. A. Lynn due to her and unpaid for the five years of 1903, 1904, 1905, 1906 and 1907, and that the Governor be, and is, hereby authorized to draw his warrant for said sum in favor of Mrs. R. A. Lynn to be paid out of any money in the Treasury. Approved August 8, 1910.

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TO AUTHORIZE WORTH COUNTY TO REFUND MONEY PAID BY J. C. ROGERS. No. 50. A RESOLUTION. WHEREAS, Eddie Harris was set at liberty upon bond in various cases, said bond signed by J. C. Rogers, and Bondsman [Illegible Text] after [Illegible Text] of principal. WHEREAS, Eddie Harris escaped from the county of Worth in which said cases were pending, and WHEREAS, His bond upon which J. C. Rogers was security was forfeited, and WHEREAS, The said J. C. Rogers paid upon said bond the sum of two hundred and ten dollars ($210.00) to the sheriff of Worth county, and WHEREAS, The said J. C. Rogers after having so paid said money captured said Eddie Harris and surrendered him to the officers of the court and he now is in jail to abide by the judgments of the court, Therefore, be it resolved, by the House of Representatives of the State of Georgia, the Senate concurring, That the county authorities of Worth county be, and they are, hereby authorized to pay the said J. C. Rogers the sum of two hundred and ten ($210.00) dollars out of the fund arising from the fines and forfeitures in the City Court of Sylvester, to reimburse him for the sum so paid by him on account of said bond. Approved August 13, 1910.

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NATIONAL APPALACHIAN FOREST RESERVE RECOMMENDED. No. 60. A RESOLUTION. WHEREAS, A portion of Georgia's territory, including Tallulah Falls, lies within the proposed National Appalachian Forest Reserve, and Appaiachian Forest. WHEREAS, The establishment of such a reserve means much for the conservation of Georgia's waterpower, forests, and agricultural resources, as well as the wonderful scenic beauty of her mountain region, Be it resolved, by the House of Representatives of Georgia, the Senate concurring, That we urge the passage of the measure now pending before Congress for the establishment of a National Appalachian Forest Reserve. Resolved, further, That a copy of this resolution be placed in the hands of the author of the bill which proposes to establish a National Appalachian Forest Reserve, and that a copy also be placed in the hands of Georgia's Representatives in Congress. Approved August 16, 1910.

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WORLD'S PANAMA EXPOSITION AT NEW ORLEANS RECOMMENDED. No. 55. A RESOLUTION. WHEREAS, The official and engineers in charge of the construction of the Panama Canal have announced that it will be completed and open for commerce in 1915, and Panama Exposition at New Orleans WHEREAS, Practically the unanimous sentiment of the President of the United States and other officials, the members of Congress and the American people generally, is that no celebration of the completion of the canal can produce such immediate and beneficial results as the holding of an exposition, where the people of the world will be brought closer together through this union of the Atlantic and Pacific, the East and West, and will meet and confer with each other and exhibit the resources and products of their several countries, Be it resolved, That we cordially approve the idea of a World's Panama Exposition and pledge it our moral support and assistance. Be it further resolved, by the Senate, the House of Representatives concurring, That we see in New Orleans the logical point for such exposition, by reason of its proximity to the canal and because it is the gateway for a large part of the import and export commerce of these United States with the countries south of us and with the world, easily reached from all points in this continent, North. Central and South America, and in all respects

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suited to hold a great World's Exposition, and we therefore endorse New Orleans as the best point at which to hold the World's Panama Exposition, in honor of the completion of the canal. Approved August 13, 1910. INCOME TAX, AMENDMENT TO CONSTITUTION UNITED STATES AUTHORIZING, RATIFIED. No. 38. A RESOLUTION. WHEREAS, The Congress of the United States, has under the fifth Article of the Constitution of the United States proposed an amendment to said Constitution, as Article 16, in the words following, to-wit: Income tax ratified. The Congress shall have power to levy and collect taxes on income from whatever sources derived without apportionment among the several States, and without regard to any census or enumeration, which amendment was approved on the _____ day of July, 1909. Therefore, be it resolved by the Senate, and the House of Representatives of the State of Georgia, in General Assembly met, That the said amendment of the Constitution of the United States be, and the same is, hereby ratified and adopted. Be it further resolved, That a certified copy of the foregoing preamble and resolution be forwarded by His

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Excellency, the Governor, to the President of the United States, and also to the Secretary of State of the United States. Approved August 3, 1910. EXECUTIVE MANSION, COMMISSION TO RECEIVE PROPOSALS TO SELL OR EXCHANGE. A RESOLUTION. Be it resolved by the House of Representatives, the Senate concurring, That a commission of eight members of the present General Assembly is hereby created for the purpose of receiving offers or proposals of any kinds for the purchase from the State of the present executive mansion, and all the grounds attached thereto in the city of Atlanta and to consider and report thereon to the next General Assembly, and for other purposes. Executive mansion. Second. Be it further resolved, That the said commission shall be composed of members of the present General Assembly, five of whom shall be appointed by the Speaker of the House and three by the President of the Senate. Third. Be it further resolved, That it shall be the duty of said commission to receive and consider offers or proposals of any kind for the purchase from the State of said property or in connection therewith, to examine any property that may be offered in exchange therefor or any other property probably available, to hear argument and suggestions from any and all persons, and to digest and report

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all facts pertinent to be considered in the premises and to report to the next General Assembly and make such recommendations as they deem wise. Be it further resolved, That it shall be the duty of such commission to select suitable grounds in the city of Atlanta and secure options on different pieces of real estate so selected by them, which shall be suitable for the Governor's home and also for the erection of an additional public building if the General Assembly should determine to erect an additional building for the purpose specified in this resolution. Be it further resolved, That the commission hereby created shall not receive any compensation, directly or indirectly from the State, for any services rendered by them, under this resolution, but that they shall be reimbursed for the actual expenses incurred by them while engaged in the discharge of the duties hereby imposed. RIGHT OF WAY OF W. A. RAILROAD, VIADUCT OVER AUTHORIZED. No. 59. A RESOLUTION. WHEREAS, The city of Atlanta has under contemplation the building of a viaduct beginning at Forsyth street bridge and extending in a westerly direction over the tracks of the Western and Atlantic Railroad and finally terminating at or near Rhodes street. W. A. Railroad, viaduct over authorized.

