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 19120000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1912 19120000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA, GA. CHAS. P. BYRD, STATE PRINTER. 1912.

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

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1912 PART I.PUBLIC LAWS. TITLE I.APPROPRIATIONS TITLE II.AMENDMENTS TO CONSTITUTION TITLE III.CODE AMENDMENTS TITLE IV.SUPERIOR COURTS TITLE V.MISCELLANEOUS

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TITLE I. APPROPRIATIONS. ACTS. For Expenses of the Government for 1912 and 1913. For North Georgia Agricultural College, Industrial Building. For School for the Deaf. For First District Agricultural School. For Third District Agricultural School. For Fourth District Agricultural School. For Salary State Game Commissioner. For Eradication of Cattle Tick in the State. For Manufacture of Hog Cholera Serum.

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APPROPRIATIONS FOR EXPENSES OF THE GOVERNMENT. No. 627. An Act to make additional appropriations for the years 1912 and 1913, to supply deficiencies in the several appropriations for the expenses of the government; to make additional appropriations to certain of the institutions of the State; to amend the General Appropriation Act of 1911, by making a correction therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the following sums of money be, and they are, hereby appropriated to the objects and for the purposes herein stated, to-wit: Paragraph 1. To supplement the Public Building Fund for the year 1912 for ordinary repairs of the public buildings; to purchase coal, wood, lights, furniture for the Executive Mansion and the various departments of the State Government; to pay the hire of Engineers, Guards, Watchmen, Servants at the Mansion, and such Porters for the various departments as the Governor may employ, and for the general expenses incident to the keeping in proper condition of the public buildings and grounds and to hire such other labor as may be necessary, the sum of ten thousand dollars. Public building fund. Par. 2. To meet a deficiency in the Pension Fund to pay those ninety-eight pensioners now on the pension roll

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and entitled to be paid pensions for the year 1912 and who have not been paid on account of the insufficiency of the funds appropriated for the payment of the pensions for the year 1912, the sum of $6,000.00, or so much thereof as may be necessary. Pension fund. Par. 3. To pay those applicants for pensions for the year 1912 whose applications were filed prior to the 15th day of November, 1911, and whose applications were not approved for payment by said date because defective, but which have been since amended and approved, to the number of one hundred and twenty-nine, the sum of eight thousand dollars, or so much thereof as may be necessary. Pension fund. Par. 4. To pay to the State Entomologist increased salary from the 23rd day of August, 1911, to the 31st day of December, 1912, the sum of three hundred and fifty-four dollars, as provided by the Act approved August 23, 1911, increasing such salary. Salary of State Entomologist. Par. 5. To pay to the State Entomologist the sum of $1,000.00 for each of the years 1912 and 1913, for his salary for said years in addition to the sum appropriated in the General Appropriation Act of 1911 for the payment of the salary of said officer; said additional sum to be paid on account of the increased salary of said officer as provided by the Act approved August 23, 1911, increasing his salary. Salary of State Entomologist. Par. 6. To pay the salary of the Commissioner of Commerce and Labor for the period from the 25th day of January, 1912, to the 31st day of December, 1912, the sum of two thousand, two hundred, thirty-three dollars and thirty-three cents, and to pay the salary of said officer for the year 1913 the sum of two thousand, four hundred dollars. Salary of Commissioner of Commerce and Labor.

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Par. 7. To pay the salary of the Assistant Commissioner of Commerce and Labor for the period from the 25th day of January, 1912, to the 31st day of December, 1912, the sum of one thousand, six hundred and seventy-five dollars, and to pay the salary of said officer for the year 1913, the sum of one thousand, eight hundred dollars. Salary of Assistant Commissioner of Commerce and Labor. Par. 8. To pay the salary of the Stenographer for the Department of Commerce and Labor for the period from the 25th day of January, 1912, to the 31st day of December, 1912, the sum of eight hundred, thirty-seven dollars and fifty cents, and to pay the salary of the Stenographer of said department for the year 1913, the sum of nine hundred dollars. Salary of Stenographer of Commissioner of Commerce and Labor. Par. 9. For the support and maintenance of the Soldiers' Home of Georgia, for each of the years 1912 and 1913, the sum of two thousand five hundred dollars, in addition to the sum appropriated by the General Appropriation Act of 1911, and for the year 1912, in further addition to said aforementioned sums, the sum of one thousand dollars, or so much thereof as may be necessary for necessary furniture, furnishing and equipment of the hospital at said Home, said latter sum to be immediately available. Support of Soldiers' Home. Par. 10. To supply a deficiency in the Military Fund of the State for the year 1912, for necessary expenses in maintaining the militia forces of the State for said year 1912, the sum of seven thousand five hundred dollars, or so much thereof as may be necessary to be expended for the purposes of the Military Department of the State set forth in the General Appropriation Act of 1911, said sum to be in addition to the sum appropriated for the Military Department

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by the said Act of 1911. And the further sum of two thousand five hundred dollars is hereby appropriated to the Military Department for each of the years 1912 and 1913 as a contingent fund to be used and expended only for the purposes of paying the expenses of the militia forces of the State when called out for duty as provided by Sections 1433, 1434 and 1435 of Volume 2 of the Code of 1910. No portion of said fund shall be drawn from the Treasury until needed for expenses which may be incurred in the manner aforesaid, and any sum drawn from said fund shall be drawn on warrants of the Governor; and any portion of said fund appropriated for either of said years not used in the manner aforesaid shall at the end of each of said years, revert to the general funds of the Treasury. Military fund. Par. 11. For the University of Georgia for the support and maintenance of the School of Technology at Atlanta, the sum of five thousand dollars for each of the years 1912 and 1913, said sum to be in addition to the sum appropriated for the support of said school in the General Appropriation Act of 1911. School of Technology. Par. 12. For the University of Georgia for the support and maintenance of the Georgia Normal and Industrial College at Milledgeville, the sum of five thousand dollars for each of the years 1912 and 1913, said sum to be in addition to the sum appropriated in the General Appropriation Act of 1911. Normal and Industrial School. Par. 13. For the University of Georgia for the support and maintenance of the State Normal School at Athens, the sum of five thousand dollars for each of the years 1912 and 1913, said sum to be in addition to the sum appropriated in the General Appropriation Act of 1911. State Normal School.

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Par. 14. For the University of Georgia for the support and maintenance of the Agricultural, Normal and Industrial College in South Georgia, at Valdosta, for the year 1913, the sum of twenty-five thousand dollars; concerning the operation of which institution, the Chairman of the Board of Trustees shall report annually to the General Assembly an itemized statement of all receipts and expenditures, together with a detailed statement of the affairs of said college. Agricultural, Normal and Industrial College. Par. 15. For the Department of Agriculture for each of the years 1912 and 1913 for the employment of additional assistants to the State Chemist, for maintenance of Laboratory, purchase of chemicals, and all other necessary expenses in connection with the analyses of fertilizers, feeding stuffs, foods and drugs, and all experimental work which may be conducted, and all other expense incidental to the inspection and analyses of fertilizers, feeding stuffs, food and drugs, the sum of seven thousand five hundred dollars, or so much thereof as may be necessary; said sum to be in addition to the sums appropriated for maintenance of the Chemical Department of the Department of Agriculture by the General Appropriation Act of 1911, said sums to be paid out of the funds arising from the inspection of fertilizers, feeding stuffs, and oils; and this being a case of emergency, this appropriation shall be available immediately after its passage and its signature by the Governor. Chemical Department. Par. 16. Be it further enacted, That the Governor is hereby authorized to draw his warrant on the Treasury to pay to Miss Kate Flournoy Edwards the sum of eight hundred dollars for the painting and furnishing to the State of a portrait of the late Senator A. S. Clay, and said sum is hereby appropriated for said purpose. Portrait of Hon. A. S. Clay.

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Par. 17. Be it further enacted, That the Governor is hereby authorized to draw his warrant on the Treasury in favor of the High Rock Water Company for the sum of $164.70 for water furnished to the House of Representatives for the session of 1911, and for the further sum of $175.00, or so much thereof as may be necessary, for water furnished to the House of Representatives for the session of 1912; to the High Rock Water Company the sum of $33.30 for water furnished the Senate for the session 1912, and to the Benscot Lithia Springs Company the sum of $62.00 for water furnished the Senate for the session of 1911; said sums to be paid by warrants of the Governor after the bills for the water furnished have been approved for payment by the Secretary of State. Water for Legislature. Par. 18. 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 1911, unfinished at the adjournment of said session. Statements of business of Legislature. Par. 19. For the support and maintenance of the Prison Department the sum of five thousand dollars for each of the years 1912 and 1913, said sums to be in addition to the sums appropriated by the General Appropriation Act of 1911. Prison Department. Par. 20. Be it further enacted, That the sum of fourteen thousand seven hundred dollars, or so much thereof as may be necessary, be and the same is hereby appropriated to

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the Trustees of the Academy for the Blind to be used and expended for the following purposes: Four thousand dollars for constructing an infirmary on the academy grounds; three thousand dollars for building a laundry and supplying the necessary equipment, engines, boilers, and machinery; seven hundred and fifty dollars for building a barn; two thousand two hundred and fifty dollars for building a pumping plant; and the necessary tanks, piping, engines, and machinery; four hundred and fifty dollars for building a servants' house, and the balance of the sum hereby appropriated, for the purchase of typewriters, pianos and other school equipment and for repairs to the buildings of said academy; said Trustees may, from time to time, make requisition upon the Governor for amounts needed for the purposes aforesaid, and the Governor is hereby authorized to draw his warrants on the State Treasury for such amounts as may be required for said purposes. Academy for the Blind. Par. 21. For compensation of the Elevator Operator appointed by the Keeper of Public Buildings, the sum of ten dollars per month for the remaining months of the year 1912, and for all of the months of 1913, said sum to be in addition to the sums appropriated for the compensation of such Elevator Operator by the General Appropria-Act of 1911; the purpose of this paragraph being to increase the compensation of said Elevator Operator from forty dollars per month to fifty dollars per month, beginning September 1, 1912. Elevator Operator. Par. 22. For repaying of overpaid taxes by W. F. Hall of Cedartown, Polk County, Georgia, the sum of twenty dollars. Taxes in Polk County. Par. 23. Be it further enacted, That the sum of ten

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thousand dollars, or so much thereof as may be necessary, is hereby appropriated to the Trustees of the Georgia Sanitarium for Consumptive Patients at Alto, said sum to be used and expended for the building of a septic tank and additional shacks; said Trustees may, from time to time, make requisition upon the Governor for amounts needed for the purpose aforesaid, and the Governor is hereby authorized to draw his warrants on the State Treasury for such amounts as may be required for such purpose. Sanitarium for Consumptives at Alto. Par. 24. Be it further enacted, That the sixth paragraph of sub-section one of Section 7 of the General Appropriation Act of 1911, be corrected by striking out all of said subsection after the words as follows, in the eighth line thereof, and inserting in lieu thereof the words $3,000.00 to employ additional experts and assistants; $2,000.00 for equipment and maintenance of laboratory, purchase of chemicals, and all other necessary expenses incidental to the chemical analysis of fertilizers and feed stuffs, as provided by the Act approved August 15, 1910. Chemical Department. Par. 25. That Section 3 of said General Appropriation Act of 1911 be amended by striking therefrom the words during 1912 and by the President of the Senate thereafter, in lines 53 and 54 of said Section, so it will read: For compensation of five (5) Pages to the Senate to be appointed by the Messenger of the Senate for the first 25 days of the next session; the Senate to adopt such rules as it sees proper in the appointment of Pages for the remainder of the session. Pages of Senate. Par. 26. To provide a contingent fund to meet the incidental expenses of the Commissioner of Commerce and Labor for each of the years 1912 and 1913, nine hundred dollars, or so much thereof as may be necessary. Incidental expense of Commissioner of Commerce and Labor.

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Par. 27. The Commission of the Industrial College for Colored People are authorized to use the appropriation approved August 22nd, 1905, entitled appropriation for Industrial College for Colored People, for such purposes as may be deemed by the Commission for the welfare of said school. Industrial College for Colored people. Approved August 19, 1912. APPROPRIATION FOR NORTH GEORGIA AGRICULTURAL COLLEGE INDUSTRIAL BUILDING. No. 636. An Act to appropriate the sum of $25,000, or so much thereof as may be necessary for the purpose of building a new Industrial building upon the Campus of the North Georgia Agricultural College, located at Dahlonega, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That the sum of $25,000, or so much thereof as may be necessary, shall be, and is, hereby appropriated to the University of Georgia, for the purpose of building and equipping with apparatus a new Industrial building to be located upon the campus of the North Georgia Agricultural College at Dahlonega, Georgia. Provided, that one-half of the sum hereby appropriated shall be available in the year 1913 and the remaining half in the year 1914. Industrial building for North Georgia Agricultural College; SEC. 2. Be it further enacted by the authority aforesaid,

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That from and after the passage of this Act the Board of Trustees of said North Georgia Agricultural College are authorized and empowered to make requisition upon the Governor of said State for the said $25,000, or any part thereof, from time to time, as the same may be needed for the erection of said Industrial building; 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 Trustees and said Treasurer is directed to pay the same out of any funds in the Treasury available for that purpose. Provided, the Board of Trustees of said college shall furnish to the Governor complete plans and specifications of said Industrial building, and the equipment therefor, together with the bids for the erection and equipment of said Industrial building, all of which is to be approved by the Governor, and the warrants drawn by the Governor are only to be drawn in installments as the work progresses. how erected. 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 19, 1912. SCHOOL FOR THE DEAF, APPROPRIATION FOR. No. 586. An Act to appropriate ten thousand dollars to the Georgia School for the Deaf for completing the dormitory building, for new boilers, for enlarging boiler house, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of Georgia, That ten thousand dollars, or so much thereof as may be necessary, be appropriated to the Georgia School for the Deaf, to be expended in installing two 100 horse power boilers, for building smoke stack, and for extending its lighting and heating facilities and water works. School for the Deaf. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be hereby repealed. Approved August 19, 1912. AGRICULTURAL SCHOOL, FIRST DISTRICT, APPROPRIATION FOR DORMITORY. No. 599. An Act to appropriate the sum of seven thousand five hundred dollars for the erection of an additional dormitory and mess hall building at the First District Agricultural and Industrial School at Statesboro, Georgia. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That the sum of seven thousand five hundred. dollars be and it is hereby appropriated for the election of an additional dormitory and mess hall building at the First Agricultural and Industrial School at Statesboro, Georgia. The said sum to be paid over to the Trustees of the said school for said purpose, to be expended by them under the direction and approval of the Governor. First Agricultural and Industrial School. SEC. 2. Be it further enacted, That all laws and parts

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of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. AGRICULTURAL SCHOOL, THIRD DISTRICT, APPROPRIATION FOR. No. 614. An Act to make an appropriation to the Trustees of the Third District Agricultural and Mechanical School, the sum of six ($6,000) thousand dollars, to construct a college building and equipment for the same for the Third District Agricultural School, at Americus, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of six ($6,000) thousand dollars be, and the same is, hereby appropriated to the Trustees of the Third District Agricultural and Mechanical School, to be used in the construction of a school building and equipment for the same for the Third District Agricultural and Mechanical School at Americus. Third District Agricultural and Mechanical School. SEC. 2. Be it further enacted by the authority aforesaid, That said sum may be drawn from the Treasury by warrant of the Governor whenever the bills for said building and equipment have been approved by the Commission of said Third District Agricultural and Mechanical School and said building approved and accepted by said Commission; provided,

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however, that the money herein appropriated shall only become available upon the following terms and conditions: The whole amount, six thousand ($6,000) dollars when the Trustees have collected from other sources and have in hand six thousand ($6,000) dollars thus collected. The entire twelve thousand dollars to be expended for building and equipment for same for said Third District Agricultural and Mechanical School. 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 19, 1912. AGRICULTURAL SCHOOL, FOURTH DISTRICT, APPROPRIATION FOR. No. 604. An Act to make an appropriation to the Trustees of the Fourth District Agricultural and Mechanical School, the sum of six ($6,000) thousand dollars, to construct a college building and equipment for the same for the Fourth District Agricultural School, at Carrollton, 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 six ($6,000) thousand dollars be, and the same is, hereby appropriated to the Trustees of the Fourth District Agricultural and Mechanical School, to be used in the construction of a school building

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and equipment for the same for the Fourth District Agricultural and Mechanical School at Carrollton. Fourth District Agricultural and Mechanical School. SEC. 2. Be it further enacted by the authority aforesaid, That said sum may be drawn from the Treasury by warrant of the Governor whenever the bills for said building and equipments have been approved by the Commission of said Fourth District Agricultural and Mechanical School and said building approved and accepted by said Commission; provided, however, that the money herein appropriated shall only become available upon the following terms and conditions: The whole amount, six thousand ($6,000) dollars when the Trustees ahve collected from other sources and have in hand six thousand ($6,000) dollars thus collected. The entire twelve thousand dollars to be expended for building and equipment for same for said Fourth District Agricultural and Mechanical School. 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 19, 1912. STATE GAME COMMISSIONER, COMPENSATION. No. 566. An Act to make appropriation for the expenses of the State Game Commissioner, and payment of Wardens, 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 so much of the funds arising from the sale of hunting license and from fines imposed for violations of the State game and fish laws, in the Treasury to the credit of the game protection fund as may be necessary to meet the ordinary expenses incurred by the Commissioner in the conduct of the business of his office, and for the support of that department, for the salary of the Commissioner, and per diem of Game Wardens and Deputy Wardens when acting under the special instructions from the Commissioner, from September 1st, 1911, and as may be necessary to carry out the provisions of law, be and the same are hereby appropriated. And the Governor is hereby authorized to draw his warrants on the game protection fund in the Treasury for salary and expenses already incurred, and from time to time as may appear to be necessary under the provisions of the laws enacted and to be enacted in connection with the State game and fish department. Commissioner for protection of game, Compensation of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. CATTLE TICK, APPROPRIATION FOR ERADICATION OF. No. 602. An Act providing for an appropriation for the eradication of the cattle tick in the State of Georgia; providing

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how said appropriation shall be expended, and for other purposes. Whereas, the annual losses from tick-infestation of our cattle are proven to be in excess of six million dollars annually; and, Whereas, it has been proven that this pest can be exterminated from any farm, county or State by systematic inspection and disinfection of all the cattle, at a cost not exceeding 25 per cent. of the actual annual death losses from tick fever; and, Preamble. Whereas, an area greater than four times the size of the State of Georgia has been permanently freed of this pest since 1906, not a single county having become reinfested after it had been cleaned; and, Whereas, the eradication of the cattle tick is absolutely essential to the development of a profitable cattle industry; and, Whereas, the invasion of the boll weevil in the cotton States has been marked by disaster amounting, almost, to the abandonment of all farms within the plague stricken area; and, Whereas, the development of a profitable and progressive live stock industry, the keystone of intensified and diversified farming, has proven the only successful solution of fighting the boll weevil; and, Whereas, the extermination of the cattle tick, and the development of the cattle industry have enabled the plague stricken area in the State of Mississippi to rapidly recover from the disaster of the boll weevil invasion, prudence demands that we profit by their experience; therefore,

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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 sum of fifteen thousand dollars ($15,000) annually be, and the same is, hereby appropriated out of any funds in the Treasury, not otherwise appropriated, for the purpose of exterminating the cattle tick, and developing the live stock industry in the State of Georgia. Extermination of cattle tick. SEC. 2. Be it further enacted, That this work shall be under the supervision and control of the State Veterinarian who is hereby authorized, under the rules and regulations now in force issued under date of November the 9th, 1910, and approved by the Commissioner of Agriculture, to employ and discharge men qualified to act as cattle inspectors, or supervising veterinarians, and a clerk for keeping the records of this work. Annually he shall file with the Commissioner of Agriculture a detailed statement of the expenditure and progress of this work, same to be published in pamphlet form for free distribution among the people. State Veterinarian. SEC. 3. Be it further enacted, That all cattle inspectors and supervising veterinarians employed under the provisions of this Act be, and they are, hereby vested with authority to discharge the duties of live stock inspector as defined in Section six of the Act of 1909 (law authorizing control of infectious and contagious diseases of animals in the State of Georgia). Cattle Inspectors. SEC. 4. Be it further enacted, That an emergency existing, that this Act go into effect and the appropriation become available immediately upon receiving the signature of the Governor.

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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 19, 1912. HOG CHOLERA SERUM, APPROPRIATION FOR MANUFACTURE OF. No. 601. An Act to amend an Act of the General Assembly of Georgia, approved August 19, 1911, entitled An Act to provide for the manufacture of hog cholera serum at the State College of Agriculture, for its distribution through the State Veterinarian, and for other purposes. Whereas, the present plant for the manufacture of hog cholera serum at the State College of Agriculture is entirely inadequate to supply the existing demand for serum; and, Preamble. Whereas, the losses among the swine from cholera, especially in the southern portion of the State, has been in excess of 60 per cent. of the entire hog crop of 1911, due to the enormous spread of this dread disease; and, Whereas, there is great need of relief in the emergency to mitigate and eventually check the ravages of this disease; therefore, 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 approved August 19, 1911, be amended by striking therefrom all of Section 3, and substituting therefor the following: Section 3. Be it further enacted, That, in order to carry out the provisions of this Act the sum of six thousand ($6,000.00) dollars, or so much thereof as may be necessary, is hereby annually appropriated out of any funds in the Treasury not otherwise appropriated. Three thousand ($3,000.00) dollars of this sum, or so much thereof as may be necessary, shall be expended for additional equipment and maintenance of the plant for the manufacture of said hog cholera serum at the State College of Agriculture at Athens; and the remaining three thousand ($3,000.00) dollars, or so much thereof as may be necessary, shall be available for the investigation of reported outbreaks of hog cholera, field investigation, sanitary control of the infected districts and supervision of the distribution of serum under the direct supervision of the State Veterinarian. Hog cholera serum. SEC. 2. Be it further enacted, That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912.

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TITLE II. AMENDMENTS TO CONSTITUTION. ACTS. Charters, Judges of Superior Courts May Grant in Vacation. Justice Courts, Provision to Abolish in Certain Cities. Pensions of Ex-Confederate Soldiers and Widows of (Section 1 Act 1910 Amended). Pensions of Ex-Confederate Soldiers and Widows of (Section 8 Act 1910 Amended). Taxation, Certain Farm Products Exempted from. Bleckley, County of Creation. Wheeler, County of Creation. CHARTERS, JUDGES OF SUPERIOR COURTS MAY GRANT IN VACATION. No. 532. An Act to amend Article 3, Section 7, Paragraph 18 of the Constitution of the State of Georgia, embraced in Section 5780 of the Civil Code of this State authorizing and empowering Judges of the Superior Courts of this State to grant charters to private companies in vacation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That Paragraph 18, Section 7, Article 3 of the Constitution of this State embraced in Section 5780 of the Civil Code of Georgia be and the same is hereby amended by adding after the word courts in the sixth line thereof the following words: It may confer this

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authority to grant corporate powers and privileges to private companies to the Judges of the Superior Courts of this State in vacation, so that said Section and Paragraph, as aforesaid, when amended, shall read as follows: The General Assembly shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the Courts; it may confer this authority to grant corporate powers and privileges to private companies to the Judges of the Superior Courts of this State in vacation. All corporate powers and privileges to banking, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the Legislature shall provide by general laws by what person such charters shall be granted. Charters for corporations may be granted in vacation. SEC. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general election. Publication of Act. SEC. 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection

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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 Constitution authorizing Judges of the Superior Courts to grant charters in vacation, and all persons opposed to adoption of said amendment shall have written or printed on their ballots the words, Against amendment of Constitution authorizing Judges of the Superior Courts to grant charters in vacation. Ratification of Amendment. SEC. 4. Be it further enacted, That the Governor be, and he is, hereby authorized and directed to provide for the submission of the amendment proposed in this Act to a vote of the people, as required by the Constitution of this State in Paragraph one of Section one of Article thirteen, and if ratified the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of elections for members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. Proclamation. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912.

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JUSTICE COURTS, PROVISION TO ABOLISH IN CERTAIN CITIES. No. 359. An Act to amend Article 6, Section 7, of the Constitution of this State, which provides that there shall be in each Militia District, one Justice of the Peace; so as to provide that the Legislature may abolish Justice Courts and the office of Justice of the Peace and of Notary Public ex-officio Justice of the Peace in certain cities and establish, in lieu thereof, such Court, or Courts, or system of Courts as the General Assembly may deem necessary; to provide for the jurisdiction of such Courts, and for rules of procedure therein, and for the correction of errors in and by said Courts, by the Superior, or Supreme Court, or Court of Appeals, 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 Article 6, Section 7, of the Constitution of this State be, and the same is, hereby amended by adding to Paragraph 1 of said Section the following words, to-wit: Provided, however, that the General Assembly may in its discretion, abolish Justice Courts and the office of Justice of the Peace and of Notary Public ex-officio Justices of the Peace in any City of this State having a population of over twenty thousand, except the City of Savannah, and establish in lieu thereof, such Court, or Courts, or system of Courts as the General Assembly may in its discretion deem necessary, conferring upon such new Court or Courts or system of Courts when so established the jurisdiction

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as to subject matter now exercised by Justice Courts and by Justices of the Peace and Notaries Public ex-officio Justices of the Peace; together with such additional jurisdiction either as to amount or subject matter, as may be provided by law, whereof some other Court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such Courts, and as to new trials and the correction of errors in and by said Courts, and with such further provisions for the correction of errors by the Superior Court, or the Court of Appeals, or the Supreme Court, as the General Assembly may from time to time, in its discretion provide or authorize. Any Court so established shall not be subject to the rules of uniformity laid down in Paragraph 1 of Section 9 of Article 6 of the Constitution of Georgia. So that said Section when amended shall read as follows: There shall be in each Militia District one Justice of the Peace whose official term, except when elected to fill an unexpired term, shall be four years; provided, however, that the General Assembly may, in its discretion, abolish Justice Courts and the office of Justices of the Peace and of Notary Public, ex-officio Justices of the Peace in any City of this State having a population of over twenty thousand, except the City of Savannah, and establish in lieu thereof such Court of Courts or system of Courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new Court, or Courts, or system of Courts, when so established, the jurisdiction as to subject matter now exercised by Justice Courts and by Justices of the Peace and Notaries Public ex-officio Justices of the Peace, together with such additional jurisdiction, either as to amount or subject matter, as may be provided by law, whereof some other Court has not exclusive jurisdiction under this Constitution; together also with such provision

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as to rules and procedure, in such Courts and as to new trials and the correction of errors in and by said Courts and with such further provision for the correction of errors by the Superior Court or Court of Appeals, or the Supreme Court as the General Assembly may from time to time, in its discretion, provide or authorize. Any Court so established shall not be subject to the rules of uniformity laid down in Paragraph 1 of Section 9 of Article 6 of the Constitution of Georgia. Justice Courts may be abolished where. System of courts to be established in lieu thereof. Jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by a two-thirds of the members elected to each House it shall be entered upon the Journal of each House with the yeas and nays thereon and published in one or more newspapers in each Congressional District in said State for two months previous to the time for holding the next general election and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words for ratification of amendment to Article 6, Section 7 of the Constitution. authorizing the establishment of other Courts in certain cities in lieu of Justice Courts, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words against ratification of amendment to Article 6, Section 7 of the Constitution, authorizing the establishment of other Courts in certain cities in lieu of Justice Courts, and if the majority of the electors qualified to vote for the members of the General Assembly voting thereon, shall be consolidated, as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then

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he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified. Submission to electors for ratification. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 30, 1912. PENSIONS OF EX-CONFEDERATE SOLDIERS AND WIDOWS OF (SECTIONS 1 AND 15, ACT 1910, AMENDED). No. 446. An Act to amend Section 1 of the Act passed and approved July 11, 1910, to put in force the Constitutional amendment of Paragraph 1, Section 1, Article 7 of the Constitution, so as to strike therefrom the words in the 7th and 8th lines in parenthesis (not now drawing a pension from the State of Georgia) and shall strike the word Fifteen in the 11th Section of same Act and insert the word First, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State, That on and after the passage of this Act, that Section 1 of the Act of July 11, 1910, known as the Service Pension Law, shall be amended by striking from the 7th and 8th lines of said Section the words in parenthasis, to-wit: (not now drawing a pension from the State) so that

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said Section when amended by this Act will read as follows: That a pension of sixty dollars be paid annually on the first 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 day of January, 1870, who was a bona fide resident citizen of this State on the fourth day of November, 1908, the total value of whose property of any kind and of any description and 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. Provided, this Act shall not apply to those, the value of whose property is more than fifteen hundred dollars, nor whose pension is more than sixty dollars per annum. Provided, further, proof of six months service shall not be required of any soldier who died while in the service before the expiration of said six months. Pensions of Ex-Confederate soldiers and widows of Ex-Confederate soldiers. SEC. 2. Be it further enacted by the authority aforesaid, That Section 11 of same Act be amended by striking word Fifteen and adding in lieu thereof word First, so that said Section after amended shall read as follows: That all applications for pensions to be considered for the rolls of the following year, shall be filed in the office of Commissioner of Pensions on or before the first of November of each year. Applications, when filed. 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, 1912.

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PENSIONS OF EX-CONFEDERATE SOLDIERS AND WIDOWS OF (SECTION 8, ACT 1910, AMENDED). No. 553. An Act to amend Section 8 of an Act approved July 11th, 1910, entitled An Act to be entitled an Act to put in force the Constitutional amendments ratified at the November election, 1908, of Paragraph 1, Section 1, Article 7 of the Constitution of the State, providing for the payment of pensions to ex-Confederate soldiers and to widows of ex-Confederate soldiers (married prior to the first of January, 1870) not worth over $1,500; to fix the term of service, the annual amount to be paid, the proofs to be made, to provide penalties for false and fradulent swearing in connection therewith and to make appropriations to pay the same, and for other purposes, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act approved July 11th, 1910, as per caption quoted in the caption of this Act, be, after the passage of this Act, so amended that Section 8 of said Act be and the same is hereby amended by inserting in the fifth line thereof between the word war and the word leaving, the words or was honorably discharged and by inserting in the sixth line thereof between the word killed and the word who the words or honorably discharged, so that said Section when so amended shall read as follows: Section 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 the

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result of such injury before the close of the war or was honorably discharged, leaving a widow who was his wife when injured or killed or honorably discharged, 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. Pensions of widows of Ex-Confederate soldiers. 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 19, 1912. TAXATION, CERTAIN FARM PRODUCTS EXEMPTED FROM. No. 378. An Act to amend Article 7, Section 2, Paragraph 2 of the Constitution of this State, which relates to the power of the General Assembly to exempt from taxation public property, so that the General Assembly may exempt from taxation certain farm products, 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 Article 7, Section 2, Paragraph 2 of the Constitution of this State be, and the same is, hereby amended by adding to and at the end of said Paragraph the following words: The General Assembly shall, further, have power

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to exempt from taxation, farm products, including baled cotton, grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production. Farm products exempted from taxation when. SEC. 2. Be it further enacted, That if this Constitutional amendment shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall be entered on their Journal, with the ayes and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each Congressional District for two months immediately preceding the next general election, and the same shall be submitted to the people at the next general election, and the voters thereat shall have written or printed on their ticket For ratification of amendment of Article 7, Section 2, Paragraph 2 of the Constitution of this State (for authorizing the General Assembly to exempt from taxation farm products), or Against ratification of amendment of Article 7, Section 2, Paragraph 2 of the Constitution of this State (against authorizing the General Assembly to exempt taxation farm products) as they may choose, and if a majority of the electors qualified to vote for members of the next General Assembly voting shall vote in favor of ratification, then said amendment shall become a part of Article 7, Section 2, Paragraph 2 of the Constitution of this State, and the Governor shall make proclamation thereof. Submission to electors for ratification. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, repealed. Approved August 6, 1912.

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BLECKLEY, COUNTY OF, CREATION. No. 355. An Act to propose to the qualified electors of this State an amendment to Paragraph 2, Section 1, Article 11 of the Constitution of the State of Georgia, as amended by the ratification by the qualified voters of this State of the Act approved July 19, 1904, and by the Act approved July 31st, 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 the following amendment is hereby proposed to Paragraph 2, Section 1, Article 11 of the Constitution of the State of Georgia, as amended by the ratification by the qualified voters of said State of the Act approved July 19th, 1904, and of the Act approved July 31st, 1906, to-wit: By adding to said Paragraph the following language: Provided, however, that, in addition to the counties now provided for by this Constitution there shall be a new county laid out and created from the territory now comprising Pulaski County, to be made up and composed of all that part of the territory of Pulaski County lying north and east of a line extending northwest and southeast across said county, said line beginning at the point on the boundary line of Pulaski and Dodge Counties where land lots Nos. 123 and 148, in the 20th land district of Pulaski County meet, and thence extending from said point in a northwesterly direction along the line dividing said lots 123 and 148; thence continuing in a northwesterly direction along the dividing lines of the following land lots: Nos.

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122 and 149, 121 and 150, in the 20th land district; and Nos. 300 and 301, 299 and 302, 298 and 303, 297 and 304, 296 and 305, 295 and 306, 294 and 307, 293 and 308, 292 and 309, 291 and 310, 290 and 311, 289 and 312, 288 and 313, 287 and 314, 286 and 315, in the 21st land district, and Nos. 354 and 361, and between lots 360 and 355, and between 359 and 356, between 358 and 357 in the 24th land district, to the Ocmulgee River and to the line of Houston County. That the said new county shall be known as the County of Bleckley, and the City of Cochran shall be the county site of the same. Bleckley County, County site. That the said County of Bleckley shall be attached to the same Congressional District, and to the same Judicial Circuit, and to the same State Senatorial District as those to which the County of Pulaski is attached at the date of the ratification of this amendment. That all legal voters residing in the limits of the County of Bleckley, entitled to vote for members of the General Assembly under the laws of Georgia, shall, on the first Wednesday in January following the ratification of this proposed amendment, elect an Ordinary, a Clerk of the Superior Court, a Sheriff, a Coroner, a Tax Collector, a Tax Receiver, a County Surveyor, and a County Treasurer, and one Commissioner of Roads and Revenues for said new county, and said election shall be held at Cochran. County officers, election of. That the Superior Courts of said Bleckley County shall be held on the second Monday in January and the first Monday in July, of each year. That the Congressional and Senatorial Districts, the Judicial Circuit to which said county is attached, the time of holding the terms of the Superior Court, and the

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limits of the county, shall be as designated above until changed by law. Provided, that the laws applicable to the organization of new counties as found in Sections 829 to 848 inclusive, of the Code of 1911, are hereby made applicable to said County of Bleckley, whenever the same may be created by the proposed amendment to the Constitution, and that said county when created, shall become a statutory county and shall be at all times subject to all laws applicable to all other counties in this State. SEC. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause the above proposed amendment to be published in at least two newspapers in each Congressional District in this State, for the period of two months next preceding the time of holding the next general election and the Governor is further authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after said publication, 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 said proposed amendment shall have written or printed on their ballots the words For amendment to the Constitution creating the County of Bleckley; and all persons opposed to the adoption of said proposed amendment shall have written or printed on their ballots the words Against

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the amendment to the Constitution creating the County of Bleckley. Submission to electors for ratification. If a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification of said proposed amendment, then the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the manner as in cases of elections for members of the General Assembly to count and ascertain the result, issue his proclamation for one insertion in one daily paper of the State announcing such result and declaring the amendment ratified. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 30, 1912. WHEELER, COUNTY OF, CREATION. No. 449. An Act to propose to the qualified electors of this State an amendment to Paragraph 2 of Section 1 of Article 11 of the Constitution of this State as amended by the ratification by the qualified voters of this State of the Act approved July 19, 1904, and as further amended by the ratification of the qualified voters of this State of the Act approved July 31st, 1906, 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 following amendment is hereby proposed to Paragraph 2, Section 1, Article 11 of the Constitution of this State as amended by the ratification by the qualified voters of this State of the Act approved July 19th, 1904, and as further amended by the ratification by the qualified voters of the State of the Act approved July 31st, 1906, to-wit: by adding to said paragraph the following language: Provided, however, that in addition to the counties now provided for by this Constitution there shall be a new county laid out from the County of Montgomery, and bounded as follows: Commencing at a point on the western bank of the Oconee River where the Laurens County line intersects with said river, thence down the western bank of the said river to the mouth of the said river; thence up the northern bank of the Ocmulgee River to the mouth of the Little Ocmulgee River, thence up the said Little Ocmulgee River to the line of Dodge County, thence east along said line of Dodge County and Laurens County to the western bank of the Oconee River to the starting point. Boundaries. That said new county, the boundaries of which are described herein, shall be called and known by the name of Wheeler, and shall be attached to and become a part of the Twelfth Congressional District, the Fifteenth State Senatorial District and the Oconee Judicial Circuit, and the county site of the said new county shall be the town of Alamo. That all legal voters residing in the limits as herein described of said proposed new county of Wheeler entitled to vote for members of the General Assembly under the laws of Georgia, shall, on the first Tuesday in January, 1913, elect an Ordinary, a Clerk of Superior Court,

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a Sheriff, a Coroner, a Tax Collector, a Tax Receiver, a County Surveyor, a County Treasurer and three Commissioners of Roads and Revenues for said county, said election to be held at town of Alamo, the county site of said new county. That the Superior Courts of said county shall be held on the first Mondays in March and on the first Mondays in September of each year. The limits of the said county, the Congressional and Senatorial Districts, and the Judicial Circuit to which it is attached, and the time of holding the terms of the Superior Courts, shall be as designated above until changed by law; provided, that the laws applicable to the organization of new counties as found in Section 829 to 848 inclusive, of the Code of 1911, are hereby made applicable to said county of Wheeler whenever the same may be created by the proposed amendment to the Constitution, and that said county when created, shall become a statutory county and shall be at all times subject to all laws applicable to all other counties in this State. Wheeler County. County site. County officers, election of. SEC. 2. Be it further enacted, That when this proposed amendment shall be agreed to by two-thirds of the members elected to each of the two houses composing the Legislature of the State of Georgia, such proposed amendment shall be entered on the Journal of each house with the yeas and nays thereon; and the Governor is hereby directed to cause the said proposed amendment to be published in one or more newspapers in each Congressional District, at least two months before the time of holding the next general election to be held on Tuesday after the first Monday in November of the year 1912; and he shall also provide for a submission of the proposed amendment at said general election. And, if the people shall ratify such amendment by a majority of the electors qualified to vote for members

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of the General Assembly, voting thereon, such amendment shall become a part of the Constitution of Georgia. Submission to electors for ratification. SEC. 3. Be it further enacted, That it shall become the duty of the Governor to submit such amendment to the people at said election in the following form: That those voting in favor of said proposed amendment shall have written or printed on their tickets, In favor of the ratification of the amendment to the Constitution creating the County of Wheeler, with the town of Alamo as the county site. And those opposed to the ratification of said amendment shall have written or printed on their tickets, Opposed to the ratification of the amendment to the Constitution creating the County of Wheeler with the town of Alamo as the county site, which votes cast at said election shall be consolidated as now required by law in elections for members of the General Assembly, and returns thereof made to the Governor: and, if a majority of the electors qualified to vote for members of the General Assembly shall vote in favor of the ratification of the amendment to the Constitution creating the County of Wheeler, with the town of Alamo as the county site, the Governor shall declare said amendment adopted and make proclamation of the result of said election in the manner provided by law. Form of submission. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1912.

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TITLE III. CODE AMENDMENTSCODE OF 1910. ACTS. Volume 1, Section 317, State Librarian Second Assistant to, Compensation. Volume 1, Section 972, Tax on Dogs, Act Amending. Volume 1, Section 1249, Folkston, State Depository in. Volume 1, Section 1249, Lincolnton, State Depository in. Volume 1, Section 1249, Macon, State Depository in. Volume 1, Section 1249, Sylvester, State Depository in. Volume 1, Section 1249, Temple, State Depository in. Volume 1, Section 1656, State Board of Health, Members of. Volume 1, Section 1780, Fertilizer Inspectors, Duties, Number, Compensation. Volume 1, Section 1795, Commissioner of Agriculture, Duty of as to Inspection fees. Volume 1, Section 1800, Commissioner of Agriculture, Oil Inspectors Appointment of. Volume 1, Section 2167, Notaries Public, Commercial, Females May Hold Office of. Volume 1, Section 2267, Banks, Directors of, Maximum Number. Volume 1, Section 2408, Insurance Companies, Investments by. Volume 1, Section 2798, Venue in Suits Against Electric Companies. Volume 1, Section 3824, Processioners and County Surveyors, Compensation of. Volume 1, Section 4203, Deeds Execution of Outside of the United States. Volume 1, Section 5989, Reporters, Stenographic, Compensation. Volume 1, Section 6004, Constables, Compensation of. Volume 2, Section 414, Sunday Trains, Running of. Volume 2, Section 414, Sabbath, Running of Trains on. Volume 2, Section 442, Drunkenness in Public Places. Volume 2, Section 1434, Riots, Governors Duty as to Calling Out Militia. Volume 2, Section 1435, Militia, Calling out by Sheriffs or other Officers. Volume 2, Section 1485, Pension of Blind Confederate Soldiers Increased. STATE LIBRARIAN, SECOND ASSISTANT TO, COMPENSATION. No. 560. An Act to amend an Act approved August 14, 1909, entitled An Act to provide for the employment of a second assistant to the State Librarian, and to provide for

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the compensation of such assistant, so as to strike out the words seven hundred and fifty in the fourth and fifth lines of the printed Act and insert, in lieu thereof, the words one thousand, 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 1 of the Act approved August 14, 1909, providing for the employment and compensation of a second assistant to the State Librarian, be, and the same is, hereby amended by striking out the words seven hundred and fifty in the fourth and fifth lines of said Section and inserting, in lieu thereof, the words one thousand, so that said Section when amended shall read as follows: Section 1. Be it enacted by the General Assembly, That the Librarian be authorized to employ a second assistant librarian, and the compensation of said second assistant shall be at the rate of one thousand dollars per annum, to be paid quarterly, as other salaries are paid. Compensation of second assistant to State Librarian. 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 19, 1912. TAX ON DOGS, ACT AMENDING. No. 471. An Act to amend Section 972 of the Code of 1910, Volume 1, regulating the tax on dogs, 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 Section 972 of the Code of 1910, Volume 1, be and the same is, hereby amended by striking out all the first line of said Section except the first word dogs and the last word such, and inserting in lieu thereof the following: All dogs are hereby made personal property, and shall be given in and taxed as other property of this State is given in and taxed, and by striking out all of said Section after and including the word provided, so that when said Section is thus amended it shall read as follows: Section 972. Dogs. All dogs are hereby made personal property and shall be given in and taxed as other property of this State is given in and taxed. Such tax to be enforced by levy and sale as other taxes are collected, and not to interfere with the imposition and collection of any municipal taxes on dogs, whether such dog or dogs be owned by the tax payer, his wife or minor children. Dogs made personal property. Returned for taxes as other property. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1912. FOLKSTON, STATE DEPOSITORY IN. No. 370. An Act to amend Section 1249 of the Political Code of 1910, providing for the selection by the Governor of banks in

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certain cities and towns therein named as State Depositories, so as to add the town of Folkston, in the County of Charlton and State of Georgia, to the list of such cities and towns. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 1249 of the Political Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories be, and the same is, hereby amended so as to add the town of Folkston, in the County of Charlton, and State of Georgia, to the list of duly authorized cities and towns. State depository in Folkston. 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, 1912. LINCOLNTON, STATE DEPOSITORY IN. No. 397. An Act to amend Section 1249 of the Civil Code, 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 Lincolnton, in the County of Lincoln, to the list of said 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 same, That

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Section 1249 of the Civil Code, providing for the selection by the Governor of banks in certain cities and towns, therein named, as State Depositories, and the several Acts amendatory thereof be, and the same is, hereby amended so as to add the town of Lincolnton, in the County of Lincoln, to the list of said cities and towns. State depository in Lincolnton. 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 7, 1912. MACON, STATE DEPOSITORY IN. No. 463. An Act to authorize the Governor to appoint a third State Depository in the City of Macon, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That whenever the Governor from the excess in the State Depositories heretofore existing in the City of Macon, or from the amount of cash on hand in the Treasury, may deem it to the best interests of the State, he is hereby authorized to appoint in said city a solvent chartered bank of good standing and credit as a State Depository, so as to make three State Depositories in said city. The said bank so appointed to be subject to the terms and conditions of Sections 1249 to 1262, both inclusive, of the Code of 1910, and the Acts amendatory thereof. State depository in Macon.