Page 1284

Therefore, be it resolved, by the House of Representatives, the Senate concurring, That the city of Atlanta is hereby authorized to construct a viaduct beginning at Forsyth street bridge and extending in a westerly direction and a viaduct connecting therewith extending from southern terminus of Spring street over the property known as the Western and Atlantic Railroad, in accordance with plans and profiles prepared therefor by R. M. Clayton, City Engineer of the city of Atlanta, provided that this consent and permission shall not interfere with the lease now on said railroad nor in any way violate its terms. Provided that the consent in writing of the lessee shall be first obtained, and that said viaduct shall be so constructed as not to interfere with the use of said right of way. Provided, however, that the plans and specifications be first submitted to the Governor and approved by him, and provided, further, that this permission be void unless the power is exercised by commencing the work within five years from the approval of this resolution. Approved August 15, 1910. EXECUTIVE MANSION, LOT OF, STRIP FROM, TO WIDEN PEACHTREE ST., AUTHORIZED. No. 58. A RESOLUTION. WHEREAS, A movement is on foot to widen Peachtree St. in the city of Atlanta, and

Page 1285

WHEREAS, The same would increase the value of property fronting thereon, Strip from lot of Executive mansion to widen Peachtree street. Be it resolved, by the General Assembly of Georgia, That the governor is hereby authorized in his discretion to give off a strip not exceeding 20 feet on the Peachtree front of the lot on which the governor's mansion is located, so as to co-operate with said plan of widening Peachtree St. on such terms and conditions as he may approve. Approved August 15, 1910. NORTH GEORGIA AGRICULTURAL COLLEGE, PLANS FOR AUDITORIUM, ETC. No. 48. A RESOLUTION. Be it resolved, by the House of Representatives the Senate concurring, That the Trustees of the North Georgia Agricultural College are hereby authorized and directed to have plans and specifications prepared for the erection of a building to be located on the campus of the North Georgia Agricultural College at Dahlonega, Georgia. Said building to be used for an auditorium and to contain class rooms for instruction in agricultural and scientific branches and mining and electrical engineering, and after having said plans and specifications so made, that they are hereby authorized to advertise in three or more newspapers in this State, once a week for four weeks, for bids for the erection of said building. North Georgia Agricultural College, plans for auditorium.

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Be it further resolved, That copies of the plans and specifications adopted by said trustees for the North Georgia Agricultural College shall be filed with the Governor of this State and all of the bids when so received shall without being opened, be also filed with the Governor and it shall be the duty of the Governor to examine or cause to be examined by some competent person said plans and specifications, and the bids so submitted for the construction of said building according to said plans and specifications and it shall be the duty of the Governor to submit to the next General Assembly said plans and specifications, so adopted by said Board of Trustees of the North Georgia Agricultural College, and the bids for the construction of said building as herein provided for. Approved August 13, 1910. GEORGIA REPORTS, VOLS. 35 to 65, PURCHASE OF AUTHORIZED. No. 51. A RESOLUTION. WHEREAS, The Michie Company, Charlottesville, Virginia, has annotated and published Georgia Reports Volumes 35 to 65, inclusive, and offers to sell said volumes to the State of Georgia at the rate of one dollar and eightyfive cents ($1.85) per volume, and Georgia Reports. Vols. 35 to 65. WHEREAS, The copyrights on the last of these volumes will not expire until the year 1924 and until the expiration

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of the copyrights would have no authority to reprint the volumes, and WHEREAS, In view of this it would be to the best interests of the State to purchase these volumes from the Michie Company, therefore Be it resolved, by the General Assembly, That the State Librarian be hereby authorized to contract with the Michie Company for the purchase of as many volumes of the Georgia Reports as are now protected by copyright not owned by the State, and also volume 35, not to exceed two hundred and fifty (250) sets of each volume at a price not to exceed one dollar and eighty-five cents ($1.85) per volume, to be paid from the sale of the Reports of the Supreme Court and the Court of Appeals and other State publications. Approved August 13, 1910. GEORGIA REPORTS, ETC., FOR CITY COURTS. No. 45. A RESOLUTION. Resolved, by the House of Representatives and the Senate concurring, That the State Librarian be, and he is, hereby authorized to deliver upon request of the clerk of any of the City Courts of this State which sit in a court room other than the room occupied by a Superior Court, a copy of all Georgia Reports, Georgia Appeals, Codes and Acts of the General Assembly hereafter published by this

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State, the same to be held by the clerks of said courts for the use of said courts aforesaid. Georgia Reports for City Courts Approved August 13, 1910. CLAIM OF S. M. DOUTHIT FOR OVER-PAYMENT OF TAXES, REPORT REQUIRED. No. 53. A RESOLUTION. WHEREAS, S. M. Douthit was tax collector of Fannin county in the years 1879 and 1880, and Report on claim for over payment of taxes. WHEREAS, His heirs at law claim that he was through error forced to over pay and did over pay the State on the digests for said years in the sum of fifteen hundred dollars or more, Resolved, by the Senate, the House concurring, That the Comptroller-General be, and he is, hereby requested to make a report to the next General Assembly laying before that body all the facts in the case as they appear from records in his office. Approved August 13, 1910.

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ENGINE TEXAS, PRESERVATION OF. No. 40. A RESOLUTION. In relation to the preservation of the State's engine Texas, WHEREAS, The historic engine Texas that pursued and captured from the raider Andrews and party, the engine General during the war between the States, now stands alone in the yards of the Western and Atlantic railroad soon to become a wreck by exposure to the winds and rains, while the General is on exhibition in the depot, at Chattanooga well preserved, with all its brass finishings highly polished and apparently as new as when captured. The captured General is in a fine state of preservation, while its captor is a neglected castaway. The capture of the General by the Texas under the gallant Fuller constitutes one of the most thrilling episodes of the stormy sixties, and Engines Texas and General, preservation of. WHEREAS, Both of these engines should be preserved and kept on exhibition as memorials of the times, Resolved, by the Senate, and House of Representatives, That the Governor of this State take such steps as may be necessary to preserve the Texas, and have such repairs made as will prevent its decay. Resolved, That a committee of two from the Senate and three from the House of Representatives be appointed to report to the next General Assembly a proper place for

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the keeping on exhibition of both the Texas and General and for the preservation of the same. Approved August 9, 1910. UNFINISHED BUSINESS OF LEGISLATURE, FOR COMPLETION OF. No. 46. A RESOLUTION. Resolved, by the House of Representatives, the Senate concurring, That the Speaker of the House of Representatives and the President of the Senate, the Clerk of the House of Representatives and the Secretary of the Senate be, and they are hereby authorized to remain at the capitol five days after the adjournment of the General Assembly for the purpose of affixing official signatures to all bills and resolutions passed previous to said adjournment, and they may be allowed their per diem for said time. Unfinished business of Legislature. Resolved, That the chairmen, respectively, of the Enrollment and Auditing Committees of the House and Senate, together with the members of the House and Senate Enrollment Committees, and two members of the House Auditing Committee, and two members of the Senate Auditing Committee to be designated by the 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

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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 13, 1910.

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INDEX. A. AGRICULTURAL MECHANICAL SCHOOL, 4th Dist Annual fairs __________ 250 ALBANY, CITY OF New charter __________ 316 ALSTON, TOWN OF Incorporated __________ 359 AMENDMENTS TO THE CONSTITUTION Pensions for Confederate soldiers and widows of_ 37 Salaries of judges of Superior Courts__________ 42 County taxation for education__________ 45 AMERICUS, CITY OF Charter amended __________ 366 APPALACHIAN FOREST Reservation of __________ 1279 APPROPRIATIONS For Georgia State Sanitarium__________ 8 For Georgia State Sanitarium__________ 9 For Georgia State Sanitarium__________ 11 For State Board of Entomology__________ 10 For State School of Technology__________ 12 For Normal and Industrial School__________ 14 For stenographer of State Bank Examiner__________ 17 For Confederate Cemetery at Marietta__________ 18 For improvements at Indian Springs__________ 19 For expenses of General Assembly__________ 15 For inspection of fertilizers and feed stuffs__________ 85