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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 17, 1912. SYLVESTER, STATE DEPOSITORY IN. No. 405. An Act to amend Section 1249 of the Political Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, so as to add the city of Sylvester, in the County of Worth, and State of Georgia, to the list of said cities and towns. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 1249 of the Political Code of 1910, providing for the selection by the Governor of banks in certain cities and towns, therein named, as State Depositories be, and the same is, hereby amended so as to add the city of Sylvester, in the County of Worth, and State of Georgia, to the list of duly authorized cities and towns. State depository in Sylvester. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1912.

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TEMPLE, STATE DEPOSITORY IN. No. 364. An Act to amend Section 1249 of Volume 1 of the Code of Georgia of 1910, 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 town of Temple, in Carroll County, State of Georgia, to the lists of such cities and towns, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts of the General Assembly amendatory thereof be, and they are, hereby amended so as to add the town of Temple, in Carroll County, to the list of such cities and towns. State depository in Temple. 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 1, 1912. STATE BOARD OF HEALTH, MEMBERS OF. No. 493. An Act to amend Section 1656 of the Code of Georgia of 1910 so as to provide the number of members of State Board of Health, and for other purposes.

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SECTION 1. Be it enacted, That from and after the passage of this Act, Section 1656 of the Code of 1910 of Georgia, be amended by striking the word twelve in the third line thereof, and inserting in lieu thereof the word thirteen, and by striking the word eleven in the fifth line thereof and inserting in lieu thereof the word twelve, so that said Section when amended shall read as follows: Section 1656. State Board of Health Created. A Board to be known as the State Board of Health is established and made one of the public institutions of the State. Said Board shall consist of thirteen members, one of whom the Secretary shall be a member by virtue of his office, and twelve shall be appointed by the Governor, one from each Congressional District, and a majority of whom shall be physicians. State Board of Health, number of members. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 16, 1912. FERTILIZER INSPECTORS, DUTIES, NUMBER AND COMPENSATION. No. 568. An Act to amend Section 1780, Volume 1 of the Code of 1910, in reference to Fertilizer Inspectors, their duties and compensation, by striking therefrom certain words and inserting other words in lieu thereof, so as to limit the number of such Inspectors, to provide for the appointment

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of not exceeding six general Inspectors, and to fix their duties and compensation, and to authorize the appointment of additional Inspectors during the busy season when actually needed, not exceeding forty during any one year, and to limit and fix their term of service, to prescribe their duties and fix their compensation, to provide that all Inspectors may be paid actual traveling expenses incurred while absent from home in the service of the State, and to provide that all Inspectors shall devote their entire time to the service of the State during the period of their employment, and to provide for the discharge of Inspectors for incompetence, neglect of duty, or malfeasance in office, 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 1780, Volume 1 of the Code of 1910 in reference to fertilizer inspectors, their duties and compensation, be, and the same is, hereby amended by striking therefrom all the words appearing therein after the word appoint in the second line thereof, and inserting in lieu thereof the following words, to-wit: not exceeding six general Inspectors, who shall be known as State Inspectors, and who may be sent from point to point for the purpose of making inspections, or may be located in the main centers of the State, in the discretion of the Commissioner, such Inspectors being subject at all times to his direction. These inspectors shall receive a salary of twelve hundred dollars per year. It shall be their duty to inspect all fertilizers, acid phosphates, chemicals, cotton seed meal or other fertilizing material that may be found at any point within the limits of the State, and shall see that all fertilizers and fertilizer

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materials are properly tagged. In addition to these duties such Inspectors shall inspect weights and measures, food and feed, and oils when directed to do so, and perform such other duties as may be assigned them by the Commissioner of Agriculture. The Commissioner shall also have authority to employ such additional inspectors, during the busy season, not to exceed forty in number, in any one year, as in his judgment may be necessary. These additional inspectors shall only be employed when actually needed, the term of such service not to exceed four months during any one year. They shall inspect fertilizers, acid phosphates, chemicals, cotton seed meal, and other fertilizer material wherever found within the limits of the State, and see that all fertilizers and fertilizer materials are properly tagged, and perform such other duties as may be assigned them by the Commissioner, and go to any point when so directed by him. The greatest compensation that these short term inspectors shall receive shall be at the rate of eighty-three and one-third dollars per month. In addition to his salary, any general or short term inspector may be paid actual transportation expenses and hotel bill incurred by him when absent from his home on duty for the State, the hotel bill not to exceed two and one-half dollars per day. All Inspectors mentioned in this Section shall be required to devote their entire time to the service of the State during the period of their employment. Each Inspector shall be commissioned for a term of two years, subject to the right of the Commissioner of Agriculture at any time to limit and designate the number of months any short term Inspector shall be employed within the period named in the commission, the Commissioner also having the right to discharge any Inspector for incompetence, neglect of duty or

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malfeasance in office, so that said Section when so amended shall read as follows: Inspectors, their duties and compensation. The Commissioner of Agriculture shall appoint not exceeding six general Inspectors, who shall be known as State Inspectors, and who may be sent from point to point, or may be located in the main centers of the State, in the discretion of the Commissioner, such Inspectors being subject at all times to his direction. These Inspectors shall receive a salary of twelve hundred dollars per year. It shall be their duty to inspect all fertilizers, acid phosphates, chemicals, cotton seed meal or other fertilizing material that may be found at any point within the limits of the State, and shall see that all fertilizers and fertilizer materials are properly tagged. In addition to these duties such Inspectors shall inspect weights and measures, food and feed, and oils when directed to do so, and perform such other duties as may be assigned them by the Commissioner of Agriculture. The Commissioner shall also have authority to employ such additional inspectors during the busy season, not to exceed forty in one year, as in his judgment may be necessary. These additional inspectors shall only be employed when actually needed, the term of service not to exceed four months during any one year. They shall inspect fertilizers, acid phosphates, chemicals, cotton seed meal and other fertilizer material wherever found within the limits of the State, and see that all fertilizers and fertilizer materials are properly tagged, and perform such other duties as may be assigned them by the Commissioner, and go to any point when so directed by him. The greatest compensation that these short term inspectors shall receive shall be at the rate of eighty-three and one-third dollars per month. In addition to his salary any general or short term Inspector may be

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paid actual transportation expenses and hotel bill incurred by him when absent from his home on duty for the State, the hotel bill not to exceed two and one-half dollars per day. All Inspectors mentioned in this Section shall be required to devote their entire time to the service of the State during the period of their employment. Each Inspector shall be commissioned for a term of two years subject to the right of the Commissioner of Agriculture at any time to limit and designate the number of months any short term Inspector shall be employed within the period named in the commission, the Commissioner also having the right to discharge any Inspector for incompetence, neglect of duty, or malfeasance in office. State Inspectors. Compensation. Duties. Additional inspectors, when employed. Duties. Compensation. Term of commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. COMMISSIONER OF AGRICULTURE, DUTY OF AS TO INSPECTION FEES. No. 635. An Act to amend Section 1795, Volume 1 of the Code of 1910, prescribing the duty of the Commissioner of Agriculture as to the collection and disposition of money received from the inspection of fertilizers by striking therefrom the words after paying out of said sum, appearing in the fourth line of said Section, and by inserting in lieu thereof the words, from day to day, as

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received, and the Commissioner of Agriculture shall draw warrants on the Treasurer against said funds, from time to time, for; and amend said Section also by adding at the end thereof the following words: the Treasurer shall honor all warrants drawn by the Commissioner of Agriculture for the salaries and expenses above mentioned, and charge same against the funds derived from the inspection of fertilizers and sale of tags a sufficient sum not to exceed the total amount received from the sale of fertilizer tags, is hereby appropriated for the purpose of paying the salaries and expenses herein mentioned, and all warrants drawn by the Governor for the payment of moneys due the several District Agricultural and Industrial Schools as provided by law, so that said funds shall be handled and paid out through the State Treasury here after, 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 1795 of Volume 1 of the Code of 1910 prescribing the duty of the Commissioner of Agriculture as to the collection and disposition of money received frm the inspection of fertilizers be, and is hereby amended by striking therefrom the words after paying out of said sum, appearing in the fourth line of said Section, and by inserting in lieu thereof the following words: from day to day, as received, and the Commissioner of Agriculture shall draw warrants on the Treasurer against said funds from time to time for, and also by adding at the end of said Section the following words: The Treasurer shall honor all warrants drawn by the Commissioner of Agriculture for the salaries and expenses above mentioned, and all warrants drawn by the Governor for the payment of moneys due the

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several District Agricultural and Industrial Schools as provided by law and charge the same against the funds derived from the inspection of fertilizers and sale of tags. A sufficient sum, not to exceed the total amount received from the inspection of fertilizers and the sale of tags, is hereby appropriated annually for the purpose of paying the salaries and expenses herein mentioned and the amounts due the several District Agricultural Schools as provided by law, so that said Section, as amended, shall read as follows: Section 1795. Commissioner's Duty as to Collections. It shall be the duty of the Commissioner of Agriculture to keep a correct account of the money received from the inspection of fertilizers and to pay same into the Treasury from day to day as received, and the Commissioner of Agriculture shall draw warrants on the treasury against said funds from time to time for the expenses and salaries of inspectors and for tags and bottles used in making such inspection, and materials used in recording same, and for postage in sending out bulletins pertaining to fertilizers; Inspection fees paid into the Treasury daily. Expenses, how paid. Provided, this expense of said materials for making inspections and records of said inspections, and for postage in sending out bulletins of said fertilizers shall not exceed the sum of five hundred dollars per annum. The Treasurer shall honor all warrants drawn by the Commissioner of Agriculture for salaries and expenses above mentioned, and all warrants drawn by the Governor for the payment of moneys due the several district Agricultural and Industrial Schools as provided by law, and charge the same against the funds derived from the inspection of fertilizers and sale of tags.

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A sufficient sum not to exceed the total amount received from the inspection of fertilizers and sale of tags is hereby appropriated annually for the purpose of paying the salaries and expenses herein mentioned and the amounts due the several District Agricultural Schools as provided by law. Annual appropriation. 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 19, 1912. COMMISSIONER OF AGRICULTURE, OIL INSPECTORS, APPOINTMENT OF. No. 550. An Act to amend Section 1800 of the Code of Georgia, by striking out all of said Section after the word appoint in the third line thereof, and inserting in lieu thereof the following words: Ten Inspectors of oil; provided, this Act shall not be construed to repeal Section 1805 of the Code of Georgia, which gives the Commissioner of Agriculture discretion to appoint additional Inspectors. Inspectors of oil shall remit to the Treasurer each month, at the time of making their monthly statements, all fees received by them, except that they may retain as compensation for their services the sum of ten dollars per car for oil inspected, and for small barrel lots inspected, they shall receive all fees received until same exceeds ten dollars per month, and one-half of said fees

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received for inspection small barrel lots less than car loads thereafter, during the same month, the total amount of compensation received for inspecting oils and gasoline and all other services of every character not to exceed one hundred dollars per month. Each Inspector shall keep a record of the amounts of oils inspected with the name of the person, corporation or firm, for whom said inspection is made, and also all money received for said inspection; and he shall forward monthly reports on the first day of each month to the Commissioner of Agriculture, and he shall at the same time forward to the Treasurer of the State all the moneys received by him as fees during that time, except what he is entitled to retain as his compensation. Said reports shall give the name of the Inspector or deputy, who inspected each lot of oil. Also to repeal all the provisions of Section 1803, Volume 1 of the Code of Georgia, 1910, prescribing the compensation of inspectors of oils, conflicting with this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 1800 of the Code of Georgia of 1910 be, and the same is, hereby amended by striking out all of said Section after the word appoint in the third line thereof, and inserting in lieu thereof the following words: ten Inspectors of oils; provided, this Act shall not be construed to repeal Section 1805 of the Code of Georgia, which gives the Commissioner of Agriculture discretion to appoint additional Inspectors. Inspectors of oils shall remit to the Treasurer each month, at the time of making their monthly statements, all fees received by them, except that they may retain as compensation for their services the sum of ten dollars per car for oil inspected, and for small barrel lots

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inspected, they shall receive all fees received until same exceeds ten dollars per month, and one-half of said fees received for inspecting small barrel lots less than car loads, thereafter, during the same month, the total amount of compensation received for inspecting oils and gasoline and all other services of every character, not to exceed one hundred dollars per month. Each Inspector shall keep a record of the amounts of oils inspected with the name of the person, corporation or firm for whom said inspection is made, and also all money received for said inspection, and he shall forward monthly reports on the first day of each month to the Commissioner of Agriculture, and he shall at the same time forward to the Treasurer of the State the moneys received by him as fees during that time, except what he is entitled to retain as his compensation. Said reports shall give the name of the Inspector or Deputy who inspected each lot of oil. Inspectors of oil. Number. Fees, when Remitted. Compensation. Record of inspections. Reports. SEC. 2. Be it further enacted by the authority aforesaid, That the provisions of Section 1803 of the Code of Georgia, 1910, prescribing the compensation of Inspectors of oils, conflicting with this Act be, and the same are, hereby repealed. Repealing section. 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 19, 1912.

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NOTARIES PUBLIC, COMMERCIAL, FEMALES MAY HOLD OFFICE OF. No. 557. An Act to amend Section 2167 of the Civil Code of 1910, to enable females to hold the office of Commercial Notaries Public. 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 2167 of the Civil Code of 1910 be, and the same is, hereby amended by adding between the word of and the word assistant in the tenth line of said Section, the following words, to-wit: a Commercial Notary Public, and also to the office of; so that said Section, when amended, shall read as follows: Females are not entitled to the privilege of the elective franchise, nor can they hold any civil office, or perform any civil functions, unless specially authorized by law, nor are they required to discharge any military, jury, police, patrol, or road duty; provided, nothing contained herein shall prevent a woman, a resident of the State four years, and who has attained the age of twenty-one years, from being eligible to the position or office of State Librarian by appointment by the Governor, under the provisions of force regulating appointment by the Governor. A woman is eligible to the office of Commercial Notary Public, and also to the office of assistant physician at the Georgia State Sanitarium; and females, resident of the county for four years preceding, may be appointed to hold any office in the Children's Court; provided, that any female

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Commercial Notary Public shall be subject to the process of subp[oelig]na. Females may hold office of Commercial Notary Public. Subject to subpoena. SEC. 2. Be it further enacted, That from and after the passage of this Act, all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. BANKS, DIRECTORS OF, MAXIMUM NUMBER. No. 558. An Act to amend Section 2267 of the Civil Code of 1910, by providing that the maximum number of directors of banks organized in this State may be twenty-five, instead of fifteen. 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 2267 of the Civil Code of 1910 be, and the same is hereby amended, by striking the word fifteen in the third line of said Section, and substituting therefor the word twenty-five, so that said Section, when amended, will read as follows: Section 2267. Powers of Directors. The business of the corporation shall be under the management and control of a Board of Directors, to consist of not less than three nor more than twenty-five members of the corporation, who must be owners and holders of one or more shares of the capital stock in good faith. The Board of Directors shall exercise only such powers as may be legally delegated to them by the stockholders, or by

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the by-laws adopted by the stockholders. The Board of Directors shall be elected by the stockholders at such time and place and for such term as may be appointed by the by-laws. Maximum number of bank directors twenty-five. 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 19, 1912. INSURANCE COMPANIES, INVESTMENTS BY. No. 489. An Act to amend Section 2408, Volume 1 of the Code of 1910, which provides for investments by insurance companies of their money or assets, by inserting after the word purposes, in the tenth line of said Section, the following: And may also sell, assign, transfer and convey, either with or without warranty, or either with or without recourse upon it, as it may prefer, any real estate, personal property, bond, note, mortgage, deed of trust, deed to secure debt, or other form of property or security, in which it may have invested its money or assets, or made loans on, as allowed by law, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 2408, Volume 1 of the Code of 1910, be, and the same is, hereby amended by adding after the

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word purposes, in the tenth line of said Section, the following words: And may also sell, assign, transfer and convey, either with or without warranty, or either with or without recourse upon it, as it may prefer, any real estate, personal property, bond, note, mortgage, deed of trust, deed to secure debt, or other form of property or security, in which it may have invested its money or assets, or made loans on, as allowed by law. So that said Section, when amended, shall read as follows: 2408. (2026). Investments by insurance companies. Every insurance company organized under and doing business by virtue of the laws of this State, shall have authority to invest its money or assets in and make loans on bonds of the United States, or of any State, county, or city therein; first lien on improved real estate in any of the States of the United States, not exceeding 50 per centum of the value of such property; promissory notes amply secured by pledge of securities in which such companies are authorized to invest their funds; loans on their own policies, not exceeding the reserve thereon; and invest in buildings for home office purposes; and may also sell, assign, transfer and convey, either with or without warranty, or either with or without recourse upon it, as it may prefer, any real estate, personal property, bond, note, mortgage, deed of trust, deed to secure debt, or other form of property or security, in which it may have invested its money or assets, or made loans on as allowed by law. Provided, however, that nothing herein contained shall authorize any such company to invest in any other than this State more than the legal reserve value of policies, held in such other States, respectively. Provided, further, that all such investments shall first be approved by the Insurance Commissioner of Georgia, except in case

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of loans on policies of the company not exceeding the reserve of the policy at the time of the loan. Investments by insurance companies. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. VENUE IN SUITS AGAINST ELECTRIC COMPANIES. No. 482. An Act to so amend Civil Code Section 2798, which fixes the venue of suits against railroad companies, as to fix the same venue for suits against electric companies; to define the words electric companies as used in this Act; to prescribe what electric companies shall be embraced within the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 2798 of the Civil Code be amended by inserting after the word railroad, in the second line thereof, the words and electric; and by inserting after the word railroad, in the fourth line thereof, the words or electric; and by inserting after the word railroad, in the ninth line thereof, the words or electric; and by inserting after the word railroad in the eleventh line thereof, the words or electric; and by inserting

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after the word State in the sixteenth line thereof, the words or whenever any railroad or electric company incorporated under the laws of this State shall have in violation of the provisions of Paragraph 4 of Section 2 of Article four of the Constitution of this State acquired, by purchase, lease or otherwise, the ownership or control of the generating plant or transmission line of a competing electric company in this State; and by inserting after the word railroad, in the seventeenth line thereof, the words or electric; and by inserting after the word railroad, in the nineteenth line thereof, the words or in any county through which may run the transmission line of such electric company, or in which may be located the generating plant of such electric company. SEC. 2. Be it further enacted by the authority aforesaid, That said Code Section be further amended by adding thereto the following: The words `electric companies' as used herein shall embrace and include both all joint stock companies and also all corporations engaged in the business of either generating or transmitting electricity for light, heat, power or other commercial purposes. The following electric companies shall be embraced within the provisions of this Code Section, to-wit: First electric companies owning a generating plant in one county and having its situs or principal office either in some other county of this State, or beyond the limits of this State; second, an electric company operating a generating plant, whether under lease or otherwise, in one county and having its situs or principal office either in some other county of this State or beyond the limits of this State; third, an electric company owning a transmission line located in one county and having its situs or principal office in some other county of this State, or beyond the limits of this State; fourth, an electric company

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operating, whether under lease or otherwise, a transmission line located in one county and having its situs or principal office in some other county of this State, or beyond the limits of this State; fifth, an electric company owning a transmission line located in or extending through more than one county; sixth, an electric company operating, whether under lease or otherwise, a transmission line located in or extending through more than one county. SEC. 3. Be it further enacted, That said Code Section be further amended by inserting after the words But if the cause of action arises in a county where the railroad or electric company liable to suit has no agent, the following words: then service may be perfected by the issuance of a second original, copy to be served upon said company in the county of its principal office and place of business, if in this State, and if not, then on any agent of said company, or SEC. 4. Be it further enacted by the authority aforesaid, that said Section, when amended, shall read as follows: 2798. (2334). Roads must be sued where action originates. All railroad and electric companies shall be sued in the county in which the cause of action originated by any one whose person or property has been injured by such railroad or electric company, its officers or agents or employees for the purpose of recovering damages for such injuries; and also on all contracts made or to be performed in the county where suit is brought; any judgment rendered in any other county than the one in which the cause so originated shall be utterly void. But if the cause of action arises in a county where the railroads or electric company

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liable to suit has no agent, then service may be perfected by the issuance of a second original, copy to be served upon said company in the county of its principal office and place of business, if in this State, and if not, then on any agent of such company, or then suit may be brought in the county of the residence of such company. Whenever any railroad or electric company incorporated under the laws of this State shall have in violation of the provisions of Paragraph 4, of Section 2, of Article 4, of the Constitution of this State, acquired by purchase, lease or otherwise the ownership or control of the line of railroad of a competing railroad company in this State, or whenever any railroad or electric company incorporated under the laws of this State shall have, in violation of the provisions of Paragraph 4 of Section 2 of Article 4 of the Constitution of this State, acquired by purchase, lease or otherwise, the ownership or control of the generating plant or transmission line of a competing electric company in this State, the venue of a suit brought against said first described railroad or electric company for the purpose of setting aside and having annulled such unlawful act of acquisition shall be in any county through which may run the line of railroad, or in any county through which may run the transmission line of such electric company or in which may be located the generating plant of such electric company so unlawfully acquired. The words electric company as used herein shall embrace and include both all joint stock companies and also all corporations engaged in the business of either generating or transmitting electricity for light, heat, power or other commercial purposes. The following electric companies shall be embraced within the provisions of this Code Section, to-wit: First, electric companies owning a generating plant in one county and having its situs or principal office either in some other county of this State, or beyond the limits of

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this State; second, an electric company operating a generating plant, whether under lease or otherwise, in one county and having its situs or principal office either in some other county of this State or beyond the limits of this State; third, an electric company owning a transmission line located in one county and having its situs or principal office in some other county of this State or beyond the limits of this State; fourth, an electric company operating, whether under lease or otherwise, a transmission line located in one county and having its situs or principal office in some other county of this State or beyond the limits of this State; fifth, an electric company owning a transmission line located in, or extending through, more than one county; sixth, an electric company operating, whether under lease or otherwise, a transmission line located in or extending through more than one county. Venue of suits against railroad and electric companies. Definition of the words electric companies. What electric companies embraced. SEC. 5. 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 17, 1912. PROCESSIONERS AND COUNTY SURVEYORS, COMPENSATION OF. No. 610. An Act to amend Section 3824 of the Code of Georgia of 1910 regulating and fixing the fees of land processioner and a County Surveyor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of

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Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act Section 3824 of the Code of Georgia of 1910 be, and is, hereby amended by striking the words one dollar ($1.00) in the second line thereof and inserting in lieu thereof the words two dollars ($2.00), and by striking the word two from the third line thereof and inserting in lieu thereof the word five, so that Section when so amended shall read as follows: Section 3824. Fees. The applicant shall pay to each of the processioners two dollars per day for his services, and to the County Surveyor five dollars per day for his services. If a protest is filed, the costs of the Court shall abide the issue. Compensation of processioners and surveyors. 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 19, 1912. DEEDS, EXECUTION OF, OUTSIDE THE UNITED STATES. No. 559. An Act to amend Paragraph 4203 of the Code of Georgia of 1910, by inserting the words or country three times in said Section, touching the execution of deeds outside of the United States. SECTION 1. Be it enacted by the General Assembly of

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Georgia, That Paragraph 4203 of the Code of Georgia of 1910 be, and the same is, hereby amended by inserting the words or county three times in said Section, touching the execution of deeds outside of the United States, so that said Section, when amended, shall read as follows: To authorize the record of a deed to realty or personalty, when executed out of this State, the deed must be attested by or acknowledged before a commissioner of deeds for the State of Georgia, or a consul or vice-consul of the United States (the certificate of these officers under their seal being evidence of the fact), or by a judge of a court of record in the State or county where executed, with a certificate of the clerk under the seal of such court of the genuineness of the signature of such judge, or by a clerk of a court of record under the seal of the court, or by a notary public of the State and county, or country, where executed, with his seal of office attached, and if such notary has no seal, then his official character shall be certified by a clerk of any court of record in the county or country of the residence of such notary. A deed to realty must be attested to by two witnesses, one of whom may be one of the officials aforesaid. Deed executed out of this State, how attested SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be hereby repealed. Approved August 19, 1912. REPORTERS, STENOGRAPHIC, COMPENSATION. No. 319. An Act to amend Section 5989, Volume 1, of the Code adopted August 15, 1910, providing for the compensation

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of stenographic reporters in counties having cities of certain inhabitants, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 5989, Volume 1, of the Code of Georgia, adopted August 15, 1910, be, and the same is, hereby amended by striking the words one hundred and fifty dollars per month from the fifth and sixth lines of said Section, and inserting in lieu thereof the words twenty-five hundred dollars per annum, to be paid monthly, and by adding the words and transcribing after the words reporting and before the word of in the eleventh line of said Section, so that said Section, when amended, shall read as follows: In all counties in this State having cities with a population of not less than 23,000 nor more than 39,000 inhabitants according to the United States census of 1900, the compensation of the stenographic reporter of the judicial circuit in which said cities are situated shall be the sum of twenty-five hundred dollars per annum, to be paid monthly, such compensation to be in full for all services of any kind properly chargeable to, and to be paid out of, the treasury of the counties in which said cities are located, as other Court expenses are paid. Compensation of stenographic reporter in certain counties. In all such counties the stenographic reporter shall turn over quarterly to the county treasurer of said counties all moneys collected by him for the reporting and transcribing of all civil cases in said Superior Court. Where a defendant is sentenced as for a felony, it shall be the duty of said stenographic reporter to file with the Clerk of the

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Superior Court of said county in a brief of the testimony had in said case without further compensation. Fees, disposition of. Felony cases. SEC. 2. That all laws, and parts of laws, in conflict with this Act be, and the same are, hereby repealed. Approved July 24, 1912. CONSTABLES, COMPENSATION OF. No. 609. An Act to amend section 6004 of Volume 1 of the Code of 1910, by increasing the compensation of a constable for keeping stock, 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 6004 of Volume 1 of the Code of Georgia of 1910 be, and the same is, hereby amended by striking out the figures 25 in the sixteenth line and inserting in lieu thereof the figures 50; and by striking the figures 05 in the seventeenth line and inserting in lieu thereof the figures 15; and by striking out the figures 04 in the eighteenth line and inserting in lieu thereof the figures 05; and by striking the figures 35 in the third line and inserting in lieu thereof the figures 50; further amend said third line by striking the word summons, so that said Sction, when so amended, shall read as follows: Section 6004 (5404). The fees of Constables shall be as

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follows: For serving a warrant or attachment, 50 cents; for serving each additional copy, 30 cents; for copying and serving each original summons, 35 cents; for summoning each witness, 30 cents; for attending court, for each judgement rendered by a Justice of the Peace or notary public, 35 cents; for attending each trial on a day different from regular court day, 35 cents; for levying fi. fa. and advertising, 35 cents; for settlement of fi. fa. when property is not sold, 30 cents; for return of nulla bona, 30 cents; for summoning jury on inquest, $1.00; for collecting execution issued by Coroner, 75 cents; for keeping a horse, mule, ass, or ox, per day, 50 cents; for each head of meat cattle, per day, 15 cents; for each head of sheep, goats, hogs, per day 5 cents; for all sales made by him, amount on sales, 6 cents; for attending grand jury, per day, $1.00; for serving warrant in criminal cases, $1.25; for keeping and maintaining prisoner before examination, not exceeding twenty-four hours, 75 cents; for serving rule to establish lost papers, 35 cents; for every additional copy, 30 cents; for following property with attachments out of county, going and returning, per mile, 5 cents; for levying each distress warrant, 50 cents; for taking bond in civil cases, 50 cents; for taking bond in criminal cases, $1.00; for executing search warrant, 75 cents; for serving garnishee, 35 cents; for each additional copy, 25 cents; for summoning jury, 50 cents; for attending trial on appeal, 30 cents; for executing warrants against intruders or tenants holding over, $1.25. Fees of constables. 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 19, 1912.

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SUNDAY TRAINS, RUNNING OF. No. 505. An Act to amend Section 414 of the Penal Code of this State so as to permit the running of special ice trains on Sunday, and to authorize the switching of empty cars to ice plants for loading purposes, and the switching of cars loaded with ice to railway yards on Sunday, 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 sub-Section 3 of Section 414 of the Penal Code of this State be amended by inserting between the word vegetable and the word train in the first line of said sub-Section, the words or ice; and further by inserting between the word meats and the word live in the third line of said sub-Section the word ice, so that said sub-Section 3 when amended shall read as follows: 3. Special fruit, melon and vegetable or ice trains, the cars of which contain no other freight except perishable fruits, melons, vegetables, fresh fish, oysters, fresh meats, ice, live stock and other perishable goods of a like character, and which trains shall be loaded and leave the station from which they start in this State before the hour of midnight on Saturday night previous to the Sunday on which they are operated. No company shall be compelled to run the trains mentioned in this Paragraph, and all freight trains thus loaded and coming into this State may run to any point of destination in this State or continue their run through the State on Sunday. Running of ice trains allowed.

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SEC. 2. Be it further enacted by the authority aforesaid, That it shall be lawful for railway companies in this State to switch empty cars to ice plants to be loaded with ice, and to switch such loaded cars out on Sundays. Ice cars may be switched. 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 16, 1912. SABBATH, RUNNING OF TRAINS ON. No. 495. An Act to amend Section 414, Volume 2 of the Code of the State of Georgia of 1910, forbidding and making criminal the running of certain trains on the Sabbath, so as to accept from the provisions and penalties of said Act all trains run under the orders or at the request of the Governor or the proper military authorities of the State of Georgia, or at the request or under the orders of the proper military authorities of the United States; and to make it lawful for railroads to run trains under the above conditions on the Sabbath. 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 414 of Volume 2 of the Code of the State of Georgia of 1910, forbidding and making criminal the running of certain trains on the Sabbath, be and the same is hereby amended so that the provisions of said

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law and the penalties enacted for the violation thereof shall not extend to trains run under the orders or at the request of the Governor or the proper military authorities of the State of Georgia, or at the request or under the orders of the proper military authorities of the United States; and it is hereby provided that it shall be lawful for the railroads in this State to run such trains under the above conditions on the Sabbath day. Trains run by request of Governor or military authorities. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. DRUNKENNESS IN PUBLIC PLACES. No. 532. An Act to amend Section 442 of Volume 2 (two) of the Code of the State of Georgia of 1910, said section prohibiting drunkenness in public places, or within the curtilage of any private residence, by inserting in said Section after the word passengers, and immediately preceding the word which, now appearing in the fifth line of said Section, the following words: or upon any railway passenger train, or at or on any fair grounds, ball grounds, show grounds, park, or at any other place of public gathering or assembly, and also by adding after the word limits at the end of said Section, the following words: The words public street or highway used in this Section are intended to include and shall be construed

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to mean any public or private street, road, or private way, generally used and traveled by the public or the community where said street, road or private way is located, 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 442 of Volume 2 of the Code of the State of Georgia be, and the same is, hereby amended by inserting in said Section after the word passengers and immediately preceding the word which, now appearing in the fifth line of said Section, the following words: or upon any railway passenger train, or at or on any fair grounds, ball grounds, show grounds, park, or at any other place of public gathering or assembly, and also by adding after the word limits at the end of said Section, the following words: The words public street or highway used in this Section are intended to include and shall be construed to mean any public street or private street, road or private way, generally used and traveled by the public or by the community where said street, road or private way is located, so that said Section shall read when amended as follows: If any person shall be and appear in an intoxicated condition on any public street or highway, or within the curtilage of any private residence not in the exclusive possession of the person or persons so intoxicated, or upon any steamboat engaged at the time in carrying passengers, or upon any railway passenger train, or at or on any fair grounds, ball grounds, show grounds, park, or at any other place of public gathering or assembly, which said drunkenness or intoxication may be caused by the excessive use of intoxicating wines, beers, liquors, or opiates, and must be

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made manifest by boisterousness, or by indecent condition or acting, or by vulgar, profane or unbecoming language, or loud and violent discourse of the person or persons so intoxicated or drunken, he shall be guilty of a misdemeanor. This Section shall not be construed to affect the powers delegated to municipal corporations to pass by-laws to punish drunkenness or disorderly conduct within their corporate limits. The words public street or highway used in this Section are intended to include and shall be construed to mean any public or private street, road or private way generally used and traveled by the public or by the community where said street, road or private way is located. Intoxication, where prohibited. Misdemeanor. Construction. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. RIOTS, GOVERNOR'S DUTY AS TO CALLING OUT MILITIA. No. 518. An Act to amend Code Section 1434, of Volume 2 of the Code of Georgia of 1910, providing the duty of the Governor as to calling out the militia of the State in case of reasonable cause to apprehend the out-break of any riot, rout, tumult, insurrection, mob, unlawful assembly, or combination to oppose the enforcement of the law by intimidation, force or violence, which cannot be speedily suppressed or effectually prevented by the ordinary

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posse, comitatus and peace officers, by striking the words in the fourth, fifth and sixth lines from the last lines of said Section, as follows: And he may require the officer in command of the troops to report to such civil officer as he may direct and to obey the order of such civil officer, or, and insert in lieu thereof the following: And when the Governor orders out troops, as herein provided, he shall thereupon by proclamation declare a state of insurrection in the locality in which the disorder is located. 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 Code Section 1434 of Volume 2 of the Code of Georgia of 1910, be amended by striking the words in the fourth, fifth and sixth lines from the last line of said Section, as follows: And he may require the officer in command of the troops to report to such civil officer as he may direct and to obey the order of such civil officer, or and inserting in lieu thereof the following: And when the Governor orders out the troops, as herein provided, he shall thereupon by proclamation declare a state of insurrection in the locality in which the disorder is located, and and said Section when so amended shall read: Whenever any judge of the Superior Court, or a City Court, County Court, County Sheriff, Mayor of any incorporated city, town, or village, in this State, whose authority shall rank in the order named, shall have reasonable cause to apprehend the outbreak of any riot, rout, tumult, insurrection, mob, unlawful assembly, or combination to oppose the enforcement of the law by intimidation, force, or violence, within the jurisdiction of which such officer is by law

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a conservator of the peace, which cannot be speedily suppressed or effectually prevented by the ordinary posse, comitatus and peace officers, it shall forthwith become the duty of the Judge, Sheriff, or Mayor to report the facts and the circumstances to the Governor and to request him to order out such portion of the militia of the State as may be necessary to preserve the peace; and it thereupon shall be the duty of the Governor, if he deems such apprehension well founded, to order out, or direct to be held in readiness, such portion of the militia of the State as he may deem advisable for the enforcement of the law; and when the Governor orders out troops, as herein provided, he shall thereupon by proclamation declare a state of insurrection in the locality in which the disorder is located; and if the Governor deem it advisable, he may specially instruct the officer in command of such troops as to the duties required of them, and to direct their execution under the immediate control of the Governor. Proclamation declaring insurrection when. SEC. 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. MILITIA, CALLING OUT BY SHERIFFS OR OTHER OFFICERS. No. 491. An Act to repeal Section 1435 of Volume 2 of the Code of Georgia of 1910, authorizing the calling out the organized

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militia by the Sheriff, Judge or Mayor under certain conditions, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act Section 1435 of Volume 2 of the Code of Georgia of 1910, which is as follows, be, and the same is, hereby repealed: Whenever any riot, outbreak, tumult, mob riot or unlawful assembly shall occur or be imminent under such circumstances that timely application cannot be made to the Governor and action had thereon by him, any Judge aforesaid, or Sheriff of any county, or Mayor of any town, city or village in which any of the said organized militia are located, if he ascertains or has good reason to believe that the ordinary posse, comitatus or civil power of the county, town or village, where such violation of the laws and the peace of the State occurs or appears imminent, are or would be unable to promptly supress or prevent the same, may, without first making application to the Governor, direct the commander of any part of the organized militia in the county, city, town or village where such lawlessness exists or is threatened, to report with his command to such civil officer to enforce the laws and preserve the peace, and it shall be the duty of such commander and all persons composing such command, to obey such order which, however, must be in writing, as required in Section 1458 and as specified by said action. Sec. 1435, Vol. 2, Code 1910, repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912.

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PENSIONS OF BLIND CONFEDERATE SOLDIERS INCREASED. No. 621. An Act to amend Section 1485 of Volume 2 of the Code of 1910, which provides for the payment of pensions to aged and infirm Confederate soldiers, by providing for an increase of pension for those who are totally blind, from sixty ($60.00) dollars to one hundred ($100.00) dollars, 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 1485, of Volume 2 of the Code of 1910, be, and the same is, hereby amended by adding thereto the following words: Provided, that in case of total blindness the pensioner under the provisions of this Section shall, upon proper proof, be paid annually a pension of one hundred dollars, so that said Section shall read as follows: Section 1485. There shall be paid annually a pension of sixty dollars to each Confederate soldier, now residing in the State of Georgia, and who was on the 22d day of August, 1905, a bona fide citizen of this State, who by proper proof shows that he volunteered either in the regular Confederate service, or in the organized militia of the State of Georgia, during the Civil War, and performed regular military duty for a period of not less than six months, and who at the date of filing his application submits proof to show that by reason of his age and poverty, infirmity and poverty, or blindness and poverty, he is unable to support himself by his own exertions, or labor. This Section shall apply to and embrace any Confederate soldier whose service was

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rendered as a member of a Georgia regiment or company, and who was a resident of this State on the 22d day of August, 1905. Provided, that in case of total blindness, the pensioner under the provisions of this Section shall, upon proper proof, be paid annually a pension of one hundred dollars. Annual pension of $100 for blind Confederate soldiers. 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 19, 1912.

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TITLE IV. SUPERIOR COURTS. ACTS. Chatham Superior Court, Terms of. Colquitt Superior Court, Terms of. Dawson Superior Court, Terms of. DeKalb Superior Court, Terms of. Emanuel Superior Court, Terms of. Johnson Superior Court, Terms of. Marion Superior Court, Terms of, Murray and Gordon Counties, Superior Courts of, Terms of. Muscogee Superior Court, Terms of. Newton Superior Court, Terms of. Tattnall Superior Court, Terms of. Toombs Superior Courtt, Terms of. Turner Superior Court, Terms of. Wayne Superior Court, Terms of. Wilkinson County Transferred from Dublin to Ocmulga Circuit. CHATHAM COUNTY, SUPERIOR COURT OF, TERMS OF. No. 436. An Act to amend an Act approved August 6th, 1909, which amended an Act approved August 12th, 1904, entitled An Act to increase the number of terms of the Superior Court of Chatham County, Georgia, and for other purposes, so as to change the time of the commencement of the October term thereof. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 1 of the amending Act of this

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General Assembly, approved on August 6th, 1909, be so far amended that the time for the commencement of the October term of Chatham Superior Court shall be on the last Monday in October of each year instead of the third Monday in each year as provided in said amending Act, so that said Section of said amending Act shall read, That from and after the passage of this Act the number of terms of Chatham Superior Court is hereby increased from three to four terms, so that hereafter the said terms shall commence and said Superior Court shall be held on the first Mondays in March, June and December and on the last Monday in October of each year. Chatham Superior Court, terms of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1912. COLQUITT COUNTY, SUPERIOR COURT OF, TERMS OF. No. 431. An Act to provide for holding four terms in each year of the Superior Court of Colquitt County, to provide for the time for holding the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be held in each year, four terms of the Superior Court for the County of Colquitt in the Southern Circuit. Colquitt Superior Court, terms of.

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SEC. 2. Be it further enacted by the authority aforesaid, That the terms of said Court shall begin and be held on the third Monday in January, the first Monday in April, the third Monday in July and the first Monday in October in each year. When held. SEC. 3. Be it further enacted, That the Judge shall only draw a Grand Jury for the April and October terms of said Court, provided, that the presiding Judge in his discretion may draw and require the attendance of the Grand Jury at the January and July terms, if in his discretion the business of the county demands it, but the duties of the Grand Jury shall not require them to perform any other service at said July and January terms than they shall be charged by the presiding Judge to attend to at those terms last above indicated. And provided, further, that the Judge shall not be required to draw for service at the July and January terms a traverse jury unless in his discretion the business of the county warrants it, but that the July and January terms may be, in the discretion of the Judge, held in the same manner as to Grand Juries and traverse juries as the October and April terms are now held, but the Judge of the said Court is not required to try any case at the January and July terms of said Court in which there is an issue of fact unless it is in his discretion proper and needful. Grand juries, when drawn. Traverse juries. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1912.

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DAWSON COUNTY, SUPERIOR COURT OF, TERMS OF. No. 320. An Act to change the times of holding the terms of the Superior Court of Dawson County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the spring term of the Superior Court of Dawson County shall begin on the third (3rd) Monday in March in each year, and the fall term of said Superior Court shall begin on the fourth (4th) Monday in October in each year. Dawson Superior Court, terms of. SEC. 2. Be it enacted by the authority of the same, That all conflicting laws and parts of laws be, and the same are, hereby repealed. Approved July 25, 1912. DEKALB COUNTY, SUPERIOR COURT OF, TERMS OF. No. 341. An Act to provide for holding four terms a year of the Superior Court in DeKalb County, to prescribe the time for holding 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 same, That from and after the passage of this Act there shall be held in each year four terms of the Superior Court for the County of DeKalb in the Stone Mountain Circuit. DeKalb Superior Court, terms of. SEC. 2. Be it further enacted, That the term of said Court shall begin on the first Monday in March, first Monday in June, first Monday in September, and the first Monday in December in each year. When held. SEC. 3. Be it further enacted, That the Judge shall only draw a Grand Jury for the March and September terms of said Court; provided, that the presiding Judge, in his discretion, may require the attendance of the Grand Jury at the June and December terms, or either of them, if the business of the Court should require it; but the duties of the said Grand Jury shall not require them to perform any other service at said June or December terms than they shall be by the presiding Judge especially charged with. Grand juries. SEC. 4. Be it further enacted, That all cases brought in the Superior Court of DeKalb County shall be made returnable to the term beginning next after twenty days have elapsed from the filing of the suit, and all cases shall be triable at the next term after such return term. Return and trial terms. 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 29, 1912.

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EMANUEL COUNTY, SUPERIOR COURT OF, TERMS OF. No. 433. An Act to provide for holding four terms a year of the Superior Court of Emanuel County, and to prescribe the time for holding the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, there shall be held in each year four terms of the Superior Court in and for the County of Emanuel, said State, in the Middle Judicial Circuit. Emanuel Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That the terms of said Court shall be held on the second Monday in January, on the second Monday in April, on the second Monday in July, and on the second Monday in October in each year. When held. SEC. 3. Be it further enacted by the authority aforesaid, That the Grand Juries shall be drawn and shall serve in said Court at the April and October terms only; provided, the presiding Judge, in his discretion, may require the attendance of the Grand Jury at the July and January terms, or either of them, if the business of the Court should require it. Grand juries. SEC. 4. Be it further enacted by the authority aforesaid, That this Act shall in no wise alter or change the law now providing for a two week's session of the Superior Court for said county at the April and October terms. Sessions.