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For deficiency in printing fund__________ 1263 For per diem of Hon. W. D. Murry, deceased_____ 1264 For per diem and expenses of Special Committees 1265 For stenographer of Special Committee__________ 1267 For Auditor of book of keeper of public bldgs._____ 1268 To reimburse W. C. Allen, oil inspector__________ 1268 For cemetery at Resaca__________ 1270 For monument to Genl. Joseph E. Johnston__________ 1271 For assistants to State Librarian__________ 1273 For per diem of Hon. M. E. Collum__________ 1274 To refund money paid for charter not granted_____ 1275 To refund money paid at illegal sale of wild land_____ 1275 To pay pension of Mrs. R. A. Lynn__________ 1277 ARLINGTON, TOWN OF Charter amended __________ 368 ASHBURN, CITY COURT OF Act creating amended__________ 143 ASSESSMENT INSURANCE COS., FIRE STORM Fees of __________ 55 ATLANTA, CITY OF Charter amended __________ 369 Charter amended __________ 391 ATWATER, TOWN OF Charter repealed __________ 377 AUSTELL, TOWN OF Charter amended __________ 377 AUTOMOBILES, ETC. Use of regulated __________ 90 AVALON, TOWN OF Charter amended __________ 380

Page 1295

B. BACONTON, TOWN OF New charter __________ 381 BARNESVILLE, CITY COURT OF Established __________ 145 BARWICK, TOWN OF Charter amended __________ 397 BAXLEY, CITY COURT OF Act creating amended __________ 160 BEN HILL COUNTY Slaughter of cattle, etc, in__________ 236 Election of Commissioners __________ 237 BERLIN, TOWN OF Incorporated __________ 397 BETTING ON ELECTIONS Prohibited __________ 133 BIBB COUNTY Bonds of, how issued__________ 239 BIGAMY Punishment for __________ 61 BOARDING HOUSES, ETC. Protection of __________ 137 BOARDS OF EDUCATION, COUNTY Payment of teachers by__________ 76 BOOKS OF ACCOUNT Of farmers and others__________ 57 BOWDEN, TOWN OF New charter __________ 408

Page 1296

BOYNTON, TOWN OF Charter repealed __________ 425 BROOKS, TOWN OF Incorporated __________ 426 BUFORD, CITY OF Charter amended __________ 428 BUILDING LOAN ASSOCIATIONS Location of __________ 55 BUTTS COUNTY Board of Commissioners abolished__________ 243 Commissioner, office of, created__________ 243 C. CAIRO, CITY OF Charter amended __________ 430 CALHOUN COUNTY City Court of, Act creating amended__________ 161 City Court of abolished__________ 165 CAMAK, TOWN OF New charter __________ 433 CAMDEN COUNTY License for church festivals__________ 248 CAMPBELL COUNTY Court costs in misdemeanor cases__________ 249 CANDLER, TOWN OF Incorporated __________ 468 CANTON, CITY OF State depository in __________ 50 CAPITAL STOCK Lost certificates of, how established__________ 103

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CARNEGIE, TOWN OF Incorporated __________ 491 CARROLL COUNTY Fairs for 4th District A M School__________ 250 Clerk of Commissioners, salary of__________ 251 Protection of game birds__________ 252 CEMETERIES, Etc., OUTSIDE OF MUNICIPALITIES How established __________ 130 CHARLTON COUNTY, COUNTY COURT OF Law in relation to amended__________ 228 CHATHAM COUNTY, JUDGE SUPERIOR COURT OF Salary of __________ 42 CHATTOOGA COUNTY Board of Commissioners, Act creating amended_____ 253 CHEROKEE COUNTY Board of Commissioners abolished__________ 255 CITIZENS BANK OF VALDOSTA Charter amended __________ 1257 CLAYTON COUNTY Board of Commissioners created__________ 256 CODE, HOPKINS Adopted __________ 48 CODE AMENDMENTS Volume 1, Section 982, State Depository in Canton 50 Volume 1, Section 982, State Depository in Edison 51 Volume 1, Section 982, State Depository in Gordon 52 Volume 1, Section 982, State Depository in Ringgold 53 Volume 1, Section 574, Who Subject to Road Duty 54 Volume 2, Section 2059, Fees Paid by Fire and Storm Assessment Ins. Cos.__________ 55

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Volume 2, Section 2388, Location of Building and Loan Assns. __________ 55 Volume 2, Section 5182, Books of Account of Farmers, et al. __________ 57 Volume 2, Section 5261, Fees of Witnesses, How Paid __________ 58 Volume 3, Section 671, Removal of Mortgaged Property __________ 59 Volume 3, Section 194, Conversion of Property_____ 60 Volume 3, Section 377, Bigamy, Punishment for_____ 61 COFFEE COUNTY Sale of near beer, etc., prohibited__________ 262 COLLEGE PARK, CITY OF Light and waterworks commission__________ 473 COLUMBUS, CITY OF Title to certain lots__________ 479 Title to commons __________ 482 Title to water lot No. 19__________ 484 Sale of commons __________ 481 COMER, TOWN OF Bonds for waterworks __________ 486 COMMERCE, CITY OF Charter amended __________ 489 CONDITIONAL SALES Removal of property held under__________ 120 CONFEDERATE CEMETERY AT MARIETTA Appropriation for __________ 18 CONFEDERATE CEMETERY AT RESACA Appropriation for __________ 1270 CONFEDERATE SOLDIERS WIDOWS OF Pensions for __________ 37

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CONSTITUTION, AMENDMENTS TO Pensions for Confederate Soldiers widows of_____ 37 Salaries of judges, supplemented by counties_____ 42 County taxation for education__________ 45 CONTINGENT EXPENSES OF GENERAL ASSEMBLY Appropriation for __________ 20 CONTINGENT FUND Appropriation for __________ 15 CONVERSION Of property __________ 60 CORPORATIONS How dissolved __________ 106 COTTON SEED MEAL How branded __________ 82 COUNTY OFFICIAL NEWSPAPERS How selected __________ 87 COUNTY SCHOOL COMMISSIONERS Vacancies, how filled __________ 76 COUNTY TAX COLLECTORS Required to keep cash books__________ 121 COUNTY TAXES Payment of __________ 30 COURT COSTS In criminal cases __________ 118 In misdemeanor cases __________ 81 COURTS, CITY AND COUNTY Ashburn, City Court of, Act Creating Amended_____ 143 Barnesville, City Court of, Established__________ 145 Baxley, City Court of, Act Creating Amended_____ 160 Calhoun County, City Court of, Act Creating Amended __________ 161