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SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1912. JOHNSON COUNTY, SUPERIOR COURT OF, TERMS OF. No. 494. An Act to change the time of holding Superior Court in Johnson County, Georgia, in the Dublin Judicial Circuit; to change the number of terms of said Court to be held each year, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the first day of January, 1913, the number of terms of the Superior Court is hereby decreased and changed from four terms to three terms a year, and the time of holding Superior Court in said Johnson County changed so that after the first day of January, 1913, the terms of the Superior Court of said county shall commence and be held on the third Monday in March; third Monday in July; third Monday in November of each year. Johnson Superior Court, terms of. When held. SEC. 2. Be it further enacted by the authority aforesaid, That all business and all cases pending in said Superior Court on the first day of January, 1913, shall be and stand for trial in their order as now provided by law at the terms of said Court as above provided and required.

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SEC. 3. Be it further enacted by the authority aforesaid, That Grand Juries shall be drawn and serve at the March and November terms of said Court only, but the right of the Judge to summons a Grand Jury specially or in cases of emergency as now provided by law is not abridged by this Act; that the Judge of said Court shall have the right to draw a Grand Jury to serve at the July term of said Court, if the business of the Court in his judgment requires it. Grand juries. SEC. 4. Be it further enacted by the authority aforesaid, That any and all laws, or parts of laws, in conflict with this Act be, and the same is, hereby repealed. Approved August 16, 1912. MARION COUNTY, SUPERIOR COURT OF, TERMS OF. No. 497. An Act to change the time of holding the Superior Court of Marion 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 fall term of the Superior Court of Marion County shall be held on the fourth Monday in October of each year, and the spring term on the fourth Monday of April of each year. Each term shall continue for two weeks if necessary. Marion Superior Court, terms of.

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SEC. 2. Be it further enacted, That all writs, processes and summons, subp[oelig]nas, bail bonds, and all other processes, orders, and proceedings of all kinds returnable to Court as heretofore authorized by law shall be held and considered returnable to the regular fall and spring terms respectively, as prescribed by this Act. SEC. 3. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. MURRAY AND GORDON COUNTIES, SUPERIOR COURTS OF, TERMS OF. No. 536. An Act to provide for quarterly terms of the Superior Courts of the Counties of Murray and 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 from and after the first day of January, 1913, the Superior Courts of the Counties of Murray and Gordon shall be held quarterly, as follows: Murray County, the second Mondays in February, May, August and November; and Gordon County, the fourth Mondays in February, May, August and November. Provided, however, that there shall be no Grand Juries for the May and November terms of said Courts, unless the presiding Judge shall deem them necessary. Murray Superior Court, terms of.

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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 17, 1912. MUSCOGEE COUNTY, SUPERIOR COURT OF, TERMS OF. No. 316. An Act to change the time of holding Muscogee Superior Court, so as to provide that the spring term of said Court shall be held on the second Monday in May instead of the first Monday in May, 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 Muscogee Superior Court shall be held on the second Monday in May of every year instead of the first Monday in May, as is now provided by statute. Muscogee Superior Court, terms of. SEC. 2. Be it further enacted, That the time for holding the August term of Muscogee 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 July 23, 1912.

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NEWTON COUNTY, SUPERIOR COURT OF, TERMS OF. No. 329. An Act to provide for holding four terms a year of the Superior Court of Newton County; to prescribe the time for holding the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be held each year four terms of the Superior Court in and for the County of Newton, in the Stone Mountain Judicial Circuit. Newton Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That said terms shall be held and said Court shall commence on the first Monday in January, the third Monday in March, the third Monday in July and the third Monday in September in each and every year. When held. SEC. 3. Be it further enacted, That all cases brought to the September term, 1912, which are not by law triable at that term, unless legally continued, shall stand for trial at the January term, 1913. Except as otherwise provided by law, all cases shall be triable at the second term as said terms exist under this Act. Trial terms. SEC. 4. Be it further enacted by the authority aforesaid, That Grand Juries shall be drawn and shall serve in said Court at the March and September terms only, but the right of the Judge to summon a Grand Jury specially shall not be changed hereby. Grand juries.

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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 July 29, 1912. TATTNALL COUNTY, SUPERIOR COURT OF, TERMS OF. No. 435. An Act to provide for holding four terms a year of the Superior Court in Tattnall County; to prescribe the time for holding 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 the passage of this Act there shall be held in each year four terms of the Superior Court for the County of Tattnall, in the Atlantic Circuit. Tattnall Superior Court, terms of. SEC. 2. Be it further enacted, That the term of said Court shall begin on the first Monday in January, first Monday in April, first Monday in July, first Monday in October in each year. When held. SEC. 3. Be it further enacted, That the Judge shall only draw a Grand Jury for the first and third terms of said Court; provided, that the presiding Judge, in his discretion, may require the attendance of the Grand Juries at the second and fourth terms, or either of them, if the business of the Court should require it, but the duties of

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the said Grand Jury shall not require them to perform any other service at said second or fourth terms than shall be by the presiding Judge specially charged with. Grand juries. SEC. 4. Be it further enacted, That all cases brought in the Superior Court of Tattnall County shall be made returnable to the term next after twenty days have elapsed from the filing of the suit, and all cases shall be triable at the next term after such return term. Return and trial terms. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this be, and the same are, hereby repealed. Approved August 13, 1912. TOOMBS COUNTY, SUPERIOR COURT OF, TERMS OF. No. 406. An Act to provide for holding four terms a year of the Superior Court of Toombs County and to prescribe the time of holding the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be held in each year four terms of the Superior Court in and for the County of Toombs in the Middle Judicial Circuit. Toombs Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid,

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That the terms of said Superior Court of Toombs County shall be held on the fourth Monday in February, fourth Monday in May, fourth Monday in August, and the fourth Monday in November in each and every year. When held. SEC. 3. Be it further enacted by the authority aforesaid, That all cases brought in the Superior Court of Toombs County shall be made returnable to the term of said Superior Court beginning after twenty days have elapsed from the filing of the suit, and all cases shall be triable in accordance with the law now of force, or to hereafter to become of force in this State. Return and trial terms. SEC. 4. Be it further enacted by the authority aforesaid, That the Grand Jury shall not be called to meet only at the May and August term in each year; provided, that the presiding Judge may call them to convene at the February and November terms, if in his discretion the exigencies of the case will permit and authorize the calling of the said Grand Jury into session at the said February and November terms. Provided, further, that when said presiding Judge shall call the Grand Jury to meet at the said February and November terms, they shall only transact the business for which they were subp[oelig]naed, and called to convene by the said presiding Judge. Grand juries. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1912.

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TURNER COUNTY, SUPERIOR COURT OF, TERMS OF. No. 363. An Act to change the time of holding the Superior Court in the County of Turner, in the Albany Circuit, and State of Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That beginning on the first Monday in February, 1913, the Superior Courts of Turner County shall be held on the first Mondays in February and August of each year, the first term of Court to be held under this bill to begin on the first Monday in February, 1913. Turner Superior Court, terms of. SEC. 2. Be it further enacted, That all writs, orders, summons, subp[oelig]nas, bails, bonds, and all processes and proceedings of any kind and character to said Court and pending in said Court shall hold good and relate to the term of the Court as changed and fixed as provided by this Act, and that all persons who may be summoned or who have already been summoned to attend said Court at the time now fixed by law shall be required to attend the corresponding terms as changed, and fixed as provided in this Act, and that all persons are hereby required to take notice without more of the changes provided in this Act and to answer and wait upon said Court accordingly. SEC. 3. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1912.

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WAYNE COUNTY, SUPERIOR COURT OF, TERMS OF. No. 322. An Act to change the time of convening the Superior Court of Wayne County. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Superior Court of Wayne County, State of Georgia, shall convene the third and fourth Tuesdays in April and November. Wayne Superior Court, terms of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 25, 1912. WILKINSON COUNTY TRANSFERRED TO THE OCMULGEE CIRCUIT. No. 484. An Act to re-arrange the Dublin and Ocmulgee Judicial Circuits of the State of Georgia, by taking from the Dublin Circuit the County of Wilkinson and adding said county to the Ocmulgee Judicial Circuit, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1913, the County of Wilkinson shall become a part of the Ocmulgee Judicial Circuit, in this State, and cease to be a part of the Dublin Circuit. Wilkinson County transferred from Dublin to Ocmulgee Circuit. SEC. 2. Be it further enacted by the authority aforesaid, That the time of holding the Superior Court in said County of Wilkinson shall be on the first Monday in April and October in each year. Terms 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 16, 1912.

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TITLE V. MISCELLANEOUS. ACTS. Alternative Road Law Put in Force in Certain Counties. Bailiffs of City Court, Compensation of in Certain Counties. emeteries, Arbitrary Burial Regulations Prohibited. harters of Corporations, Receiver of. Congressional Districts, Acts Reapportioning Amended. Fees of Certain Officers, Statement Required Made to Comptroller-General. Fertilizers, Injurious Fillers Prohibited. Fort Oglethorpe, Jurisdiction Over Ceded to the United States. Game Law, Act 1911, Amended. Insurance, Department of, Established. Liens, Priority of. Loans to be Repaid in Monthly Installments, Interest Allowed. Militia, Act to Promote Efficiency of. Oil Inspectors, Duties of. Promissory Notes Given for Certain Stocks, Consideration Must be Ex. pressed in Face. Public Weigher and Grader of Cotton Provided for. Railroads Required to Install Cinder Deflectors. Stationary Engines or Boilers, License to Run, Law Amended. Suretyship, Regulation of Contracts of. Tax Assessors Prohibited from Valuing Own Property in Certain Cities. Tax Collectors, Clerks in Certain Counties. Board of Education Established in Certain Counties. Bonds, Issuance of for School Buildings. State Normal School, Act Establishing Amended. Schools, County Superintendents of, Uniform Terms. Technology, School of, Chairman of Board of Trustees, Compensation of. Technology, School of, Tuition of Non-Residents. Treasurer of School Boards, Bonds of. ALTERNATIVE ROAD LAW PUT IN FORCE IN CERTAIN COUNTIES. No. 512. An Act to put in force in all counties in this State having a population of between 9750 and 9950 what is known as the Alternative Road Law, as set out in Sections

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694 to 703, inclusive, of Volume 1 of the Code of 1910, except in certain particulars, 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, in all counties in this State having a population of between 9750 and 9950, the provisions of Sections 694 to 703 of Volume 1 of the Code of Georgia of 1910, relating to public roads, time and manner of working same, tax for same, method of punishing defaulters, and other matters relating to the public roads, known as the Alternative Road Law, shall become operative and shall supersede all road laws now operative in such counties; except that in such counties no one shall be required to work more than five days in any one year nor pay more than the equivalent of such work as a commutation tax, but may be required to pay the equivalent of a day's work as a commutation tax for each and every day required. Section 695 in so far as it applies to such counties is hereby repealed to that extent. Alternative road law put in force in what counties. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. BAILIFFS OF CITY COURTS, COMPENSATION OF IN CERTAIN COUNTIES. No. 418. An Act to fix the salaries of Bailiffs of the City Courts of this State in counties in which there are cities having a

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population of not less than one hundred and fifty thousand, according to the Census of 1910, or any succeeding Census, and to provide for the payment of such salaries, 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 Bailiffs of the City Courts in this State in which there are cities having a population of not less than one hundred and fifty thousand, according to the Federal Census of 1910, or any secceeding Census, that may be appointed, or who may be serving under present appointment, to serve in attendance upon such Courts shall each receive a salary of one hundred dollars per month, payable out of the treasury of such counties in the same manner as the appointed Bailiffs of said Courts are now paid. City Court bailiffs, compensation of in certain cities. 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 9, 1912. CEMETERIES, ARBITRARY BURIAL REGULATIONS PROHIBITED. No. 591. An Act to prohibit the owners, managers and superintendents of cemeteries in this State from interfering with the burial of the dead by prescribing arbitrary

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regulations with reference to caskets, or the receptacle used to inclose such caskets. 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 the owner, manager, superintendent, or any person having in charge any cemeteries in this State to interfere in any wise in the selection of any particular model or design of casket used by those having in charge the burial of any human corpse, or in like manner to attempt to prevent the use of a receptacle for the casket of any kind that the persons interested and engaged in the burial may desire to use, and it shall be unlawful for any such owner, manager or superintendent, or other person in charge of any cemetery in this State, to suggest the use of any style of such receptacle in preference to another; provided, this Act shall not apply to interments made upon land belonging to such cemetery association itself, nor prevent any owner of land from preventing the burial of corpses upon his own land. Arbitrary burial regulations prohibited. Exceptions. SEC. 2. Be it further enacted by the authority aforesaid, That any person either for himself or as agent for another person or corporation shall violate the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code. Punishment. 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 19, 1912.

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CHARTERS OF CORPORATIONS, REVIVER OF. No. 480. An Act providing for the reviver of the charter of a corporation, incorporated by judgment of a Superior Court whose charter has expired, within five years from date of expiration, and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: SECTION 1. That in all cases where a charter of a corporation, incorporated by judgment of any Superior Court of this State, has expired and such corporation has continued in business in ignorance of such expiration, said charter may be revived by a judgment of the Superior Court of the county of the residence of the original corporation, in the same manner as the original charter was procured, at any time within five years from the date of such expiration; provided, that a majority of the stockholders of such corporation, at a regular or called meeting, notice of the purpose having been given to the stockholders adopt a resolution asking for such reviver and all the stockholders shall be bound by the resolution. If said Superior Court passes an order reviving such corporation all the property and other rights of such corporation shall continue in the corporation as so revived and the acts and doings of such corporation, in the period between the date of expiration and date of reviver, shall be thereby confirmed and held as the acts and doings of the original corporation so revived. Charters granted by Superior Court; how revived. SEC. 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912.

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CONGRESSIONAL DISTRICTS, ACT REAPPORTIONING AMENDED. No. 312. An Act to amend an Act approved August 19, 1911, entitled an Act to reapportion the several Congressional Districts of this State in accordance with the the Act of Congress increasing the number of Congressmen from Georgia to twelve, etc., so as to correct a clerical error made in said Act placing the County of Putnam in the 7th instead of in the 8th Congressional District, and for other purposes. SECTION 1. Whereas, the Act approved August 19th, 1911, re-apportioning the several Congressional Districts of this State in accordance with the Act of Congress increasing the number of Congressmen from Georgia to twelve, as passed by the General Assembly at its session of 1911, provided that Putnam County should be included in and form a part of the 8th Congressional District, as appears from the original papers before said General Assembly and from the Journals of the House and Senate of said session; and, Whereas, by a clerical error made in the enrolled bill as the same was submitted to the Governor for his approval and was approved by him on August 19th, 1911, the County of Putnam was made to appear as included in and forming a part of the 7th Congressional District instead of the 8th; and, Whereas, the said County of Putnam is physically and geographically distant approximately miles from any

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portion of the 7th Congressional District and cannot physically form a part thereof, Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 19th, 1911, entitled An Act to Re-apportion the several Congressional Districts of this State in accordance with the Act of Congress increasing the number of Congressmen from Georgia to twelve, be, and the same is hereby, amended by striking out the two words and Putnam where they appear in the list of counties constituting the 7th Congressional District, and adding the words and Putnam to the list of counties named in said Act as comprising the 8th Congressional District, so as to provide that the said County of Putnam shall be included in and form a part of the 8th Congressional District. Putnam County in 8th Congressional District. 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 19, 1912. FEES OF CERTAIN OFFICERS, STATEMENT REQUIRED MADE TO COMPTROLLER-GENERAL. No. 481. An Act to require all State House officers and officers and appointees of any Department of State and County officers who receive fees and compensation other than salaries to keep a daily account of such fees and compensation

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and to make sworn itemized statements with the Comptroller-General of the State; to require the Comptroller-General of the State to preserve said statements; to provide a penalty for failure or refusal to comply with same, and for other purposes. Whereas, it is desirable to place all State and County officers upon a salary; and, Whereas, it is practically impossible to pass any general law looking to this end without knowing what compensation officers are now receiving, SECTION 1. Be it therefore enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the first day of January, 1913, all State House officers, all Solicitors-General and Solicitors of City and County Courts, Judges of City and County Courts, and all officers and appointees of any department of the State who receive any fees or compensation other than their salaries shall keep a daily account of such fees and compensation and shall make out quarterly an itemized sworn statement of same and file such statement within ten days after the termination of each quarter with the Comptroller-General of the State. Quarterly statements of fees of State House and other officers. SEC. 2. Be it further enacted by the authority of same, That all county officers in this State who receive fees and compensation other than salary shall on and after January 1st, 1913, keep a daily account of all fees and componsation received by them and on or before ten days after the termination of each quarter shall file with the Comptroller-General of the State a sworn statement of totals of such fees and compensation received during the previous quarter, also the amount of insolvent costs earned together with

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the number of men employed, and the total costs of clerk hire, which statement shall be properly tabulated showing separately fees received in criminal and civil cases and in case of Clerk of Superior Court shall show separately fees received for Court work and for recording papers and documents other than Court papers; provided, this shall not apply to Justices of the Peace and Constables. Quarterly statements of county officers. SEC. 3. Be it further enacted, That the Comptroller of the State shall preserve all of said statements, shall tabulate same so as to give all information contemplated under this Act, and have all such information available at the next session of the General Assembly. Statements to be preserved for information of General Assembly. SEC. 4. Be it further enacted, That any officer knowingly and willfully failing or refusing to keep said daily statements or failing or refusing to file said quarterly statement with the Comptroller-General shall be guilty of a misdemeanor. Failure to keep or failure to file statement a misde meanor. SEC. 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1912. FERTILIZERS, INJURIOUS FILLERS PROHIBITED. No. 470. An Act to prohibit the manufacture and sale of fertilizers in the State of Georgia containing any pyrites cinders, coal cinders or any injurious or deleterious filler; to

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provide for the plant food and other materials on the bag; providing penalty, 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 on and after January 1, 1913, it shall be unlawful for any manufacturer or dealer, or other person to manufacture, sell or offer for sale in the State of Georgia any commercial fertilizer containing any pyrites cinders, coal cinders, or any injurious or deleterious filler. Certain fillers for fertilizers prohibited. SEC. 2. Every manufacturer, mixer or dealer in commercial fertilizers shall be required to print on his bags or tags the total number of pounds of available plant food guaranteed and contained in each bag, the total number of pounds of filler contained in each bag worthless as a fertilizer to be printed after the word filler and the total number of pounds of all other combined materials contained in said bags. This Act is not intended to repeal or modify the provisions of the Act of the General Assembly, approved August 22, 1911, requiring all sources of plant food to be stated on bags or tags. Fertilizers; contents must be printed on bag or tag. SEC. 3. Be it further enacted, That any manufacturer, dealer or person violating the provisions of this Act shall be guilty of a misdemeanor. Violation a misdemeanor. SEC. 4. Repeals all laws and parts of laws in conflict herewith. Approved August 17, 1912.

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FORT OGLETHORPE, JURISDICTION OVER CEDED TO THE UNITED STATES. No. 530. An Act to cede jurisdiction to the United States over the military reservation of Fort Oglethorpe, in Catoosa and Walker Counties. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the jurisdiction of this State be and the same is hereby ceded to the United States, over the military reservation of Fort Oglethorpe, in Catoosa and Walker Counties, containing about eight hundred and ten acres; the same having been acquired by the United States for the enlargement of the Chickamauga and Chattanooga National Park with a view to the erection and maintenance of a military post thereon; provided, nevertheless, that nothing herein contained shall extend or be construed to extend so as to impede or prevent the execution of any process, civil or criminal, under the laws of this State. Jurisdiction over Fort Oglethorpe ceded to the United States. Civil or criminal process not to be impeded. SEC. 2. All laws and parts of laws in conflict with this be, and the same are, hereby repealed. Approved August 17, 1912. GAME LAW, ACT 1911 AMENDED. No. 631. An Act to amend an Act entitled an Act for the protection of game animals and birds and fish; to establish the

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department of game and fish; to declare what shall be game animals and birds; to provide for the appointment of a State Game and Fish Commissioner, and the appointment of Wardens and Deputy Wardens, prescribing their duties and their compensation, to regulate licenses to hunt, and for other purposes, and to provide penalties for violations of this Act, approved August 21, 1911, providing for change of date for expiration of hunting license, a penalty for hunting and fishing without permission, adding ducks to the list of game birds and animals; for adding black birds and field larks to the list of unprotected birds, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That Section 5 of the Act creating the Department of Game and Fish, approved August 21, 1911, shall be amended by striking the words this Act in the 15th and 20th lines of said Section, and substituting in lieu thereof the following: Any of the game and fish laws of this State, so that said Section when amended shall read as follows: He shall appoint Game and Fish Wardens and Deputy Wardens in each county of this State, such appointees to hold their office for the term of two years unless sooner removed for cause by the Commissioner. Such Wardens and Deputy Wardens shall enforce all the provisions of this Act and all other laws in reference to game and fish in their respective counties. Such Wardens and Deputy Wardens shall receive three dollars per day, while acting under the special directions of the Commissioner with reference to the discharge of their duties, which sum shall be paid out of the Game Protection Fund provided by this Act. Each County Warden shall receive one-fourth of all fines and forfeitures and penalties collected

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in the county in which he holds office, imposed for violations of any of the game and fish laws of this State, where he does not furnish the evidence necessary to convict. If he does arrest, or cause the arrest, and furnish the evidence necessary to convict, then he shall have three-fourths of such fines, forfeitures and penalties. Any person arresting or causing to be arrested offenders under any of the game and fish laws of this State, and furnish the evidence necessary to convict such offenders, shall receive one-half of all fines, forfeitures and penalties imposed and collected from such offenders and legal fees paid to Constables. The remaining portion of fines imposed and collected shall be forwarded to the State Game Commissioner and by him turned into the treasury to the credit of the Game Protection Fund. The County Warden shall receive twenty-five cents for each county license issued by him, one dollar for each State license, and three dollars for each non-resident license issued by him. All County Wardens shall keep a record in the office of the Clerk of the Court in their respective counties which record shall be open to the public, giving names of all parties holding resident county and State license and non-resident State licenses issued by him. This record shall also show the names, offenses and fines imposed on all persons convicted for violations of the fish or game laws of this State in the county of his jurisdiction. Sec. 5 of Act creating Department of Game and Fish amended. SEC. 2. Be it further enacted, That Section 6 of the Act creating the Department of Game and Fish approved August 21st, 1911, shall be amended by striking the words first day of in the 26th line of said Section, and substituting the words twentieth day of so that said Section when amended shall read: Any resident of the State may procure a license to hunt in his resident county upon the

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payment of the sum of one dollar. License to such residents shall be issued authorizing him to hunt throughout the State upon the payment of three dollars. License shall be issued to non-residents of the State upon the payment of the sum of fifteen dollars, which shall authorize such non-resident to hunt throughout the State. All license shall bear the date of issuance if the license is issued in the open season, and shall authorize the person named therein to hunt during the then open season, and if issued in the closed season, shall authorize said person to hunt during the next succeeding open season. Such license shall be signed by the Commissioner and countersigned by the Game Warden of the county in which the license is issued and numbered. It shall contain the residence, age, sex, and post office address of the person to whom issued; also state race, approximate height and weight, and color of the applicant's hair and eyes. The license fees, less the Warden's fee, shall be remitted by the Warden to the Commissioner not later than the first of the following month. A person may hunt and fish in the open season in his own militia district or on his own land without a license. Tenants and their families by and with permission of the owner of the land shall be permitted to hunt and fish on the lands leased and rented by them without a license. All license shall terminate on the twentieth day of February following the date of issuance. Licenses terminate 20th day of February following date of issuance. SEC. 3. That Section 7 be amended by adding thereto the following: Any person violating this Section is hereby declared to be guilty of a misdemeanor, and shall be punished as prescribed in Section 12 of this Act, so that said Section when amended shall read as follows: No person shall hunt or fish upon the lands of another with or without a license, without first having obtained permission from

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such land owner. Any person violating this Section is hereby declared to be guilty of a misdemeanor, and shall be punished as prescribed in Section 12 of this Act. Punishment for violation of Sec. 7 of Act of 1911. SEC. 4. That Section 11 be amended by striking from the fourth line of said Section the words summer or wood before the word duck and adding to said Section marsh hens, so that said Section when amended shall read: The following shall be deemed game birds and animals: Quail, commonly known as Bob White partridges, doves, snipe, wood cock, curlews, wild turkeys, grouse, pheasants, deer, squirrels, ducks, and marsh hens; provided, that nothing herein contained shall prohibit the hunting or sale of migratory ducks; provided, that no one person shall kill more than fifty ducks in any one day and season for shooting migratory ducks is between September 1st to April 20th. Game birds and animals. Migratory duck, hunting allowed from Sept. 1 to April 20. SEC. 5. That Section 14 be amended by striking from the 7th and 8th lines of said Section the words December 1st to March 1st and inserting in lieu thereof November 20th to March 1st and by striking from the 10th lines of said Section the word fox and inserting the following: September 1st to December 1st; and from the 11th line the words and gray squirrels, and the word October, and insert the word cat before squirrels and the word August after the word from; and by inserting after the word land in the 21st line of said Section the following: It shall be unlawful to kill any fox squirrel prior to January 1st, 1918, so that said Section when amended will read: Any person who shall hunt, kill or destroy, by any means whatsoever, or who is in possession of the following named birds or animals, except between the following dates, shall be guilty of a misdemeanor, and upon conviction

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shall be punished as is prescribed by Section 12 of this Act: Quail, commonly known as Bob White partridges, doves, wild turkey gobblers and plovers from November 20th to March 1st following, snipe from December 1st to May 1st following; woodcock and summer or wood duck from December 1st to January 1st following; deer from October 1st to December 1st following; cat squirrel from August 1st to January 1st following, of each year. It shall be unlawful any time of the year to scatter upon the lands of any person whether it be the owner of the land or not, any corn, wheat or grain, or to bait for the purpose of drawing to the lands where such bait is scattered or placed. game birds or doves, for the purpose of shooting or allowing to be shot at, or killed such game birds or doves at or near such lands so baited, and it shall be unlawful for any person to shoot at or kill any dove or other game bird at, upon, over or near any land baited or baited field or land. It shall be unlawful for any person to kill any fox squirrel prior to January 1st, 1918, and for violations of this provisions such person or persons shall be guilty of a misdemeanor and punished as prescribed in Section 1065 of the Criminal Code 1910. Hunting season. SEC. 6. That Section 23 be amended by inserting after the word bird in the 9th line of said section of the published Act the words: field larks or meadow larks, so that said Section when so amended will read: It shall be unlawful for any person in the State to kill, catch, or have in his possession any non-game bird, or to take or destroy the nest or eggs of any non-game bird, or to have the same in his or her possession; such person violating the provisions of this Section shall be guilty of a misdemeanor, and upon conviction, punished as is prescribed in Section 12 of this Act; provided, this Section shall not apply to the

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following birds: English sparrows, owls, hawks, eagles, crows, rice birds, and field or meadow larks, except persons may ship into this State birds mounted for millinery purposes. Field or meadow larks not protected. SEC. 7. 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 19, 1912. INSURANCE, DEPARTMENT OF, ESTABLISHED. No. 628. An Act to provide for the establishment of a Department of Insurance; to provide officers therefor, stipulate their salaries; to regulate and control the organization of insurance companies; to prescribe the duties and powers of the Insurance Commissioner; to prohibit discrimination by insurance companies; to prescribe penalties for the violation of the insurance laws of the State; to provide for the general supervision by the Insurance Commissioner of all insurance companies and the sale of stock in such companies and the general management and conduct of such companies; to require Bonding and Fidelity companies to make deposits, to regulate all foreign and domestic fraternal companies, corporations, orders, associations and beneficiary societies, soliciting business in this State, to prohibit the issuing of income or guarantee fund certificates, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established in this State in the office of the Comptroller-General, a Department which shall be called the Insurance Department of the State of Georgia, and which shall be charged with the enforcement of the laws which have been or may hereafter be passed relating to insurance. Its chief officer shall be the Comptroller-General, who shall be styled Insurance Commissioner. Whenever in this Act the designation Insurance Commissioner or Commissioner is used, it shall be held to mean the chief officer of the Insurance Department of the State of Georgia. The Insurance Commissioner shall exercise the powers and perform the duties conferred and imposed upon him by this Act or any other law of the State. He may appoint a Deputy Insurance Commissioner to assist him in the discharge and performance of his duties, and in the event of a vacancy in the office of Insurance Commissioner, or in his absence or disability for any reason, the Deputy shall perform all the duties required of the Insurance Commissioner. The said Deputy shall execute a bond with proper security in the sum of Five Thousand ($5,000) Dollars, said bond to be approved by the Insurance Commissioner and conditioned upon the faithful performance of his duties. The said Deputy shall be removable at the pleasure of the Commissioner. The Insurance Commissioner may also appoint a clerk in addition to the one already employed by the Comptroller, and a Fire Inspector whose powers and duties are hereinafter prescribed. The Commissioner shall have an official seal of such device as he shall, with the approval of the Governor select. Every certificate and other document or paper executed by such Insurance Commissioner in pursuance of any authority conferred upon him by law

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and sealed with the seal of his office, and all copies of papers certified by him and authenticated by said seal, shall in all cases be evidenced equally and in like manner as original thereof and shall have the same force and effect as the original would have in any suit or proceeding in any court in this State. The office of the Insurance Commissioner shall be deemed a public office and the records, books and papers thereof, on file therein, shall be deemed public records of the State, except as may be provided otherwise herein. The Commissioner shall publish and report annually to the Legislature his official transactions, and shall include in such report abstracts of the annual statements of the several insurance companies and bonding and fidelity companies and an exhibit of the financial condition and business transactions of the said companies as disclosed by official examinations of the same or their annual statements. He shall include therein a statement of receipts and expenditures of the Department for the preceding year, and such other information and recommendations relative to insurance and insurance laws of the State as he shall deem proper. Insurance Department established. Insurance Commissioner. Deputy Insurance Commissioner. Bond of Deputy. Clerk. Seal. Records deemed public. Annual reports. SEC. 2. Be it further enacted by authority aforesaid, That the Commissioner shall collect the charges, fees and taxes as now provided by law and give proper receipts therefor, and at the end of every calendar month, or oftener, in the discretion of the Commissioner, shall pay into the State Treasury, all amounts collected by him. Collection of fees and taxes. SEC. 3. The Insurance Commissioner may at any time have the right to examine into the affairs of any insurance company doing business as an assessment, fraternal, industrial and charitable or otherwise, in this State, and into the affairs of any company organized under the laws of any

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other State, having an office in this State, which company is engaged in or is claiming or advertising that it is engaged in organizing or receiving subscriptions for or disposing of stock of, or in any manner aiding or taking part in the formation or business of an insurance company or companies, or which is holding capital stock of one or more insurance company or companies for the purpose of controlling the management thereof or as voting trustee or otherwise. For such purpose he may appoint as examiners one or more competent persons, not officers of. or connected with, or interested in any insurance company, other than as policyholders, and upon such examination, he, his deputy or any examiner authorized by him, may examine under oath, the officers and agents of such company, and all persons deemed to have material information regarding the company's property or business. Every such company, its officers and agents, shall produce at the office of the company, where the same are kept its books and all papers in its possession relating to its business, and any other persons may be required to produce any book or paper in his custody relevant to the examination for the inspection of the Commissioner, his deputies or examiners whenever required; and the officers and agents of such company shall facilitate such examination and aid the examiners in making the same so far as it is in their power to do so. Every such examiner shall make a full and true report of every examination made by him, verified by his oath, which shall comprise only facts appearing upon the books, papers, records or documents of such company, or ascertained from the testimony sworn to of its officers or agents or other persons examined under oath concerning its affairs, and said report so verified shall be presumptive evidence in any action or proceeding against the company, its officers or agents as to the facts therein stated. The Insurance

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Commissioner shall grant a hearing to the Company examined before filing any such report; and may withhold any such report from public inspection for such time as he may deem proper, not to exceed sixty days, and may after so filing, if he deems it for the interest of the public to do so, publish any such report or the result of any such examination in one or more newspapers of the State. It shall be the duty of the Insurance Commissioner to examine every domestic insurance company at least once in five years. The expense of all examinations of insurance companies now required by law, and the expense of all examinations of such companies as contemplated by this Act, shall be paid by the companies so examined; provided, this Section shall not apply to assessment farmers co-operative fire insurance companies doing business in this State in not more than four Counties in a division. Examination of insurance companies. Examiners. Production of books and papers. Reports by examiners. Reports made public, when. Examination of domestic companies, when made. Exception. SEC. 4. Be it further enacted, it shall be the duty of the Insurance Commissioner to issue license to the insurance companies and agents when they shall have complied with the requirements of the laws of this State and the rules and regulations prescribed by the Commissioner so as to entitle them to do business. In each case, license shall be issued under the seal of the Commissioner, authorizing and empowering the person, firm, association or company to transact the kind of business specified in the license. Before an insurance company shall be licensed to transact business in this State, the Insurance Commissioner shall be satisfied by such examination as he may make or such evidence as he may require that such company is duly qualified under the laws of this State to transact business herein. Licenses. SEC. 5. Be it further enacted, That whenever it shall

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appear to the Insurance Commissioner that a license already granted to an insurance company, should be revoked, the Insurance Commissioner shall, by first giving such insurance company ten days notice, require such company to show cause before a board to be composed of the Insurance Commissioner, the Attorney-General and the Governor of the State why said license should not be revoked. Upon the hearing of the said cause, the said Board may in its discretion revoke such license of any such insurance company or prescribe the conditions upon which such insurance company may be allowed to continue business in Georgia. Licenses, how revoked. SEC. 6. Be it further enacted, That all persons shall be required to procure a license from the Department of Insurance before soliciting business in this State, except those agents whose names are furnished the Insurance Commissioner by some reputable insurance company as its accredited agents. Solicitor's license. SEC. 7. Be it further enacted, That all agents soliciting insurance in the State of Georgia shall, before procuring the license from the Department of Insurance, make application to the Commissioner and before the said Commissioner shall issue such license, he shall satisfy himself that such agent is authorized by some reputable insurance company to do business in this State and the Commissioner shall be advised and convinced as to the moral character and integrity of such applicant for license. The license of any soliciting agent may be revoked at any time by the Insurance Commissioner in his discretion. Requisites to obtain license. Revocation. SEC. 8. Be it further enacted, That it shall be unlawful for any person, firm or corporation to make or cause to be made any fraudulent or false representations as to the

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form, nature and character of the policy offered for sale, and any person selling a different form or character of policy from that which he represents himself as selling, or makes any other material misrepresentation as to the benefits accruing under any policy which he sells or offers for sale, shall be deemed guilty of a misdemeanor and punished as provided in Section 1065 of the Code of 1910, and any note or other evidence of debt given in consideration of said policy shall be null and void and any premiums paid on such policy may be recovered by such policyholder in any Court having jurisdiction thereof. False representation unlawful. Punishment. SEC. 9. Be it further enacted, That the Commissioner shall annually in the month of December furnish to each of the insurance companies authorized to do business in this State and required to make annual statements to the Department, two or more blanks in form approved by him and adapted for such statements. Blank forms furnished for reports. SEC. 10. Be it further enacted, That any director, officer, agent or employee of any company who wilfully and knowingly subscribes, makes or concurs in making any annual or other statement required by law containing any material statement which is false shall be deemed guilty of a misdemeanor and punished as provided in Section 1065 of the Code of 1910. It shall be the duty of the Insurance Commissioner to report all such misrepresentations and false statements to the Solicitor-General of the Circuit in which they occur. False statements, punishment for. SEC. 11. Be it further enacted, That whoever without justifiable cause neglects upon legal summons served within this State to appear and testify before the Commissioner or his examiner in the examination of any company as

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provided in this Act, and whoever wilfully and without just cause obstructs the Commissioner, his deputy or examiner, in any such examinations, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year. It shall be the duty of the Insurance Commissioner to report any and all such offenses under this Section to the Solicitor-General of the Circuit in which it occurs. Neglect of summons or obstruction of Commissioners, punishment for. SEC. 12. Be it further enacted, That the Insurance Commissioner may invoke the aid of any Court of competent jurisdiction through injunction or other proceedings, mandatory or otherwise, to enforce any order made or action taken in pursuance of the law, and nothing contained in the insurance laws of this State shall be construed to prevent any company or person affected by any order or action of the Insurance Commissioner from testing the validity of same in any Court of competent jurisdiction. Orders, how enforced. SEC. 13. Be it further enacted, That the Insurance Commissioner shall have full power and authority to prescribe such additional reasonable rules and regulations as he may deem proper for the control and government of all insurance companies mentioned in this Act. It shall be the duty of such companies to comply fully with such rules and regulations before they shall procure any business in this State, either directly or indirectly, or to continue to do business in this State. Rules and regulations. SEC. 14. Be it further enacted, That stock companies or corporation for the purpose of doing an industrial, life, health or accident insurance business or for the purpose of doing either of said business, may be created under the laws of this State, with a minimum capital stock of

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$25,000.00, provided, that the petitioners for such charter shall comply with the laws of this State applicable to the incorporation of insurance companies as set out in Section 2394 et sequitor, Chapter 2, Article 4, of the Code of 1910, except that the minimum capital stock may be $25,000.00 and that said company so organized may do any or all branches of said business without increasing its capital stock, though it shall have all the power, rights and privileges conferred upon life insurance companies under the aforementioned Section of the Code, except that it shall not be authorized to write ordinary life insurance, nor shall it be permitted to write any policy whatever exceeding the amount of $500.00. Before being authorized to do business, the said company shall deposit with the Treasurer of the State of Georgia an amount equal to 60 per cent. of its capital stock, consisting of United States bonds, State, County or municipal bonds. Industrial, life, health, or accident companies, how incorporated. Rights and powers. Deposit required. SEC. 15. Be it further enacted, That any corporation organized in pursuance of the preceding Section may be authorized to do an ordinary life insurance business by complying with the requirements of the laws applicable to life insurance companies and by filing its certificate with the Secretary of the State showing that it has made the deposit required for life insurance companies, has procured a license from the Insurance Commissioner, and has complied with the other requirements of life insurance companies. Industrial, etc., companies may do life insurance, when. SEC. 16. Be it further enacted, That any mutual, industrial, life, health or accident insurance company now existing under the laws of Georgia, or which may hereafter be organized under the laws of this State, may become a stock company by filing a certificate with the Secretary of State,

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showing that three-fourths of its outstanding policyholders have voted in lawful meeting assembled to become a stock company, and that the capital of said company is fixed at not less than $25,000, and that the other requirements of the laws of this State in this behalf have been complied with; provided, however, that no publication or petition for charter shall be required in such instance, except as is hereinafter provided. Policyholders in mutual companies may vote by proxy at meetings held for the aforementioned purpose. Said stock company when organized as aforesaid shall have all the power and authority as though it had been originally organized as a stock corporation. The managing agent of each insurance company in this State shall on October 1st, 1912, and each three months thereafter file with the Insurance Commissioner a statement showing the agents of his company, the amount paid for the license of each agent, and the date of its payment, which statement shall be verified by such managing agent. Industrial, etc., companies may become stock companies, how. Power and authority. Statement showing agents. SEC. 17. Be it further enacted, That the officers of the Insurance Department heretofore mentioned shall be paid the following salaries: The Insurance Commissioner, $3,000.00 per annum; the Deputy Insurance Commissioner, who shall be a man of actuarial experience, $3,000 per annum; and the additional Clerk of the Department, $1,500.00 per annum. All of said sums to be paid out of the State Treasury as is now provided by law for the payment of salaries of all State House officers, and the said officers of the Insurance Department herein enumerated shall not receive any other fees or compensation whatsoever. Provided, that in no event shall the salaries paid said officials exceed the fees received under the provisions of this Act. Compensation of officers.

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SEC. 18. Be it further enacted, That all fees, license taxes and other dues and taxes now imposed by the laws of this State and by this Act on insurance companies, shall be collected as now provided by law, and paid into the State Treasury as hereinbefore provided. Fees, taxes, etc. SEC. 19. Be it further enacted, That no officer, agent or other person selling, or negotiating stock in any insurance company in this State shall receive either directly or indirectly more than ten per cent. of the sales of any of said stock. No president, vice-president, secretary, treasurer, or director or any other executive officer of any insurance company shall participate in the commissions received by any person selling, negotiating the sale of any stock of any insurance companies either directly or indirectly, nor shall any salaried officer of any insurance company doing business in this State participate in the commissions arising from the sale of life insurance policies or agency contracts of such companies. Commission on sale of stock limited to ten per cent. Officers prohibited from participating in commissions. SEC. 20. Be it further enacted, That no insurance company or insurance agent doing business in this State shall enter into any contract to rebate any insurance premium or any part thereof of any insured or other person. No person shall sell or offer for sale in Georgia and no insurance company shall do business in this State which sells or offers for sale to the public any special contract, board contract or any other form of policy or contract whereby any discrimination in any form or character is allowed to any particular person or persons; provided, however, that until the first day of January, 1915, the provisions of this Section shall not apply to any life insurance company now in the process of formation under commission from the Secretary of State which will do a non-participating business

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only. Any insurance company violating the provisions of this Section shall be subject to have its license revoked as hereinbefore provided. Any person acting as agent for any insurance company and the party receiving the benefit of any such rebate or discrimination in violation of this Section shall be deemed guilty of the offense of misdemeanor and shall be punished as provided in Section 1065 of the Penal Code of 1910. Rebates prohibited. Discriminating contracts prohibited. License revoked, when. Penalty for violation. SEC. 21. Be it further enacted, That all insurance companies except companies writing policies of insurance on the industrial plan writing life insurance in this State, including fraternal orders and all other associations, shall be required to have made a strict medical examination of each and every person applying for life insurance. Such persons shall submit to such reasonable rules and regulations as may be prescribed by such insurance companies for the purpose of making such examinations, and after a policy is issued on the life of such person, the beneficiary of such policy shall be entitled to collect the amount of such policy under the terms of the contract when it matures unless the applicant or beneficiary has been guilty of actual fraud or has made material misrepresentations in procuring such policy, which misrepresentations change the character and nature of the risk as contemplated in the policy so issued by the company. All statements, covenants and representations contained in applications for insurance shall never be held or construed to be warranties, but shall be held to be representations only. Medical exminations. What may void contract. SEC. 22. Be it further enacted, That any person or persons incorporated for the purpose of soliciting or writing life insurance in Georgia or for the purpose of offering their stock in said company for sale to the public before

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procuring a license for such incorporation, shall comply with such reasonable rules and regulations as the Insurance Commissioner may in his discretion prescribe. Observation of rules prerequisite to license. SEC. 23. Be it further enacted, That each and every fire insurance company doing business in this State shall adopt and write a standard or uniform policy, such as may be prescribed by the Commissioner, and it shall be unlawful to issue any other class of policy in this State; provided, however, that local assessment fire insurance companies doing business in not more than four Counties in a division in the State of Georgia, may issue and write such form of policy as may be prescribed by the Commissioner. Standard form of policy for fire insurance. Exceptions. SEC. 24. Be it further enacted, That the Commissioner shall have the power, as hereinbefore provided, to appoint a competent person to be known as Fire Inspector, and when any property is destroyed or damaged by fire and the Commissioner deems it proper to have the cause of such fire investigated, he shall cause said inspector to make a thorough investigation of all the facts connected with such fire and report to him in writing under oath. Such inspector, when in his opinion such proceedings are necessary, shall take the testimony of all persons supposed to be cognizant or have information or knowledge in relation to the matter as to which the examination is herein required to be made, and he shall cause the same to be reduced to writing, and if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, he shall cause such person to be arrested on a warrant and cause the same to be fully investigated before an officer as is now provided for committal trials, or he shall furnish the Solicitor-General of the Circuit in which the fire occurred all such facts, together with the names of witnesses

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and all the information obtained by him in such investigation. Such Fire Inspector appointed to conduct such examination shall have the same power as Justices of the Peace for the purpose of summoning before him in the county where the fire occurred and compelling the attendance of witnesses to testify in relation to any matter which by the provisions of this Act is the subject of investigation. Said fire inspector shall have the right to administer oaths to witnesses appearing before him and shall have the power to compel witnesses to answer questions pertaining to any investigation as now provided by law for committal Courts, and said inspector shall have all the power now conferred by law on courts of inquiry in this State in the investigation of any matter coming before him under this Act. Fire Inspector. Duties. Powers. SEC. 25. Be it further enacted, That said Fire Inspector for the purpose of making the investigation required by this Act, shall have authority to go upon the premises where the fire occurred and make investigation as to the cause and origin of fire. Inspector's authority to go upon premises. SEC. 26. Be it further enacted, That the Insurance Commissioner shall have power to prescribe the compensation of the Fire Inspector for all examinations required by this Act, and said compensation shall be paid and all other expenses incurred in such examination shall be defrayed by the fire insurance companies doing business in this State, and a tax of not more than one-tenth of one per cent. in the discretion of the Insurance Commissioner on the gross premium receipts of all such companies is hereby levied for this purpose, to be collected by the Insurance Commissioner as other taxes on premiums are now collected. The Insurance Commissioner shall keep a separate account of all

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moneys received and disbursed under the provisions of this Section and shall include them in his report to the Legislature, provided, that should the amount thus collected in any one year be in excess of the amount required to meet the expenses herein contemplated, such excess shall be held subject to the order of the Commissioner to be used for the same purpose in the succeeding year, provided Sections 25 and 26 shall not apply to assessment farmers co-operative fire companies doing business in this State in not more than four counties in a division. Inspector's compensation, how prescribed and paid. SEC. 27. Be it further enacted, That before any surety, or bonding company shall write any bonds in this State, it shall be required to deposit the sum of $25,000 with the State Treasurer, conditioned as is now provided by law for the deposits required of such companies in writing bonds of public officials of this State. Provided, That whenever any such company shall have already deposited $25,000.00 as now provided by law for writing bonds of public officials it shall not be required to deposit an additional sum. Bonding companies, deposit required. SEC. 28. Be it further enacted, That the sum of $7,500.00, or so much thereof as may be necessary, be appropriated annually, and the same is hereby appropriated for the payment of all salaries herein provided for and fixed for the first year's service under this Act. Appropriation for payment of salaries. SEC. 29. Be it further enacted, That whenever any domestic life insurance company (a) is insolvent; or (b) has unlawfully refused to submit its books, papers, accounts, or affairs to the reasonable inspection of the Commissioner or his deputy or examiner; (c) or, in the case of a capital stock company, has neglected or refused to observe an order of the commissioner to make good within the time prescribed

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by law, any deficiency of its capital, or, in the case of a mutual company, if its assets have not become equal to its liabilities within ninety (90) days from the date of notification thereof by the Commissioner; or, (d) has, by contract of reinsurance or otherwise, transferred or attempted to transfer substantially its entire property or business, or entered into any transaction the effect of which is to merge substantially its entire property or business in the property or business of any other company, association, society or order without having first obtained the written approval of the Commissioner; or (e) is found, after an examination, to be in such condition that its further transaction of business will be hazardous to its policyholders, or to its creditors, or to the public; or (f) has wilfully violated its charter or any law of the State; or (g) whenever any officer thereof has unlawfully refused to be examined under oath touching its affairs, the Commissioner may, the Attorney-General representing him, apply to the Circuit Court or any judge thereof in the judicial district in which the principal office of which such company is located, for an order directing such company to show cause why the Commissioner should not take possession of its property and conduct its business, and for such other relief as the nature of the case, the interest of its policyholders, creditors, stockholders or the public may require. Commissioner shall take possession of property and conduct business of companies, when. On such application, or at any time thereafter, such Court may in its discretion, issue an injunction restraining such company from the transaction of its affairs or disposition of its property until the further order of the court. On the return of such order to show cause, the court shall hear, try and determine the issues forthwith and shall either deny the application or direct the Commissioner to take possession of the property, conduct the business of such

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company and retain such possession and conduct such business until on the application of either the Commissioner, the Attorney-General representing him, or such company, it shall, after a like hearing, appear to the court that the ground for such order directing the Commissioner to take possession has been removed, and that the company can properly resume possession of its property and the conduct of its business. Injunctions granted, when. If on like application an order to show cause and after like hearing the Court shall order the liquidation of the business of such company, such liquidation shall be made by and under the direction of the Commissioner, who may deal with the property and business of such company in his own name as Commissioner or in the name of the company as the court may direct, and the Commissioner shall be vested by operation of law with title to all the property, contracts and rights of action of such company, as of the date of the order so directing him to liquidate. The filing or recording of such order in the office of the Clerk of the Superior Court of the county wherein said liquidation is made, shall impart the same notice that a deed, bill of sale or other evidence of title duly filed or recorded by such company would have imparted. Liquidation. For the purpose of this Section the Commissioner shall have power to appoint under his hand and official seal one or more special Deputy Commissioners of Insurance as his agent or agents and to employ such counsel, clerks and assistants, as may by him be deemed necessary and give each of such parties such powers to assist him as he may consider wise. The compensation of such Deputy, Special Commissioners, counsel, clerks and assistants and all expense of taking possession of and conducting the business of liquidating any such company shall be fixed by the Commissioner

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subject to the approval of the court, and shall on certificate of the Commissioner be paid out of the funds or assets of such company. For the purpose of this Section the Commissioner shall have power subject to the approval of the court to make and prescribe such rules and regulations as to him may seem proper. The Commissioner shall transmit to the Legislature in his annual report the names of the companies so taken possession of, whether the same have resumed business or have been liquidated, or such other facts as shall acquaint the policyholders, creditors, stockholders and the public with his proceedings under this Section, and to that end the Special Deputy Commissioner in charge of any such company shall file annually with the Commissioner a report of the affairs of such company, similar to that required by law to be filed by such company. Annual report shall be made of all companies taken charge of or liquidated. SEC. 30. Be it further enacted, That immediately upon the granting of the charter to any insurance company, and before it offers for sale any of its capital stock, such company so receiving a charter in this State or being chartered in any other State and offering its stock for sale in this State, before it has been organized and procured a license to do business in this State, shall come under the supervision of Insurance Commissioner, and shall collect, hold and disburse its funds under such rules and regulations, as Insurance Commissioner may prescribe. The Insurance Commissioner shall give directions as to all use of funds so collected until same are invested as the law directs and the company fully organized and licensed to do business in the State, thereby becoming subject to the rules and regulations hereinbefore provided. Supervision of companies by Commissioner.

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SEC. 31. Every insurance company organized under and doing business by virtue of the laws of this State shall have authority to invest its money or assets in and make loans on bonds of the United States, or of any State, county or city therein, first lien on improved real estate in any of the States of the United States, not exceeding fifty per, centum of the value of such property; promissory notes amply secured by pledge of securities in which such companies are authorized to invest their funds; loans on their own policies not exceeding the reserve thereon, and invest in buildings for home office purposes. Provided, however, that nothing herein contained shall authorize any such company to invest in any other than this State more than the legal reserve value of policies, held in such other States, respectively. Provided, further, that all such investments shall first be approved by the Insurance Commissioner of Georgia, except in case of loans on policies of the company not exceeding the reserve of the policy at the time of the loan, and in any other securities approved of by the Insurance Commissioner. Investments. SEC. 32. Be it further enacted, That any person or persons acting as agents for any such companies as contemplated in the previous Section, who shall knowingly and wilfully violate the provisions of the foregoing Section, shall be deemed guilty of a misdemeanor, and punished as provided in Section 1065 of the Code of 1910. Punishment for violating provisions of preceding section. SEC. 33. Be it further enacted, That the Board of Directors of all life insurance companies chartered by the laws of this State shall consist of not less than five nor more than twenty members, a majority of whom must be bona fide residents of this State, and the majority of which Board

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shall constitute a quorum for the purpose of transacting business. Board of Directors. SEC. 34. NON-RESIDENT FRATERNAL ORDERS. Be it further enacted, That fraternal beneficiary societies or organizations chartered under the laws of other States or foreign governments, except societies which limit their membership to any one hazardous occupation, shall not be allowed to do business in this State with a membership of less than 1,000 members, and they shall be required to submit evidence to the Insurance Commissioner that they have in cash or approved securities at least one assessment on said membership. Said societies or associations shall file with Insurance Commissioner of this State a certified copy of the rates charged on classes of policies being issued by them. Said societies or associations shall stipulate definitely in the face of the policy the amount to be paid to the beneficiaries under said policies, and said amount shall not be contingent upon the amount collected from the membership of any division or branch of said society or association. No policies shall be issued by such societies or associations without subjecting applicants for insurance to medical examination. Non-resident fraternal orders. The Insurance Commissioner is hereby authorized to investigate fully the financial condition of such societies or associations, and if in his judgment, the management of their affairs is not such as to justify the issuance of a license to said society or association, he is hereby fully empowered to decline to license such societies or associations, and in case they have already been licensed to revoke their authority to do business in this State as hereinbefore provided for the revocation of license of insurance companies. In the event such societies or associations fully comply with all

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the requirements of the laws of this State, they may be licensed to do business in Georgia upon the payment of a license fee of $40.00. License. License fee. SEC. 35. DOMESTIC FRATERNAL ORDERS. Be it further enacted, That domestic fraternal beneficiary societies or associations shall be chartered by the Secretary of State, and shall conform to all the requirements of the Act of 1893 with reference to the incorporation of insurance companies except that they shall not be required to have any capital stock. Domestic fraternal orders. When such companies or associations have been duly chartered by the Secretary of State and have received a certificate from said officer of their incorporation, upon application to the Insurance Commissioner, they may be authorized by said officer to solicit applications for membership in said societies or associations, under such rules and regulations as may be prescribed by the Insurance Commissioner. When such societies or associations have obtained not less than 300 bona fide applications for insurance, the advance assessments on which have been paid, and a list of the subscribers with their postoffice address and the amount of their advance assessments has been submitted to the Insurance Commissioner, and by him verified, together with affidavit that said assessments are deposited with some bank or trust company duly certified by said bank or trust company, the Insurance Commissioner, if satisfied that the character of the officers of such societies or associations guarantees honest and efficient management of the association's affairs, shall issue license to such societies or associations to do business in this State upon the payment of a license fee of $40.00. No policies shall be issued by such societies or associations without subjecting

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applicants to medical examination. The Insurance Commissioner is hereby authorized to investigate fully the financial conditions of such societies or associations at any time, and if in his judgment the management of the affairs of such society or association is not such as to justify the issuance of the license, he is hereby fully empowered to refuse license to such societies or associations, and in case they have already been licensed such license may be revoked, as hereinbefore provided for the revocation of license of insurance companies. Licenses. License fee. Licenses may be refused or revoked, when. All foreign or domestic fraternal companies, corporations, orders, associations and beneficiary societies soliciting business in this State must have a representative form of government. Any such company, corporation, order, association or beneficiary society shall be deemed to have a representative form of government when it shall provide in its constitution and laws for a supreme legislative or governing body composed of representatives elected either by the members or by delegates elected either directly or indirectly by the members together, with such other members as may be prescribed by its constitution and laws; provided, that the elective members shall constitute a majority in number, and have not less than two-thirds of the vote, nor less than the votes required to amend its constitution and laws. No member of any domestic insurance fraternity, who is a director or manager of such insurance fraternity, shall have a contract for fees or premiums from such fraternity. Form of government. SEC. 36. Be it further enacted, That all industrial life insurance companies chartered under the laws of this State to do business on the mutual co-operative or assessment plan, and limiting their policies to the sum not exceeding

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$500.00, shall stipulate definitely in the face of the policies the amount to be paid to the beneficiaries under said policies in the event of the death of the assured. In no event shall payments to beneficiaries by such companies be contingent upon the number of policyholders in the company nor on the number in any division or branch of such company. The intention of this law being to require the payment of the full face of the policy as stipulated therein with out regard to the sub-divisions of the membership by such insurance companies in the management of their affairs. No policies shall be issued by such companies without subjecting applicants for such insurance to medical examination. It shall be the duty of the Insurance Commissioner to investigate the rates of premiums which are to be charged by all such companies and he is hereby authorized to require said companies to charge such rates as are adequate to pay their policies at maturity. Provided, that companies doing business on the industrial plan shall not be required to have medical examiners. Industrial life companies conducted on mutual or assessment. Plan, regulation and requirements. SEC. 37. Be it further enacted, That life insurance companies chartered by the laws of this State to operate on the mutual co-operative or assessment plan without limitation as to the amount for which policies of said company are to be issued, shall stipulate definitely in the face of the policies the amount to be paid to the beneficiaries on the said policies in the event of the death of the assured. In no event, shall payments to beneficiaries by such companies be contingent upon the number of policyholders in the company or on the number in any division or branch of such company. The intention of this law being to require the payment of the full face of the policy as stipulated therein without regard to sub-divisions of the membership of such insurance companies in the management of their affairs.

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No policy shall be issued by such companies without subjecting applicants for such insurance to medical examination. It shall be the duty of the Insurance Commissioner to investigate the rates of premiums which are to be charged by all such companies, and he is hereby authorized to require said companies to charge such rates as are deemed by him adequate to pay their policies at maturity. Life insurance or mutual plan, regulations and requirements. SEC. 38. Be it further enacted, That from and after the passage of this Act no income or guarantee fund certificates, as provided for in the Act approved August 16, 1909, shall be issued in this State; provided, that the provisions of this Section shall not apply to insurance companies now chartered and organized in this State and issuing and selling such certificates until the first day of January, 1913, and said Act being entitled An Act to fix the amount of solvent assets, which mutual aid, benefit and industrial life insurance companies shall have and maintain; to provide a method by which said companies, organized under the cooperative or mutual assessment plan, may procure such assets; and to provide for the manner of investing the assets of such companies; to provide for an examination of such companies by the Insurance Commissioner, and for other purposes, which Act provides for the issuing of such certificates, be and the same is hereby repealed. Income or guaranty certificates, Act repealed, with exceptions. SEC. 39. Be it further enacted, That all insurance companies chartered under the laws of this State to do a fire insurance business upon the mutual, co-operative or assessment plan, shall before receiving a license from the Insurance Commissioner, deposit with the State Treasurer of Georgia registered bonds of the United States or of the State of Georgia or county or municipal bonds of this State, registered and validated in the sum of $10,000.00. Said deposit to be made under the same conditions that deposits

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of non-resident fire insurance companies are made with the State Treasurer; provided, that this shall not apply to such companies as operate in not more than four counties in a division in this State, or to farmers' co-operative companies doing fire insurance business in this State on the assessment plan where their policies stipulate that all the property, real and personal, of the policyholders is pledged for the payment of the policy. Fire insurance companies, mutual, deposit required. Exceptions. Such companies shall always have in good assets an amount equal to the unearned premium liability of the company required of all classes of fire insurance companies by the laws of this State. All policies issued by such companies shall embrace what is termed an emergency clause, whereby the company reserves the right to call for extra assessments from its policyholders whenever the contingency arises. Samples of all policy contracts to be used by such companies shall, before issuance, be submitted to the Insurance Commissioner for his approval. Amount of assets required. Emergency clause. SEC. 40. 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 19, 1912. LIENS, PRIORITY OF. No. 490. An Act to protect persons purchasing property or obtaining contractual liens thereon, from devisees, legatees and heirs at law of deceased persons as to prior unrecorded liens and conveyances created or executed by said deceased persons.

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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 all innocent persons, firms or corporations acting in good faith and without actual notice who purchase for value, or obtain contractual liens, from distributees, devisees, legatees, or heirs at law, holding or apparently holding land or personal property by will or inheritance from a deceased person shall be protected in the purchase of said property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by said deceased person upon or to said property in like manner and to the same extent as if the property had been purchased of or the lien acquired from the deceased person. Priority of Liens. SEC. 2. Be it further enacted, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 17, 1912. LOANS TO BE REPAID IN MONTHLY INSTALLMENTS, INTEREST ALLOWED. No. 505. An Act to authorize any person lending money to be repaid on the installment plan to aggregate the principal and interest for the entire period of the loan at not exceeding six per cent. per annum for the entire time, and to take security therefor by mortgage, or title, or both, and to make such security valid, and such contracts not usurious, 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 thereof: SECTION 1. That any persons, natural or artificial in this State, lending money to be paid back in monthly installments may charge interest thereon at six per cent. per annum or less, for the entire period of the loan, aggregating the principal and interest for the entire period of the loan, and dividing the same into monthly installments, and may take security therefor by mortgage with waiver of exemption, or title, or both, upon and to real estate or personal property or both, and the same shall be valid for the amount of the principal and interest charged and such contracts shall not be held usurious. Rate of interest allowed on loans to be repaid in monthly installments. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of lands in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. MILITIA, ACT TO PROMOTE EFFICIENCY OF. No. 525. An Act to further promote the efficiency of the militia, 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 chaplains and medical officers recommissioned to their same offices shall take rank from the date of their original commission. Chaplains and medical officers.

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SEC. 2. Be it enacted by the authority aforesaid, That where company courts-martial are referred to under the title of Public Defense in Volume 11, Code of Georgia, 1910, it shall be construed to mean summary courts-martial; and that all fines assessed by such Courts shall be paid into the treasury of the organization of which the accused is a member, where possible to do so; otherwise, to be paid into the military fund of the State. Courts-martial. SEC. 3. Be it enacted by the authority aforesaid, That the qualifications for appointment of any non-commissioned officer in the Hospital Corps shall be such as may be provided for in regulations made by the Governor. Non-commissioned officers in Hospital Corps. SEC. 4. Be it enacted by the authority aforesaid, That the field officers of regiments and battalions shall be elected by the commissioned officers thereof. Field officers, how elected. SEC. 5. Be it enacted by the authority aforesaid, That the Governor may appoint and commission his Private Secretary as Aide-de-Camp without regard to previous military service. Aide-de-Camp. SEC. 6. Be it enacted by the authority aforesaid, That the Board of Survey authorized in Section 1430, Volume 11, Code of Georgia 1910, shall be composed of such number as may be prescribed by U.S. Army Regulations; and that findings of such Board when apporved by the Governor shall constitute a judgment against the responsible officer or enlisted man and shall be enforced in a manner similar to judgments of other Courts. Board of Survey. SEC. 7. Be it enacted by the authority aforesaid, That all officers and enlisted men on the active list shall be honorably retired from the military service upon reaching

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the age of sixty-four years and their names placed on the retired roll with the highest rank held by them in the National Guard of this State; provided, that any Aide-de-Camp to the Governor above the age of sixty-four may continue to serve during his present term of office. Retired officers and enlisted men. SEC. 8. Be it enacted by the authority aforesaid, That the enclosures to the annual report of the Adjutant-General shall be such as may be from time to time prescribed by the Governor. Adjutant-General, enclosures to annual report of. SEC. 9. Be it enacted by the authority aforesaid, That upon the creation of new units for the National Guard they shall be organized and officered as provided in Section 1380, Volume 11, Code of Georgia, 1910. New units for National Guard. SEC. 10. Be it enacted by the authority aforesaid, That the Adjutant-General's office shall be the depository of all military records and all such records now in the custody of other departments shall be transferred to the Adjutant-General for preservation, and he shall have them indexed and made available for ready reference; and upon the disbandment of any organization of the National Guard all records will be returned to the Adjutant-General for preservation. Military records. SEC. 11. Be it enacted by the authority aforesaid, That the Governor is authorized to provide a reserve of arms and equipment sufficient for a regiment for State duty in the event of all regiments of the National Guard being called into United States service. Reserve of arms. SEC. 12. Be it enacted by the authority aforesaid, That in times of war requirements regarding qualifications for

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enlistment shall be such as may be provided for in regulations by the Governor or the United States. Enlistments in times of war. SEC. 13. Be it enacted by the authority aforesaid, That officers appointed in the several Staff Departments for duty with the Brigade Staff shall hold office on the same terms as staff officers of regiments and battalions. Officers appointed in staff departments, terms of. SEC. 14. Be it enacted by the authority aforesaid, That in times of riot, or danger thereof, all military messages shall have right of way over telephone and telegraph lines. Military messages, right of way of. SEC. 15. Be it enacted by the authority aforesaid, That officers in the Military Department of the State are hereby authorized to accept and use railway passes on official business of the State. Railway passes. SEC. 16. Be it enacted by the authority aforesaid, That any officer or soldier who has served five years in the organized militia of this State, or who may hereafter serve this period, may count any service which he may have had in the National Guard of other States or in the United States Army towards the service required for retirement or for issue of service medals. Service, how counted. SEC. 17. Be it enacted by the authority aforesaid, That the flags of the Georgia State regiments engaged in the Spanish-American War shall be displayed in the corridors of the Capitol in a manner similar to those of the State Confederate regiments. Spanish-American war flags, display of. SEC. 18. Be it enacted by the authority aforesaid, That the expenses of troops in aid of civil authority shall not be paid from funds appropriated for the regular expenses of the National Guard. Expenses of troops to aid civil authority.

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SEC. 19. Be it enacted by the authority aforesaid, That during a period of war when engaged in raising troops for the United States service, the salary of the Adjutant-General and other officers and enlisted men on duty in the military department of the State shall be the same as for like grades in the United States Army. Officers' salaries when raising troops for U. S. service. SEC. 20. Be it enacted by the authority aforesaid, That all obsolete and unserviceable military property in which the United States Government has no title shall be surveyed and disposed of in a manner prescribed by the surveying officer after approval by the Governor. Disposal of unserviceable military property. SEC. 21. Be it enacted by the authority aforesaid, That all laws or parts of laws, general or special, in conflict with this Act be, and the same are, to the extent of such conflict, hereby repealed. Approved August 16, 1912. OIL INSPECTORS, DUTIES OF. No. 570. An Act to prescribe for the inspection of gasolines, benzines and naphthas, providing for the fees, tests, 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 it shall be the duty of all inspectors of illuminating oils to inspect all gasolines, benzines and naphthas sold or offered for sale in this State. Oil inspectiors, duties of.

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SEC. 2. Be it further enacted by the authority aforesaid, That all inspectors shall receive the same compensation for inspecting gasolines, benzines and naphthas as is provided for in the inspection of illuminating oils. Each inspector shall keep a record of the amount of gasolines, benzines and naphthas inspected, with the name of the person, firm or corporation for whom said inspection is made, and also all the moneys received by him for said inspection. He shall also forward monthly reports on the first of each month to the Commissioner of Agriculture and shall at the same time forward to the Treasury of the State all moneys received by him as fees during that time, except what he is entitled to retain as his compensation. The entire compensation of any inspector, including all services rendered the State, shall not exceed one hundred dollars per month. Compensation for inspecting gasolines, etc. Reports. Entire Compensation. SEC. 3. Be it further enacted by the authority aforesaid, That for the purpose of this Act, gasolines, benzines and naphthas shall be deemed to be subject to the same supervision and control as is now provided for illuminating oils, except that the inspectors are not required to test them other than to ascertain their specific gravity at 60 degrees Fahrenheidt, and it shall be unlawful for any manufacturer, dealer or vender, to sell, offer for sale or keep in storage any petroleum product known as gasoline, benzine or naphtha, unless he shall label any casks, barrels or packages containing such product with figures denoting their gravity and the words Gasoline, Benzine or Naphtha in large red letters at least one and one-half inches in size. Provided, that this requirement as to labeling shall not apply to car tanks, storage tanks or delivery wagons. Gasolines, benzines and naphthas subject to supervision. Labels required. Upon failure to comply with the foregoing provisions, the offending person shall be deemed guilty of a misdemeanor,

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and upon conviction thereof, shall be punished as prescribed in Section 1065 of the Code of Georgia, and if any manufacturer, vender or dealer shall adulterate any gasoline, benzine or naphtha with any injurious matter or by increasing the bulk thereof by the addition of water thereto, he shall be subject to a like penalty and shall be further liable to any party who may be injured for any resultant damages, to be recovered in a civil action. Punishment. Adulterations prohibited. Punishment. SEC. 4. Be it further enacted by the authority aforesaid, That the following shall be the legal schedule of fees for official inspection of gasolines, benzines and naphthas in this State: For inspecting lots of four hundred gallons and upwards, one-half cent per gallon; for inspecting in quantities of more than two hundred and less than four hundred gallons, one cent per gallon; for inspecting in quantities of less than two hundred gallons, one and one-half cent per gallon. There shall be no difference of charges in cases where the oil inspected is in barrels from charges where the oil is in bulk. The fees herein prescribed shall be paid by the owners of the gasolines, benzines and naphthas at the time inspections are made. Schedule of fees for official inspection of gasolines, benzines and naphthas. SEC. 5. Be it further enacted by the authority aforesaid, That every person dealing at retail in gasolines, benzines and naphthas in this State, shall after the first day of January, 1913, deliver same to the purchaser only in barrels, casks, cans, or packages designated by labels securely pasted or attached thereto with the words Gasoline, Benzine or Naphtha, Dangerous, Inflammable, printed in bright red ink; provided, however, that this Section does not apply to tank wagons, or to car tanks or storage tanks. Nothing in this Section shall prevent

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dealers from delivering gasoline by pumping or pouring same into automobiles. Labels. SEC. 6. Be it further enacted by the authority aforesaid, That no dealer shall deliver kerosene in barrels, casks, cans or packages stenciled as set forth in Section 5 of this Act. Kerosene not stenciled. SEC. 7. Be it further enacted by the authority aforesaid, That any person violating the provisions of Sections 5 and 6 of this Act shall be punished with a fine of not more than $50.00 (fifty dollars) or imprisonment not to exceed thirty days, one or both, in the discretion of the Court. Punishment for violation of Secs. 5 and 6. SEC. 8. Be it further enacted by the authority aforesaid, That the Commissioner of Agriculture shall cause to be enforced the provisions of this Act, and shall have the authority to make such rules and regulations governing the inspection, sale and storage of gasolines, benzines and naphthas as in his judgment will effectively carry out all provisions of this Act. Provisions of this Act enforced by Commissioner of Agriculture. 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 19, 1912.

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PROMISSORY NOTES, GIVEN FOR CERTAIN STOCKS, CONSIDERATION MUST BE EXPRESSED IN FACE. No. 492. An Act requiring all promissory notes or other contracts taken for the purchase price of any gold mining stock, silver mining stock, oil well stock, insurance stock, or any other stock, in any incorporated company, domestic or foreign, when sold by any peddler, agent or traveling salesman or promoter, traveling for the purpose of making sales of such articles or stocks, to have expressed in the face of such notes or contracts the consideration or kind of stock for which the same was given, and to render such notes or other contracts void without so doing, and providing that all purchasers of such notes or contracts, where the consideration is so expressed, and whether before due or not, shall take the same with due notice and subject to all the equities and defences existing between the original parties, and to provide a penalty for failure to comply with this Act. 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 all promissory notes, contracts or other evidences of debt, taken by any person, company or corporation, agent or promoter, for the purchase price of any gold mining stock, silver mining stock, oil well stock, insurance stock, or any other stock, in any incorporated company, domestic or foreign, and sold by any peddler, agent or traveling salesman or promoter, traveling for the purpose of making

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sales, shall have expressed on the face of such notes, contracts or other evidence of debt, the consideration of the same, stating for what the same was given; provided, this Act shall not apply to sales after the original purchase price has been paid and certificates of stock have been issued. Corporation stock sold by promoters. SEC. 2. Be it further enacted, That any person, firm or corporation who may purchase any note, contract or other evidence of debt, given for any of the stock set forth in Section 1 of this Act, when the consideration is expressed in the face of the note or contract as required in Section 1, whether before due and without notice, or otherwise, where the consideration is so expressed, shall take the same with all the equities existing between the original parties and the maker of such note, contract or other evidence of debt and the maker shall have the right to make any defense to the payment of same as against such purchasers that could have been made against the original payee. SEC. 3. Be it further enacted by the authority aforesaid, That any person or corporation violating the provisions of this Act by selling any of the stocks mentioned in this Act without expressing in the face of the notes or contracts or other evidence of debt the consideration for which the same was given shall be guilty of a misdemeanor, and on conviction shall be punished as provided by Section 1065 of the Penal Code of 1910. Punishment. SEC. 4. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912.

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PUBLIC WEIGHER AND GRADER OF COTTON PROVIDED FOR. No. 547. An Act to provide for the appointment of a public weigher and grader of cotton in each cotton county within the State of Georgia, to provide for his pay, 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 upon the application or petition of at least fifty citizens or producers of cotton in any county within the State of Georgia, made to the County Commissioners of a county when they administer the affairs of a county, or to the Ordinary of the county when he administers the affairs of the county, he or they shall appoint one competent and discreet person who shall be known as the Public Weigher and Grader of Cotton in such county. Upon his appointment by them, they shall issue to him a commission authorizing him to weigh and grade all cotton that may be brought to him for such purpose by the citizens of said county; provided he shall first take an oath to faithfully perform the duties of such weigher and grader, and give bond conditioned upon the accurate and faithful performance of his duty subject to be enforced by any person that shall be damaged on account of a failure in the performance of his duty. Said recovery to be had in any Court of this State having jurisdiction of the parties and subject matter. Public weigher and grader of cotton. Bond. SEC. 2. Be it further enacted by authority aforesaid, That said weigher and grader shall be authorized when it

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becomes necessary to appoint a deputy or deputies to act within said county to assist him in weighing and grading of cotton. In the appointment of such deputies he shall not appoint any one who is not of good character and competent to perform such duties. Deputies. SEC. 3. Be it further enacted, That as compensation for the weighing, grading, issuing certificates, as to weights and grades, and stamping same upon the bale of cotton, such weigher and grader shall have for such service, and be allowed to charge the party desiring to have said cotton weighed and graded the sum of twenty cents per bale. It shall be the duty of the weigher and grader or his deputy, upon their appointment, to provide a platform and scales with ample facilities for handling cotton with speed and at a minimum cost, at which platform or platforms, all cotton sold in said market or shipped may first be weighed, graded and stamped, if so desired by the seller, producer, or buyer, and upon the application by the parties, it shall be the weigher's duty to immediately weigh, grade and stamp upon the cotton weights, grade, and issue to the applicant a certificate showing the same and enter the same in a book to be kept by him. The appointed Public Weigher and Grader shall be responsible, on his bond, for the official act of his deputy, and each weigher or deputy shall have his scales tested at least once every thirty days by the standard weights in the office of the Ordinary as provided by law. Compensation. Duties. Scales tested. SEC. 4. Be it further enacted, That the County Commissioner or Ordinary, which ever has the appointing power, upon good and sufficient cause shown, after ten days' notice, in writing, personally served upon the Public Weigher and Grader, shall inquire into his conduct and if

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they find sufficient reason, remove any such officer from office, and appoint another in his stead, and in the same manner may remove any deputy by such public weigher appointed. Removal of Weigher and Grader. 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 19, 1912. RAILROADS REQUIRED TO INSTALL CINDER DEFLECTORS. No. 517. An Act to require the railroad companies to put cinder deflectors on the windows of passenger coaches, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That all railroad companies operating passenger trains or coaches by steam within or throughout this State, are hereby required to put cinder deflectors, the same as are used on Pullman coaches or that will keep cinders from entering the car, upon all windows of passenger coaches, so as to protect the passengers when the windows are raised. Cinder deflectors on railroad trains. SEC. 2. Be it further enacted, That all steam railroads operating passenger trains or coaches in this State are required to comply with this Act on or by May 1st, 1913. Law takes effect when.

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SEC. 3. Be it further enacted, That any railroad company refusing or neglecting to comply with this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of not less than $500 or more than $1,000 for each coach not screened as required by this Act. Penalty for violation. 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 16, 1912. STATIONARY ENGINES OR BOILERS, LICENSE TO RUN, LAW AMENDED. No. 455. An Act to amend the Act approved August 15th, 1910, entitled 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 pescribe 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 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, so

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as to make said Act apply to and be of full force in counties having a population of 70,000 inhabitants or more according to the Census of 1910, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the above mentioned Act be and the same is hereby amended so as to make said Act apply to and be of full force in counties having a population of 70,000 inhabitants or more, according to the Census of 1910. License to run stationary engines and boilers required where. 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 19, 1912. SURETYSHIP, REGULATION OF CONTRACTS OF. No. 616. An Act to regulate contracts of suretyship between common carriers and their employees, and sureties upon such contracts, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after January 1st, 1913, no common carrier authorized to do business in this State when requiring of an employee that he give bond or undertaking of any nature whatsoever shall require as surety thereon any one or more specific or certain bonding company or companies as surety thereon; provided, however, that nothing

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herein shall be construed so as to prevent any common carrier from specifying the form or verbage of such bond. Bond and sureties. SEC. 2. Be it further enacted by the authority aforesaid, That any such employee who shall have given any such bond or undertaking, shall, upon the breach of any of the conditions thereof by the other party or parties thereto, have the power to cancel the same by giving the surety or sureties thereon and the common carrier for the benefit of whom same shall have been made at least ten days' notice in writing, setting out in full the reasons for cancelling same. Any such notice to a company, corporation or association may be served by leaving the same with any person upon whom service of legal process upon such company, corporation or association may be had. Any surety or any such bond or undertaking shall, upon the breach of any of the conditions thereof by the common carrier employee for whom same shall have been made, have power to cancel the same by giving such employees at least ten days notice in writing, setting out in full the reasons for cancelling same, the said notice to be signed by an agent or manager of such surety. Provided, that nothing therein shall effect any right of action accruing to any person upon the breach of a contract. Bond cancelled by maker, how. Bond cancelled by surety, how. SEC. 3. Any person, officer or manager, company, corporation, association or firm who shall violate any of the provisions of this Act shall be deemed guilty of misdemeanor and be punished as provided in Section 1065 of the Penal Code of 1910. Punishment. 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 19, 1912.

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TAX ASSESSORS PROHIBITED FROM VALUING OWN PROPERTY IN CERTAIN CITIES. No. 538. An Act to prohibit the Tax Assessors in cities having a certain population from valuing and assessing for city taxation, their own 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 in cities having a population of not less than three thousand five hundred and fifty inhabitants, and not more than three thousand five hundred and fifty-two, according to the last Census of the United States, the City Tax Assessors shall not be permitted to value and assess for city taxation their own property, but the Mayor and Council shall have power and authority to value and assess for city taxation such property of such Tax Assessors. Tax assessors prohibited from valuing own property, where. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. TAX COLLECTORS, CLERKS IN CERTAIN COUNTIES. No. 506. An Act to empower the Tax Collector of those counties of this State, wherein county taxes are now or may hereafter

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be collected quarterly, to employ a clerk to attend to such quarterly collections, whose salaries shall be paid upon the order of the Tax Collector and out of the County Treasury, and for other purposes. SECTION 1. Be it enacted and it is hereby enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Tax Collector of those counties of this State wherein county taxes are now or may hereafter by law be collected quarterly, to employ a Clerk to attend to such quarterly collections, and the salary of such Clerk shall be paid out of the County Treasury upon the order of such Tax Collector; provided, however, that the amount of the salary of such Clerk shall be approved by the County Commissioners or other governing body of such county. Tax Collector's Clerks. Compensation. SEC. 2. Be it further enacted, That the governing bodies of all such counties are empowered to pay amounts due for such salaries already incurred. Back salaries. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, here repealed. Approved August 16, 1912. BOARD OF EDUCATION ESTABLISHED IN CERTAIN COUNTIES. No. 633. An Act to establish a County Board of Education in the several counties of this State, which had, according to

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the United States Census of 1910, a population of not less than twenty-three thousand (23,000), and not exceeding twenty-four thousand (24,000) in which the county seat of the county shall be an incorporated city or town of a population, according to said Census, of not less than fourteen thousand and five hundred (14,500) and not more than fifteen thousand (15,000) in which there is an established local school system; to incorporate such Boards of County Education; to define the duties and powers of said Board; to authorize said Boards to fix the amount of taxes to be levied upon the property of the tax payers of such counties for school purposes; to provide for the levy and collection of the tax so fixed; to confer upon such Boards all the power and authority that may be necessary and proper in the administration of the schools of such counties; to authorize such counties to make all rules and regulations in reference to such schools, and the conduct of the same; to provide for the support of such schools by taxation and otherwise; to authorize such counties to issue bonds to erect school houses and for educational purposes; to provide for an election to determine whether this Act shall be adopted in any of such counties, and for the declaration of the result of such an election, 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 there shall be, subject to the conditions in this Act hereinafter set forth, established in each of the several counties of this State, which, according to the United States Census of 1910, contained a population of not less than

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twenty-three thousand (23,000) and not exceeding twenty-four thousand (24,000), in which the county seat of the county shall be an incorporated city or town of a population, according to said Census, of not less than fourteen thousand five hundred (14,500) and not more than fifteen thousand (15,000) in which there is an established local school system, a County Board of Education to be styled the Board of Education of the County, and said Board of County Education shall be charged with the direction and control of the education of the white and colored children of such county, between the ages of six (6) and eighteen (18) years. County boards of education established in certain counties. SEC. 2. Be it further enacted by the authority aforesaid, That on the first day of July following the adoption of this Act, in the manner hereinafter provided by any of the counties embraced in the terms of this Act, the members of the County Board of Education of such county then in office, and the members of the Board of Education of the local system of schools, established for the city or town, which is the county seat of the county, shall, with the Mayor of said city, jointly constitute the County Board of Education provided for in this Act, and shall hold office until the expiration of their present terms or until their successors are elected and qualified under the provisions of this Act. Members of board, who shall constitute. SEC. 3. Be it further enacted by the authority aforesaid, That the County Board of Education provided for by this Act shall consist of sixteen (16) members, five of whom, after the expiration of the terms of the present members, shall be elected by the Grand Jury of the county, at the session of the Superior Court of said county which shall convene immediately before the expiration of the

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term of each of the said present members or as soon thereafter as practicable by the Grand Jury at a subsequent session of said Court, and the members so elected shall be citizens of said county, resident without the limits of the city or town, that may be the county seat; and ten members who, after the expiration of the terms of the present members, shall be elected by the Mayor and Council of the city or town that may be the county seat of such county, at the meeting of said Mayor and Council held in the month immediately preceding the expiration of the terms of said members, or as soon thereafter as practicable, and such members so elected shall be citizens of said county, resident within the limits of the city or town which may be the county seat of such county; and the Mayor of the city or town that may be the county seat who shall be ex-officio a member of said Board of Education during his term of office. The members of the said Board elected by the Grand Jury shall be distributed as near as may be among the different militia districts of the county, but not more than one (1) member shall be elected from a militia district; the members elected from the city or town which may be the county seat of the county, shall be distributed as near as may be among the different wards of the city, but no more than three (3) members shall be elected from any one ward. Should the terms of office of the members of either the County Board or the City Board not expire on January first, then the Grand Jury, in the case of the County Board or the City Council, in the case of the City Board, as hereinafter provided, shall elect a member to fill the vacancy or hold office until the January first following, if there is one vacancy, or if there are more vacancies, then a member shall be elected to fill each vacancy, but the terms of such members so elected shall be so arranged that the expirations shall fall on the first of January with yearly

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intervals, so that eventually the terms of one member from the county and two from the city shall expire on the first of January each year. Thereafter, and in the case of members whose terms expire on the first of January, members shall be elected for a term of five years. On the first day of July following the adoption of this Act, the County Board of Education, as herein constituted, shall meet and organize by the election of a president of said Board a Vice-President and a Secretary and Treasurer thereof, and transact such other business as may be necessary for the opening of the schools in September. In case of vacancy in said Board of Education by death, resignation or otherwise, the vacancy shall be filled by the election of a person by the Board to fill the vacancy until the next meeting of the Grand Jury of the county or the next meeting of the Mayor and Council of the city or town which may be the county seat, when such vacancy shall be filled by the Grand Jury or the City Council, as the case may be, the vacancy in each case being filled by the body which had elected the member whose position had become vacant. Members of board, how elected. President and Secretary and Treasurer. Vacancies, how filled. All persons elected to fill a vacancy caused by death, resignation or otherwise, before the expiration of the term of a member, shall hold for the remainder of the unexpired term. SEC. 4. Be it further enacted by the authority aforesaid, That the County Board of Education, as herein provided for, shall be and they are hereby created a body corporate and politic, with perpetual succession and with the name The Board of Education of..... County, naming the county, and such Board shall have full power and authority to establish and maintain, and from time to time change, modify and alter a system of education for white and colored children in each of the counties which

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may adopt this Act, and to carry out and superintend the same; to select, appoint and remove a superintendent and such assistants, teachers and all other employees under said system as they may deem necessary; to prescribe and determine the methods of passing upon the qualifications of such teachers and upon what terms they shall be eligible for election; to fix their compensation and that of the superintendent, assistant superintendents, principals, assistant principals and other officers; to provide school houses; to make by-laws for their own government, and rules and regulations for the government of the superintendent, assistants, teachers and schools under their control; to establish schools in their discretion; to adopt text books; to purchase, take, receive, hold and enjoy for the purpose aforesaid, real and personal property by gift, grant, contract, devise, or bequest; to sue and be sued by the name and style aforesaid; to have and use a common seal, and generally shall be clothed with all the rights, privileges, power and powers incident to corporations and necessary for carrying out the purposes of this Act, including the power to sell property held for school purposes and reinvest the proceeds of such sales upon like uses. Such Board shall be liable for all the obligations of the County Board of Education and of the City Board of Education at the time this Act is adopted. Board body corporate. Power and authority. SEC. 5. Be it further enacted by the authority aforesaid, That said County Board of Education shall have the power and authority to maintain and conduct night schools and kindergarten school and make all rules and regulations that may be necessary and proper for the successful conduct of such night schools and kindergarten schools and as to pupils to be admitted in the same, and the terms

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and conditions on which such pupils shall be admitted into said night schools and kindergarten schools. Night schools and Kindergarten. SEC. 6. Be it further enacted by the authority aforesaid, That said Board of Education shall have the power and authority to fix and determine, each year, the amount necessary to be raised by taxation for school purposes, upon the taxable property of the counties adopting the provisions of this Act, as they may deem necessary to support the system of schools which they may establish; provided, the amount so fixed shall not exceed five mills or one-half of one per centum upon the taxable property of the county. Tax for school purposes. SEC. 7. Be it further enacted by the authority aforesaid, That said Board shall fix the amount to be raised by taxation for the support of said schools, by the first Monday in June of each year, or as soon thereafter as practicable, and when the amount so fixed shall have been entered upon the minutes of said Board, a certified extract from the minutes, containing the amount so fixed, shall be furnished by the Secretary of the Board to the Ordinary, Board of County Commissioners, or other tribunal, having control and jurisdiction over the matter of taxation in the county, and the Ordinary, Board of County Commissioners, or other tribunal, having control of matters of taxation of the county shall annually provide, in the annual tax levy, for the levy and collection of a tax sufficient to raise the amount fixed by the Board of Education for school purposes, and the Tax Collector of the county shall collect the same and pay the same over to the Treasurer of the Board of Education as collected, making payments to said Treasurer on the first day of each month as the tax is collected. The compensation of the Tax Collector shall be the same percentage as that received by said officer on

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the last $1,000.00 collected by him on general county taxes immediately preceding the payment to the Treasurer of the Board of Education, as herein provided. Tax, levy and collection of. Compensation of collector. SEC. 8. Be it further enacted by the authority aforesaid, That said Board shall have the power to elect a Secretary, either from their own number or otherwise, and a Treasurer, either from their own number or otherwise, and such other officers as they may deem necessary and proper, and to fix and determine the duties and compensation of such officers and their respective terms of office; provided, that the members of the Board of Education shall receive no compensation except a per diem of $2.00 each, which shall be paid to those members who are in actual attendance at any regular or called meeting of said Board, and provided, further, that, if a member of said Board shall be elected to fill the position of Treasurer or of Secretary, they shall also be paid such salaries as shall be prescribed by the Board of Education in addition to the per diem as members of said Board. The Board of Education shall require of the Treasurer a bond, with security in such an amount as they shall deem necessary, conditioned for the faithful performance of his duties as Treasurer, and for the protection of the county in the funds which may go into his hands from time to time. The Treasurer of said Board shall be authorized to receive from the Tax Collector of the county all moneys collected by him which are set apart by law for school purposes, either under this Act, or other laws of this State, and also to receive from the State School Commissioner, or the Treasurer of the State of Georgia, or other officer of said State, or county, or city or town in said county, all money or property that may be set apart, appropriated, or apportioned

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to said county for school purposes, no matter from what source the same may be derived. Secretary and Treasurer, and other officers. Compensation of members of board. Bond required of Treasurer. Treasurer's authority. SEC. 9. Be it further enacted by the authority aforesaid, That in any county where this Act may be adopted, the superintendent of the local system of schools at the county seat shall act as the superintendent of the county system of schools herein provided for, and the County School Superintendent shall act as the assistant superintendent of the schools herein provided for until their respective terms of office shall have expired, and thereafter the County Board of Education shall elect a superintendent and such assistant superintendents as they may deem necessary, to hold for such terms as they may fix, and to have such compensation as the Board may determine. Superintendent and assistant. SEC. 10. Be it further enacted by the authority aforesaid, That, when this Act shall have been adopted by any of the counties embraced therein, all property owned, held, or possessed, by the county or by the city or town which may be the county seat, and set apart and used for school purposes, whether real or personal, shall pass into the possession and control of said County Board of Education for the purposes of this Act, and so remain as long as this Act shall remain of force in such county, and it shall be the duty of the authorities of said county and the authorities of said city or town to deliver such property into the possession of such Board of Education. Title to property. SEC. 11. Be it further enacted by the authority aforesaid, That said County Board of Education shall be entitled through its Treasurer to receive aid, under the order of the Board of Education, to disburse all moneys from the State of Georgia that may be, under the existing or

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future laws of the State, set apart and apportioned to such county, and such County Board of Education shall have all of the powers, jurisdiction and authority of the several County Boards of Education of the different counties of this State under the existing laws, except so far as such laws may be modified or changed by this Act. Receipts and disbursements. Powers of Board. SEC. 12. Be it further enacted by the authority aforesaid, That any county adopting the provisions of this Act may issue bonds for the building of school houses, or for other educational purposes; provided, that such bonds shall be only issued pursuant to the provisions of the general law of the State in reference to the holding of elections by counties for the purpose of incurring indebtedness, and provided, further, that an election shall be called by the Ordinary, Board of County Commissioners, or other county authorities having control of the matter of finances of said county, whenever such county authorities are requested to call such election by virtue of a resolution of the Board of education, in which two-thirds of the entire number elected to said Board shall concur. School bonds. SEC. 13. Be it further enacted by the authority aforesaid, That the Board of Education shall provide separate schools for the white and colored races, and said schools shall be so established as to extend, on an equitable basis, the benefits of the law to white and colored children and to the different sections of the county, due regard being had to differences in population. All children whose parents or guardians are resident in said county shall be entitled to the privileges of said schools free of charge, but the Board of Education may, in its discretion, admit non-resident children to the different schools of said county, making such charges for tuition for such non-residents.