Page 1300

Calhoun County, City Court of, Abolished__________ 165 Danielsville, City Court of, Abolished__________ 166 Douglas, City Court of, Act Creating Amended_____ 167 Eastman, City Court of, Act Creating Amended_____ 171 Fayetteville, City Court of, Abolished__________ 173 Fitzgerald, City Court of, Act Creating Amended_ 175 Floyd County, City Court of, Act Creating Amended __________ 176 Greenville, City Court of, Act Creating Amended_ 178 Hazlehurst, City Court of, Act Creating Amended 159 Madison, City Court of, Established__________ 179 Newton, City Court of, Abolished__________ 201 Oglethorpe, City Court of, Act Creating Amended 202 Savannah, City Court of, Laws in Relation to, Amended __________ 203 Swainsboro, City Court of, Act Creating Amended 205 Swainsboro, City Court of, Act Creating Amended 208 Sylvester, City Court of, Act Creating Amended_____ 212 Sylvester, City Court of, Law in Relation to Amended __________ 214 Sylvester, City Court of, Act Creating Amended_____ 216 Washington, City Court of, Act Creating Amended 216 Washington, City Court of, Act Creating Amended 221 Waycross, City Court of, Act Creating Amended_ 227 Charlton County, County Court of, Law in Relation to Amended __________ 228 Morgan County, County Court of, Abolished_____ 228 Putnam County, County Court of, Election of Solicitor __________ 229 COURTS, SUPERIOR Toombs Circuit Created __________ 63 Dawson Superior Court, Terms of__________ 65 Superior Courts of Dougherty and Mitchell Counties, Terms of __________ 66 Hart Superior Court, Terms of__________ 67

Page 1301

Emanuel Superior Court, Terms of__________ 68 Liberty Superior Court, Terms of__________ 70 Marion Superior Court, Terms of__________ 71 Whitfield Superior Court, Terms of__________ 72 CRAWFORD Town of, charter repealed__________ 496 City of incorporated __________ 497 CUMMING, TOWN OF New charter __________ 506 CUTHBERT, CITY OF Incorporated __________ 526 D. DALTON, CITY OF Charter amended __________ 576 DANIELSVILLE, CITY COURT OF Abolished __________ 166 DAWSON SUPERIOR COURT Terms of __________ 65 DEARING, TOWN OF Incorporated __________ 583 DECATUR, TOWN OF Charter amended __________ 596 Confirmation of corporate acts__________ 597 DEXTER, TOWN OF New charter __________ 600 DODGE COUNTY Appointment salary of Commissioners__________ 263 DOERUN, TOWN OF Charter amended __________ 615

Page 1302

DOUGHERTY SUPERIOR COURT Terms of __________ 63 DOUGLAS, CITY COURT OF Act creating amended__________ 167 DOUTHIT, S. M. Claim of, for overpayment of taxes__________ 1288 DUBLIN, CITY OF New charter __________ 618 DURAND, TOWN OF Incorporated __________ 659 E. EAST LAKE, TOWN OF New charter __________ 682 EASTMAN, CITY COURT OF Act creating amended __________ 171 EAST POINT, TOWN OF New charter __________ 696 EDISON, CITY OF Charter amended __________ 700 State depository in __________ 51 ELECTIONS Betting on prohibited __________ 133 ELECTIONS, MUNICIPAL Managers of __________ 116 ELECTRIC RAILROADS OR POWER COMPANIES Consolidation of __________ 95 ELLENTOWN, TOWN OF Incorporated __________ 703

Page 1303

EMANUEL SUPERIOR COURT Terms of __________ 68 ENGINES TEXAS AND GENERAL Preservation of __________ 1289 ENGINEERS OF STATIONARY MACHINES License __________ 112 ENTOMOLOGY, STATE BOARD OF Appropriation for __________ 10 EVIDENCE Books of farmers, et al.__________ 57 EXECUTIVE MANSION Proposals to sell or exchange__________ 1282 Strip from lot to widen Peachtree street__________ 1284 F. FAIRBURN, TOWN OF Charter amended __________ 713 FAYETTEVILLE, CITY COURT OF Abolished __________ 173 FERTILIZERS AND FEED STUFFS Inspection of __________ 85 FITZGERALD, CITY COURT OF Act creating amended __________ 175 FLOYD COUNTY, CITY COURT OF Act creating amended __________ 176 FOOD INSPECTOR Salary duties __________ 84 FORT GAINES, CITY OF Registration of voters __________ 718 Sinking fund commission __________ 721

Page 1304

FORT VALLEY Sale of Grady Institute lot__________ 728 FRANKLIN COUNTY Commissioner, office of, abolishment__________ 265 FULTON COUNTY Judges of Superior Court of, salaries__________ 42 G. GENERAL ASSEMBLY Contingent expenses of __________ 15 GENERAL, ENGINE Preservation of __________ 1289 GEORGIA NORMAL INDUSTRIAL SCHOOL Appropriation for __________ 14 GEORGIA STATE SANITARIUM Appropriation for __________ 8 Appropriation for __________ 9 Appropriation for __________ 11 Training of nurses __________ 128 GEORGIA REPORTS Re-publication __________ 126 Volumes 35 to 65 __________ 1286 For City Courts __________ 1287 GLYNN COUNTY Salary of Clerk of Commissioners__________ 267 GORDON, TOWN OF State depository in __________ 52 GORDON COUNTY Road laws of __________ 268 GOVERNMENT ROAD IN WALKER COUNTY Jurisdiction over ceded __________ 132

Page 1305

GRADY COUNTY Road laws of __________ 269 GRADY INSTITUTE Sale of lot __________ 728 GRANTVILLE, TOWN OF School bonds __________ 729 GREENVILLE, CITY COURT OF Act creating amended __________ 178 GRIFFIN, CITY OF Charter amended __________ 731 GWINNETT COUNTY Bonds of, how issued__________ 270 H. HAGAN, CITY OF Charter amended __________ 755 HALL COUNTY Board of Commissioners, Act creating amended__ 272 Bonds of, how issued __________ 273 HAPEVILLE, CITY OF Charter amended __________ 756 HARRIS COUNTY Salary of Treasurer__________ 276 HART SUPERIOR COURT Terms of __________ 67 HAZLEHURST, CITY COURT OF Act creating amended __________ 159 HEARD COUNTY Salary of Treasurer__________ 276

Page 1306

HELENA, CITY OF Charter amended __________ 759 Charter amended __________ 766 HOGANSVILLE, TOWN OF Charter amended __________ 767 Municipal bonds __________ 769 HOPKINS CODE Adopted __________ 48 HOTELS, ETC. Protection of __________ 137 Sanitary requirements __________ 88 I. ILA, TOWN OF Incorporated __________ 771 INCOME TAX Amendment to Constitution of U. S. ratified_____ 1281 INDIAN SPRINGS Public Comfort building __________ 19 INSURANCE COS., ASSESSMENT, FIRE STORM Fees of __________ 55 IRWIN COUNTY Board of Commissioners created__________ 277 INSPECTOR, FOOD Appointment, duties, etc. __________ 84 INSPECTION OF FERTILIZERS FEED STUFFS Appropriation for __________ 85 J. JASPER, TOWN OF Incorporated __________ 780

Page 1307

JOHNSTON, GENL. JOSEPH E. Monument to __________ 1271 JUDGMENTS Dormancy revival __________ 121 JUDGES SUPERIOR COURTS OF Chatham, Richmond Fulton Counties_____ 42 K KINGSTON, TOWN OF Charter amended __________ 788 KIRKWOOD, TOWN OF New charter __________ 798 KITE, TOWN OF Charter amended __________ 851 L LAKE VIEW, TOWN OF Incorporated __________ 853 LARCENY AFTER TRUST Punishment for __________ 60 LAVONIA, CITY OF Pro rata part of State school fund__________ 857 LESLIE, TOWN OF Charter amended __________ 859 LEXINGTON, TOWN OF Charter amended __________ 860 LIBERTY SUPERIOR COURT Terms of __________ 70