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the amount being the same or different at the various schools, as may to the Board seem reasonable and just. Separate schools for white and colored races how established. Non-residents. SEC. 14. Be it further enacted by the authority aforesaid, That at any time after the passage of this Act, upon the request in writing of not less than fifty (50) qualified voters of the county, whose names appear in the last registration list made up by the County Registrars of the county, and who are still residents of the county, the Ordinary, Board of County Commissioners, or other tribunal having charge of county matters of the county, as the case may be, shall call an election to determine whether the provisions of this Act shall be adopted by the county, and the Ordinary, Board of County Commissioners, or other tribunal having jurisdiction or authority over the county matters of the county, shall give notice of such election, once a week for four (4) weeks immediately preceding the date of election, in the newspaper in which the Sheriff of the county publishes his advertisements, and in said notice shall set forth the title of this Act, the date that the election is to be held, and that the question to be determined shall be the adoption of the provisions of this Act, such election shall be held under the same rules and regulations as now govern in the election of members of the General Assembly, and no person shall be allowed to vote at said election until he shall have been duly registered under the laws of this State providing for the registration of voters. The returns of said election shall be, by the manager, made of the Ordinary, Board of Commissioners, or other tribunal calling said election, who shall on the day following the election, or as soon as practicable thereafter, consolidate the returns and declare the result. All persons desiring to vote against the adoption of this Act shall have written or printed on their ballots the words Against

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county unit system of schools for..... county, naming the county. All persons desiring to vote in favor of the adoption of this Act shall have written or printed on their ballots the words, For county unit system of schools in..... county, naming the county. If at said election, two-thirds of the qualified voters of the county voting in said election shall vote in favor of the adoption of the provisions of this Act, then this Act shall become the law for said county, and there need be no further declaration of the result of said election than a declaration to that effect by the Ordinary, Board of County Commissioners, or other tribunal having jurisdiction of the county matters of such county to whom the returns of said election shall be made. Election to adopt. SEC. 15. Be it further enacted by the authority aforesaid, That upon the declaration of the result of the election in favor of adoption of this Act being made as above provided, this Act shall become of force in said county; provided, that any existing system of county schools and any existing system of city school at the county seat shall not be affected until the Board of Education shall have met and organized under the provisions of this Act. Effective when. SEC. 16. Be it further enacted by the authority aforesaid, That, if at an election held under this Act, the result shall be against the adoption of the provisions of this Act, other elections under this Act may be held from time to time. Elections from time to time. SEC. 17. Be it further enacted by the authority aforesaid, That if the result of any election under this Act shall be in favor of the adoption of this Act, then this Act shall

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remain of force in the county in which it is adopted until repealed by the General Assembly. Repealed how. SEC. 18. Be it further enacted by the authority aforesaid, That upon the repeal of this Act, all Acts now in existence or then in existence relating to County Boards of Education shall immediately become of force in said county; and all Acts relating to local systems of schools at the county seat of said county shall also immediately become of force, it being the intent and purpose of this Act that all existing laws in reference to schools in the county to be affected by this Act shall remain in abeyance merely so long as this Act may be of force. On repeal old laws effective. SEC. 19. Be it further enacted by the authority aforesaid, That if for any reason this Act does not go into effect in any of the counties embraced in its terms, nothing herein shall interfere, repeal, change or modify existing laws in reference to schools in the county or in the city or town which is the county seat, or in any other city or town in the county. Existing laws effective until this law put in effect. SEC. 20. Be it further enacted by the authority aforesaid, That if there shall be in any county adopting the provisions of this Act, a local system of schools in any town or city other than the county seat of the county, then such local system of schools shall be abolished by the adoption of this Act and remain in abeyance so long as this Act shall remain of force, and all property, real or personal, held and used by the officers of such local system shall be delivered to the County Board of Education herein created. Local systems abolished when this Act takes effect. SEC. 21. Be it further enacted by the authority aforesaid,

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That the county authorities of the several counties adopting the provisions of this Act may convey to the County Board of Education any county property owned by the county, whether real or personal, which is not used and needed for county purposes and the property so conveyed shall become the property of the County Board of Education to be held, owned and used by it for the purposes of this Act; provided, that such county authorities may prescribe the conditions upon which the County Board of Education shall hold such property, and the same shall be used only for school purposes, and whenever the same shall cease to be used for such purposes, then it shall revert to the county. County property conveyed when. SEC. 22. Be it further enacted by the authority aforesaid, That all contracts and agreements, whether executed or executory, between the authorities of the city or town which is the county seat of the county, or the authorities of any other city or town in the county shall be if executed duly respected by the authorities of the county, and if executory, may be carried into effect by the parties to the same according to its true intent and purport. Existing contracts or agreements. SEC. 23. Be it further enacted by the authority aforesaid, That the city or town which may be the county seat of the county, or any other city or town in the county may appropriate money or property to the County Board of Education for the maintenance and support of the schools of the county and to that end may levy taxes and issue bonds; provided, that no bonds shall be issued by such cities or towns until the same shall have been authorized by an election as provided in the general laws of this State. Maintenance of local city or town schools. SEC. 24. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. BONDS, ISSUANCE OF FOR SCHOOL PURPOSES. No. 537. An Act to provide for issuing bonds for the purpose of building school houses in school districts in which a local tax is now or may hereafter be levied for school purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That when one-fourth of the registered qualified voters of a school district, in which a local tax is now or may hereafter be levied for school purposes, shall be filed with the Board of Trustees of such a district, a petition asking for an election for the purpose of determining whether or not bonds shall be issued for the purpose of building and equipping a school house or houses for said district, the required number of petitioners to be determined by said Board of Trustees, it shall be the duty of said Board of Trustees to fix the amount, denomination, rate of interest and dates when due, and call such election in terms of law now provided for a county issue of bonds, except as herein otherwise provided. The said Board of Trustees, in case the election is for a bond issue, shall follow the law as required of county authorities as embodied in Section 440, et sequetur, of the Code of 1910,

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Volume 1, in the issue thereof, said Board of Trustees may order such election to be held on the school site or other suitable place in the district, of which they shall give notice by posting same at three public places in said district, not less than ten days previous to said election. None but registered qualified voters shall be permitted to vote in said election. The Ordinary shall furnish a certified list of registered voters in such school district to the managers of election thirty days before such election is held. The ballots cast shall have written or printed thereon For School House or Against School House. The ballots cast and the voting list shall be lodged with the said Board of Trustees, who shall declare the result. Said Board of Trustees, or a majority of them, shall be the election managers, and if for any reason they fail to act, any three freeholders of the district may qualify and act. Election for bonds to build and equip school houses in school districts having local tax. SEC. 2. Should bonds be issued and sold, the proceeds shall be turned over to the Board of Trustees in trust for the purpose of erecting a school building or buildings, which said Board may deem suitable. Said Board of Trustees is authorized to remove, sell or otherwise dispose of old building or buildings and grounds and select a new site and erect a new building thereon, and add to the proceeds from the sale of bonds any other proceeds which may come from disposition of old building or buildings, and site; or from donations or otherwise, all to be held in trust to be used for the purpose aforesaid, and no compensation shall be paid to said Board of Trustees, nor to any member thereof for service. Proceeds of bonds, how held and used. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912.

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STATE NORMAL SCHOOL, ACT ESTABLISHING AMENDED. No. 445. An Act to amend an Act approved August 15, 1904, amending an Act to establish, organize and maintain a State Normal School of the University, to appropriate money for the same, 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 Section 1 of that Act approved August 15, 1904, be and the same is hereby amended by striking from lines twenty-one, thirty-eight, and thirty-nine of said Section of said Act the words local trustees appointed from the City of Athens, and inserting in lieu thereof as follows: trustees residing in the City of Athens. So that said Section when amended shall read as follows: Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That Section 3, said Act, be and the same is hereby amended by striking from the second line of said Act the words `a commission to be composed of the State School Commissioner and the Chancellor of the University for the time being, and three citizens of Georgia, experienced in teaching, to be appointed by the Governor, one for a term of two years, one for four years, and one for six years from the dates of their appointments, which commission shall be the local board of said school,' and inserting in lieu thereof as follows: A local board of trustees to be composed of one trustee from each Congressional District in this State and two from the City of Athens, and two from the State at large, to be appointed by the Governor, four of whom shall be appointed for the term of two years, and four for

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four years, and five for six years, and two trustees from the State at large to be appointed for a term of six years from the date of their appointment, who together with the Governor, the State School Commissioner, and the Chancellor of the University (who are hereby made ex-officio members of said board), shall constitute the local board of said school; that the trustees residing in the City of Athens, together with the State School Commissioner, shall constitute a prudential committee, of which the State School Commissioner shall be chairman, with such powers and duties as may be conferred by said board of trustees. So that said Section when amended shall read as follows: Section 3. Be it further enacted by the authority aforesaid, That the immediate charge of said school shall be in a local board of trustees to be composed of one trustee from each Congressional District in this State and two from the City of Athens, and two trustees from the State at large to be appointed by the Governor, four of whom shall be appointed for the term of two years, and four for four years, and five for six years, and the two trustees at large to be appointed for the term of six years from the dates of their appointments who together with the Governor, the State School Commissioner, and the Chancellor of the University for the time being (who are hereby made ex-officio members of this board) shall constitute the local board of said school; that the trustees residing in the City of Athens, together with the State School Commissioner, shall constitute a prudential committee, of which the State School Commissioner shall be chairman, with such powers and duties as may be conferred by the said board of trustees. Board of Trustees for State Normal School of the University. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 13, 1912.

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SCHOOLS, COUNTY SUPERINTENDENTS OF, UNIFORM TERMS. No. 603. An Act to fix and make uniform the term of office of County Superintendent of 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 the term of office of County Superintendent of Schools in each and every county of the State of Georgia shall begin with the first day of January, 1913, and terminate with the first day of January, 1917; and that the said County Superintendent of Schools shall be elected for a term of four years, as now provided by law, at the same time and places as State and county officers. Terms of County Superintendents of Schools. SEC. 2. Be it further enacted, That the term of office of all County Superintendents of Schools beginning during the year 1912, shall continue until the first day of January, 1917, or until their successors are elected and qualified, as is now provided by law. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912.

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TECHNOLOGY, SCHOOL OF, CHAIRMAN OF BOARD OF TRUSTEES, COMPENSATION OF. No. 540. An Act to amend the Act approved August 21, 1911, entitled An Act to define the tuition of non-residents in the Georgia School of Technology, etc., by striking the proviso from the third Section of said Act relating to the compensation of the chairman, and substituting another proviso in lieu thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State, and it is hereby enacted by the authority of the same, That the third Section of the Act entitled An Act to define the tuition of non-residents in the Georgia School of Technology, etc., approved August 21st, 1911, which Section fixes the compensation of the chairman of the local board of trustees of said institution, be amended by striking from said Section the proviso at the end of that Section, to-wit: provided, that said Section shall be and remain of force for one year only, and adding in lieu thereof the following: Provided, said compensation shall be paid only during the continuance in office of the present incumbent. Technological School, compensation of Chairman of Local Trustees. 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 19, 1912.

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TECHNOLOGY, SCHOOL OF, TUITION OF NON-RESIDENTS. No. 561. An Act to define the tuition of non-residents in the Georgia School of Technology, to prescribe the name by which said school shall be known, to fix the compensation of certain officers of said school, to give to the local Board of Trustees additional powers and rights, 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 the non-resident students of the Georgia School of Technology who are required to pay tuition as non-residents, shall be those who reside without the limits of the State at the time when they matriculate in said institution. No student who matriculates as a non-resident shall afterwards be entitled to the benefit of resident tuition simply from the fact that he has elected to make Georgia his domicile. Any such non-resident shall be entitled to the privileges of the resident student as to tuition, only when the family, consisting of the parents or guardian of said non-resident student, shall remove to the State of Georgia with the intention of becoming domiciled therein. Technological School, tuition of non-resident students. SEC. 2. Be it further enacted by the authority aforesaid, That the name of said institution shall be the Georgia School of Technology, to be known as such on the diplomas and other documents emanating from said school. Georgia School of Technology. SEC. 3. Be it further enacted by the authority aforesaid, That the compensation of the chairman of the local

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Board of Trustees, when actually engaged in attending to the business of said institution, shall be at the rate of ten dollars ($10.00) per day, not to exceed twenty days in one year; and this shall be the rate of compensation in all cases where the said chairman of the Board is in attendance in Atlanta or elsewhere, presiding over the Board or transacting business of the institution of which he is the official head. It shall be paid only out of the funds belonging to said school. Compensation of Chairman of Local Trustees. SEC. 4. Be it further enacted by the authority aforesaid, That the local Board of Trustees of the Georgia School of Technology shall have authority to recommend to the general Board of the University of Georgia the granting of honorary degrees to any person whom they deem fit and proper to receive the same. Such recommendation, when duly certified to the general Board, shall receive proper consideration by said Board, and if the recommendation is adopted, the degree shall issue in the name of the University of Georgia and be delivered by the Chancellor thereof. Honorary degrees. 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 19, 1912. TREASURER OF SCHOOL BOARDS, BONDS OF. No. 582. An Act to require the Treasurer or Secretary and Treasurer of any Board of Trustees of a public school receiving

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money raised by local taxation for public schools, or otherwise, to give bond, to keep an accurate set of books, to submit his books to the County Superintendent of Schools, to be audited by the State Auditor and to further provide the duties of such Treasurer, or Secretary and Treasurer, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be the duty of the Treasurer or the Secretary and Treasurer of any Board of Trustees of a public school receiving money raised by local taxation for public schools, to make a good and sufficient bond for the faithful performance of his duties, payable to the County Board of Education in a sum not less than double the amount of money likely to be received by him during his term of office, the amount and sufficiency of said bond to be judged by the County Board of Education, which amount may be increased in the discretion of the County Board of Education. Bonds of Treasurers of public school supported by local tax. SEC. 2. Be it further enacted by the authority aforesaid, That in the event the Treasurer or Secretary and Treasurer as aforesaid, shall fail to make the bond as required in the first Section of this Act, then and in that event, any money raised by local taxation for public schools or otherwise, which under the laws, should have been paid over to the Treasurer or the Secretary and Treasurer, shall be paid over to the County Board of Education, to be, by them paid out on the orders of the Board of Trustees of such school district in the manner other moneys are paid out by them. Custodian of school tax money.

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SEC. 3. Be it further enacted, That the Treasurer or Secretary and Treasurer as aforesaid shall not pay out any money as held in his hands, except upon the order of the Board of Trustees, signed by the President or Chairman, of which he is Treasurer or Secretary and Treasurer. He shall further in all cases take a receipt for all moneys expended or paid out, which shall be attached to the order for same, which, when properly done, shall constitute a proper voucher for the money thus paid out. School tax money, how disbursed. SEC. 4. Be it further enacted by the authority aforesaid, That the Treasurer or Secretary and Treasurer as aforesaid, shall keep an accurate account of all money received and paid out by him in a substantially bound book, which, together with all vouchers shall be submitted once each year to the County Superintendent of Schools to be audited by the State Auditor when he shall audit the County Superintendent's books, but the County Board of Education may direct that any other competent person audit these books. Audit of books and accounts of Treasurers. SEC. 5. Be it further enacted by the authority aforesaid, That the provisions of this Act shall apply only to those school districts which have adopted or may adopt local taxation for public schools under the district plan as provided under Section 1535, Volume 1, of the Code of 1911. Provided, further, that the provisions of this bill shall not apply to any Secretary or Treasurer who receives no compensation. This Act shall not apply to any municipal system of schools in this State. Application of this law. 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 is, hereby repealed. Approved August 19, 1912.

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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. Athens, City Court of, Defaults, How Opened. Blakely, City Court of, Act Creating Amended. Calhoun County, City Court of, Abolished. Carrollton, City Court of, Act Creating Amended. Dublin, City Court of, Act Creating Amended. Eastman, City Court of, Act Creating Repealed. Eastman, City Court of, Established. Elberton, City Court of, Act Creating Amended. Greene County, County Court of, Abolished. Greensboro, City Court of, Established. Griffin, City Court of, Act Creating Amended. Hall County, City Court of, Act Creating Amended. Jackson, City Court of, Act Creating Amended. Lumpkin, City Court of, Abolished. Millen, City Court of, Created. Miller County, City Court of, Act Creating Amended. Monticello, City Court of, Act Creating Amended. Moultrie, City Court of, Jurisdiction, Compensation of Officers. Moultrie, City Court of, Election to Abolish. Newton, City Court of, Abolished. Pulaski County, City Court of, Election to Abolish. Quitman, City Court of, Established. Savannah, City Court of, Terms of Officers. Sparta, City Court of, Act Creating Amended. Statesboro, City Court of, Act Creating Amended. Swainsboro, City Court of, Election to Abolish. Taliaferro County, County Court of, Abolished. Thomasville, City Court of, Act Creating Amended. Vienna, City Court of, Act Creating Amended. Waynesboro, City Court of, Act Creating Amended. Wrightsville, City Court of, Established. ATHENS, CITY COURT OF, DEFAULTS HOW OPENED. No. 395. An Act to provide for the opening of defaults in the City Court of Athens, and for other purposes.

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SECTION 1. It is hereby enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act defaults in the City Court of Athens shall be opened under the same rules and restrictions as in the Superior Courts, and the Judge of said Court shall have the same authority and discretion as to opening defaults that Judges of the Superior Courts have. Athens, City Court of, defaults, how opened. SEC. 2. It is further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 7, 1912. BLAKELY, CITY COURT OF, ACT CREATING AMENDED. No. 438. An Act to amend an Act entitled an Act to establish the City Court of Blakely, in and for the County of Early, in the State of Georgia; to define its jurisdiction, powers, procedure and practice; to provide for the appointment of officers therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act establishing the City Court of Blakely passed by the General Assembly of 1906, and approved August 21st, 1906, be, and the same is hereby amended by changing Section three of said Act to read as follows: Section 3. Be it further enacted, That no person shall

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be Judge of said Court who is less than twenty-seven years of age, who has not been a resident of Early County for at least one year prior to his appointment, and who has not been a practising attorney for at least four years preceding his appointment. The person appointed Judge of said Court shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: `I solemnly swear that I will faithfully and impartially administer justice without respect to person, and do equal rights to the rich and poor, and so discharge and perform all of the duties which may be required of me as Judge of the City Court of Blakely, according to the best of my ability and understanding, agreeable to the Constitution and the laws of this State, and the Constitution of the United States; so help me God.' Said oath shall be forwarded to the Governor and filed in the executive department. The Judge of said Court shall receive as compensation a salary of $1,000 per year, payable monthly out of the treasury of Early County, by the Treasurer of said county, the first monthly payment of salary to become due thirty days after the approval of this Act by the Governor, and payments shall be made in succeeding months on dates corresponding to that of the first payment. The Judge of said Court may practice law in all Courts except the City Court of Blakely. He shall have authority to issue criminal warrants, returnable before himself or other magistrate having jurisdiction in the premises, warrants to dispossess tenants holding over, and intruders, distress warrants, to issue, hear and dispose of writs of habeas corpus, to foreclose mortgages on personalty, to bind over defendants to the Superior Courts of said county whenever during the progress of a trial the evidence tends to show that the defendant is guilty of a felony, and generally to do all the

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Acts which Judges of the City Court of this State are authorized to do, unless otherwise provided in this Act. Blakely, City Court of; Judge, qualifications and oath of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1912. CALHOUN COUNTY, CITY COURT OF, ABOLISHED. No. 331. An Act to abolish the City Court of Calhoun County, and 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 the authority of the same, That on and after the first day of September, 1912, the Act passed by the General Assembly of Georgia entitled an Act to create the City Court of Calhoun County, and approved August 21st, 1906, 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, mesne and final processes of whatever nature, and all criminal cases that may be pending in said Court on the first day of September, 1912, at the time this Act goes into effect as aforesaid, be and the same are hereby transferred to the Superior Court of Calhoun

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County, and said Superior Court shall have jurisdiction on all matters so transferred, for trial and disposition. Records, etc., transferred to Superior Court. 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 29, 1912. CARROLLTON, CITY COURT OF, ACT CREATING AMENDED. No. 383. An Act to amend An Act to establish a City Court in the City of Carrollton, in the County of Carroll, etc., and for other purposes, approved December 21, 1897, so as to increase the salary of the Judge of the City Court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act Section 4 of the above recited Act be and the same is hereby amended by striking therefrom in line fifteen of said Section the words one thousand and inserting in lieu thereof the words fifteen hundred, so that the said Section of the Act when amended will read as follows: Carrollton, City Court of; Section 4. Be it further enacted, That there shall be a Judge of said City Court, to be elected by the people at an election held for that purpose, to be called by the Ordinary of said county, giving notice of said election in at least two newspapers published in said county for thirty days prior to the date of said election. All persons qualified

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to vote for members of the General Assembly shall be qualified to vote in said election to be held in the same manner as election for members of the General Assembly, the return to be made to the Ordinary, and he shall consolidate the votes and declare the result. The term of office of said Judge shall be for four years, but the Judge elected at the special election herein provided for shall hold his office until the October election for members of the General Assembly in 1900, at which time his successor shall be elected, and every four years thereafter. The Judge of said City Court shall receive a salary of fifteen hundred dollars per annum, to be paid monthly out of the treasury of said county. All vacancies for any unexpired term shall be filled by a special election to be held for that purpose, to be called by the Ordinary of said county, to be held as other county elections. Judge, election, term and salary. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1912. DUBLIN, CITY COURT OF, ACT CREATING AMENDED. No. 496. An Act to amend an Act entitled An Act to establish the City Court of Dublin, in and for the County of Laurens, to define its jurisdiction and powers, to provide for the appointment of a Judge and other officers thereof, to

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define their powers and duties and to abolish the City Court of Laurens County, and for other purposes, approved December 6th, 1900, and all Acts amendatory thereof, so that the Solicitor and the Clerk of said City Court of Dublin shall be paid each a salary in lieu of the fees which each now gets; to provide how they shall be paid, provide that the officers of the said City Court of Dublin shall made a quarterly return of all costs, forfeitures and fines collected by them in all civil and criminal cases; to provide a penalty for the failure to make such return; to provide that all fines, forfeitures and costs collected by the Clerk and Solicitor of said City Court of Dublin in both civil and criminal cases shall be paid into the treasury of Laurens 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 an Act entitled An Act to establish the City Court of Dublin, in and for the County of Laurens; to define its jurisdiction and powers, to provide for the appointment of a Judge and other officers thereof; to define their powers and duties, and to abolish the City Court of Laurens County, and for other purposes, approved December 6th, 1900, and all of the Acts amendatory thereof be, and the same are hereby amended by striking all of Section 12 of said original Act and inserting in lieu thereof the following: Dublin, City Court of; Section 12. Be it further enacted by the authority aforesaid, That it shall be the duty of said Solicitor of said City Court to represent the State in all cases in said City Court and in cases carried up to the Supreme Court, or Court of Appeals from said City Court to which the

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State shall be a party, and shall perform therein such other duties as usually appertain to this office. In case the said Solicitor of said City Court can not attend to the duties of the same, the Judge of said City Court shall appoint some competent attorney to act as Solicitor pro tem. The Solicitor of said City Court of Dublin shall be paid monthly out of the general fund of Laurens County the sum of one hundred and twenty-five dollars per month as a salary and it shall be unlawful for the Solicitor to receive any fee or fees, or perquisites for any criminal case tried in said City Court of Dublin. But this provision shall not operate to prevent his collecting fees from defendants convicted therein for his services in the Supreme Court or the Court of Appeals for which matters he shall be entitled to fees under the same rules as appertain by existing laws to similar cases represented by Solicitors-General. The usual fee or fees now allowed by law to the Solicitor and Clerk of said City Court of Dublin shall, when imposed by the Court, be collected by the Clerk of said Court, and by him paid into the treasury, or general fund of Laurens County. The Sheriff's fees shall remain as now provided by law. But for representing the State in every criminal case carried from the said City Court to the Supreme Court, or Court of Appeals, said Solicitor shall be allowed in addition to his said salary a fee of fifteen dollars, which shall be paid as provided in Section 1118 of the Code of Georgia. Solicitor, compensation of. Section 2. Be it further enacted by the authority aforesaid, That the Clerk of said City Court and the Solicitor shall be put upon salaries instead of being paid fees, and it shall be unlawful for said Clerk and Solicitor to receive in the way of compensation for their services any salary, fee, or perquisite either in civil or criminal cases, except as herein provided. Said Clerk and Solicitor shall be paid

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monthly by the Treasurer of Laurens County by warrant drawn by the County Commissioners out of the general fund of Laurens County the sums hereinafter and herein named. Said Solicitor shall be paid the sum of one hundred and twenty-five dollars per month, and the said Clerk shall be paid the sum of one hundred and fifty dollars per month, said sums being paid to each of said officers as a salary for their services, and said Clerk and Solicitor shall not be entitled to any fee or fees for any services connected with their official duties as said Clerk and Solicitor either in civil or criminal cases, except as herein provided. It shall be the duty of said Clerk, Sheriff and Solicitor of said City Court to prepare and file quarterly, under oath taken before some judicial officer, a full and complete itemized list of all fines, forfeitures, and costs collected through their respective offices during the quarter just ended in both civil and criminal cases, which statement shall be filed with the Clerk of said City Court at the end of every quarter; and shall also give a full and itemized list of all insolvent costs for said quarter, giving a separate reason, distinctively, where each and every item thereon has been not collected. Said return or report when filed by said Sheriff, Clerk or Solicitor as aforesaid shall be spread upon the minutes of said Court. If said Sheriff, Clerk or Solicitor shall fail or refuse to fill said return or report at the end of each and every quarter as aforesaid, he shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed in Section 1065 of the Criminal Code of 1910, as well as dismissed from office by the Governor of Georgia. Clerk and Soliciter, salaries of. SEC. 3. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not be of force until the first day of January, 1913. This law effective Jan., 1913

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SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. EASTMAN, CITY COURT OF, ACT CREATING REPEALED. No. 498. An Act entitled an Act to repeal an Act approved August 23, 1905, establishing the City Court of Eastman, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act approved August 23, 1905, entitled An Act to establish the City Court of Eastman, in the County of Dodge, to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, compensation, etc., of the officers thereof, and for other purposes, together with the Acts amendatory thereof be, and the same is hereby repealed. Eastman, City Court of, abolished. SEC. 2. Be it enacted by the authority aforesaid, That this Act repealing the Act aforesaid shall become operative, upon the passage by the Legislature of an Act introduced into the General Assembly of 1912, and approved by the Governor, creating the City Court of Eastman, in the County of Dodge, State of Georgia. This law, when effective.

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SEC. 3. Be it enacted by the authority aforesaid, That all suits, writs, petitions and proceedings of every kind and character now pending in the City Court of Eastman shall immediately be returnable to the City Court of Eastman, as contemplated in the Act introduced into the General Assembly of 1912, and as hereinbefore mentioned. Records, etc., transfer of. SEC. 4. Be it enacted by the authority, That all laws and parts of laws in conflict with the foregoing be, and the same are, hereby repealed. Approved August 16, 1912. EASTMAN, CITY COURT OF, ESTABLISHED. No. 632. An Act to establish the City Court of Eastman, in the County of Dodge; to define its jurisdiction and powers; to provide for the election, qualifications, duties, powers, compensation, etc., of the officers thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the City Court of Eastman, in the City of Eastman, in the County of Dodge, is hereby established and organized, to be held in the City of Eastman, with jurisdiction civil and criminal over the entire County of Dodge. Eastman, City Court of, established. SEC. 2. Be it further enacted by the authority aforesaid, That said City Court of Eastman shall have jurisdiction

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to try and dispose of all cases, of whatever nature, concurrent with the Superior Court, except those cases over which exclusive jurisdiction is vested in other Courts by the Constitution of the State of Georgia. Jurisdiction in civil cases; SEC. 3. Be it further enacted by the authority aforesaid, That said City Court of Eastman shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the County of Dodge, where the offender is not subjected to loss of life or confinement in the penitentiary. All cases arising in said Court or committed thereto by our Justice Courts shall be tried upon accusation. In criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a Judge of the said City Court of Eastman, who shall be elected by the qualified voters of the County of Dodge, such election to be for a term of four years, beginning January 1st, 1913, the first election to be held at the general election in October, 1912, and thereafter, the election to be held at the end of each term of four years. Vacancies arising from death or otherwise to be filled by appointment of the Governor, the appointee to hold until his successor is elected and qualified at an election to be called by the Ordinary of Dodge County, at a date not later than ninety days nor earlier than thirty days after vacancy occurs. The Judge of the said City Court of Eastman shall receive a salary of $1,200 dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of the County of Dodge, and the county authority shall levy a tax for the purpose of this Act. Judge, election, term and salary. SEC. 5. Be it further enacted by the authority aforesaid, That any person who shall be elected Judge of the

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said City Court must at the time of such election be at least twenty-eight years of age; he must also have been a resident of Dodge County for at least two years immediately preceding his election, and must also have been a practicing attorney for at least five years before his election, and before entering upon the discharge of the duties of his office he shall take and subscribe the following oath: I solemnly swear that I will administer justice without respect to person, and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the City Court of Eastman, according to the best of my ability and understanding, according to the laws and Constitution of this State and of the United States; so help me God, and said oath shall be forwarded to the Governor and filed in the executive department. Said Judge will have the right to practice law in all the Courts except the City Court of Eastman. Qualifications and oath. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of the said City Court of Eastman, who shall be elected by the qualified voters of the County of Dodge, such election to be for a term of four years, beginning January 1st, 1913, the first election to be held at the general election in October, 1912, and thereafter, the election to be held at the end of each term of four years. Vacancies arising from death or otherwise to be filled by appointment of the Governor, the appointee to hold until his successor is elected and qualified at an election to be called by the Ordinary of Dodge County, at a date not later than ninety days nor earlier than thirty days after vacancy occurs. The fees of such Solicitor shall be the same as are now provided for Solicitors-General of the Superior Courts of this State. Said Solicitor before

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entering upon the duties of his office, shall give bond, with good security in the sum of five hundred dollars, conditioned for the faithful discharge of the duties of his office, and shall in addition to the oath required of all civil officers, take and subscribe the following oath: I do swear that I will faithfully and impartially and without fear, favor or affection discharge my duties as Solicitor of the City Court of Eastman, so help me God. Said bond shall be payable to the Governor, shall be approved by the Judge of the said City Court, and shall, together with said oath, be entered on the minutes of said Court by the Clerk, and may be sued on by any person interested. If, for any reason, said Solicitor shall fail or be disqualified to act in any case the Court shall appoint a Solicitor pro tem. Solicitor, election, term, compensation and oath. SEC. 7. Be it further enacted by the authority aforesaid, That the Clerk of the Superior Court of Dodge County shall be ex-officio Clerk of said City Court, and shall perform in said City Court the same duties that are, by law required of him as an officer of the Superior Court, so far as the same are applicable, and for his service he shall receive the same compensation he is entitled to receive for similar services in the Superior Courts, except in civil cases where the amount involved is under one hundred dollars his fees shall be one-half those in the Superior Courts, and if the amount is less than twenty-five dollars the plaintiff shall not recover more than Justice Court costs. The Clerk shall execute a bond in the sum of two thousand dollars conditioned for the faithful discharge of the duties of his office, to be approved by the Judge of said Court and recorded on the minutes thereof. Clerk. SEC. 8. Be it further enacted by the authority aforesaid, That the Sheriff of Dodge County shall, by virtue of

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his office, be Sheriff of the City Court of Eastman, and in his official connection with said Court shall be known as the Sheriff of the City Court of Eastman. Before entering upon the discharge of the duties of his office, he shall execute a bond with good security, in the sum of three thousand dollars, for the faithful discharge of the duties of his office. He shall have power, with the consent of the Judge of said Court, to appoint a Deputy, for whose acts said Sheriff shall be responsible. Said Sheriff shall receive the same fees as are now, or may be hereafter, allowed by law to the Sheriff of Dodge County, except that in civil cases where the amount involved is less than one hundred dollars, then his fees shall be one-half those in the Superior Court, and if less than twenty-five dollars the plaintiff shall only recover Justice Court costs. Said bond shall be approved by the Judge of said Court and recorded on the minutes thereof. Sheriff. SEC. 9. Be it further enacted by the authority aforesaid. That the Judge of the City Court of Eastman is empowered to exercise the same authority over the Clerk and Sheriff and Deputy Sheriff of said Court as may be exercised by the Judge of the Superior Court over the Clerk, and Sheriff and Deputy Sheriffs in the counties of Georgia. Judge, powers of. SEC. 10. Be it further enacted by the authority aforesaid, That the Judge of the City Court of Eastman shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders to foreclose liens and mortgages on personalty; to attest deeds, and other papers and take affidavits, anywhere in this State, and said Judge, Solicitor, Clerk and Sheriff and his Deputy shall have power to administer all oaths and do all other official acts pertaining to their offices respectively, as the

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Judge and other officers of the Superior Court may in like cases do. Said Judge shall also have power to issue writs of habeas corpus, and hear and determine the same as Judges of the Superior Courts may do; to cause testimony to be taken, to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally do all acts which the Judges of the County Courts of this State are authorized to do, unless otherwise provided in this Act; and said Judge of the City Court of Eastman shall have the power and authority throughout his jurisdiction of Judges of the Superior Courts of this State, except where, by law, exclusive power and authority are vested in the Judges of the Superior Court; and all laws relating to and governing Judges of the Superior Courts shall apply to the Judge of the said City Court, so far as the same may be applicable, except as herein provided. Judge, powers and authority of. SEC. 11. Be it further enacted by the authority aforesaid, That the regular terms of said City Court of Eastman shall be held quarterly on the second Mondays in January, April, July and October of each year. The Judge of said Court shall have power to hold said Court in session so long as in his judgment the same shall be necessary at each regular and adjourned terms, and he shall also have power to order and hold adjourned terms of said Court when in his judgment it is necessary, and to adjourn his regular terms to such times as he shall deem best. Said Judge shall in his discretion have power and authority to hold special terms of said Court for the trial of criminal cases when trial by jury is demanded, and he shall have the power to draw juries for such special terms in the same manner as juries are drawn at regular terms, and he shall

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have the same power as to holding adjourned and special terms of his Court as Judges of the Superior Courts have. Terms of Court. SEC. 12. Be it further enacted by the authority aforesaid, That suits of said City Court shall in all respects be conformable to the modes of proceeding in the Superior Court, except as hereinafter provided, but the process to writs shall be annexed by the Clerk of said City Court, attested in the name of the Judge thereof, and be directed to and served by the Sheriff of the City Court of Eastman, or his Deputy therein, and all executions issuing from said Court shall be attested in the name of the Judge, and signed by the Clerk, and directed to the Sheriff or his Deputy of the City Court of Eastman, and all and singular the Sheriffs or their Deputies, of the State of Georgia. Proceedings. SEC. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service and pleading and practice, the laws governing in the Superior Court, where not inconsistent with this Act and unless otherwise specially provided for in 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 said City Court shall have power and authority to hear and determine all civil cases in which said Court has jurisdiction, and to give judgment therein; provided, that either party in any civil cause pending in said Court upon entering a demand therefor, shall have a trial by jury by himself or his attorney, in writing before the call of the docket in all cases in which such parties may be entitled to a trial by jury, under the Constitution and laws of this State, which election shall not be withdrawn except by consent. Judge, powers of.

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SEC. 15. Be it further enacted by the authority aforesaid, That said Court shall have jurisdiction of all claim cases where personal property is levied on under process from said Court, which claim shall be tried in the same manner as claims in the Superior Court, except that the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as is practiced in other Courts. Claims. SEC. 16. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachment and garnishments in the Superior Courts of this State shall apply to said City Court, so far as the nature of the City Court will admit. The Judge of said City Court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said City Court under the same laws that govern the issuing of attachments in the Superior Courts and all attachments returnable to the City Court of Eastman shall be directed to all and singular the Sheriffs and Constables of this State, and may be served by the Sheriff of the City Court, or his Deputy, or any Sheriff or Constable, or other officer authorized by law to levy attachments returnable to other Courts. Attachments and garnishments. SEC. 17. Be it further enacted by the authority aforesaid, That the garnishment proceedings in said City Court shall be conformable to the laws in the State on the subject, in the Superior Court. Proceedings in garnishments. SEC. 18. Be it further enacted by the authority aforesaid, That all proceedings to make parties, in any cause, in the City Court shall conform to the laws on that subject, in the Superior Court. Parties. SEC. 19. Be it further enacted by the authority aforesaid,

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That the general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, sets-off, affidavits of illegality, arbitration, examination of witnesses by interrogatories or under subp[oelig]na, witnesses and their attendance, continuances, motion for new trials, and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of said City Court, shall be applicable to said City Courts unless otherwise herein provided. Proceedings and practice. SEC. 20. Be it further enacted by the authority aforesaid, That the said City Court of Eastman shall be a Court of record, and shall have a seal, and the minutes, dockets, records, and other books and files, that are required by law to be kept for the Superior Court shall be kept in and for the said City Court, and in the same manner; and all laws applicable to the duties of Clerk and Sheriff of the Superior Court, shall apply to them in said City Court, except where they conflict with the provisions of this Act; and the Clerk of said Court shall keep a record, upon which he shall file and record all declarations in suit, filed in said Court, together with any pleas filed therein during or immediately after adjournment of Court at the appearance term of such cases, the fee for recording same to be taxed in cost bill. Court of Record and officers. SEC. 21. Be it further enacted by the authority aforesaid, That all laws regulating the enforcements of the judgments of the Superior Courts, whether civil or criminal, shall apply to said City Court, and execution shall issue and be levied, and sales be had thereunder under the same rules and laws regulating the same in Superior Court. Judgments, how enforced. SEC. 22. Be it further enacted by the authority aforesaid,

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That the Judge of the City Court of Eastman shall have the power to enforce his orders, preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the Judges of the Superior Courts of this State. Contempt. SEC. 23. Be it enacted by the authority aforesaid, 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. Juries. SEC. 24. Be it further enacted by the authority aforesaid, That all civil cases pending in said City Court in which a jury is demanded by either party, as provided in Section 14 of this Act and in all criminal cases in which the defendant shall demand a jury, as provided in Section 26 of this Act, a jury trial shall be had in the term time under the provisions of this Act by a jury of eight men, unless a jury of twelve is demanded. All civil cases in which no jury is demanded by either party shall be tried by the Court in term time, and all criimnal cases in which no jury is demanded by the defendant shall be tried by the Court either in term time or at any time between the regular

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terms of said Court, and said Court shall be open for trial of such criminal cases at all times. Jury trials, when held. SEC. 25. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said City Court of Eastman shall be tried on written accusation, setting forth plainly the offense charged, as in indictments, which accusation shall be based on the affidavit of the prosecutor or other person, and signed by the Solicitor of said City Court. Accusation. SEC. 26. Be it further enacted by the authority aforesaid, That when any criminal cases in the said Court, founded either upon indictment or presentment by the grand Jury, or upon an accusation in said City Court, is called for trial, and before the arraignment of the defendant, the Judge shall inquire of the defendant whether he demands a trial by jury, and the response of the defendant shall be entered on said indictment or accusation. If the defendant demands a trial by jury, and the said Court is not sitting at a regular term, the Judge shall admit the defendant to bail to answer at the next regular term, or in the defendant's failure to give bond, shall commit him to jail, to await his trial at the regular term. Jury trials, when demanded. Cases, when tried. If the defendant waives trial by jury then the Judge of said Court shall proceed to hear and determine such criminal cause without a jury; provided, always, that a reasonable time may be granted the State or defendant to prepare for trial. SEC. 27. Be it further enacted by the authority aforesaid, That when the Judges of the Superior Court of Dodge County shall transfer any presentments or bills of indictment for misdemeanor to said City Court for trial, the

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order so transmitting the same shall be entered on the minutes of both Courts. Cases, transferred from Superior Court. SEC. 28. Be it further enacted by the authority aforesaid, That the Judge of said Court shall have the same power to appoint bailiffs at any term of the Court that the Judges of the Superior Courts have. Bailiffs. SEC. 29. Be it further enacted by the authority aforesaid, That the Judge of the said City Court of Eastman shall have power to grant new trials in all cases civil and criminal in said Court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the Superior Courts. All rules of pleadings, practice and procedure governing motions for new trials in the Superior Courts, and the hearing and the determination thereof in vacation or term time shall apply to and govern the same in the said City Court. New trials. SEC. 30. Be it further enacted by the authority aforesaid, That writs of error directed from said City Court of Eastman to the Supreme Court of this State shall be upon bills of exception filed under the same rules and regulations as govern and control the filing of bills of exception and the issue of writs of error in the Superior Courts of this State. Writs of error. SEC. 31. Be it further enacted by the authority aforesaid, That the first term of said Court to which a case is brought shall be the judgment or trial term, and all the laws, rules and practices in the Superior Courts with reference to the trial of causes shall apply to the City Court of Eastman, unless in conflict with this Act, or otherwise provided herein. Trial term.