Page 1308

LIBERTY COUNTY, BOARD OF COMMISSIONERS Laws in relation to amended__________ 286 LIBRARIAN, STATE Salaries of assistants__________ 1273 LIENS For material and labor used in public work__________ 86 LILBURN, TOWN OF Incorporated __________ 863 LITHONIA, TOWN OF Charter amended __________ 868 Public schools __________ 870 LOWNDES COUNTY Roads in municipalities, how worked__________ 287 LOUISVILLE, TOWN OF Public schools __________ 872 Public schools __________ 873 LUTHERSVILLE, TOWN OF New charter __________ 874 M MACON, CITY OF Charter amended __________ 919 MADISON, CITY OF Charter amended __________ 931 MADISON, CITY COURT OF Established __________ 179 MADISON COUNTY Office of commissioner abolished __________ 288 Board of commissioners created __________ 288

Page 1309

MAPLES, TOWN OF Charter repealed __________ 934 MARION SUPERIOR COURT Terms of __________ 71 MARIETTA, CITY OF Right of eminent domain__________ 935 Bonds for waterworks__________ 936 School tax __________ 939 Charter amended __________ 940 Power of eminent domain __________ 942 Bonds for sewerage __________ 943 MARSHALLVILLE, TOWN OF Charter amended __________ 945 MARTIN, TOWN OF Charter amended __________ 948 McINTYRE, TOWN OF Incorporated __________ 928 MILAN, TOWN OF Charter amended __________ 951 MILLTOWN, TOWN OF Charter amended __________ 949 MINORS Employment of as messengers__________ 117 MITCHELL SUPERIOR COURT Terms of __________ 66 MITCHELL DISTRICT, TOWN OF Charter amended __________ 953 MORGAN COUNTY, COUNTY COURT OF Abolished __________ 228

Page 1310

MORTGAGED PROPERTY Removal of __________ 59 MUNICIPAL CORPORATIONS Albany, city of, new charter __________ 316 Alston, town of, incorporated __________ 359 Americus, city of, charter amended __________ 366 Arlington, town of, charter amended__________ 368 Atlanta, city of, charter amended__________ 369 Atlanta, city of, charter amended__________ 371 Atwater, town of, charter repealed__________ 377 Austell, town of, charter amended__________ 377 Avalon, town of, charter amended__________ 380 Baconton, town of, charter amended__________ 381 Barwick, town of, charter amended__________ 397 Berlin, town of, incorporated __________ 397 Bowden, town of, new charter__________ 408 Boynton, town of, charter repealed__________ 425 Brooks, town of, incorporated__________ 426 Buford, city of, charter amended__________ 428 Cairo, city of, charter amended__________ 430 Camak, town of, new charter__________ 433 Candler, town of, incorporated__________ 468 College Park, city of, light and waterworks commission __________ 473 Columbus, city of, invested with title to certain land __________ 479 Columbus, city, of, to sell part of commons__________ 481 Columbus, city of, title to commons__________ 482 Columbus, city of, title to water lot No. 19__________ 484 Comer, town of, bonds for waterworks__________ 486 Commerce, city of, charter amended__________ 489 Carnegie, town of, incorporated__________ 491 Crawford, town of, charter repealed__________ 496 Crawford, city of, incorporated__________ 497

Page 1311

Cumming, town of, new charter__________ 506 Cuthbert, city of, incorporated__________ 526 Dalton, city of, charter amended__________ 576 Dearing, town of, incorporated__________ 583 Decatur, town of, charter amended__________ 596 Decatur, town of, confirmation of corporate _____ 597 Dexter, town of, new charter__________ 600 Doerun, town of, charter amended__________ 615 Dublin, city of, new charter__________ 618 Durand, town of, incorporated__________ 659 East Point, town of, new charter__________ 696 East Lake, town of, new charter__________ 682 Edison, city of, charter amended__________ 700 Ellentown, town of, incorporated__________ 703 Fairburn, town of, charter amended__________ 713 Fort Gaines, city of, registration of voters_____ 718 Fort Gaines, city of, sinking fund commission_____ 721 Fort Valley, city of, sale of Grady Institute lot_____ 728 Grantville, town of, school bonds__________ 729 Griffin, city of, charter amended__________ 731 Hagan, city of, charter amended__________ 755 Hapeville, city of, charter amended__________ 756 Helena, city of, charter amended__________ 759 Helena, city of, charter amended__________ 766 Hogansville, town of, charter amended__________ 767 Hogansville, town of, bonds for public utilities_____ 769 Ila, town of, incorporated__________ 771 Jasper, town of, incorporated__________ 780 Kingston, town of, charter amended__________ 788 Kirkwood, town of, new charter__________ 798 Kite, town of, charter amended__________ 851 Lake View, town of, incorporated__________ 853 Lavonia, city of, pro rata share of school fund_____ 857 Leslie, town of, charter amended__________ 859 Lexington, town of, charter amended__________ 860

Page 1312

Lilburn, town of, incorporated__________ 863 Lithonia, town of, charter amended__________ 868 Lithonia, town of, public schools__________ 870 Louisville, town of, public schools__________ 872 Louisville, town of, public schools__________ 873 Luthersville, town of, new charter__________ 874 Macon, city of, charter amended__________ 919 McIntyre, town of, incorporated__________ 928 Madison, city of, charter amended__________ 931 Maples, town of, charter repealed__________ 934 Marietta, city of, right of eminent domain__________ 935 Marietta, city of, bonds for waterworks__________ 936 Marietta, city of, school tax__________ 939 Marietta, city of, charter amended__________ 940 Marietta, city of, power of eminent domain__________ 942 Marietta, city of, bonds for sewerage__________ 943 Marshallville, town of, charter amended__________ 945 Martin, town of, charter amended __________ 948 Milltown, town of, charter amended__________ 949 Milan, town of, charter amended__________ 951 Mitchell District, town of, charter amended__________ 953 Nashville, city of, new charter__________ 956 Newnan, city of, charter amended__________ 999 Norcross, town of, charter amended__________ 1003 Oakhurst, town of, incorporated__________ 1004 Ocilla, city of, school law amended__________ 1034 Oglethorper town of, charter amended__________ 1037 Pine Park, town of, incorporated__________ 1039 Pineview, town of, school law amended__________ 1049 Powder Springs, town of, public roads__________ 1052 Powder Springs, town of, charter amended__________ 1056 Ranger, town of, incorporated__________ 1058 Riverdale, town of, charter amended__________ 1061 Roberta, city of, incorporated__________ 1062 Roberta, town of, charter repealed__________ 1083

Page 1313

Rossville, city of, charter amended__________ 1084 St. Marys, city of, new charter__________ 1086 Sale City, city of, incorporated__________ 1117 Savannah, city of, street improvements__________ 1142 Savannah, city of, registration of voters__________ 1144 Senoia, city of, public schools__________ 1147 Shady Dale, town of, charter amended__________ 1152 Soperton, town of, charter amended__________ 1153 Sparta, city of, charter amended__________ 1160 Statham, town of, new charter__________ 1165 Sycamore, town of, charter repealed__________ 1188 Sycamore, town of, new charter__________ 1189 Tennille, city of, Tennille School District incorporated __________ 1214 Unadilla, town of, charter amended__________ 1219 Unadilla, town of, charter amended__________ 1220 Union Point, city of, charter amended__________ 1221 Uvalda, town of, incorporated__________ 1224 Waycross, city of, charter amended__________ 1231 Waynesboro, city of, charter amended__________ 1232 White Plains, town of, charter amended__________ 1234 Wilburn, town of, incorporated__________ 1236 Willacoochee, town of, charter amended__________ 1241 Worth, town of, new charter__________ 1243 MUNICIPAL TAXATION For public schools__________ 26 For public schools__________ 31 MUNICIPAL ELECTIONS Managers of __________ 116 MUNICIPALITIES Sinking funds __________ 100 MURRAY COUNTY Salary of Treasurer__________ 295

Page 1314

N NASHVILLE, CITY OF New charter __________ 956 NEWNAN, CITY OF Charter amended __________ 999 NEWSPAPERS, OFFICIAL How selected __________ 87 NEWTON, CITY COURT OF Abolished __________ 201 NORCROSS, TOWN OF Charter amended __________ 1003 NORTH GEORGIA AGRICULTURAL COLLEGE Auditorium for __________ 1285 NURSES Training school for at Sanitarium__________ 128 For county jail hospitals __________ 130 O OAKHURST, TOWN OF Incorporated __________ 1004 OCILLA, CITY OF School law amended __________ 1034 OGLETHORPE, CITY COURT OF Act creating amended__________ 202 OGLETHORPE, TOWN OF Charter amended __________ 1037

Page 1315

P PANAMA EXPOSITION AT NEW ORLEANS Recommended __________ 1280 PAST DUE TAXES How assessed and collected __________ 27 PENSIONS FOR Ex-Confederate soldiers and widows__________ 37 PENSION COMMISSIONER Office of continued__________ 124 PINE PARK, TOWN OF Incorporated __________ 1039 PINE VIEW, TOWN OF School law amended __________ 1049 PISTOLS Carrying of, prohibited__________ 134 POWDER SPRINGS, TOWN OF Public schools __________ 1052 Charter amended __________ 1056 PRINTING FUND Appropriation to supply deficiency __________ 1263 PRISONERS ON FARMS How employed __________ 80 PUBLIC ROADS Who subject to duty on__________ 54 How opened and maintained__________ 79 PUBLIC SCHOOLS Municipal taxation for__________ 26 Municipal taxation for__________ 31 PUBLIC WORKS Security for labor and material__________ 86

Page 1316

PUTNAM COUNTY, COUNTY COURT OF Election of Solicitor__________ 229 PUTNAM COUNTY, BOARD OF COMMISSIONERS Act creating amended __________ 296 R RAILROADS Charters of, how forfeited__________ 109 RANGER, TOWN OF Incorporated __________ 1058 REMOVAL OF PROPERTY Held under conditional sale__________ 120 Held under mortgage __________ 59 RICHMOND COUNTY, JUDGE SUPERIOR COURT OF Salary __________ 42 RINGGOLD, TOWN OF State depository in__________ 53 RIVERDALE, TOWN OF Charter amended __________ 1061 ROADS, PUBLIC Who subject to duty on__________ 54 How opened and maintained__________ 79 ROBERTA City of, incorporated__________ 1062 Town of, charter repealed __________ 1083 ROSSVILLE, CITY OF Charter amended __________ 1084

Page 1317

S SAFES, ETC. Possession of tools to open__________ 135 SALE CITY, CITY OF Incorporated __________ 1117 SANITARIUM, GEORGIA STATE Appropriation for __________ 8 Appropriation for __________ 9 Appropriation for __________ 11 Training school for nurses__________ 128 SANITARY REQUIREMENTS Of hotels and inns__________ 88 SAVANNAH, CITY OF Street improvements __________ 1142 Registration of voters __________ 1144 SAVANNAH, CITY COURT OF Laws in relation to amended__________ 203 SCHOOL DISTRICTS Taxes for, how assessed and collected__________ 32 SCHOOLS, PUBLIC Municipal taxation for__________ 26 Municipal taxation for__________ 31 SCHOOL COMMISSIONERS, COUNTY Vacancies, how filled __________ 76 SCHOOL TEACHERS, COUNTY Payment of __________ 76 SENOIA, CITY OF Public schools __________ 1147 SHADY DALE, TOWN OF Charter amended __________ 1152

Page 1318

SHOOTING AT HOUSES Prohibited __________ 137 SINKING FUNDS OF MUNICIPALITIES How protected __________ 100 SOPERTON, TOWN OF Charter amended __________ 1153 SPALDING COUNTY, BOARD OF COMMISSIONERS Act creating amended__________ 299 SPARTA, CITY OF Charter amended __________ 1160 STATHAM, TOWN OF New charter __________ 1165 STATE BOARD OF ENTOMOLOGY Appropriation for __________ 10 STATE SCHOOL, OF TECHNOLOGY Appropriation for __________ 12 STATE NORMAL SCHOOL President Board of Trustees__________ 74 STATIONARY ENGINES OR BOILERS License to run__________ 112 STENOGRAPHER OF STATE BANK EXAMINER Salary of __________ 17 STEWART COUNTY Court costs in criminal cases__________ 300 ST. MARYS, CITY OF New charter __________ 1086 SUPERIOR COURT, JUDGES OF Chatham, Fulten and Richmond counties__________ 42

Page 1319

SWAINSBORO, CITY COURT OF Act creating amended__________ 205 Act creating amended__________ 208 SYCAMORE, TOWN OF Charter repealed __________ 1188 New charter __________ 1189 SYLVESTER, CITY COURT OF Act creating amended __________ 212 Act creating amended __________ 214 Act creating amended __________ 216 T TAXATION BY MUNICIPALITIES For public schools __________ 26 For public schools __________ 31 TAX COLLECTORS, COUNTY Required to keep cash books __________ 121 TAXES How assessed and collected__________ 22 TAXES, PAST DUE How collected __________ 27 TAXES, COUNTY Payment of quarterly and semi-annually __________ 30 TAXES FOR SCHOOL DISTRICTS How assessed and collected__________ 32 TEACHERS Payment of __________ 76 TECHNOLOGY, STATE SCHOOL OF Appropriation for __________ 12

Page 1320

TELFAIR COUNTY Bonds of county officers __________ 302 TENNILLE, CITY OF School District incorporated__________ 1214 TEXAS, ENGINE Preservation of __________ 1289 THOMAS COUNTY Road laws of__________ 269 TOOMBS JUDICIAL CIRCUIT Created __________ 63 TOWNS COUNTY Protection of fish__________ 302 Use of beverages in Young Harris__________ 304 TRUST COMPANIES, POWERS OF How acquired __________ 98 TURNER COUNTY Terms of Commissioners__________ 304 U UNADILLA, TOWN OF Charter amended __________ 1219 Charter amended __________ 1220 UNFINISHED BUSINESS OF LEGISLATURE Completion of __________ 1290 UNION POINT, CITY OF Charter amended __________ 1221 UNIVERSITY, BRANCH COLLEGES OF Boards of Trustees for__________ 74 UVALDA, TOWN OF Incorporated __________ 1224