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SEC. 32. Be it further enacted by the authority aforesaid, That wherever the Judge of said City Court is disqualified from presiding in any case, from any cause, and the Judge of the Superior Court on account of absence or other cause, shall fail to preside in said Court, as provided in the Constitution of this State, then, upon consent of parties or upon their failure or refusal to agree, said cause may be tried by a Judge pro hac vice selected in the same manner as now provided for in the Superior Court. Judge, disqualified. SEC. 33. Be it further enacted by the authority aforesaid, That the county authorities of Dodge County shall have authority and power to hire out convicts of said City Court under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of this State, and the money arising from such hire shall be applied to the insolvent fund of the officers of said Court, and shall be paid out by them, together with fines and forfeitures, as provided in Section 34 of this Act. Hire of convicts. SEC. 34. Be it further enacted by the authority aforesaid, That at or within ten days after each regular term of said City Court and oftener if he shall deem proper to do so, the Judge of said Court shall distribute the fines and forfeitures and convict hire arising from cases tried in said Court as follows: Fines, forfeitures and convict hire arising in cases which originate in said City Court shall be prorated between the Solicitor and Clerk and Sheriff of the City Court and Justices of the Peace and Constables on their bills for insolvent costs in cases originating in said City Court; fines, forfeitures and convict hire arising from cases transferred from the Superior Court to the City Court shall be prorated between the Solicitor, Clerk and Sheriff of the City Court, the Solicitor-General

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and Clerk and Sheriff of the Superior Court, and Justices of the Peace and Constables in their bills for insolvent costs in transferred cases. If at any time there should be a surplus of the insolvent fund arising from cases originating in the City Court after paying all insolvent costs, on cases originating in the City Court, the same shall be applied to the insolvent costs in transforred cases, and if at any time there shall be a surplus of the insolvent fund arising in transferred cases, the same shall be applied to insolvent costs in cases originating in City Court. The Judge of said City Court, before paying insolvent bills shall approve the same and order them entered on the minutes of said City Court, and such bills for insolvent costs shall be a lien on said insolvent funds superior to all other liens. Fines and forfeitures. SEC. 35. Be it further enacted by the authority aforesaid, That the county authorities of Dodge County shall provide the necessary books for keeping the dockets, minutes and records of said City Court, and all other books and stationery necessary to run said Court, and that said City Court shall be held in the court house of Dodge County in the City of Eastman. Court room and supplies. SEC. 36. Be it further enacted by the authority aforesaid, That the several Justices of the Peace of said county in admitting defendants to bail in misdemeanor cases, and all other parties or officers taking bond for the appearance of any defendant who stands changed with a misdemeanor, shall make same returnable to said City Court of Eastman, either at term time or at such time as may be set or agreed upon in vacation for the trial of said case, whether said case originate by accusation in said City Court of Eastman,

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or by indictment or presentment by the Grand Jury of said county. Appearance bonds. SEC. 37. Be it further enacted by the authority aforesaid, That upon the failure on the part of any defendant to appear and answer to any charge he may stand accused of in said City Court at the time named in said bond, said bond shall be forfeited, at term time by the officers of said City Court, under the same rules and regulations as bonds are now forfeited in the Superior Courts of this State, and the fee of the officers of the said City Court of Eastman, in cases of forfeited bond, shall be the same as are now allowed by law to the officers of the Superior Courts of this State for like services. Forfeitures. SEC. 38. Be it further enacted by the authority aforesaid, That no person charged with a criminal offense falling within the jurisdiction of said City Court of Eastman shall have the right to demand indictment by the Grand Jury before trial. Indictments. SEC. 39. Be it further enacted by the authority aforesaid, That any case of a civil character now pending in the Superior Court of Dodge County of which said City Court may have jurisdiction may be transferred to the City Court of Eastman together with all process, writs, summons, etc., returnable to said Superior Court which shall be returned to said City Court, upon the written consent of the parties or their counsel, which shall stand for trial at the next term accruing not less than five days after the filing thereof. Transfers from Superior Court. SEC. 40. Be it further enacted by the authority aforesaid, That this Act shall go into effect immediately upon

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its passage and approval by the Governor, and the first term thereof shall be the second Monday in January, 1913. This law, when effective. SEC. 41. Be it further enacted by the authority aforesaid, That there may or may not, be a stenographer of said City Court of Eastman, appointed by the Judge thereof, and all civil cases in said Court shall be reported at the request of either the plaintiff or defendant if the Judge in his discretion should consider the case one which should be reported, and the fees for reporting such cases to be the same as allowed for similar services in the Superior Court, to be paid by the plaintiff and defendant equally and in final disposition of case to be taxed against losing party as other costs. And said stenographer shall have the right to enforce his fees as stenographers in Superior Court. Stenographer. SEC. 42. Be it further enacted by the authority aforesaid, That all convicts of said City Court shall be turned over to the authorities of Dodge County, who may hire them out in terms of the law, or, in their discretion, use them upon the roads or other public works of said county. Convicts, disposition of. SEC. 43. Be it further enacted by the authority aforesaid, That in case such convicts are hired out as herein provided, the hire arising therefrom shall be paid into the treasury of the county and applied to the payment of the costs in each particular case, and the surplus to the insolvent costs of the Solicitor, Clerk and Sheriff of said Court; said authorities shall in each instance pay the costs accrued in the case to judgment, all such payments to be made by warrants upon the treasury of the county upon the orders of the Judge of the said City Court taxing the costs in each case, copies thereof to be furnished said authorities by the Clerk of said Court. Hire of convicts.

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SEC. 44. Be it further enacted by the authority aforesaid, That fines, forfeitures, convict hire, etc., arising in said City Court in cases transferred from the Superior Court, the said Solicitor and Solicitor-General shall divide equally the costs for prosecuting the same, the surplus, if any, to be applied as in cases originating in said City Court. Fees of Solicitor. SEC. 45. Be it further enacted by the authority aforesaid, That all fines and forfeitures in said City Court shall be paid to the Solicitor of said Court, who shall as often as justice may require, tax the costs and pro rate such fines and forfeitures according to law. Fines and forfeitures. SEC. 46. Be it further enacted by the authority aforesaid, That candidates for Judge and Solicitor as contemplated by this Act be selected in the primary to be held on the 21st day of August, 1912, and that in future candidates for these offices be selected in primaries called for selection of county officers. Judge and Solicitor, election of. SEC. 47. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and they are, hereby repealed. Approved August 19, 1912. ELBERTON, CITY COURT OF, ACT CREATING AMENDED. No. 339. An Act to amend an Act entitled An Act to establish the City Court of Elberton, in Elbert County; to define its

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jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved December the 19th, 1896, so as to pay the Solicitor of said Court a salary in lieu of the fees provided in the original Act, and further to provide for the disposition of the fines and forfeitures orising 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 Section 6 of said Act be amended by striking from said Section the following, beginning after the word years in the fourth line of said Section to and including the numerals $25.00 in the ninth line of said Section, which reads as follows: The fees of said Solicitor shall be as follows:For every case finally disposed of in said Court founded on accusation, ten dollars ($10.00); for every indictment or special presentment finally disposed of in the City Court, five dollars ($5.00); for every case for the violation of the gambling laws of this State, twenty-five dollars ($25.00); and further amending said Section by striking therefrom the following, beginning with the word for in the fifteenth line of said section and including the word Court in the eighteenth line of said Section, which reads as follows: For all services for which Act does not provide, said Solicitor shall receive the same fees now allowed by law for similar services in the Superior Court. And further by amending said Section beginning after the word years in the fourth line thereof the following: That the Solicitor of the said Court shall be paid a salary of twelve hundred ($1,200.00) per annum, to be paid quarterly

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within five days after the adjournment of each term of said Court, upon the order of the presiding Judge, as hereinafter in this Act provided for; so that said Section 6 when so amended shall read as follows: Elberton, City Court of, Act creating amended. Section 6. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of said City Court of Elberton, to be appointed by the Judge thereof, whose term of office shall be two years. That the Solicitor of said Court shall be paid a salary of twelve hundred dollars ($1,200.00) per annum, to be paid quarterly within five days after the adjournment of each term of said Court upon the order of the presiding Judge as hereinafter in this Act provided for. For representing the State in each case carried to the Supreme Court from said City Court, fifteen dollars ($15.00). Said Solicitor shall for his services in the Supreme Court be paid out of the treasury of the State by warrant, drawn by the Governor upon the certificate of the Clerk of the Supreme Court as to the performance of such services, and the certificate of the Clerk of the City Court of the insolvency or the acquittal of the defendant. Said Solicitor before entering upon the duties of his office shall give bond with good security in the sum of one thousand dollars conditioned for the faithful discharge of the duties of his office, and shall in addition to the oath required of all civil officers, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as Solicitor of the City Court of Elberton, so help me God. Said bond shall be payable to the Governor, shall be approved by the Judge of said Court, and shall together with said oath, be entered upon the minutes of said Court by the Clerk, and may be sued on by any person interested. If for any reason said Solicitor should fail or be disqualified

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to act in any case, the Court shall have power to appoint a Solicitor pro tem. Salary of Solicitor. Bond. SEC. 2. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising in said City Court of Elberton shall be paid to the Clerk of said Court and by said Clerk paid over to the Treasurer of Elbert County to be held by said Treasurer as a separate fund to be known as the fund of fines and forfeitures of the City Court of Elberton. Fines and forfeitures. SEC. 3. Be it further enacted by the authority aforesaid, That our of said fund, and as a first lien on said fund, there shall be paid the salary of the Solicitor of said Court, in the manner and form as hereinbefore specified. First lien. SEC. 4. Be it further enacted by the authority aforesaid, That out of the said fund of fines and forfeitures of said City Court shall next be paid, and as a second lien thereon, the insolvent cost of the officers of said Court, arising only after January 1st, 1913, and not otherwise. Second lien. SEC. 5. Be it further enacted by the authority aforesaid, That on the last day of June and December, of each year, and semi-annually thereafter, that the Treasurer of Elbert County shall transfer any amount over and above the sum of three hundred dollars ($300.00) that may be unused in the fund of fines and forfeitures of said Court, to the general fund of the Treasury of Elbert County. Transfer to general fund, when. SEC. 6. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become effective until January 1st, 1913. Effective, when.

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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 July 29, 1912. GREENE COUNTY, COUNTY COURT OF, ABOLISHED. No. 412. An Act to repeal an Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19th, 1872, and all Acts amendatory thereof, so far as the same applies to Greene County, and to provide for the disposition of all business pending in the County Court of Greene 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 Act and all amendments thereof as now embodied in the Code of 1895, from Section 4170 to 4217 inclusive, and all other amendments relating to said Act, be and the same are hereby repealed, so far as they apply to the County of Greene, and the County Court of said County of Greene is hereby abolished; provided, however, that this Act shall not go into effect until the Act creating the City Court of Greensboro, in the County of Greene, becomes effective. County Court of Greene County abolished. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1912.

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GREENSBORO, CITY COURT OF, ESTABLISHED. No. 415. An Act to create the City Court of Greensboro, in the City of Greensboro, and for the County of Greene; to prescribe its jurisdiction and the powers and duties thereof; to provide the qualifications for the officers thereof; the manner of their appointment and terms of office; to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City Court of Greensboro, to be located in the City of Greensboro, in the County of Greene, is hereby established and created, with civil and criminal jurisdiction over the whole County of Greene, concurrent with the Superior Court to try and dispose of all civil cases of whatever nature, except those of which the Constitution of this State has given the Superior Court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the County of Greene. That the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also the other kind of suits and proceedings which now or may hereafter be in use in the Superior Court either under the common law or statutes, including, among others, attachment and garnishment proceedings, claims to personalty, 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 on personalty, and

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habeas corpus proceedings. The Judge of said City Court shall have the power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same power as the Judge of the Superior Court. Greensboro City Court of established. Jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a Judge of said City Court who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for the term of four years and if there shall be a vacancy in the office of Judge said vacancy shall be filled by the Governor, said appointee to hold for the unexpired term of his predecessor. The Judge of said City Court shall receive a salary of one thousand and two hundred dollars per annum, which shall be paid monthly by the Treasurer of the County of Greene, and it shall be the duty of the Commissioner of Roads and Revenues of said county or other proper officer, to make provision annually in levying taxes for this purpose. The Judge shall receive no other compensation, but may practice law in any other Court except his own. The Judge of the present County Court of Greene County shall be the Judge of said City Court of Greensboro until his term of office as said county Judge would have expired had not said County Court been abolished. Judge and his compensation. SEC. 3. Be it enacted by the authority aforesaid, That no one shall be eligible to the office of said Judgeship unless he shall be at the time of his qualifications at least twentyfive years of age, a resident of Greene County for four years immediately preceding his appointment, and must have been a practicing attorney at law for four years before his appointment; he shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect

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to person, and do equal rights to the 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 Greensboro, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of the State and Constitution of the United States, so help me God, which oath shall be filed in the executive department. Qualifications of Judge. Oath required. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of said City Court who shall be appointed in the same manner as the Judge of said City Court, whose term of office shall be four years, and whose duty it shall be to prosecute all offenses, cognizable before said City Court, in both said City Court and in the Court of Appeals on writ of error from said City Court. Said Solicitor must be at least twenty-five years of age and a resident of Greene County for three years, next after assuming the office of Solicitor, and a practicing attorney, and before entering upon the duties of his office shall take and subscribe the same oath required of Solicitor-Generals of this State, and give bond with security in the sum of one thousand dollars. All vacancies in said office shall be filled in the same manner as prescribed in this Act for filling vacancies in the office of Judge of said Court. The Solicitor shall receive as his compensation a salary of eight hundred dollars per annum, which shall be paid monthly by the Treasurer of Greene County, and it shall be the duty of the Commissioner of Roads and Revenues of said county, or other proper officer, to make provision annually in levying taxes for this purpose. He shall receive no other compensation from said county for his services. In the absence or disqualification of said Solicitor, the City Court Judge shall appoint a Solicitor pro tem., whose compensation

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shall be fixed by said Judge, and be paid from the salary due the Solicitor. Solicitor and his compensation. SEC. 5. Be it further enacted by the authority aforesaid, That the Clerk and his Deputies of the Superior Court of Greene County shall be ex-officio Clerk and Deputies of said City Court. Said Clerk before entering upon the duties of his office, shall take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the minutes of said City Court. He shall also, before entering upon the duties of his office, execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of said office. Clerk and his deputies. SEC. 6. Be it further enacted by the authority aforesaid, That the Sheriff of Greene County shall be ex-officio Sheriff of said City Court of Greensboro. He shall have the same authority to appoint a deputy or deputies as provided in the Code for the appointment of Deputy Sheriffs. Sheriff and his deputies. SEC. 7. Be it further enacted by the authority aforesaid, That the Clerk and Sheriff of said City Court and their Deputies shall, unless otherwise specified in this Act, receive for all services the same fees as are allowed by law for like services in the Superior Court except in civil actions where the principal sum involved does not exceed one hundred dollars, in which case their cost shall be one-half that allowed them for similar services in the Superior Court, and in criminal cases transferred from the Superior Court to said City Court the Clerk's cost in said City Court shall be one-half of that allowed him for like service in the Superior Court; said Clerk and Sheriff shall be amenable in said Court to the same processes and penalties as they are now

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amenable to as officers in the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Court as they are now entitled to in the said Superior Court. SEC. 8. Be it further enacted by the authority aforesaid, That the Solicitor of the County Court of Greene County shall be Solicitor of said City Court of Greensboro until his term of office as Solicitor of the County Court of Greene County would have expired had not said County Court been abolished. County Court Solicitor. First Solicitor. SEC. 9. Be it further enacted by the authority aforesaid, That the terms of the said Court shall be quarterly for the trial and disposition of criminal and civil business, and shall be held on the second Mondays in March, June, September and December of each year; provided, that the Judge of said Court may, in his sound legal discretion, call special terms of said Court, under the same rules and provisions as now or may hereafter exist for calling special sessions of the Superior Courts of this State by the Judges thereof. The terms of said Court shall be held at the court house in the City of Greensboro, in the County of Greene, for which, when necessary, juries shall be drawn as hereinafter directed and shall last until the business is disposed of, unless sooner adjourned for good cause. The Judge of said City Court shall, in his discretion, hold his court at the same place at any other time than the regular term for the transaction of criminal business, which does not require a jury, as speedily as possible consistent with the interests of the State and the accused, and may also hold adjourned terms of the regular terms of said City Court for which he may draw new juries or require the attendance of the same jury as in his sound legal discretion

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may seem best. Said City Court Judge may also in his discretion set cases for trial at convenient times, and the same may then be tried as of the term, whether Court has been held from day to day until said time or not. Terms of Court. SEC. 10. Be it further enacted by the authority aforesaid, That suits in said City Court shall in all respects be conformable to the mode of proceeding in the Superior Court, except as hereinafter provided; the process to writs shall be annexed by the Clerk of said City Court, be tested in the name of the Judge thereof, and be directed to and served as provided for processes for the Superior Court. Procedure. SEC. 11. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleading and practice, the law governing the Superior Court, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said City Court. Practice. SEC. 12. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the power and authority to hear and determine without a jury all civil causes of which said Court has jurisdiction and to give judgment therein; provided, trial by jury has been waived in writing by all parties at or before the call of the case for trial in all cases where a party is entitled to a trial by jury under the Constitution and laws of this State. Power of Judge. Jury trials, when. SEC. 13. Be it further enacted by the authority aforesaid, That all judgments obtained in said Court shall be a lien on the property of defendant or defendants, throughout the State, in the same manner as judgments of the Superior Court are; but property exempt from levy and

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sale under the laws of this State shall be exempt from levy and sale under process from said Court. Lien of judgments. SEC. 14. Be it further enacted by the authority aforesaid, That claims to real estate levied on under execution or other process from said City Court shall be returnable to the Superior Court of the county where such real property is situated, and shall then proceed as other claims in the Superior Court. Claims to real estate returnable to Superior Court. SEC. 15. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments as to any manner whatever in the Superior Courts of this State shall apply to said City Court as if named with the Superior Court, so far as the nature of said City Court will admit. The Judge of said City Court may, or any Justice of the Peace or Notary Public and ex-officio Justice of the Peace may issue attachments returnable to said City Court under the same laws governing the issuing of attachments returnable to the Superior Court. Attachments, garnishments, etc. SEC. 16. Be it further enacted by the authority aforesaid, That the Judge of said City Court may at the appearance term, enter judgment against any defendant in any case in default in like manner as he could at the trial term; and any case in which any answer or defense has been filed may be tried at the appearance term, if all parties announce ready, but no party shall be forced to trial at the appearance term without his consent. Default judgments. SEC. 17. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have power to cause testimony to be taken and used de bene esse, and

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for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general law of the State; and the Judge and all other officers of said City Court shall have power respectively to administer all oaths pertaining to their office as the Judge and other officers of the Superior Court may in like cases do; and said Judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in this State in which by existing laws deeds and papers may be attested and affidavits administered by Justices of the Peace of this State, and the Judge of said City Court shall have all the powers and authority throughout his jurisdiction as Judges of the Superior Court, and all laws relating to and governing Judges of the Superior Court shall apply to the Judge of said City Court, so far as the same may be applicable, except as herein provided. Powers of Judge. SEC. 18. Be it further enacted by authority aforesaid, That it shall be the duty of the Clerk of said City Court to prepare and file in his office a complete copy of jury lists of the Superior Court of Greene County as provided from time to time for said Superior Court. From said copy so made jurors in said City Court shall be drawn in the following manner: The Clerk of said City Court shall write upon separate tickets the name of each juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn 24 jurors in the manner now required by law in the Superior Courts; provided, however, that the defendant in any criminal case and either party in any civil case may waive demand for a full panel and demand a panel of twelve jurors from which shall be selected a jury of six as hereinafter provided. All laws with reference to the drawing and summoning traverse and tales traverse jurors in the Superior

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Court, shall apply to the City Court, except that the Sheriff shall be paid five dollars for summoning said jurors. All exemptions from jury duty now in force in the County of Greene shall be of effect and apply in said City Court. Jury lists. SEC. 19. Be it further enacted by the authority aforesaid, That all laws in reference to qualifications, relations, impaneling, fining and challenging jurors now in force in this State are hereafter enacted by the General Assembly regulating the same in the Superior Court shall apply to and be observed in said City Court, except when inconsistent with provisions of this Act. Qualifications, etc., of jurors. SEC. 20. Be it further enacted by the authority aforesaid, That the twenty-four jurors drawn and summoned as above provided shall constitute the panel, from which panel twelve jurors are to be selected to try all cases where jury trial has not been waived, selection to be made as follows: In civil cases the plaintiff and defendant are to have six strikes each, in criminal cases the defendant is to have eight strikes and the State to have four strikes. Provided, however, that where a full panel has been waived as provided in Section 18 and a panel of twelve has been summoned the strikes shall be proportionately the same as when twenty-four jurors are summoned and the jury in either civil or criminal cases shall consist of six jurors. Panels and strikes. SEC. 21. Be it further enacted by the authority aforesaid, That the Sheriff of said Court by and with the approval of the Judge, is authorized to appoint at each term of said Court not exceeding two Bailiffs, as officers of said Court, who shall receive for their services two dollars per day. Bailiffs and their compensation.

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SEC. 22. Be it further enacted by the authority aforesaid, That all criminal cases in said City Court may be tried by the Judge thereof without a jury when the accused in writing shall waive a demand for jury trial. All criminal cases in said City Court may be tried upon an accusation drawn by the Solicitor of said Court or the Solicitor pro tem. when the Solicitor is absent; provided, that before any defendant shall be forced to trial upon an accusation without former indictment by the Grand Jury, he, or his counsel, shall be served with a copy of said accusation and a list of all the State's witnesses at least thirty days before the trial, but after such service, if the accusation is quashed for insufficiency, it shall be in the discretion of the Court to proceed at once on a new accusation, or to postpone the case. Criminal cases, how tried. SEC. 23. Be it further enacted by the authority aforesaid, That all accusations in criminal cases shall be founded upon the affidavit of the prosecutor and signed by the Solicitor or Solicitor pro tem. of said City Court, and in all criminal cases within the jurisdiction of the said City Court the defendant shall have the right to demand an indictment by the Grand Jury of Greene County. All proceedings after accusation or indictment shall conform to the rules governing like cases in the Superior Court, except that the defendant may waive trial by jury as hereinbefore provided. The accusation or indictment shall describe the offense charged with the same particularity, both as to matter of form and substance as is required by the laws and rules of criminal pleadings to be observed in bills of indictment in the Superior Court. Accusations and indictments. SEC. 24. Be it further enacted by the authority aforesaid, That the Judge of the Superior Court shall send down

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from the Superior Court of Greene County to said City Court, for trial and final disposition, all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the Superior Court, and the order transmitting such cases shall be entered on the minutes of both said Courts, which order may be passed in term time or vacation; provided, that in all transferred cases the Solicitor-General of the Ocmulgee Circuit shall be entitled to his accrued costs, to be collected as provided by law. Misdemeanors from Superior Court sent down. SEC. 25. Be it further enacted by the authority aforesaid, That it shall be the duty of all Justices of the Peace of Greene County, Mayors of incorporated cities in Greene County, Notaries Public and ex-officio Justices of the Peace of Greene County, to bind over to said City Court all persons charged with offenses committed within the limits of Greene County, over which said City Court has jurisdiction, there to answer said offenses. Commitments. SEC. 26. Be it further enacted by the authority aforesaid, That a writ of error shall lie from said City Court to the Court of Appeals, or to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the Superior Courts of this State. Writ of error. SEC. 27. Be it further enacted by the authority aforesaid, That in all cases in said City Court the same power and right of party as to waivers, pleadings or procedure, or other matters pertaining to the same, shall be allowed and upheld as by the law and rules to parties in Superior Court. Practice.

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SEC. 28. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have power to grant a new trial in any case, civil or criminal, in his Court, under the same terms and conditions, and under the same laws and regulations, in every respect governing the granting of new trials in the Superior Court. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the Superior Courts, shall apply to and govern same in said City Court. When a criminal case is heard at a special session of said City Court and the defendant desires to move for a new trial, such motion must be made and passed upon by the Judge of said City Court within thirty days of the rendition of the judgment complained of, and not afterwards, unless for good causes, further time may, by order, be granted, in the discretion of the Judge of said Court. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials. SEC. 29. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promissors, co-partners or joint trespassers in which any one or more reside in the County of Greene, may be brought in said Court within its jurisdiction as already stated, under the same rules and regulations governing such cases in the Superior Courts, as to copies, second original, returns and other matters connected with said suits. Jurisdiction as to certain cases. SEC. 30. Be it further enacted by the authority aforesaid, That all civil cases in which the principal sum does not exceed one hundred dollars shall be tried at the term to which the same are returned and there shall be no appearance term in said Court in such cases. All civil cases involving more than one hundred dollars, principal sum,

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shall be in every resepct as to filing, return, pleas, answer, demurrer, continuance, trial and execution conformable to the law now or hereafter to be applicable to suits in the Superior Courts of this State, the term to which said suits shall be returned shall be the appearance term, and the second term the trial term, subject to the foregoing provisions. Appearance terms, when. SEC. 31. Be it further enacted by the authority aforesaid, That whenever the Judge of said City Court is, from any cause, disqualified from presiding, and has failed to get another City Court or Superior Court Judge to preside in his place, then, upon the consent of the parties or upon their refusal or failure to agree, said cause shall be tried by a Judge pro hac vice, selected in the same manner as now provided for in the Superior Courts. Judge pro hac vice. SEC. 32. Be it further enacted by the authority aforesaid, That in the case of the absence of the Judge of said City Court at any term thereof, the Sheriff or Clerk of said Court may adjourn it to such time as the Judge may, in writing direct, or if no direction be given, the Court shall be adjourned to the next regular term. Clerk shall adjourn court when. SEC. 33. Be it further enacted, That all fines and forfeitures and convict hire arising from cases in said City Court, shall be applied to the payment of the fees and costs of Clerk and Sheriff of said City Court accruing in said Court, excepting in civil cases, and including their insolvent cost therein, the same to be distributed pro rata thereon under the same rules and regulations governing the distribution of fines and forfeitures to officers in the Superior Court; provided, however, that in cases transferred from the Superior Court of Greene County to said City Court,

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the Solicitor General, Clerk and Sheriff of the Superior Court shall be entitled to their costs which shall have accrued to the date of transfer on the bill of indictment or special presentment, bringing the money into Court; and that in cases originating in Justices Court, and sent up to said City Court, the Justice and Constable shall be entitled to their costs in the particular case in the event the defendant therein is convicted and pays the fine and costs in the case. Fines and forfeitures. SEC. 34. Be it further enacted, That in each case in said City Court in which the defendant is sentenced by the Judge of said City Court to the county chaingang, the County Commissioners of Greene County shall pay to the officers of said City Court and the Justice Court if any, their costs in the particular case; said cost to be due and payable upon the receipt of said convict by said authority of said county. Officers costs. SEC. 35. Be it further enacted by the authority aforesaid, That said City Court shall be held at the court house of Greene County in the City of Greensboro and the Board of Commissioners of Roads and Revenues of Greene County shall provide the Judge and Solicitor of said Court with an office in said court house, and necessary supplies and books for keeping the docket, minutes, and records of said City Court. Court room and supplies. SEC. 36. Be it further enacted, That there shall be a Stenographer of said City Court of Greensboro appointed by the Judge thereof, and all civil cases in said City Court shall be reported at the request of the plaintiff or defendant, or when ordered by the Judge, in his discretion, and the fee for reporting such cases to be the same as

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allowed for similar services in the Superior Courts to be paid by the plaintiff and defendant equally and in final disposition of the case to be taxed as provided by law in Superior Court. And the said Stenographer shall have the right to enforce his fees as in the Superior Courts; said Stenographer shall report and transcribe all criminal cases tried in said Court, to be paid five dollars for each day's work, out of the County Treasury on the order of the Judge of said Court. Stenographer and his compensation. In case of acquittal of the defendant, and in case no motion is made for a new trial or bill of exceptions sued out to the Supreme Court of Appeals, said Stenographer shall not be required to transcribe the notes and he shall not receive compensation for transcribing the same. SEC. 37. Be it further enacted, That when this Act takes effect, all cases, civil and criminal, pending and undisposed of in the County Court of Greene County shall be and are hereby transferred to the City Court of Greensboro 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, Bailiffs 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 said City Court shall have the powers and authority to issue and enforce in the name of said Court, any and all processes in any case from the County Court necessary to the final disposition of the same, which, from any cause, have not been issued and enforced by the officers of the County Court; all records, books and papers disposed of and of file in said County Court shall be filed and deposited with the Clerk of the City Court; all final and other processes not satisfied in the hands of the

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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 prescribed by law, make and certify copy of anything appearing on such County Court books or records and such certified copy 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 from County Court transferred to City Court. Unsatisfied processes. SEC. 38. Be it further enacted, That this Act shall not take effect until October 1st, 1912. Effective October 1, 1912. SEC. 39. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. GRIFFIN, CITY COURT OF, ACT CREATING AMENDED. No. 334. An Act to amend an Act entitled An Act to amend an Act entitled an Act to establish the City Court of Griffin, approved December 14, 1897, and the Act amendatory thereof approved December 17, 1900, as follows: first, by providing for election of the Judge of said Court by the qualified voters of said county and providing for an increase in the salary of said Judge; second, by providing for the election of the Solicitor of the City Court of Griffin by the qualified voters of said county of Spalding; by providing for collection of the fees of the Solicitor of the City Court of Griffin and the payment of the salary of said Solicitor and the disposition of the fees aforesaid, approved August 22nd, 1907, so as to authorize the Judge of said Court to

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practice law in certain Courts and cases in Spalding 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 Section 4 of an Act approved August 22, 1907, (Acts of 1907, page 193), be amended as follows: By striking out of said Section 4 the last sentence as follows: The Judge of the City Court of Griffin shall not be allowed to practice law in any Court in Spalding County, and insert in lieu thereof the following The said Judge may practice law elsewhere than in Spalding County without limitation, and in Spalding County in cases in the Ordinary's Court and in civil cases originating in the Superior Court of said county; and in cases over which the Superior Court has or may have, exclusive original or appellate jurisdiction, so that said Section when amended shall read as follows: Be it further enacted by the authority aforesaid, That any person who shall be elected Judge of said Court, must at the time of said election, be at least twenty-seven years of age; he must have been a resident of Spalding County at least four years immediately preceding his election, and must also have been a practicing attorney at least five years before his election; and before entering upon the discharge of the duties of his office must take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons and do equal rights to the poor and the

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rich and that I will faithfully and impartially discharge and perform all duties which may be required of me as Judge of the City Court of Griffin according to the best of my ability and understanding according to the laws and Constitution of this State and the United States; so help me God. And said oath shall be forwarded to the Governor and be filed in the executive department. The said Judge may practice law elsewhere than in Spalding County without limitation, and in cases in the Ordinary's Court; and in civil cases originating in Superior Court of said county; and in cases over which the Superior Court has, or may have, exclusive original or appellate jurisdiction. Judge can practice law where. SEC. 2. Be it further enacted by the authority aforesaid, That the Clerk of said Court shall receive the same fees for services rendered in criminal cases as are now paid to the Clerks of Superior Courts for similar services. Clerk's fees. SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall take effect immediately upon the expiration of the present term of office of the Judge and Clerk of said Court. Effective when. SEC. 4. 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 July 29, 1912. HALL COUNTY, CITY COURT OF, ACT CREATING AMENDED. No. 337. An Act to amend An Act to establish a City Court in the County of Hall, and to provide for the appointment of

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a Judge and Solicitor thereof, approved August 14th, 1891, and all amendments thereto, so that any Judge of the Superior Courts of this State may preside as Judge of the City Court of said County of Hall when the Judge of said City Court is absent on account of sickness or other disability and so that judgments may be obtained at the first term or appearance term of said City Court upon all open accounts sued on which are properly sworn to or verified and upon all unconditional contracts in writing where no plea is filed, and so as to increase the salary of the Judge of said Court, and so that all vacancies in the office of Judge or Solicitor shall be filled by an election by the people, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section twenty-seven (27) of the original Act creating the City Court of Hall County as contained in the published laws of 1890-1891, Volume 2, page 945, be and the same is hereby amended by adding the words to said Section: Any Judge of the Superior Courts may preside as Judge of the City Court of Hall County in case of the absence, sickness or other disability of the Judge of the City Court of Hall County, so that said Section when amended shall read as follows: Section 27. 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 Judge of the Superior Court and the Judge of said City Court may preside in the Court of each other in said county in cases where the Judge of either Court is disqualified to preside from any

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cause. Any Judge of the Superior Courts may preside as Judge of the City Court of Hall County in case of the absence, sickness, or other disability of the Judge of said City Court of Hall County. Judges of Superior Courts of State may preside. SEC. 2. Be it enacted by the authority aforesaid, That all of Section twenty-one (21) of said original Act as contained in the published laws of 1890-1891, page 944 as approved August 14th, 1891, together with all amendments heretofore made to said Section, be and the same is hereby repealed and the following words added in lieu of said Section twenty-one (21) and in lieu of all other amendments to said Section: That the first term of said City Court, after defendants in all civil cases have been served at least fifteen days before the convening of said Court, shall be trial or judgment, unless there is a plea or pleas filed by the defendant or defendants and the Judge is authorized and empowered to give judgments on all cases in default at the said first term immediately upon or after the call of the appearance docket, verdicts to be taken by the jury in all cases where the same is required by the general laws of this State. The first term shall only be the appearance term in all cases properly answered at the call of the appearance docket, and pleas filed or other proper defense made and the second term shall be trial term in all such cases where pleas or other proper defense is made, and all laws, rules and practices and pleadings in said City Court shall be the same as in the Superior Courts of the State unless otherwise provided in this Act. Default judgments. Appearance and trial terms. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the expiration of the present term of office the salary of the Judge of the City Court of

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Hall County shall be twelve hundred dollars per annum, payable monthly by the proper authorities of Hall County. Judge's salary. SEC. 4. Be it further enacted by the authority aforesaid, That in the event of a vacancy in either the office of Judge or Solicitor of the City Court of Hall County, from death, resignation, removal or other cause, the Ordinary of Hall County shall within twenty days thereafter call an election to be held for the purpose of filling said vacancy. Said election shall be held in the same manner and under the same rules and regulations as are prescribed for the holding of general elections in this State. Vacancies. how filled. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1912. JACKSON, CITY COURT OF, ACT CREATING AMENDED. No. 381. An Act to amend an Act entitled An Act to establish the City Court of Jackson, in and for the County of Butts; to define its jurisdiction and powers; to provide for the election of a Judge and Solicitor and other officers thereof, and to define their powers and duties; to provide for pleadings and practice and new trials therein, and for writs of error therefrom, and for other purposes, approved August 1st, 1911, so that the Solicitor

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of said City Court shall receive fees for his services instead of a salary, and for the repealing of Sections forty-seven (47), forty-eight (48), forty-nine (49), and fifty (50) of said Act, and to provide for the disposition of the fines and forfeitures coming into said City Court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled An Act to establish the City Court of Jackson, in and for the County of Butts; to define its jurisdiction and powers; to provide for the election of a Judge and Solicitor and other officers thereof, and to define their powers and duties; to provide for pleadings and practice and new trials therein, and for writs of error therefrom, and for other purposes, approved August 1st, 1911, be and the same is amended as follows: By striking from Section six (6) of said Act the following: Commencing on line eleven (11) of said Section as published in the public Acts of 1911, He shall receive for his services as Solicitor of said City Court of Jackson one thousand dollars per annum, to be collected out of the fines and forfeitures arising in said Court, before the fines and forfeitures arising in said Court are paid to the Treasurer of said county, until he shall have been paid the sum of one thousand dollars for each year of his term as Solicitor of said Court; provided, there shall be a sufficient amount of fines and forfeitures coming into said Court to pay said amount; and all of the fines and forfeitures arising in said Court over and above said one thousand dollars to be paid into the County Treasury to be used for general purposes and by substituting therefor the following: He shall receive for his services similar fees as are received by the Solicitor-Generals of the Superior Courts, and in the same way and manner, so that said Section when

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amended shall read as follows: Be it further enacted, That there shall be a Solicitor of said City Court of Jackson who shall be elected in the same manner as is provided for the election of Judges of said City Court of Jackson, in this Act. No person shall be eligible to the office of Solicitor of the City Court of Jackson who has not attained the age of twenty-five years, and who has not been a practicing attorney for three years next preceding his election. He shall before entering upon his duties of the office of Solicitor take the oath required of the Solicitor-General. He shall receive for his services similar fees as are received by the Solicitor-Generals of the Superior Courts, and in the same way and manner. Solicitor, his election, qualifications and salary. SEC. 2. Be it further enacted, That Sections forty-seven (47), forty-eight (48), forty-nine (49) and fifty (50) of said Act be and the same are hereby repealed. Certain sections repealed. SEC. 3. Be it further enacted, That the Solicitor, Sheriff and Clerk of said City Court and all other officers of said County of Butts shall have a lien upon the fines and forfeitures coming into said City Court, and all of said liens shall be paid out of said fines and forfeitures from the said City Court by approval of the Judge of the City Court in the same way and manner as they are paid for similar services in the Superior Court. Fines and forfeitures. SEC. 4. Be it further enacted, That all moneys remaining in the hands of the Solicitor arising from fines and forfeitures in said Court on the first day of September of each year shall be paid over to the Treasurer of the County of Butts, and by him deposited in the Treasury of Butts County for general purposes. Fines, etc., paid into Treasury, when. SEC. 5. Be it further enacted, That the provisions of

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this Act and the amendments herein enacted shall go into effect on the first day of September, 1912, and that all fines and forfeitures coming into said Court from all sources after said date shall be subject to the liens of said officers as their liens may appear, and be distributed as herein stated. Effective Sept. 1, 1912. 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 6, 1912. LUMPKIN, CITY COURT OF, ABOLISHED. No. 379. An Act to repeal an Act entitled An Act to establish the City Court of Lumpkin, in and for the City of Lumpkin, in and for the County of Stewart, to define its jurisdiction and powers; to provide for the appointment of a Judge and Solicitor, and other officers thereof, to define their duties and powers; to provide for writ of error therefrom, and new trials therein, and for other purposes, approved August 16, 1909, and to provide for the disposition of all business pending in the City Court of Lumpkin, and to provide when this repealing Act shall take effect, and to provide for the transfer of all cases that may be pending in said City Court of Lumpkin, when this Act shall take effect, and to provide for the transfer of all papers, fi. fas. and other papers therein pending, to the Superior Court of said county,

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and provide that the Superior Court of Stewart County shall hear and determine any and all cases that may arise on any issue raised on any writ, process or judgment or execution issued out of the City Court of Lumpkin, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act entitled An Act to establish the City Court of Lumpkin, in and for the City of Lumpkin, in and for the County of Stewart; to define its jurisdiction and powers; to provide for the appointment of a Judge and Solicitor and other officers thereof; to define their duties and powers; to provide for writs of error therefrom, and new trials therein, and other purposes, approved August 16, 1909, be, and the same is hereby repealed, and said City Court is hereby abolished. City Court of Lumpkin abolished. SEC. 2. Be it further enacted, That all cases pending in said City Court at the time this Act shall go into effect, whether civil or criminal, shall be transferred to the Superior Court of Stewart County, and said cases shall be tried in said Superior Court of Stewart County; and all illegalities, claims, and answers to any garnishment proceeding, and all other proceedings growing out of any execution, decree or judgment, or process, or writ or any order of said City Court, shall be returned to said Superior Court of said County of Stewart for trial; and all witnesses subp[oelig]naed in cases 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. And in all of said transferred cases, whether civil or criminal, the costs in such cases shall be taxed and be the same as fixed and prescribed by the Act creating the City Court of Lumpkin. Transfer of pending cases.

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SEC. 3. Be it further enacted, That all cases pending in said City Court and transferred to said Superior Court of Stewart County shall stand for trial at the next regular term of said Superior Court of Stewart County, unless continued therein under the laws regulating the continuance of cases in said Superior Court; and in passing on any motion to continue the entries on the docket of the City Court shall be taken into consideration as if the same were on the docket of the Superior Court. Trial of transferred cases. SEC. 4. Be it further enacted, That on the trial of any of such transferred cases the dockets, minutes, and other records of the City Court of Lumpkin shall be used as original records in any of said cases, and shall be admissible as original evidence; and should said records be required in other counties or jurisdictions the Clerk of the Superior Court of Stewart County shall be authorized and required to certify same. City Court records as evidence. SEC. 5. Be it further enacted, That the provisions of this Act shall go into force and become effective on the first day of January, nineteen hundred and thirteen (1913). Effective January 1, 1913. 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 6, 1912. MILLEN, CITY COURT OF, CREATED. No. 795. An Act to establish the City Court of Millen, in the City of Millen, in and for the County of Jenkins, after submitting the question of establishing such City Court to

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the qualified voters of the said County of Jenkins at an election ordered and held according to the terms of this Act; to define its jurisdiction and powers; to provide for the election of a Judge, Solicitor, and other officers thereof; to define the powers and duties of the Judge, Solicitor, and other officers thereof, and to fix their compensation; to provide for pleading and practice and new trials therein, and writs of error therefrom and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City Court of Millen be located in the City of Millen, in the County of Jenkins, and is hereby established and created with civil and criminal jurisdiction over the whole County of Jenkins concurrent with the Superior Court, to try and dispose of all civil cases of whatever nature except those of which the Constitution of this State has given the Superior Court exclusive jurisdiction; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the County of Jenkins; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may 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 from said Court, statutory awards, proceedings against intruders and tenants holding over, partitions upon personalty, issues upon distress warrants, foreclosure of all liens and mortgages, and any and all other proceedings of whatever nature not vested exclusively by the Constitution of this State in the Superior Court. created. City Court of Millen Concurrent jurisdiction. Criminal jurisdiction. Civil jurisdiction.