Page 1321

V VAULTS, ETC. Possession of tools to open__________ 135 VETERINARIAN, STATE Appointment, etc. __________ 125 W WALKER COUNTY Jurisdiction ceded over Government road in__________ 132 WARE COUNTY Slaughter of cattle, etc., in__________ 306 WARREN COUNTY Salary of clerk of Commissioners__________ 307 WASHINGTON COUNTY, BOARD OF COMMISSIONERS Act creating amended__________ 308 WASHINGTON, CITY COURT OF Act creating amended__________ 216 Act creating amended__________ 221 WAYCROSS, CITY OF Charter amended __________ 1231 WAYCROSS, CITY COURT OF Act creating amended __________ 227 WAYNESBORO, CITY OF Charter amended __________ 1232 W. A. RAILROAD Right of way for Viaduct over__________ 1283 WHITE COUNTY Protection of foxes__________ 310

Page 1322

WHITE PLAINS, TOWN OF Charter amended __________ 1234 WHITFIELD SUPERIOR COURT Terms of __________ 72 WILBURN, TOWN OF Incorporated __________ 1236 WILLACOOCHEE, TOWN OF Charter amended __________ 1241 WITNESSES Fees of, how paid__________ 58 WORTH COUNTY Slaughter of cattle, etc. __________ 310 Authorized to reimburse J. C. Rogers__________ 1278 WORTH, TOWN OF New charter __________ 1243 Y YOUNG HARRIS Use of beverages__________ 304

Page 1323

TREASURER'S REPORT.

Page 1324

EXHIBIT No. 1. Report of J. Pope Brown, Treasurer, Showing Receipts and Disbursements at the State Treasury for year ending Dec. 31 1909. RECEIPTS. 1909 1908 * * For purpose of comparison, receipts for 1908 are also given. Dr. Dr. To Balance in the Treasury January 1, 1909 (1908) $ 638,717.82 $ 820,740.17 To Artists' Tax 1,899.50 1,755.50 To Auctioneers Tax 675.63 540.22 To Automobile Tax 6,759.04 1,488.15 To Ball and Bicycle Parks 225.00 238.50 To Bicycle Agents 681.12 580.50 To Billiard Tax 28,417.50 25,234.30 To Building Loan Associations 30.00 40.00 To Cigarette Tax 15,851.80 15,505.29 To Clerks Costs, Court of Appeals 802.50 796.25 To Conscience Fund _____ 10.00 To Corporation Tax, ad valorem 37,196.07 57,582.67 To Costs of Fi. fas 3.50 5.97 To Detective Agencies 90.00 180.00 To Dividends from Stocks 2,596.00 2,596.00 To Electric Shows 1,809.00 1,242.18 To Express Companies Tax 5,723.31 5,746.23 To Fees from Fertilisers 56,603.52 59,984.18 To General Tax 2,961,351.44 2,863,573.74 To Hire of Convicts 184,891.05 380,709.44 To Insolvent General Tax 5,283.15 16,306.75 To Insolvent Poll Tax 1,648.36 1,278.24 To Insurance Fees 28,771.52 24,973.23 To Insurance Agents 15,008.13 13,765.80 To Insurance Tax 150,610.67 143,842.01 To Interest from Depositories 8,512.70 13,502.63 To Investment Companies 250.00 400.00 To Lease on Indian Springs Property 110.00 407.14 To Lease on Oyster Lands _____ 15.00 To Lightning Rod Agents _____ 45.00 To Liquor Tax 47.00 14,788.03 To Locker Tax 9,650.00 14,850.00 To Money Refunded 4,292.54 30.46 To Near Door Fees 222,867.94 19,100.00 To North Eastern Railroad 3,745.00 3,745.00 To Occupation Tax on Corporations, capital stock 34,265.09 33,364.46 To Office Fees 3,672.75 4,381.54 To Oil Fees 16,710.23 12,966.37 To Pure Food Fees 4,299.36 1,417.70 To Pawn Brokers' Tax 7,631.61 8,055.00 To Peddler's Tax 7,698.05 4,530.92 To Pensions Refunded 9,045.80 1,182.50 To Pistol Tax 9,498.78 8,709.17 To Poll Tax 312,918.37 316,717.22 To Railroad Tax 608,608.07 742,883.26 To Railroad Fines _____ 100.00 To Real Estate Agents 2,160.91 1,954.70 To Rental Western Atlantic Railroad 420,012.00 420,012.00 To Rental Mansion Property 120.00 110.00 To Sale of Acts 746.60 565.00 To Sale of Basement Rubbish 40.80 8.75 To Sale of Codes 744.05 442.25 To Sale of Crops _____ 18,898.54 To Sale of Journals 3.50 _____ To Sale of Records 256.50 630.14 To Sale of Reports 11,303.85 9,251.30 To Sale of Reports, Appeals 2,784.45 2,095.70 To Sewing Machine Agents 2,206.00 2,138.00 To Sewing Machine Companies 1,200.00 1,200.00 To Sleeping Car Companies 2,290.15 1,913.84 To Show Tax 8,724.60 4,937.40 To Supreme Court Costs _____ 3,202.75 To Temporary Loan 99,725.00 50,000.00 To Tax on Agencies 1,254.95 1,089.00 To Tax on Abstract Companies 54.00 45.00 To Tax on Bottling Companies 4,061.58 4,356.00 To Tax on Brewing Companies _____ 270.00 To Tax on Cash Registers _____ 9.00 To Tax on Coca-Cola and Similar Companies 450.00 1,080.00 To Tax on Cold Storage 4,887.00 4,698.00 To Tax on Games 2,394.00 1,462.95 To Tax on Immigrants 450.00 _____ To Tax on Loan Agents 450.00 486.00 To Tax on Railway News Co's 270.00 270. To Tax on Rinks 630.00 225.00 To Tax on Slot Machines 704.02 993.15 To Tax on Soda Founts 5,060.76 4,141.08 To Tax on Specialists 157.50 63.00 To Tax on Traders 1,395.00 1,057.50 To Tax on Typewriter Agents or Dealers 234.78 234.00 To Tax on Telegraph Companies 5,291.50 5,262.64 To Tax on Telephone Companies 26,182.46 25,902.43 To Wild Land Tax 19.76 101.49 Total Receipts $6,015,734.64 $6,209,013.33