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SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a Judge of said City Court of Millen, who shall be elected by the qualified voters of Jenkins County and commissioned by the Governor of this State as hereinafter provided. The Judge of said City Court, when so elected shall hold his office for the term of two years, and until his successor is elected and qualifide; provided, however, that the first term of his office shall expire January 1st, 1915; provided, further, that all other terms thereafter shall be two years from said date. Should a vacancy occur in the office of Judge, the Ordinary of Jenkins County shall call an election to be held in said county to fill such vacancy upon such rules and regulations as govern the election for the filling of vacancies in county offices, and while such vacancy may exist, any Judge of any of the City Courts of this State may perform the duties of Judge of the City Court of Millen when requested so to do by the Clerk thereof. The Judge of said City Court shall be furnished with an office and receive a salary of nine hundred dollars per annum to be paid in equal monthly installments from the treasury of Jenkins County. The said Judge shall receive no other compensation, but may practice law in any other Court except his own. Judge, his election, duties and salary. SEC. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he shall be at the time of his election at least twenty-five years of age, a qualified voter of Jenkins County, and must have been for three years a practicing attorney at law next preceding his election. He shall before entering upon the duties of his office, give a bond with good security for the faithful discharge of his duty in the sum of one thousand dollars, which bond shall be payable to the Governor, and filed and approved by the

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Ordinary of Jenkins County, and also he shall take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the 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 Millen, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall immediately be forwarded to the Governor and filed in the executive department. Qualifications. Bond. Oath. SEC. 4. Be it further enacted by the authority aforesaid, That the Judge of the 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 his jurisdiction in all cases according to the laws of this State, said Judge shall have power to issue criminal warrants, warrants to dispossess tenants holding over, to issue writs of habeas corpus and hear and dispose of same with the same power as the Judges of the Superior Courts, to issue distress warrants and to pass upon all issues arising therefrom, and generally to do all acts which the Judges of the County Courts of this State are authorized to do unless otherwise provided in this Act. And the Judge and all other officers of said City Court shall have power respectively to administer oaths pertaining to their respective offices, as the Judge and other officers in the Superior Court may in like cases do, and said Judge shall have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State of Georgia in which by existing laws such papers may be attested and affidavits administered by a Justice of the Peace in this State. And the Judge of said Court shall have all the

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power and authority throughout his jurisdiction of Judges of the Superior Courts, and all laws relating thereto and governing the Judges of the Superior Courts shall apply to the Judge of said City Court so far as the same may apply except as herein provided. Judge's powers. SEC. 5. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the power and authority to hear and determine without a jury, all civil 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 and filing with the Clerk 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 which demand when so entered and filed shall be recorded by the Clerk upon the minutes of said City Court. Trial in civil cases. SEC. 6. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the power and authority to hear and determine without a jury, all criminal cases over which said City Court has jurisdiction, and to either acquit or convict and sentence the accused; provided, always, that the defendant, or his attorney, shall have previously waived the right to a trial by a jury. Trial in criminal cases. SEC. 7. Be it further enacted by the authority aforesaid, That the Judge of the Superior Court and the Judge of said City Court may preside in the Courts of each other in said county, in cases where the Judge of either Court

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is from any cause disqualified to preside; and the Judge of the City Court of Millen and the Judges of like City Courts in different cities in this State may preside in the Courts of each other in cases where the Judge of either Court is from any cause disqualified to preside or for any reason is unable to preside in any case or at any term of said Court. Judges in disqualified cases. SEC. 8. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of said City Court, who shall be elected by the qualified voters of Jenkins County and commissioned by the Governor as hereinafter provided. Said Solicitor shall hold his office for the term of two years, and until his successor is elected and qualified; provided, however, that the first term of his office shall expire January 1, 1915; provided, further, that all other terms thereafter shall be two years from said date. Should a vacancy occur in the office of Solicitor the Ordinary of Jenkins County shall call an election to be held in said county to fill such vacancy, upon such rules and regulations as govern the election for filling vacancies in county offices. The Solicitor of said City Court shall be furnished an office and shall receive a salary of nine hundred dollars per annum to be paid in equal monthly installments from the treasury of Jenkins County. Said Solicitor shall receive no other compensation for his services whatever. Solicitor, his election and salary. SEC. 9. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said Solicitor unless he be at the time of his election at least twenty-one years of age, a qualified voter of Jenkins County, and must have practiced law continuously for one year next preceding his election. He shall before entering

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upon the duties of his office, give a bond for the faithful discharge of his duties in the sum of one thousand dollars, which bond shall be payable to the Governor of the State, and filed and approved by the Ordinary of Jenkins County, and also, he shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, and without fear, favor, or affection, discharge my duties as Solicitor of the City Court of Millen, so help me God, which oath shall immediately be forwarded to the Governor and filed in the executive department. Qualifications. Bond. Oath. SEC. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of the Solicitor of said City Court to represent the State in all cases in said City Court when the State shall be a party, and in cases carried up to the Court of Appeals or Supreme Court from said City Court in which the State shall be a party, and shall perform therin such other duties as usually pertain to this office. In case the Solicitor of said City Court is absent, or shall for any other reason be unable to attend the duties of the same, the Judge of said City Court shall appoint some competent attorney to act as Solicitor pro tem., which Solicitor pro tem. shall receive for his services the sum of five dollars for every case he may prosecute to conviction while acting as such Solicitor pro tem. to be paid out of the treasury of Jenkins County. The amount so paid the Solicitor pro tem. shall be deducted from the salary of the regular Solicitor. Duties. Solicitor pro tem. SEC. 11. Be it further enacted by the authority aforesaid, That the Clerk of the Superior Court of Jenkins County shall be ex-officio Clerk of the City Court of Millen and in his official connection with said City Court shall be known as Clerk of the City Court of Millen. Said Clerk

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shall before entering upon the duties of his office take and subscribe an oath before the Judge of said City Court to faithfully and impartially discharge his duties as Clerk thereof, which oath shall be entered upon the minutes of said City Court. He shall also, before entering upon the duties of his office, execute a bond with good security in the sum of two thousand dollars for the faithful discharge of his duties and to well and truly account for all moneys that may come into his hands under and by virtue of being Clerk of said Court, which bond shall be payable to the Governor of the State, and filed and approved by the Ordinary of Jenkins County. Said Clerk may also appoint a Deputy Clerk under the same rules and regulations as govern the appointment of Deputy Clerks in the Superior Courts which Deputy shall be known in his official connection with said City Court as Deputy Clerk of the City Court of Millen. Clerk. Oath. Bond. Deputy Clerk. SEC. 12. Be it further enacted by the authority aforesaid, That the Sheriff of Jenkins County shall be ex-officio Sheriff of the City Court of Millen, and in his official connection with said Court shall be known as the Sheriff of the City Court of Millen. Said Sheriff shall before entering upon the duties of his office take and subscribe an oath before the Judge of said Court to faithfully and impartially discharge his duties as Sheriff of the City Court of Millen, which oath shall be entered on the minutes of said City Court. He shall also, before entering upon the duties of his office, execute a bond for the faithful discharge of his duty in the sum of one thousand dollars, which bond shall be payable to the Governor of the State and filed and approved by the Ordinary of Jenkins County. In addition thereto the said Sheriff may be held liable for the faithful performance of his duty as Sheriff of the City Court of

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Millen on the bond given by him as Sheriff of Jenkins County. The said Sheriff shall have the same authority to appoint a Deputy as is provided in the Code of Georgia for the appointment of Deputy Sheriffs, which Deputy shall be known in his official connection with said Court as Deputy Sheriff of the City Court of Millen. Sheriff. Oath. Bond. Deputy sheriff. SEC. 13. Be it further enacted by the authority aforesaid, That all the duties and liabilities not inconsistent with this Act attached to the office of the Clerk of the Superior Court and to the office of Sheriff of said County shall be attached to the office of the Clerk of the City Court of Millen, and to the office of Sheriff of the City Court of Millen, respectively, and a Judge of the said City Court of Millen is empowered to enforce the same authority over said Clerk and Sheriff and their Deputies as is exercised by the Judge of the Superior Court over the Clerks of the Superior Courts and Sheriffs of the counties of Georgia. The Judge of said City Court may, at any time, when in his discretion the ends of justice may require it, appoint any other person who is a qualified voter of Jenkins County, to execute any process, order or paper issued from said Court. And any such person appointed shall not be required to give bond, unless so ordered by the Judge, but must take an oath to perform the duties of his office. He shall receive the same fees for such services as the regular Sheriffs of the City Court receives. Duties of officers. SEC. 14. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleading and practice, the laws governing the Superior Court, where not inconsistent with this Act, and unless otherwise specifically provided by this Act, shall be applicable to said City Court. Pleading and practice.

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SEC. 15. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments as to any matter whatever in the Superior Courts of this State shall apply to said City Court as if named with the Superior Courts, so far as the nature of the case will admit; provided, however, that where the garnishee resides in a county other than Jenkins County, the summons of garnishment shall be returnable to the City Court of the county of the garnishee's residence, if there exist a City Court in said county, otherwise to the Superior Court of said county. Attachments in said City Court, or returnable to said City Court, shall be directed to the Sheriff or his Deputies of the City Court of Millen, and to all and singular the Sheriffs and Constables of this State; the Judge of said City Court, or any Justice of the Peace, or Notary Public and ex-officio Justice of the Peace, may issue attachments or summons of garnishment, returnable to said City Court under the same laws that govern the issuing of attachments, or summons of garnishment, returnable to the Superior Courts. Practice in attachment and garnishment cases. SEC. 16. Be it further enacted by the authority aforesaid, That proceedings on distress warrants in said City Court shall be conformable to the laws of this State on the subject in the Superior Courts. Distress warrants. SEC. 17. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to the commencements of suits in the Superior Courts, defenses, setoffs, affidavits of illegality, arbitration, examinations, parties to suits, or witnesses including testimony de bene esse, witnesses and their attendance, continuance or other matters of a judicial nature within the jurisdiction of said Court, shall be applicable to said City Court,

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unless otherwise provided by this Act. It shall be competent to make additional parties to suits or proceedings in said City Court when it is necessary to determine the rights of persons interested, without reference to who are the original parties, or what the nature of the proceedings. Parties may make defense on all grounds whether legal or equitable. Practice. SEC. 18. Be it further enacted by the authority aforesaid, That the terms of said City Court shall be monthly and quarterly for the trial and disposition of both civil and criminal business. The monthly terms shall be held on the third Monday in each month of the year, and the quarterly terms on the third Mondays in January, April, July and October of each year, and said terms shall continue from day to day unless adjourned over to some other day in the discretion of the Judge, until the business is disposed of. When the monthly and quarterly sessions fall upon the same day, the business of the monthly sessions shall be first disposed of and immediately upon the disposition of the business of the monthly sessions, the Judge shall convene the Court in quarterly session. Suits for not exceeding one hundred dollars principal and all proceedings and issues when not over one hundred dollars in value is involved, shall be returned to the monthly session of said Court and shall stand for trial at the first term unless a defense is filed in which event the second term shall be the trial term, unless a jury is demanded and it is necessary to continue the case to get a trial by jury. Ordinary suits brought to the monthly term shall be filed in the Clerk's office of said Court at least fifteen days before the term to which they are returnable, and the same shall be served at least ten days before said term. All other causes and proceedings must be brought to the quarterly

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term in like manner as suits are now brought in the Superior Court, and the first term of the said quarterly session shall be the appearance term; provided, that in all suits brought in said City Court final judgments may be had at the first term to which the cause is returnable and execution issue therein, unless a plea or defense is filed under the rules governing the filing of pleas or defenses in the Superior Court at the time of the calling of the appearance docket, in which event the second term shall be the trial term, except the trial may be had at the first term where the parties consent. The Judge shall call the appearance docket on the last day of each term. Terms. Monthly. Quarterly. Appearance term. Call of appearance docket. SEC. 19. 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 of the Superior Courts are; but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said Court, and all executions issuing from said Court shall be attested in the name of the Judge and signed by the Clerk and directed to the Sheriff of the City Court of Millen, or his Deputies, and to all and singular the Sheriffs or their Deputies of the State of Georgia. Judgments, lien of, etc. SEC. 20. Be it further enacted by the authority aforesaid, That suits in said City Court shall, in all respects, be conformable to the mode of proceedings in the Superior Courts, except as otherwise provided in this Act. But the process to writs shall be annexed by the Clerk of said City Court, be attested in the name of the Judge thereof, and be directed to and served by the Sheriff of the City Court of Millen, or his lawful Deputies, or to the Sheriff

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of Jenkins County, or his Deputies, except as otherwise provided in this Act. Writs. SEC. 21. Be it further enacted by the authority aforesaid, That the Solicitor of said City Court in his discretion may appear and represent the State in all preliminary trials in the County of Jenkins in criminal cases over which said City Court has jurisdiction. Solicitor may represent State in preliminary trials. SEC. 22. Be it further enacted by the authority aforesaid, That the said City Court of Millen shall be a Court of record, and shall have a seal, and the minutes, records, orders, dockets, and files that are required to be kept in the Superior Courts shall be kept in and for said City Court and in the same manner and shall be provided for in the same manner as the Superior Courts. Records, minutes, etc. SEC. 23. Be it further enacted by the authority aforesaid, That all laws regulating the enforcements of judgments of the Superior Court, whether criminal or civil, shall apply to said City Court. And the executions shall issue and be levied and advertised and sale made thereunder under the same rules and laws regulating the same in the Superior Court, regardless of the amount involved, except when the amount involved is less than $100 and the property to be sold is not real estate, sale may be had without advertisement in newspaper upon ten days notice at the court house door. Judgments, how enforced. SEC. 24. 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. Judge's powers.

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SEC. 25. Be it further enacted by the authority aforesaid, That the Clerk of said Court shall prepare and keep on file in his office a complete list of all persons 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 the County of Jenkins, 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 Jenkins. Said box shall be known as the City Court Jury Box, and shall be so constructed as that it shall have two apartments, and shall be kept under one lock and seal, 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, or for revision as herein provided for. The apartments of said jury box shall be numbered one and two, and when apartment number one is exhausted by the drawing of juries, 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 to same. At each monthly term of said Court preceding the monthly and quarterly terms to be held in the months of January. April, July and October the Judge, if necessary, shall draw not less than twelve nor more than eighteen names from said jury box to serve as jurors during the monthly and quarterly sessions to be held in said months of January,

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April, July and October, and the said Judge may draw a jury of not less than twelve nor more than eighteen at any term of said Court to serve at any succeeding session or term whenever in his discretion it is necessary to do so, but previous to the drawing at any time the Judge shall stir the tickets containing the names within the apartment from which the jurors are drawn. Should it become necessary to draw a jury in vacation the Judge of said Court, or the Judge of the Superior Court may at any time, fifteen days before the next term of said Court, in the presence of the Clerk and the Sheriff of the said City Court, proceed to draw juries in the manner above described. All laws with reference to the drawing, selecting and summoning traverse and tales jurors in the Superior Court shall apply to the City Court when not inconsistent with this Act. The law in regard to exemption from jury duty in the Superior Court shall apply in the City Court. Jury lists. Drawing of jurors. SEC. 26. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, empanelling, challenging, and compelling the attendance of jurors now in force in this State, or may hereafter be enacted into law, regulating the same in the Superior Courts, shall apply to and be observed in said City Court when not inconsistent with this Act. Jurors, qualifications, etc. SEC. 27. Be it further enacted by the authority aforesaid, That when jurors are drawn as provided by this Act, the Clerk of said City Court shall make out a record of the names so drawn, and prepare a summons for each juror, and deliver the same to the Sheriff of said City Court, or his Deputy, at least fifteen days before the next term of said Court, which Sheriff, or his Deputy, shall serve said summonses at least ten days before the term

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of Court the jurors are required to attend. The Sheriff of said City Court shall be entitled to a fee of three dollars for summoning the jurors for each jury term, the same to be paid as hereinafter provided. Summons. Sheriff's fees for summoning jurors SEC. 28. Be it further enacted by the authority aforesaid, That twelve jurors shall constitute a panel, unless a trial by a jury of twelve is demanded. When a trial by a jury of twelve is not demanded, the jury shall be selected as follows: In civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strikes and the State two strikes; six shall thus constitute a jury. When a jury of twelve is demanded in any case by either party, a list of twenty-four jurors shall be furnished and each party shall be entitled to the same number of strikes as they are in like cases in the Superior Courts. The Judge shall have the power to complete any panel by talesmen in the same manner as in the Superior Court. The jurors 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. Panel. Strikes. Pay of jurors. SEC. 29. Be it further enacted by the authority aforesaid, That it shall be the duty of committing Courts in the County of Jenkins, to bind over to said City Court for trial or to commit for trial to said City Court, all persons committed or admitted to bail by them for misdemeanor; and all persons charged with such offense in said county may be brought directly before the Judge of said City Court for trial without any committing trial, but in no

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instance shall a defendant in a criminal case be denied the right to demand and obtain a preliminary hearing before a Justice of the Peace; although the warrant for his arrest should be issued by the Judge of said City Court; provided, however, that the defendant shall make such demand in writing and deliver the same to the Sheriff of said City Court within three days after his arrest. Whenever any person is committed to jail in said county for an offense within the jurisdiction of said City Court, it shall be the duty of the jailer to communicate that fact to the Judge or the Solicitor of said Court as soon as practicable, and it shall be the duty of the Judge on receiving such information to grant as speedy a trial as the circumstances of the case will permit. Said City Court shall be at all times open for the trial of criminal cases, except when a jury is demanded the defendant shall be given a trial at the first opportunity of getting him before a jury in said Court subject to the law of continuances in the Superior Court. Commitments. Court open for trial of criminal cases at all times. SEC. 30. Be it further enacted by the authority aforesaid, That no defendant in a criminal case over which said City Court has jurisdiction shall have a right to demand an indictment by a Grand Jury, and that all criminal trials in said City Court shall be by the Judge and without a jury, except when the accused shall demand a jury in writing, and file the same with the Clerk on or before the call of his case, which demand when so filed shall be entered by the Clerk upon the minutes of said Court. Whenever the accused in a criminal case shall waive a trial by jury, or shall enter a plea to the accusation or indictment, the same shall be a waiver of trial by jury, and he shall not thereafter have the right to recall such waiver; when a trial by jury is demanded, if it is a special session of the Court the case shall be continued to the next jury term

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of the Court, and shall then stand for trial as other cases. When on investigation of a case on accusation, the same appears to be a felony the trial shall be suspended and the defendant committed or bound over to the next term of the Superior Court as in regular preliminary investigation. If the Judge of said City Court be disqualified in any criminal case transferred from the Superior Court of said county, the said case in the discretion of said Judge may be retransferred to the Superior Court of said County, either in term time or vacation, or be tried by another City Court Judge as herein provided. The Judge of the Superior Court of said county may transfer, either in term time or vacation, by his order to said City Court for trial, all presentments and bills of indictment found by the Grand Jury for offenses within the jurisdiction of said City Court, the order so transmitting such cases to be entered on the minutes of both of said Courts. All bonds returnable to the Superior Court shall follow the case to the City Court when so transferred and the defendant shall in such cases be bound to appear in said City Court at its first term after such bill is transferred. In like manner the Judge of the Superior Court of said county may, by order, transmit to said City Court all civil cases standing for trial, on the docket of the Superior Court of said county and which are embraced within the jurisdiction of said City Court, which he may deem proper; provided, both parties agree thereto. Trial of criminal cases. Felony cases bound over to Superior Court. When Judge is disqualified. Transfer of cases from Superior Court. SEC. 31. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said City Court shall be tried on written accusation, setting forth plainly the offense charged, founded upon the affidavit of the prosecutor, and signed by the Solicitor of the said City Court, or Solicitor pro tem., in case the Solicitor pro tem.

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is acting for the regular Solicitor, and shall have endorsed thereon the name of the prosecutor. All other proceedings after accusation shall conform to the rule governing like cases in the Superior Court, except there shall be no jury trials unless demanded by the accused and provided a demand for jury trial may be recalled at any time by the accused before the trial. In all cases tried the accusation shall set forth the offense charged with the same particularity both as to the matter of form and substance, as is required by the laws and the 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 no criminal case shall be settled in said City Court except upon the same rules and regulations as govern the settlement of misdemeanors in the Superior Courts and should a criminal case be so settled, and the Judge of said City Court should deem it proper to tax the costs of prosecution against either party, then and in that event, the cost in said case shall be the same as if said case were in the Superior Court; but the entire cost in such instances shall be collected by the Clerk and turned over to the treasury of Jenkins County and there kept by him as other City Court funds. In such cases the Clerk and Sheriff shall make out their bills against the county for the same fees as they would receive were said cases in the Superior Court, but the Solicitor shall receive no extra compensation by reason of such cases. Settlement of criminal cases. Costs prosecution. SEC. 33. Be it further enacted by the authority aforesaid, That in all suits for the recovery of personality said City Court of Millen shall have jurisdiction for all amounts whatsoever over the entire county. Suits for personalty, jurisdiction in.

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SEC. 34. Be it further enacted by the authority aforesaid, That in all cases writs of error shall lie direct from said City Court to the Court of Appeals or Supreme Court under the same rules and regulations as are now provided by law for writs of error from the Superior Court. 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 of parties as to waivers, pleading and procedure, or other matters pertaining to the same shall be allowed and upheld by the same laws and rules as in the Superior Courts of this State. Waivers, pleading and 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 Court upon the same terms and conditions and under the same laws and regulations, in every respect governing the granting of new trials in the Superior Courts. All rules of pleading, practice and procedure, governing motions, rules nisi, and other proceedings in new trials in the Superior Courts shall apply to and govern the same in the said City Court. When a criminal case is heard at a special session of said City Court and the defendant desires to move for a new trial, such motion shall be made and passed upon by the Judge of the said City Court within ten days after the rendition of the judgment complained of and not afterwards, unless for a good cause; further time may, by order, be granted in the discretion of the Judge of 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 promissors,

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joint tort feasors, and joint trespassers, in which one or more may reside in the County of Jenkins, may be brought in said City Court within its jurisdiction, under the same rules and regulations governing such cases in the Superior Courts, mutatis mutandis as to copies, second original, returns, 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 continuance, motion, pleas and practice shall be applicable to said City Court and shall obtain therein. Rules. SEC. 39. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said City Court shall be had as in the Superior Court, but such scire facias shall run throughout the State and may be served by any Sheriff or his Deputy. Sci. fa. SEC. 40. Be it further enacted by the authority aforesaid, That the Judge of said Court shall have the power to hold adjourned terms of said City Court whenever he shall deem same necessary, and in the absence of the Judge at any term thereof, the Sheriff or the Clerk of such Court may adjourn to such time as the Judge may direct, or if no direction be given the Court shall be adjourned to the next regular term. Adjourned terms. SEC. 41. Be it further enacted by the authority aforesaid, That whenever the Judge of said City Court of Millen is from any cause disqualified from presiding in a civil case, and the Judge of the Superior Court is absent or cannot from any cause preside in said Court, then upon the selection of a Judge pro hac vice by the parties or upon their failure or refusal to select one, a Judge pro hac vice

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shall be selected by the Clerk of said City Court to try said case. Judge pro hac vice. SEC. 42. Be it further enacted by the authority aforesaid, That the Clerk and Sheriff of said City Court shall receive for their services in all civil business transacted in said City Court where the total amount involved is less than forty dollars one-fourth of the fees allowed such officers of the Superior Court for like services; in all cases where the total sum involved is more than forty dollars and not exceeding one hundred dollars, their fees shall be one-half of that of such officers of the Superior Court for like services; and in all cases where the total sum involved is more than one hundred dollars and not exceeding three hundred dollars their fees shall be three-fourths of that of such officers in the Superior Court for like services; and in all cases exceeding three hundred dollars, the costs of such officers shall be the same as the costs of such officers in the Superior Court for like services; provided, however, that the Clerk's fees for docketing and canceling executions, for each commission to take testimony, for issuing subp[oelig]nas, for witnesses, for making final records in suits, for filing and docketing motion for new trial, for services in taking cases to an Appellate Court, and for receiving and recording a remittitur from an Appellate Court, and the Sheriff's fees for taking bond, summoning witnesses, commissions on sales of property, and amount allowed for expenses in keeping and maintaining property levied on shall be the same in all cases as the Clerk and the Sheriff of the Superior Court receive for like services; and provided, further, that the Sheriff's fees for levy of execution and for settling executions in his hands without sale in all cases involving less than one hundred dollars

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shall be one-half the amount received by the Sheriff of the Superior Court for like services. Officers of court, compensation of. SEC. 43. Be it further enacted by the authority aforesaid, That the Clerk and the Sheriff of the City Court of Millen shall be amenable to the same process 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 civil cases in said City Court as the Clerk and Sheriff of the Superior Court. Clerk and sheriff amenable to process and entitled to remedies. SEC. 44. Be it further enacted by the authority aforesaid, That the Clerk of said City Court shall receive for his services in criminal cases the same fees as are prescribed for Clerks of the Superior Court in Section 1133 of the Code of 1910 with the exception that he shall not receive anything for entering a bill of indictment, presentment, or an accusation on the minutes in case of a nolle prosequi, and he shall only receive the sum of three dollars for each criminal case tried on indictment or presentment, handed down from the Superior Court, or an accusation arising from said City Court. In addition to the fees herein prescribed the Clerk shall receive three per cent. of all moneys to be collected by him as provided by this Act and said per cent. shall be paid to the Clerk in the same manner as provided by Section 49 of this Act for payment of other fees. Clerk's fees. SEC. 45. Be it further enacted by the authority aforesaid, That the Sheriff of said City Court shall receive for his services in criminal cases the same fees as are allowed Sheriffs of the Superior Court for like services with the exception that said Sheriff shall receive no turn key fees

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and shall only be allowed the sum of two dollars per day for attending the regular monthly and quarterly terms of said Court. If necessary for him to have a Deputy or special Bailiff in attendance before a quarterly term of said Court, he shall receive the sum of one dollar per day for services of such Deputy or Bailiff. Riding Bailiffs shall be paid as in Superior Court. Sheriff's fees. SEC. 46. Be it further enacted by the authority aforesaid, That the costs in all proceedings for the forfeiture of criminal bonds or recognizances in said City Court shall be the same as if said proceedings were in the Superior Court, but the Clerk shall collect said cost and turn the same over to the Treasurer of Jenkins County. Forfeiture of bonds, etc. SEC. 47. Be it further enacted by the authority aforesaid, That the costs in proceedings to forfeit bonds or recognizances, the cost that accrue where criminal cases are settled as provided by this Act, and all fines and forfeitures arising in said City Court shall be collected by the Clerk thereof with the exception of fines for contempt. The said Clerk in each month shall make a monthly statement of all moneys so collected by him and deliver said statement together with said moneys to the Treasurer of Jenkins County monthly, in each month during the year. Said Clerk shall keep a book containing an itemized statement of all moneys collected by him as above described so as that he can tell at any time how much has been collected by him in behalf of said City Court. Fines for contempt shall be collected by the Sheriff of said City Court and by him delivered to the Clerk as soon as practicable to be paid by the Clerk to the Treasurer of Jenkins County as provided for the disposition of other collections. Costs collected by clerk. Monthly statement required to treasurer.

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SEC. 48. Be it further enacted by the authority aforesaid, That the Treasurer of Jenkins County is hereby required to keep separate all monies delivered to him as above provided 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. Said Treasurer shall keep a book having a debit and a credit side plainly showing the amount of all moneys for cost, fines, and forfeitures received from said City Court and plainly showing the amount of the salary paid the Judge and Solicitor for each month, the fees or costs paid the Clerk and Sheriff, and the amount expended for jury service at each jury term of said Court. In addition thereto said Treasurer shall keep an account plainly showing the amount expended for jail fees in criminal cases in said Court and the incidental expenses of said Court. The Commissioners of Roads and Revenues for Jenkins County are hereby required whenever drawing warrants upon the County Treasurer for any expense attached to said City Court, to clearly indicate on said warrants that the same are for City Court expenses and further indicate thereon the kind of expense, in order, that said Treasurer may keep his books in accordance with this Act. City Court fund kept separate. Warrants, how drawn. SEC. 49. Be it further enacted by the authority aforesaid, That in all criminal cases where there is a conviction or the costs therein have been paid by the prosecutor, and in all criminal cases settled and the costs paid as provided by this Act, the Clerk and Sheriff of the City Court of Millen shall be paid their cost in such cases out of the treasury of Jenkins County, and any Justice of the Peace or Constable of Jenkins County entitled to any cost in such cases shall likewise be paid out of the treasury of Jenkins County. The Clerk, Sheriff, Justices of Peace,

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and Constables shall each make out their cost bills in cases disposed of as stated in this Section, which cost bills, if legal, shall be approved by the Judge of said City Court, and shall be presented to the Commissioners of Roads and Revenues for Jenkins County who shall issue their warrant on the County Treasurer for said cost. The Sheriff shall receive his fees for attendance upon sessions of said Court and the Clerk and Sheriff their fees in proceedings where criminal bonds have been forfeited in the same manner; provided, that the defendant has paid the cost accrued in any bond forfeiture proceeding. The Sheriff shall also receive his fees for summoning jurors in the same manner as provided for the payment of other cost referred to in this Section. The Treasurer shall use the fund derived from City Court in paying expenses mentioned in this Section whenever the same is sufficient, if not sufficient, the expenses mentioned in this Section to be paid out of the general funds of the county. Costs in criminal cases. SEC. 50. Be it further enacted by the authority aforesaid, That the provisions of the preceding Section shall not include jail fees of the Sheriff of said Court, and the Sheriff when presenting his bills under the preceding Section shall not include his jail fees, but in all cases the Sheriff shall receive his jail fees whether there is a conviction or not, upon the proper presentation of his bills to the Commissioners of Roads and Revenues for Jenkins County, who shall issue their warrant upon the County Treasurer for said fees; provided, that in no instance shall said Sheriff be allowed turn key fees. Jail fees. Jail fees may be paid monthly or at such stated times as is customary with said Commissioners. The mileage and necessary expenses of the Sheriff in arresting or receiving

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into custody a defendant beyond the limits of the county may be paid in the same manner as jail fees when the defendant is tried and acquitted. SEC. 51. Be it further enacted by the authority aforesaid, That in all criminal cases in said City Court where the costs have not been paid by a party thereto, nor has there been any conviction, the Clerk, Sheriff, Justices of the Peace, and Constables shall neither receive their costs as provided in Section 49 of this Act unless the books of the Treasurer of Jenkins County show that the City Court fund in his hands exceeds the total amount paid out of the County Treasury for salaries of Judge and Solicitor, for costs and fees as provided by Section 49 of this Act, and for fees of jurors: and not then unless such excess is so great as to not likely be consumed by said last named expenses within three months from the presentation of the bills for cost contemplated in this Section, the likelihood of such excess being consumed as aforesaid to be determined by the Judge of said City Court. During the month of October in each year the Treasurer of Jenkins County shall determine the amount of such excess, if any, and notify the Judge of the City Court of said amount and if said Judge shall determine that such excess of funds is not likely to be consumed by said expenses within three months as aforesaid he shall notify all officers due any cost under this Section of the fact, in order that they may present their bills as herein provided. If such excess be great enough to pay the cost referred to in this Section and leave a balance, said balance may be placed with the general funds of the county. The Clerk, Sheriff, Justices of the Peace, and Constables may make out their bills for cost in the class of cases referred to in this Section and when approved by the Judge of said City Court such bills

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shall be entered on the minutes of said City Court as insolvent costs, and whenever it shall appear that the same are collectible under the provisions of this Section the said bills with the approval of the Judge may be presented to the Board of County Commissioners of Jenkins County who shall issue their warrant upon the County Treasurer for said cost to be paid exclusively out of the excess herein referred to; provided, that no office shall be entitled to said cost without he shall have had his bill for same approved by the Judge and entered upon the minutes of said City Court within three months after the final disposition of the cases in which said costs have accrued. In no instance shall any insolvent cost bills be paid out of said City Court fund for costs arising in any Court except the City Court created by this Act. Costs in insolvent cases and where no conviction. SEC. 52. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall be required to see that all cost bills approved by him are legal and before approving same he shall ascertain from the Clerk of said City Court and his records as to whether or not said costs have accrued in a criminal case where there has been a conviction or the costs therein paid by the prosecutor, or in a criminal case settled and the cost paid by either party, or in a criminal case finally disposed of and no conviction and shall distinctly state in his approval which class of cases said cost belongs. The said Judge shall be liable on his bond for all illegal cost approved by him. Approval of cost bills by Judge. SEC. 53. Be it further enacted by the authority aforesaid, That incidental expenses of the City Court shall be paid in the manner as provided for the payment of expenses in Section 49 of this Act, but no incidental expenses

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shall be incurred except upon the order of the Judge of said City Court. Incidental expenses, how paid. SEC. 54. Be it further enacted by the authority aforesaid, That the County Commissioners of Jenkins County, or such officers having charge of the finance of said county, shall provide the necessary books for keeping dockets, records, minutes of said City Court and all other books and stationery to run said Court, and shall provide a suitable place in the court house in the City of Millen for the holding of the City Court of Millen; and shall provide offices for all officers of the City Court of Millen. Court house and supplies. SEC. 55. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall, when in his discretion, the same is expedient, have power to appoint a reporter or stenographer for any day or term of said Court, whose duty it shall be to take down the testimony, charge of Court, etc., in any case tried during any day or term for which he may be employed when requested so to do by either party in a case. Said stenographer shall preserve said testimony and transcribe same together with the charge of the Court, in any case, when requested so to do by either party to a cause. For such services said stenographer shall be allowed a sum not exceeding seven dollars and fifty cents per day for any day during a session of said Court to be paid as provided in Section 49 of this Act, for the payment of other expenses. Before any stenographer of said Court shall enter upon the discharge of his duties he shall take and subscribe an oath to faithfully and impartially discharge his duties as stenographer of said Court to the best of his understanding and ability, which oath shall be filed with the Clerk and spread upon the minutes of the Court. Stenographer to take testimony, and his compensation. Oath.

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SEC. 56. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until ratified by a majority of the voters of Jenkins County who vote at the election provided for in this Act. Immediately upon the approval of this Act by the Governor, the Ordinary of Jenkins County shall call and order an election for the purpose of determining as to whether or not this Act shall go into effect which election shall be held not less than thirty nor more than forty days after the approval of this Act by the Governor throughout the entire County of Jenkins under the same rules and regulations as elections for county officers in said county are held. All persons residing in said County of Jenkins who are qualified to vote for members of the General Assembly are qualified to vote under the provisions of this Act. At said election those who favor the City Court as provided in this Act shall have written or printed on their ballots For City Court, and those who oppose the City Court as provided in this Act shall have written or printed on their ballots Against City Court, and if the majority of the votes cast at said election shall be Against City Court the provisions of this Act shall be of no effect; but if a majority of the votes cast at said election shall be For City Court, thereupon the provisions of this Act shall go into full effect, and said City Court shall be established and the third Monday in the month following said election shall be the first term of said Court. At said election there shall also be elected a Judge and Solicitor of said Court, and if the Court is established said officers shall be commissioned by the Governor and hold their office until January 1, 1915, but their successors shall be elected at the general election for county officers in said county in the year 1914, to hold said offices for the term of two years and likewise an election

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for said officers shall be held every two years thereafter. Effective when ratified by election. Ordinary shall call election. SEC. 57. Be it further enacted by the authority aforesaid, That in the event the Ordinary of Jenkins County should be unable from sickness or from any cause should fail or refuse to call said election or do any other act or thing required of him by this bill, then and in that event, the Clerk of the Superior Court of Jenkins County may call said election or do any other act or thing required by this Act to be done by said Ordinary. If ordinary should for any reason fail to call election, then Clerk of Superior Court shall call. SEC. 58. 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, 1912. MILLER COUNTY, CITY COURT OF, ACT CREATING AMENDED. No. 382. An Act to amend an Act approved August 6, 1909, which amended an Act creating and establishing the City Court in and for the County of Miller by providing for the payment of the salaries of the officers of said Court out of the fines and forfeitures thereof, and for other purposes, so as to provide for the payment of the salary of the Judge 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

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of the same, That an Act entitled An Act to amend an Act approved August 8th, 1908, creating and establishing the City Court in and for the County of Miller by providing for the payment of the salaries of the officers of said Court out of the fines and forfeitures thereof, and for other purposes, be amended by striking from Section 34 of the original Act as amended the following words, to-wit: The salary of said Judge of said City Court shall be paid out of the fines and forfeitures of said Court only, together with the other officers of said Court each quarter, and inserting in lieu thereof the following: The salary of said Judge of said City Court shall be paid quarterly by the Treasurer of the County of Miller, and it shall be the duty of the Ordinary of said county or other proper officers to make provision annually in levying the taxes for that purpose, so that said Section when so amended shall read as follows: Section 34. Be it further enacted, That there shall be a Judge of said Court, who shall be elected by the qualified voters of Miller County at the same time and under the same rules and regulations as members of the General Assembly are now elected, except that the result of said election shall be declared by the Ordinary of said county. The Judge of said City Court shall be elected at the next election held in the year 1908 for members of the General Assembly of Georgia, and the Judge of said City Court shall receive a salary of six hundred dollars ($600.00) per annum which salary shall neither be increased or diminished during his term of office. The salary of said Judge of said City Court shall be paid quarterly by the Treasurer of the County of Miller, and it shall be the duty of the Ordinary of said county, or other proper officers, to make provision annually in levying taxes for this purpose. Said Judge shall receive no other compensation for his services,

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but may practice law in any of the Courts of this State, except the City Courts and County Court. Judge's salary. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1912. MONTICELLO, CITY COURT OF, ACT CREATING AMENDED. No. 389. An Act to amend an Act entitled An Act to establish the City Court of Monticello, in and for the County of Jasper; to define its jurisdiction and powers; to provide for the selection of a Judge and Solicitor and other officers thereof and to define their powers and duties; to provide for pleading and practice and new trials therein and for writs of error therefrom, and for other purposes, approved August 21, 1906, by providing that the regular terms of said Court shall be held on the fourth Mondays in January, May, July and November and on the first Mondays in October and April, instead of at the times now provided in said Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 15 of the Act described in the foregoing title establishing the City Court of Monticello

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be and the same is hereby amended as follows: By striking from said Section the words on the second Mondays in January, March, May, July, September and November and beginning on the second Monday in November, 1906, and inserting in lieu thereof the following: On the fourth Mondays in January, May, July and November and on the first Mondays in April and October, so that said Section 15 of said Act when amended shall read as follows: Section 15. Be it further enacted, That there shall be six regular terms of said City Court of Monticello annually as follows, to-wit: on the fourth Mondays in January, May, July, and November, and on the first Mondays in April and October. The Judge of said Court shall have power to hold said Court in session and adjourn from time to time; provided, that said Court shall be finally adjourned at least five days before the next succeeding term. Monticello, City Court of, terms of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1912. MOULTRIE, CITY COURT OF, JURISDICTION, COMPENSATION OF OFFICERS. No. 592. An Act to make certain modifications as to the jurisdiction, compensation of officers and other matters relating to the City Court of Moultrie, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of Georgia, That the following modifications be, and the same are, hereby made as to the jurisdiction and as to the compensation of officers in the City Court of Moultrie: Said Court shall have jurisdiction in all civil cases, except such as are within the exclusive jurisdiction of some other Court and except such as are within the jurisdiction of Justice Courts. Moultrie, City Court of jurisdiction. The Clerk and Sheriff of said Court shall receive for their services the same compensation as those officers are entitled to receive for similar services in the Superior Court, and shall have the same remedies and processes for collecting the same. Compensation of clerk and sheriff. SEC. 2. All laws and parts of laws in conflict herewith are repealed. Approved August 19, 1912. MOULTRIE, CITY COURT OF, ELECTION TO ABOLISH. No. 432. An Act to repeal an Act to establish the City Court of Moultrie, in and for Colquitt County, Georgia; to define its jurisdiction and powers, to provide for the appointment of a Judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved November 13th, 1901, and also to repeal all laws and parts of

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laws amendatory of or in relation to said Act, and to submit the ratification of this Act to a vote of the people, 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 to establish the City Court of Moultrie, in and for Colquitt County, Georgia; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; and to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purposes, approved November 13, 1901, together with all amendatory Acts thereof, approved December 17th, 1902, July 30th, 1903; August 20th, 1906; August 17th, 1908; August 6th, 1909; August 19th, 1911; be and the same is hereby abolished, and the said Act and all amendatory Acts thereof are hereby repealed, subject to a vote of the people of said county as hereinafter required. Moultrie, City Court of, election to abolish. SEC. 2. Be it further enacted by the authority aforesaid, That all the cases civil and criminal, and other business pending in the said City Court of Moultrie, Colquitt County, Georgia, be and the same is, hereby transferred to the Superior Court of Colquitt County, there to be tried as early as possible under the same rules and regulations as govern trials in said Superior Court; that the fees earned by the officers of the said City Court of Moultrie be, by the officers of the Superior Court of said county, paid over to the officers of said City Court of Moultrie at once, after same is collected by said Superior Court officers; that the criminal cases and civil business be tried as speedily as possible after same is transferred to said Superior Court, and that the Solicitor-General of said Superior

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Court account to and pay over to the present officers of the said City Court of Moultrie, their earned costs after such costs shall come into his hands. Transfer of cases. Fees of officers. SEC. 3. Be it further enacted by the authority aforesaid, That the provisions of this Act, repealing and abolishing the said City Court of Moultrie shall not become of force and effect until the first day of January, 1913, and shall not be of force and effect then, unless submitted to and ratified by a majority vote of the qualified voters of Colquitt County, Georgia, as hereinafter authorized and required. Effective January 1, 1913, if ratified at an election. SEC. 4. Be it further enacted by the authority aforesaid, That the provisions of this Act shall be submitted to a vote of the qualified voters of Colquitt County, said election to be held at the general election held in October, 1912, at the same time and places as election for members of the General Assembly of Georgia will be held, that the election shall be held and conducted under and by the same rules and regulations as govern election for members of the General Assembly, shall be held by the same managers at the same time and place as for members of the General Assembly, the result of said election shall be, by the same managers and in the same manner, returned and consolidated as elections and returns and consolidations as elections for members of the General Assembly, and at the same time and place; the result, returns and consolidations, shall be, by said same managers, declared in the same manner as for members of the General Assembly; that the managers of said election shall return, consolidate the result of said election as aforesaid, and it shall, on the same day and immediately after said result has been returned and consolidated, be the duty of the Ordinary of

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the County of Colquitt to issue a proclamation stating the result of said election, and declaring the said City Court of Moultrie abolished, which abolishment shall become of force and effective January 1st, 1913, which proclamation shall be published in the official organ of said county, and filed away by the Ordinary in his office; provided, the result of said election and the majority of the votes are in favor of such abolishment. Submission to electors at general election in October, 1912. Election, how held. SEC. 5. That it shall be the duty of the Ordinary of said county to have printed on the same tickets on which the names of the candidates for the General Assembly are printed in large type the words For City Court, and the words Against City Court, that those voting who are in favor of the City Court shall strike out the words Against City Court, that those voting who are against the City Court shall strike out the words For City Court. SEC. 6. Be it further enacted, That all persons who are qualified to vote for members of the General Assembly shall be qualified to vote for or against the provisions of this Act, that should a majority of the votes cast at said election be in favor of the abolishment of said City Court, then it shall be the duty of the Ordinary of said county to issue his proclamation as hereinbefore required, declaring said City Court abolished, which abolishment shall be and become of force and effective on the first day of January, 1913. Qualified voters. Proclamation by ordinary. SEC. 7. That it shall be the duty of the Ordinary, or other person or persons having charge of the county affairs of said county, to pay out of the funds of said county, any and all expenses of said election and the declaring the result thereof and publishing the aforesaid proclamation. Expenses of election, how paid.

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SEC. 8. Be it further enacted by the authority aforesaid, That any and all laws and parts of laws in conflict with the provisions of this Act shall be, and the same are, hereby repealed. Approved August 13, 1912. NEWTON, CITY COURT OF, ABOLISHED. No. 338. 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 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 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. Transfer of cases, etc. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1912.