Page 1325

EXHIBIT No. 1. Report of J. Pope Brown, Treasurer, Showing Receipts and Disbursements at the State Treasury for year ending Dec. 31 1909. DISBURSEMENTS. 1909 1908 * * For purpose of comparison, disbursements for 1908 are also given. Cr. Cr. By Academy for Blind $ 23,000.00 $ 18,000.00 By Agricultural School 105,600.00 66,000.00 By Binding Journals 1,650.00 _____ By Board of Health 16,000.00 16,000.00 By Board of Pharmacy _____ 200.00 By Cattle Inspectors 500.00 175.00 By Civil Establishment 218,890.26 209,771.16 By Court of Appeals Reports 37.96 2,495.20 By College for Colored 7,999.96 7,999.98 By Clerks Costs, Court of Appeals 1,021.25 955.00 By Contingent Fund 15,123.99 21,790.09 By Contingent Expenses, General Assembly 93.26 115.00 By Contingent Fund Railroad Commission 3,000.00 3,000.00 By Contingent Fund Supreme Court 1,130.77 1,294.64 By Contingent Fund, Court of Appeals 659.49 1,044.48 By Department of Agriculture 13,000.00 10,250.00 By Fertilizers' Fund _____ 4,323.32 By Georgia Experiment Station 639.12 603.45 By Georgia State Sanitarium 425,000.00 405,000.00 By Geological Fund 11,443.00 10,565.33 By Georgia Normal and Ind. College 35,000.02 57,671.78 By Horticultural Fund 16,100.00 12,709.11 By Indian Springs (Special Appro.) _____ 559.08 By Indexing House and Senate Journals 75.00 200.00 By Inspections of Oils 1,199.70 1,257.50 By Insurance Pub. Bldgs., etc. _____ 1,058.75 By Land Script Fund Interest 6,314.14 6,314.14 By Legislative Pay Roll 67,100.28 104,932.22 By Library Fund 3,213.38 2,897.29 By Library Fund, Court of Appeals 626.95 1,485.12 By Military Fund 29,085.31 24,659.27 By North Georgia A.M. College (Dahlonega) 21,500.02 21,500.01 By Oglethorpe Monument 7,500.00 6,500.00 By Overpayment Taxes Refunded 3,741.29 1,477.14 By Pensions 944,694.00 932,302.60 By Penitentiary Com _____ 3,000.00 By Prison Fund 229,178.48 381,517.91 By Printing Fund 19,324.81 30,611.64 By Printing Fund Geological Department 2,347.48 5,100.00 By Printing Fund Railroad Commission 1,912.66 1,726.47 By Public Buildings and Grounds 24,850.00 25,150.00 By Publishing, Compiling Georgia Records (Colonial), (Confederate, etc. 6,016.52 12,844.65 By Publishing Georgia Reports 10,287.62 7,778.69 By Public Debt 390,782.50 401,363.75 By Rate Expert, R. R. Commission 229.60 _____ By Reward Fund 1,961.54 2,300.00 By Roster Fund 900.00 925.00 By School for the Deaf 37,417.76 47,582.24 By School Fund 2,422,843.07 2,206,336.92 By School of Technology 60,000.00 65,000.00 By Soldiers' Home 23,000.00 22,000.00 By Solicitors Generals' Fees 5,855.00 5,770.00 By Special Appro. Code Com 819.30 _____ By Special Appropriations, Miscellaneous 13,660.18 1,293.79 By Special Appropriations W. A. R. R. Committee 113.66 _____ By Special Appropriations to Pensioners _____ 768.90 By Special Appropriations McLendon Case 695.00 _____ By State Normal School (Athens) 35,744.96 46,255.06 By State University 45,999.98 45,000.00 By State University for Agricultural College 49,999.98 139,000.00 By State University for Farmer's Institute 2,500.00 2,500.00 By State University for Summer School 5,000.00 5,000.00 By Stationery General Assembly 722.50 473.80 By Temporary Loan Refunded 150,475.00 155,890.03 By Tuberculosis Sanitarium 6,000.00 _____ Total Disbursements during the year 5,529,576.75 5,570,295.51 To Balance in the State Treasury, December 31-1909. 1908 486,157.89 638,717.82 6,015,734.64 6,209,013.33

Page 1327

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. SAM C. ATKINSON Associate Justice. HON. HORACE M. HOLDEN Associate Justice. GEORGE W. STEVENS Reporter. JOHN M. GRAHAM Assistant Reporter. Z. D. HARRISON Clerk. W. E. TALLEY Deputy Clerk. JAMES W. VAUGHAN Sheriff. Court of Appeals. HON. B. H. HILL Chief Judge. HON. R. B. RUSSELL Judge. HON. A. G. POWELL Judge. GEORGE W. STEVENS Reporter. JOHN M. GRAHAM Assistant Reporter. LOGAN BLECKLEY Clerk. W. E. TALLEY Deputy Clerk. P. W. DERRICK Sheriff.

Page 1328

Superior Court Calendar for 1910-11. 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. DoughertyFourth Mondays in March and September. GradyFirst Mondays in March and September. MitchellSecond 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; HUGH M. DORSEY, Atlanta, Solicitor-General. FultonFirst Mondays in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HON WALTER W. SHEPPARD, Savannah, Judge; N. J. NORMAN, Savannah, Solicitor-General. BryanFirst Mondays in May and November. EffinghamSecond Mondays in April and October. LibertyThird Monday in February and third Monday in September. McIntoshFourth Monday in May and first Monday in December. TattnalFirst Mondays in April and October.

Page 1329

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; J. H. THOMAS, Baxley, 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. 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 March and September. MuscogeeFirst Mondays in February, May, August, and November. TalbotSecond Mondays in March and September. TaylorFirst Mondays in April and October.

Page 1330

CHEROKEE CIRCUIT. HON. A. W. FITE, [Illegible Text], 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 Mondays in January and April, fourth Monday in July and second Monday in October. CORDELE CIRCUIT. HON. U. V. WHIPPLE, Cordele, Judge; WALTER F. GEORGE, [Illegible Text], Solicitor-General. [Illegible Text] Hill First 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. 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.

Page 1331

FLINT CIRCUIT. HON. ROBERT T. DANIEL, Griffin, 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. EmanuelSecond 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. NORTHEASTERN CIRCUIT. HON. J. B. JONES, Toccoa, Judge; ROBERT McMILLAN, Clarkesville Solicitor-General. DawsonSecond Monday in March 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.

Page 1332

NORTHERN CIRCUIT. HON. DAVID W. MEADOW, Danielsville, Judge; THOS. J. BROWN, Elberton, Solicitor-General. ElbertSecond Mondays in March and September. HartSecond Mondays in April and October. MadisonFirst Mondays in March and September. OglethorpeThird Mondays in April and October. OCMULGEE CIRCUIT. HON. JAMES B. PARK, Greensboro, Judge; J. E. POTTLE, Milledgeville, Solicitor-General. BaldwinSecond Mondays in January and July. GreeneFourth Monday in January, and fourth Monday in July. [Illegible Text]Fourth Mondays in March and September. [Illegible Text]Third 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. 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.

Page 1333

ROME CIRCUIT. HON. JOHN W. MADDOX, Rome, Judge; J. W. BALE, LaFayette, Solicitor-General. ChattoogaSecond Mondays in March and September. FloydSecond Mondays in January and July. WalkerThird Mondays in February and August. SOUTHERN CIRCUIT. HON. W. E. THOMAS, Thomasville, Judge; JOHN A. WILKES, Moultrie, 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. 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; J. R. HUTCHESON, Douglasville, 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.

Page 1334

TOOMBS CIRCUIT. HON. B. F. WALKER, Gibson, Judge; THOS. J. BROWN, Elberton,Solicitor-General. GlascockThird Mondays in February, May, August and November. LincolnFourth Mondays in April, July, October and January. TaliaferroFourth Mondays in February, May, August and November. WarrenFirst Mondays in April, July, October and January. WilkesFirst Mondays in May, August, November and February. WAYCROSS CIRCUIT. HON. T. A. PARKER, Waycross, Judge; M. D. DICKERSON, Douglas, 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. [Illegible Text]Third 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. [Illegible Text]First Mondays in March, June, September, and December. JacksonFirst Mondays in February and August. [Illegible Text]Fourth Mondays in January and July. WaltonThird Mondays in February and August.