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PULASKI COUNTY, CITY COURT OF, ELECTION TO ABOLISH. No. 326. An Act to abolish the City Court of Pulaski County, to provide for the disposition of the causes therein pending, for the proper disposition of all records and other matters pertaining to the said Court, to provide for an election to submit to the qualified voters of the said county the ratification 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 on and after the first day of November, 1912, the City Court of Pulaski County, established by the recommendation of the Grand Jury of said county in accordance with the provisions of the Code of 1895, Sections 4270, 4307, shall be abolished. Pulaski County, City Court of, election to abolish. SEC. 2. Be it further enacted, That all causes pending in the said City Court of Pulaski County at the time that this Act shall be of effect, which by their amounts or subject matter may be properly within the jurisdiction of a Justice Court, shall be promptly transferred to the Justice Court or Courts in which such cause would have been properly brought had there been no City Court of Pulaski, and that all other causes pending in the said City Court of Pulaski County when this Act becomes of effect, shall be at once transferred to the Superior Court of Pulaski County, to be disposed of under its jurisdiction, and that all judgments and executions theretofore rendered by the said City Court of Pulaski are to be kept alive and executed

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by the officers of the Superior Court of Pulaski County, just as if rendered in such Superior Court. Transfer of cases. SEC. 3. Be it further enacted, That all mesne and final processes from the said City Court of Pulaski County, which may not have been executed when this Act goes into effect, shall be returnable to the Superior Court of said county and be executed by the officers of the said Superior Court, and that all claims, illegalities and other issues arising from the execution of such processes, shall be returnable as if such processes had primarily issued from the Superior Court of the said county. Return of processes. SEC. 4. Be it further enacted, That all criminal cases pending in the said City Court of Pulaski County on November 1st, 1912, which may be founded upon indictment shall at once be transferred to the Superior Court of said county, while those founded upon accusations shall be immediately be heard before a Justice of the Peace for disposition as if brought before him by warrant. Provided, however, that where the accused has been regularly bound over upon a warrant to the said City Court of Pulaski County, or has given bond for his appearance before that Court, such committal or bond shall be deemed sufficient command for his appearance for trial at the next term of the Superior Court. Criminal cases. SEC. 5. Be it further enacted, That all motions for new trials that may be pending in the City Court of Pulaski County on the first day of November, 1912, shall be heard by the Judge of the Superior Courts of the Oconee Circuit, and that where a judgment may be rendered after this Act goes into effect by the Court of Appeals or the Supreme Court of the State of Georgia in case pending therein from

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the City Court of Pulaski County the remittur in such case shall be sent by the Clerk of the higher Court to the Clerk of the Superior Court of Pulaski County where it shall be made the judgment of such Court as having jurisdiction therein; provided, if the judgment be reversed, and the suit be within the jurisdiction of the Justice Court, said suit shall be transferred to the Justice Court as herein provided. Motions for new trial, etc. SEC. 6. Be it further enacted, That all dockets, minutes, records, books and papers of the City Court of Pulaski County, except such as concerns the Justice Courts before mentioned shall be held by the Clerk of the Superior Court of Pulaski County as part of the records of that Court. Records. SEC. 7. Be it further enacted, That the Ordinary of Pulaski County shall order an election to be held on the first Wednesday in October, 1912, shall give thirty (30) days notice thereof by public issue in the official gazette of the county and shall fully provide for such election for the purpose of submitting the provisions of this Act to the approval or rejection of the qualified voters of Pulaski County and shall provide the election managers of each precinct with abundant tickets bearing the words Against City Court, and For City Court. Ordinary shall order an election. If at the said election the majority of all the votes cast shall be Against City Court, the provisions of this Act shall become effective on the first day of November, 1912. Effective Nov. 1, 1912, if abolished. If a majority of all the votes cast at the said election shall be For City Court, the provisions of this Act shall not be operative. The returns of said elections shall be consolidated and declared by the managers thereof at the court house, at

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noon on the day following the election, to the Ordinary of the county, who shall promptly under his hand and seal, certify the results to the Secretary of State. Consolidation of returns. 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 26, 1912. QUITMAN, CITY COURT OF, ESTABLISHED. No. 366. An Act to establish the City Court of Quitman, in and for the County of Brooks, to define its jurisdiction and powers, to provide for the election of the Judge, Solicitor and other officers thereof, and define their powers and duties and provide for their compensation, to provide for a Clerk and Sheriff thereof and prescribe their duties and fees, to provide for pleading and practice and new trials therein, writs of error therefrom, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City Court of Quitman is hereby established in the City of Quitman and created with civil and criminal jurisdiction over the whole County of Brooks, this Act to take effect on the passage thereof and the approval of the same by the Governor. Quitman, City Court of, established.

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SEC. 2. Be it further enacted, That said City Court of Quitman shall have jurisdiction to try and dispose of all civil cases of whatever amount when the principal sum or value of the property in controversy shall not be less than $100.00 except in those cases over which exclusive jurisdiction is vested in the Superior Court by Constitution and laws of the State of Georgia; always provided, that said City Court of Quitman shall not have power to correct errors in inferior jurisdictions by writ of certiorari, and said City Court shall not have power to issue writs of mandamus or prohibition, or quo warranto; and provided, further, that said City Court of Quitman shall have jurisdiction to try trover cases when the value of the property in controversy shall be less than $100.00. Jurisdiction in civil cases. SEC. 3. Be it further enacted, That the said City Court of Quitman shall have jurisdiction to try and dispose of all criminal cases when the offender is not subject to loss of life or confinement in the penitentiary, when the offense is committed in the County of Brooks. Jurisdiction in criminal cases. SEC. 4. Be it further enacted, That there shall be a Judge of the City Court of Quitman, who shall be appointed by the Governor for a term to expire on the 31st day of December, 1912, and who shall hold office until his successor is elected and qualified. The Judge of said City Court of Quitman shall be elected at the general election for State and county officers to be held in the year 1912, for a term of two years from the first of January, 1913, and at the general election for State and counties to be held each second year thereafter for each succeeding term of two years, and said Judge shall hold office until his successor is elected and qualified; and provided, that all vacancies in the office of Judge which may occur by death, resignation,

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removal or otherwise, shall be filled by appointment of the Governor for the residue of the unexpired term, such appointments being subject to the approval of the Senate which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The Judge of the City Court of Quitman shall receive a salary of twelve hundred dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the County of Brooks by the person or persons charged by law with the paying out of the money of Brooks County. Judge and his salary. SEC. 5. Be it further enacted, That any person who shall be elected Judge of said City Court must at the time of said election be at least twenty-one years of age and have been a resident of Brooks County at least two years immediately preceding his election and he must also have been a practicing attorney two years before his election; and he shall before entering upon the discharge of the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons and do equal rights to the poor and rich and that I will faithfully and impartially discharge and perform all duties which may be required of me as Judge of the City Court of Quitman, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God, and said oah shall immediately thereafter be forwarded to the Governor, and filed in the executive department. Said Judge may practice law in any other Court, except the Court created by this Act. He shall have authority to issue

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criminal warrants, to issue and try warrants to dispossess tenants holding over and intruders and distress warrants and generally do all acts which the Judge of the County Courts of this State are authorized to do unless otherwise provided in this Act. Qualifications of Judge. Oath. Judge may practice law, where. SEC. 6. Be it further enacted, That there shall be a Solicitor of said City Court of Quitman who shall be appointed by the Governor for a term to expire on the 31st day of December, 1912, and who shall hold office until his successor is elected and qualified. The Solicitor of said City Court of Quitman shall be elected at the general election for State and county officers to be held in the year 1912, for a term of two years from the 1st day of January, 1913, and at the general election for State and county officers to be held each second year thereafter for each succeeding term of two years; and said Solicitor shall hold office until his successor is elected and qualified; and provided, all vacancies in said office shall be filled in same manner as vacancies in the office of Judge of this Court are filled. The Solicitor of said City Court of Quitman shall receive a salary of twelve hundred dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the County of Brooks, by person or persons charged by law with the paying out of the money of Brooks County. Solicitor and his salary. SEC. 7. Be it further enacted, That any person who shall be elected Solicitor of said City Court of Quitman must at the time of said election be twenty-one years of age, and have been a resident of Brooks County at least one year immediately preceding his election, and he must also have been a practicing attorney one year before his

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election. He shall take the oath of office required of Solicitor-General. He shall draw all accusation for the trial of offences in said City Court, and shall prosecute all offences cognizant, before the Court. He shall represent the State in each case carried to the Appellate Courts from said Court. In the absence or disqualification of the said Solicitor, the Judge of said City Court shall appoint a Solicitor pro tem., who shall receive the same salary as is allowed the regular Solicitor of this Court. Qualifications of solicitor. Oath. Duties. SEC. 8. Be it enacted by the authority aforesaid, That the Clerk and his Deputies of the Superior Court of Brooks County shall be ex-officio Clerk and Deputies of said City Court of Quitman. Said Clerk shall before entering upon the duties of his office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which shall be entered on the books of minutes of said City Court. He shall also before entering upon the duties of his office, execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office. Clerk and his deputies. SEC. 9. Be it further enacted by the aforesaid, That the Sheriff of Brooks County shall be ex-officio Sheriff of said City Court of Quitman, and in his official connection with said Court shall be known as the Sheriff of said City Court of Quitman. Before entering upon the discharge of his office said Sheriff shall execute a bond with good security in the sum of one thousand dollars, for faithful discharge of the duties of his office. He shall have the same authority to appoint a Deputy or Deputies as he has by law as Sheriff of Brooks County. Sheriff. Bond. SEC. 10. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the

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office of the Clerk of the Superior Court and to the office of Sheriff shall be attached to the office of the Clerk of the City Court of Quitman, and Sheriff of the City Court of Quitman, respectively, and the Judge of said City Court of Quitman is empowered to enforce the same authority over said Clerk and Sheriff, and their Deputies, as is exercised by the Judge of the Superior Court over the Clerk of the Superior Courts and Sheriffs of the counties of Georgia. Clerk and Sheriff, their duties, etc. SEC. 11. Be it further enacted by the authority aforesaid, That the Clerk and Sheriff of City Court shall receive in all civil business transacted in said Court in which the principal sum claimed does not exceed one hundred dollars, one-half of the fees which the Sheriff and Clerk of the Superior Court receive. In all other business, unless otherwise specified in this Act, they and their Deputies shall receive for all services the same fees as are allowed by law for like services in the Superior Courts, 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. Fees of Clerk and Sheriff in civil cases. SEC. 12. Be it further enacted, That the fees of the Clerk and the Sheriff of said Court in criminal cases in said Court shall be two-thirds of the fees as are now, or may hereafter be allowed by law to the Clerk of the Superior Court, and to the Sheriff of the county, to be paid out of the County Treasury in the manner hereinafter provided; provided, the Sheriff shall receive the same jail fees as are now or may hereafter be allowed by law to the Sheriff of the county in cases in the Superior Court. For his attendance at the regular term of said Court the Clerk shall receive the same fees per day as those received by

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the Clerk of the Superior Court, and to be paid in the same manner; provided, he shall not receive pay for exceeding fifteen days in a year. And for his attendance at the regular term of said Court, the Sheriff shall receive the same fees paid in the manner as now allowed him for similar service in the Superior Court; provided, he shall not receive pay for exceeding fifteen days in the year. Fees of Clerk and Sheriff in criminal cases. SEC. 13. Be it further enacted, That the Judge of the said City Court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same way, and with the same power as Judge of the Superior Court. Habeas corpus. SEC. 14. Be it further enacted, That the terms of City Court of Quitman shall be monthly, and shall be held on the second Monday in each month. The terms of said Court shall last until the business is disposed of, or the Judge may in his discretion hold adjourned term; and may set cases for trial at convenient times, and the same may then be tried as of term, whether Court has been held from day to day until said time or not; provided, said Court shall be finally adjourned at least five days before the next succeeding term thereof. The Judge of said Court may in his discretion hold his Court at any other time than the regular term for speedy transaction, consistent with the interest of the State and the accused, of criminal business which does not require a jury. The first term shall be the appearance term, and the second term the trial term, of all civil cases except cases in which trial by jury shall have been demanded by either party; provided, however, that in all cases in which no defense has been filed upon the call of the appearance docket or in which the defense may be stricken, judgment may be entered at the first term

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thereof. That the regular term held in the months of January, April, July and October shall be jury terms, at which terms all cases in which trial by jury has been demanded, and which are ripe for trial under this Act shall stand for trial by the Judge and a jury of twelve men. Terms of Court. SEC. 15. Be it further enacted, That in said City Court the same rules of proceeding, service, pleading and practice shall govern as for the time being obtain in the Superior Courts, except as otherwise provided in this Act. The process to writs shall be annexed by the Clerk of said City Court, be vested in the name of the Judge thereof, and be directed to and served by the Sheriff of the City Court of Quitman or his Deputies; provided, that in any case where a trial by jury is demanded in writing by either party before or upon the call of the appearance docket, said case shall be transferred to the jury docket of said Court, and shall stand for trial by a jury at the next jury term of said Court, as herein provided all suits brought to said Court shall be filed in the Clerk's office of said Court at least fifteen days before the term to which they are returnable and the same shall be served at least ten days before the said term. The parties in any cause shall be entitled to a trial by jury in said Court by entering a demand by themselves or their attorneys in writing as herein provided before or upon the call of the appearance docket; provided, that it shall be the duty of the Judge of said City Court to call the appearance docket at some time fixed by him during the term for the purpose of ascertaining in what cases trials by jury have been demanded, and for the purpose of entering judgment in cases in which no defense has been filed. Procedure. SEC. 16. Be it further enacted, That the Judge of said City Court shall have the power and authority to hear and

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to determine all civil cases of which said Court has jurisdiction, and give judgment therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said Court upon entering a demand therefor, by himself or his attorney, in writing as provided for in Section 15. Trial of cases. SEC. 17. Be it further enacted, That all judgments obtained in said City Courts shall be lien on all property belonging to the defendant, or the defendants, throughout the State, in the same manner as judgments of the Superior Courts are; but the property exempt from levy and sale under process from said Court, and all executions issuing from such Court, shall be tested in the name of the Judge, and signed by the Clerk, and directed to the Sheriff, or his Deputies, of said City Court of Quitman, and to all and singular the Sheriffs, or their Deputies, of the State of Georgia. Lien of judgments. SEC. 18. Be it further enacted, That said City Court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said Court, and such claims shall be tried in the same manner as claims in the Superior Courts. Claim cases. SEC. 19. Be it further enacted, That claims to real property levied on under execution, other processes, from said City Court, shall be returned to the Superior Court of the county where such property is situated, and shall there proceed as other claims in the Superior Courts. Claims to real setate returned to Superior Court. SEC. 20. Be it further enacted, That all laws upon the subject of attachments and garnishments as to any matters whatever in the Superior Courts of this State shall apply to said City Court as if named with the Superior Courts, so far as the nature of the said City Court will admit;

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provided, however, that where the garnishee resides in a county other than Brooks County, the summons of garnishment shall be returnable to the City Court of the county of the garnishee's residence, if there exist a City Court in said county, otherwise to the Superior Court of said county. Attachments in said Court, or returnable to said Court, shall be directed to the Sheriff, or his Deputies, of the City Court of Quitman, and to all and singular the Sheriffs and Constables of this State. The Judge of said City Court or any Justice of the Peace or Notary Public and ex-officio Justice of the Peace or Judge of the Superior Courts may issue attachments returnable to said City Court under the same laws that govern the issuing of attachments returnable to the Superior Courts. Procedure in attachments and garnishments. SEC. 21. Be it further enacted, That scire facias to make parties in any cause in said City Court shall be had in the same manner as in the Superior Court, but such scire facias shall run throughout the State; and may be served by any Sheriff, or his Deputies, thereof. Sci. fa. SEC. 22. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits of illegality, arbitrations, examinations of parties to suits, all witnesses by interrogatories or under subp[oelig]na, witnesses and their attendance, continuances, or other matters of judicial nature within the jurisdiction of said City Court, shall be applicable to said City Court, except as otherwise provided herein. Pleading and practice. SEC. 23. Be it further enacted, That the Judge of said City Court shall have power to cause testimony to be taken, and to be used de bene esse, and for the purpose of perpetuating

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testimony within his jurisdiction in all cases according to the general laws of this State, and the Judge and all other officers of said City Court shall have power respectively to administer all oaths pertaining to their office, as the Judge and all other officers of the Superior Court may do in like cases, and said Judge shall have the power to attest deeds and other papers, and administer affidavits in all cases anywhere in this State in which, by existing laws, such papers may be attested, and affidavits administered, by Judges of the Superior Courts of this State, and the Judge of said City Court shall have all the power and authority throughout his jurisdiction of Judges of the Superior Courts, except where by law exclusive power and authority are vested in the Judges of the Superior Courts. And all laws relating to and governing Judges of the Superior Courts shall apply to the Judge of said City Court so far as the same may be applicable, except as herein provided. Power of Judge. SEC. 24. Be it further enacted, That said City Court of Quitman shall be a Court of record, and shall have a seal, and the minutes, records, orders, and other books and files that are required by law and rules to be kept for the Superior Courts, shall be kept in and for said City Court, and in the same manner; provided, however, that the Clerk of the City Court of Quitman, in addition to the regular issue dockets shall keep a docket which shall be called a jury docket, in which shall be entered all cases in which trial by jury is demanded, and all laws applicable to the duties of the Clerk and Sheriff in said Superior Courts shall apply to them in said City Court, except where they conflict with the provisions of this Act. Court of record. Jury docket. SEC. 25. Be it further enacted, That all laws relating to the enforcement of judgments of the Superior Court,

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whether civil or criminal, shall apply to said City Court, and execution shall issue and be levied, and sales be had thereunder under the same rules and laws relating to the same in the Superior Court. Judgments, how enforced. SEC. 26. Be it further enacted, That the Judge of said City Court shall have the same power to enforce all 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 of this State. Powers of Judge. SEC. 27. Be it further enacted, That all persons laible to serve as grand and petit jurors in the Superior Court of Brooks County shall be liable to serve as jurors in said City Court, and it shall be the duty of the Clerk of said City Court to copy into a book the list of all names of persons liable to serve as grand and petit jurors in the said Superior Court, to be taken from the list of said Superior Court, under the supervision of the Judge of said City Court, and to make a new list as often as said Superior Court list is revised to conform to said revision, which said book containing the list of persons so liable to serve as jurors in the City Court, as above directed, shall be alphabetically arranged, and shall be kept in the office of the Clerk of said City Court. The said Clerk shall also make out tickets equal in number to the number of names in said list and write upon each the name of one of the said persons and deposit the same in a box, to be provided at public expense and numbered one, until there shall be a ticket in said box bearing the name of each person on said list. Jury list. SEC. 28. Be it further enacted, That at least ten days before each jury term the Judge of said Court, or the

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Judge presiding in said Court, shall draw from said box number one only eighteen names of persons to serve as jurors at the next jury term of said City Court, and shall cause the Clerk to record said names so drawn, and then place them in another box, to be provided as above stated, number two. The Judge of said City Court for the first jury term held under this Act shall draw a jury in the same manner as herein provided as soon as he is appointed and qualified, and have them served five days before said term; but this shall not apply to any other term of said Court. These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed and locked, and shall not be opened by any person except the Judge of said City Court, or the Judge presiding in his place, for the purpose of drawing juries, as above provided. The Clerk shall keep said jury boxes and the Sheriff of said City Court shall keep the key. Jurors, how drawn. SEC. 29. Be it further enacted, That the Clerk shall make out a precept containing the names of the persons drawn as above directed, and a summons for each juror, and deliver the same to the Sheriff of said City Court, who shall serve each of said persons by handing him a summons personally or by leaving the same at his most notorious place of abode. Jurors, how summoned. SEC. 30. Be it further enacted, That only eighteen jurors shall be drawn, summoned and impaneled, and if by reason of non-attendance or disqualification of any of the said regular panel the same is not full, the Judge of said Court shall direct the same to be filled by tales jurors in the same manner as is done in the Superior Court. In all civil cases each side shall strike three from the panel of eighteen, and in criminal cases the defendant shall strike

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three and the State three from said panel. The Sheriff of said Court shall be entitled to a fee of three dollars for summoning the jurors for each jury term, the same to be paid in the same manner as the Sheriffs are paid for similar service. Panels and strikes. SEC. 31. Be it further enacted, That defendants in criminal cases in said City Court of Quitman may be tried on written accusation, which shall be drawn by the Solicitor of said Court, setting forth plainly the offense charged, founded on affidavit made by the prosecutor, and said accusation shall be signed by the Solicitor of said Court. In all criminal cases within the jurisdiction of said City Court in which under existing laws the defendant is required to be tried on an indictment or special presentment in the Superior Courts the defendant shall have the right to demand an indictment by the grand jury of Brooks County. Accusations. SEC. 32. Be it further enacted, That the Judge of the Superior Court may transmit from the Superior Court of Brooks County all presentments and bills of indictments for misdemeanors in said City Court for trial, either in term time or vacation, the order so transmitting such cases to be entered on the minutes of both of said Courts. Transfer of misdemeanor cases. SEC. 33. Be it further enacted, That it shall be the duty of all the Justices of the Peace and Notaries Public of Brooks County to bind over to said City Court all persons for offenses committed within the limits of Brooks County, over which said City Court has jurisdiction, to answer for said offense. Appearance bonds. SEC. 34. Be it further enacted, That before the arraignment of the defendant, either on indictment, presentment

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or accusation the Judge of the said City Court shall inquire of him whether he demands a trial by jury or indictment by the Grand Jury, and the response of the defendant shall be endorsed on said accusation, indictment or presentment, and signed by the prosecuting officer of said Court. If the defendant demands trial by jury the Judge of said Court shall proceed with said cause, if at a jury term of said Court, according to the rules and laws of the Superior Court applicable to the trial of misdemeanors, but the jury shall be selected in the manner provided in this Act. If the defendant demands a trial by jury and the said Court is not sitting at a regular jury term, the Judge shall admit the defendant to bail, to appear at the next regular jury term, or on the defendant's failure to give bond shall commit him to jail until the next regular jury term of said Court, unless there be sooner an adjourned jury term, at which a jury will be impaneled. If the defendant waives trial by jury then the Judge shall proceed to hear and determine such criminal case comformable to the law governing the Superior Courts, as the same may be applicable. If upon the trial of any criminal 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; provided, always, that reasonable time shall be granted to the State or defendants to procure witnesses. Trials. SEC. 35. Be it further enacted, That in all criminal cases in said Court the same powers and the same rights of parties as to waiver in pleading on procedure, or other matters pertaining to the same, shall be allowed and upheld by the laws and rules governing parties in the Superior Courts. Waivers.

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SEC. 36. Be it further enacted, That the Judge of the said City Court shall have power to grant a new trial in any case, civil or criminal, in his Court upon the same terms and conditions, and under the same laws and regulations, in every respect, governing the granting of new trials in the Superior Courts. All rules of pleading, practice and procedure governing motion, rules, nisi, and other proceedings governing the granting of new trials in the Superior Courts shall apply to and govern the same in said City Court. New trials. SEC. 37. Be it further enacted, That a writ of error shall be directed from said City Court to the Court of Appeals of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the Superior Court of this State. Writs of error. SEC. 38. Be it further enacted, That all jurors in said City Court shall each receive $2.00 per day for their services for every day of actual attendance, and shall be paid in the same manner and under the same rules and regulations as jurors in the Superior Courts. Pay of jurors. SEC. 39. Be it further enacted, That all suits against joint obligors, joint promissors, co-partners or joint trespassers, in which any one or more reside in the County of Brooks, may be brought in said City Court if within its jurisdiction, as already stated, and under the same rules and regulations governing such cases in the Superior Courts, mutatis mutandis, as to copies, second originals, returns, and other matters connected with the suits. Suits against joint obligors. SEC. 40. Be it further enacted, That all rules of the Superior Court relating to continuances, motions, pleas

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and practices, shall be applicable to said City Court, and shall obtain therein except as otherwise provided herein. Rules of practice. SEC. 41. Be it further enacted, That whenever the Judge of said Court is from any cause, disqualified from presiding, and the Judge of the Superior Court is not present to preside in said Court as provided for in the Constitution, then, upon consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a Judge pro hac vice, selected in the same manner as now provided for in the Superior Courts. Cases in which judge is disqualified. SEC. 42. Be it further enacted, That all fines and forfeitures arising from criminal cases tried in said City Court shall be collected by the Clerk thereof and by him paid over to the County Treasurer. That at the end of each calendar month the Clerk of said City Court shall prepare an itemized statement of the cost due to the Clerk and Sheriff of said Court for cases arising in said Court, whether of conviction, acquittal or nolle prosequi, and of the cost due to the Justices of the Peace, and other committing officers for cases arising in said Court in cases of conviction, and of the Solicitor-General of the Superior Court for cases transferred to said City Court from the Superior Court of Brooks County for his service in drawing the indictment, to-wit: $5.00 in each case, and shall present the same to the Judge of said City Court for his approval, and upon his approval being entered thereon said cost shall be paid to said Clerk by the person, or persons charged by law with the paying out of money of Brooks County, and it shall then be the duty of the Clerk of said City Court to pay over to the persons entitled thereto their respective shares of said cost, taking their receipt therefor, and he shall present to the Grand Jury

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of Brooks County at each session thereof an itemized statement of the costs so received and paid out by him, together with his receipts therefor. Fines and forfitures. SEC. 43. Be it further enacted, That said City Court shall be held at the court house of Brooks County, in the City of Quitman, and the Board of Commissioners of Roads and Revenues for the County of Brooks shall provide the necessary books for keeping the dockets, minutes and records of said City Court. Court room and supplies. SEC. 44. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 2, 1912. SAVANNAH, CITY COURT OF, TERMS OF OFFICERS. No. 373. An Act to prescribe the terms of office of the Clerk and Sheriff of the City Court of Savannah, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Clerk and Sheriff of the City Court of Savannah to be elected at the next election to be held for the election of such officers, shall hold such offices for a term of four years and until their successors are elected and qualified, and at all future elections

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for such office, said officers shall be elected for a term of four years. City Court of Savannah, terms of clerk and sheriff. 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, 1912. SPARTA, CITY COURT OF, ACT CREATING AMENDED. No. 552. An Act to amend Section 41 of an Act entitled An Act to create the City Court of Sparta, in and for the County of Hancock; to prescribe the powers and duties thereof; to provide for the compensation of said officers, and for other purposes, approved August 17th, 1905; so as to prescribe the compensation of the Stenographer of said Court, and to repeal an Act to amend Section 41 of an Act entitled An Act to create the City Court of Sparta, in and for the County of Hancock; to prescribe the powers and duties thereof, to provide for the compensation of said officers, and for other purposes, approved August 18th, 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 from and after the passage of this Act, Section 41 of An Act to create the City Court of Sparta,

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in and for the County of Hancock, to prescribe the powers and duties thereof; to provide for the compensation of said officers, and for other purposes, approved August 17th, 1905, be and the same is hereby amended by striking the words between the words said Court and the words out of in the 12th and 13th lines of said Section, and substituting in lieu thereof the words and for said service shall receive the same compensation as is now paid to Stenographers of the Superior Courts of this State, the same to be paid, so that said Section 41 when so amended shall read as follows: Section 41. Be it further enacted by the authority aforesaid, That there shall be a Stenographer of said City Court of Sparta, appointed by the Judge thereof, and all civil cases in said Court, shall be reported at the request of the plaintiff or defendant, or when ordered by the Judge, in his discretion, and the fee for reporting such cases to be the same as allowed for similar services in the Superior Courts to be paid by the plaintiff and defendant equally, and in final disposition of the case to be taxed against the losing party as other costs. And the said Stenographer shall have the right to enforce the payment of his fees as in the Superior Courts. Stenographer's fees. Said Stenographer shall report and transcribe all criminal cases tried in said Court, and for said services shall receive the same compensation as is now paid to Stenographers of the Superior Courts of this State, the same to be paid out of the County Treasury on the order of the Judge of the said Court. In case of acquittal of the defendant, and in case no motion is made for a new trial, or bill of exceptions sued out to the Supreme Court, said Stenographer shall not be required to transcribe the notes

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and he shall not receive compensation for transcribing the same. SEC. 2. Be it further enacted by the authority aforesaid, That an Act entitled An Act to amend Section 41 of an Act entitled `An Act to create the City Court of Sparta, in and for the County of Hancock, to prescribe the powers and duties thereof, to provide for the compensation of said officers, and for other purposes,' approved August 18th, 1906, the same being an Act to prescribe the compensation of the Stenographer of said City Court, be and is hereby repealed. Amendment of 1906 repealed. 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 19, 1912. STATESBORO, CITY COURT OF, ACT CREATING AMENDED. No. 443. An Act to amend an Act establishing the City Court of Statesboro, approved August 10th, 1903, and the amendatory Act thereto approved August 23rd, 1905, so as to provide for the appointment of a Stenographer for said Court, and to fix his 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 an Act establishing the City Court of

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Statesboro, approved August 10th, 1903, and an Act amendatory thereof, approved August 23rd, 1905, be, and the same are, hereby amended as follows: By striking all of Section 3 of said amendatory Act, and substituting in place thereof the following: There shall be a Stenographer of the City Court of Statesboro, appointed by the Judge thereof, whose duty it shall be to take down the testimony and charge of the Court in all litigated criminal and civil cases tried in the said Court, and for this service he shall be paid the sum of sixty dollars per calendar month while so engaged, this sum to be paid from the County Treasury on warrant or order drawn and signed by the Judge of the said City Court. Said Stenographer shall be subject to removal by the Judge of said Court. On the request of a defendant or his counsel in a criminal case, or of either plaintiff or defendant or other party in a civil case, when a motion for a new trial has been made in such case, said Stenographer shall furnish a typewritten transcript of the testimony and charge of the Court at the rate of 7 cents per one hundred words, to be paid for by the movant. Said Stenographer shall have the same right to enforce the payment of his fees in civil cases as is provided by law for enforcement of the fees for Superior Court Stenographers. Stenographer and his salary. SEC. 2. Be it further enacted, That all laws and parts of laws conflicting herewith be, and the same are, hereby repealed. Approved August 13, 1912.

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SWAINSBORO, CITY COURT OF, ELECTION TO ABOLISH. No. 541. An Act to repeal an Act creating the City Court of Swainsboro, in Emanuel County, Georgia, approved August 10th, 1903, 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, amendments thereto approved August 14th, 1906; August 27th, 1907; August 12th, 1910; all Acts amendatory thereof approved August 22nd, 1911, and August 10th, 1911. To provide for the transfer, trial and disposition of all civil and criminal cases from said Court to the Superior Court of Emanuel County; to provide for the collection and payment of all earned cost therein; to provide that for an election by the people for the purpose of ratifying the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act by the General Assembly of Georgia, approved August 10th, 1903, 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

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pleading and practice and new trials therein and writs of error therefrom to the Supreme Court, and for other purposes, be and the same, together with all amendments thereof and thereto, is and are hereby repealed, and said City Court of Swainsboro is hereby abolished; provided, a majority of the qualified voters of Emanuel County at an election to be held for the purpose, vote for the repeal and abolishment of said City Court. City Court of Swainsboro, election to abolish. SEC. 2. Be it further enacted by the authority aforesaid, That all the business, all civil and criminal cases pending in said City Court of Swainsboro, be and are upon the adoption of this Act transferred to the Superior Court of Emanuel County, there to be tried as speedily as possible under same rules as govern trial in said Superior Court; that the fees earned by the officers of said City Court of Swainsboro be by the officers of the said Superior Court paid over immediately after collected to the officers of said City Court; that all criminal cases in said City Court be transferred to said Superior Court and tried upon the accusation or indictments on which same are based. Transfer of cases. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held in and for the County of Emanuel for the purpose of ratifying or not ratifying the provisions of this Act, that said election shall be ordered by the Ordinary of said County of Emanuel to be held on the 21st day of August, 1912, at the same time and place at which the State primary is to be held for the nomination of members of the General Assembly and said election shall be held by the same managers and under the same rules and same regulations that govern the election for members of the General Assembly and the managers shall

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be the same those holding the State primary. The count of votes, result and consolidation and the terms of said election, made by said managers shall be the same as in general elections, that is, upon the consolidation of all the votes cast at such election, should a majority of the votes cast be in favor of the provisions of this Act, abolishing said City Court, then it shall be the duty of the Ordinary of said county to issue his proclamation, declaring the result of said election and said City Court abolished; if a majority shall be against the ratification of said Act, he shall declare said Court not abolished. Election to abolish, when and how called. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be placed on the tickets at said election, the words For the City Court and Against the City Court, that those who favor the City Court shall strike off the words Against the City Court, those who are against the City Court shall strike the words For the City Court, that if a majority of the votes cast are in favor of abolishing the said City Court, then it shall be the duty of the Ordinary of said county to declare the result of said election as aforesaid. How held. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of the Ordinary or other person or persons having charge of the county affairs to pay out of the county funds of said county any and all expense incident and necessary for printing of tickets and holding said election. Expenses of election, how paid. SEC. 6. That if at said election held for the purpose of ratification of this Act a majority of the qualified voters of Emanuel County voting in said election shall be in favor of abolishing the said City Court, the said City Court shall

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not be abolished nor the provisions of this Act become of force and effect until the 15th day of July, 1913, and the said City Court shall continue to exist until the 15th day of July, 1913, if a majority of those voting at such election favor the abolishment thereof. Act, when effective. SEC. 7. Be it further enacted by the authority aforesaid, That any and all laws and parts of law in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 17, 1912. TALIAFERRO COUNTY, COUNTY COURT OF, ABOLISHED. No. 357. An Act to abolish the County Court of Taliaferro County; to provide when said Act shall become effective; to provide for the disposition of all business pending 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 from and after September 1st, 1912, the County Court of Taliaferro County, in and for said county, be, and the same is, hereby abolished. County Court of Taliaferro County abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all business pending in said Court at the time of the going into effect of this Act, shall be transferred to

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the Superior Court of said County of Taliaferro; all books, papers and all proceedings of whatever kind, either civil or criminal, shall be turned over to the Clerk of the Superior Court of Taliaferro County to be disposed of by said Superior Court. Transfer of business. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 31, 1912. THOMASVILLE, CITY COURT OF, ACT CREATING AMENDED. No. 380. An Act to amend an Act entitled An Act to establish the City Court of Thomasville, in and for the County of Thomas; to define its jurisdiction and powers; to provide for the election of a Judge and officers thereof; to define their powers and duties, and for other purposes, approved August 18th, 1905, and Acts amendatory thereof, so as to change and fix the salary of the Judge of said Court; to provide that the whole amount required by said Act to be paid to the Judge of said Court by the party held liable for costs in criminal cases tried in said Court, shall be paid to the County Treasurer, 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 establishing the City Court of

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Thomasville, approved the 18th day of August, 1905, be and the same is hereby amended by striking out the words twelve hundred in the 23rd line of Section twelve (12) of said Act, and inserting in lieu thereof the words two thousand, so that said Section, when so amended, shall read as follows: Section 12. Be it further enacted by the authority aforesaid, That the Judge of said Court must be at least twenty-eight years of age; must have been a resident of the County of Thomas at least three years immediately preceding his election, and a practicing attorney at law at least five years before his election. Before entering upon the discharge of his duties, he shall take and subscribe to the following oath: `I do solemnly swear that I will administer justice without respect to persons, and do equally right to the poor and the rich, and that I will faithfully and impartially discharge and perform my duties, which may be required of me as Judge of the City Court of Thomasville, in the County of Thomas, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God.' Such oath shall be immediately forwarded to the Governor and filed in the executive department. Said Judge may practice law in any other Court except the one provided for by this Act; he shall have authority to issue criminal warrants, to dispossess tenants holding over and intruders; to issue distress warrants, and generally to do all acts which the Judges of the County Courts are generally authorized to do, unless otherwise provided in this Act. The said Judge shall receive a salary of two thousand dollars per annum, which shall be paid monthly out of the treasury of Thomas County; said salary shall not be increased or diminished during his term of office, except to apply at a subsequent term. Said Judge shall have the

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same power to enforce his orders, preserve order, and punish for contempt, and enforce laws and judgments as is vested by law in the Judges of the Superior Courts of this State. Judge's salary. SEC. 2. Be it further enacted by the authority aforesaid, That Section forty (40) of said Act establishing said City Court of Thomasville, be and the same is hereby amended by striking out the words half that in the fourth line of said Section, and inserting in lieu thereof the word said so that said Section, when so amended, shall read as follows: Section 40. Be it further enacted, That all criminal cases tried in the said City Court by the Judge, or by him and a jury, the party held liable for costs shall pay to the Judge the sum of three dollars; said amount to be paid to the County Treasurer for general purposes. In all cases commenced but not tried, the party held liable for costs shall pay the sum of two dollars to be disposed of as aforesaid. Certain costs paid to County Treasurer for general purposes. SEC. 3. Be it further enacted by the authority aforesaid, That this amendment shall not go into effect until on and after the first day of January, nineteen hundred and thirteen (1913). Effective January 1 1913. 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 6, 1912.

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VIENNA, CITY COURT OF, ACT CREATING AMENDED. No. 462. An Act to make certain provisions as to the City Court of Vienna relating to demands for indictment, compensation of the Solicitor, 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, 1913, if any defendant upon the original call of his case shall demand indictment by the Grand Jury, the Court shall bind him over in a reasonable but sufficient bond to be assessed by the Judge of the City Court, conditioned that he will personally be and appear to answer to any true bill, indictment, or presentment that may be returned by the Grand Jury against him in the matter, and the City Court shall await the action of the Grand Jury in the matter; but, if the defendant fails to give bond within five days, and remains in jail, the City Court may proceed to try the case, notwithstanding the demand for indictment. If the Grand Jury return a true bill for a misdemeanor in the matter, the Judge of the Superior Court shall transfer the same to the City Court for trial. Demands for indictment. SEC. 2. Be it further enacted, That instead of the fees now allowed to the Solicitor of said Court for services performed by him in said Court, there shall be paid to him the sum of one hundred dollars per month out of the County Treasury. All such portions and pro rata parts of funds and forfeitures as would under the present law

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governing said Court be payable to the said Solicitor, shall be paid into the County Treasury and become a part of the general fund. Salary of Solicitor. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved August 17, 1912. WAYNESBORO, CITY COURT OF, ACT CREATING AMENDED. No. 472. An Act to amend an Act creating the City Court of Waynesboro, etc., approved August 15th, 1903, by adding at the end of Section 15 of said Act, provisions for applying the surplus fund arising from fines and forfeitures in said Court, each year, to the general fund of the county, after the payment of the insolvent cost bills of the officers of said Court for the year, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act approved August 15th, 1903, creating the City Court of Waynesboro, shall be amended by adding at the end of Section 15 of said Act, the following: Provided, that whenever there shall remain, at the end of any year, to the credit of the fund arising from fines and forefitures

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any money, after the officers of said Court have been paid their respective insolvent cost bills, for said year, the same shall be placed to the credit of the fund for general county purposes. Fines and forfeitures go to general fund, when. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. WRIGHTSVILLE, CITY COURT OF, ESTABLISHED. No. 607. An Act to establish the City Court of Wrightsville, in Johnson County, Georgia; to define its jurisdiction and powers, to provide for the election of Judge and Solicitor, and to provide for other officers of said Court; to define the duties and powers of all officers thereof, to provide for their salaries and fees; to provide for the granting of new trials therein, and writs of error there-from, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the City Court of Wrightsville, be and the same is hereby established, to be located and held in the court house in the City of Wrightsville, in the County of Johnson, State of Georgia, with jurisdiction civil and criminal over the entire County of Johnson. City Court of Wrightsville established.

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SEC. 2. Be it further enacted by the authority aforesaid, That the City Court of Wrightsville shall be a Court of record, shall have a seal, the minutes, records, dockets and other books and files that are required by law to be kept for the Superior Courts shall be kept in and for said City Court, and in the same manner, and all laws applicable to the duties of the Clerk and Sheriff in the Superior Court shall apply to them, in said City Court, except where they conflict with the provisions of this Act. Court of record. SEC. 3. Be it further enacted by the authority aforesaid, That there shall be a Judge of said City Court of Wrightsville, who shall be elected by the qualified voters of Johnson County in the same manner, and at the same time and places that members of the General Assembly are now or may hereafter be elected, whose term of office shall be four years and until his successor is elected and qualified. That all vacancies in the office of Judge which may occur by death, resignation or removal from office, shall be filled by appointment of the Governor for the residue of the unexpired term, such appointments being subject to the approval of the Senate, which may then be in session, or if the Senate be not in session at the time of the appointment, then subject to its approval at the next session thereafter. The Judge of said City Court of Wrightsville shall receive a salary of nine hundred dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the County of Johnson by the person or persons charged by law with the paying out of the money of Johnson County. Judge, his election and salary. SEC. 4. Be it further enacted, That any person who shall be elected Judge of said Court must at the time of

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said election have been a resident of Johnson County at least five years immediately preceding his election and he must also have been a practicing attorney at least ten years before his election, he shall before entering upon the discharge of the duties of his office, take and subscribe the following oath: I,....., do solemnly swear that I will administer justice without respect to persons and do equal right to the poor and rich, and that I will faithfully and impartially discharge and perform all duties which may be required of me as Judge of the City Court of Wrightsville, of this State, according to the best of my ability and understanding, agreeable to the Jaws and Constitution of the State and the Constitution of the United States, so help me God. Said oath shall immediately thereafter by the Ordinary of said county be sent to the Governor and filed in the executive department. Said Judge may practice law in any other Court, except the Court created by this Act. The Judge of said Court shall have power to draw warrants on the County Treasurer for payment of all incidental expenses of said Court not herein provided for. Qualifications and oath of Judge. SEC. 5. Be it further enacted, That there shall be a Solicitor of said City Court of Wrightsville, who shall be elected by the qualified voters of said county in the same manner, and at the same time and places that members of the General Assembly are now elected or may hereafter be elected, whose term of office shall be two years, and until his successor is elected and qualified, and any and all vacancies in said office shall be filled in the same manner as vacancies in the office of Judge are filled. He must have been a resident of Johnson County at least five years immediately preceding his election and must have been a practising attorney at least five years immediately preceding

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his election or appointment. He shall take the same oath as required of Solicitors-General. He shall prosecute all cases cognizant before the Court. He shall represent the State in each case carried to the Supreme Court or Court of Appeals from said City Court. He shall draw all accusations for the trial of offenses in said Court, which accusations shall be based on affidavits as hereinafter provided. He shall receive for his services the same fees as Solicitors-General of this State are allowed by law for similar services, except, that in all gaming or gambling cases he shall receive only ten dollars for each case. In the absence or disqualification of the said Solicitor, the Judge of said Court shall appoint a Solicitor pro tem., who shall receive the same fees as are the regularly appointed Solicitor of said Court; provided, that in all indictments or presentments transferred from the Superior Court to the said City Court the Solicitor of said City Court or the Solicitor pro tem. shall receive only the sum of five dollars for each case so transferred and finally disposed of in said City Court. Solicitor. Qualifications. Oath. Duties. Compensation. SEC. 6. Be it further enacted, That the Solicitor of said City Court shall for his services in the Supreme Court or Court of Appeals be paid out of the Treasury of the State, in the same manner as Solicitors-General are now paid for like services rendered in the Appellate Courts. Compensation for services in Court of Appeals. SEC. 7. That defendants in any criminal case originating by accusation in said City Court shall not have the right to demand an indictment by the Grand Jury before being placed on trial in said City Court. Accusations. SEC. 8. Be it further enacted by the authority aforesaid, That the Clerk and his Deputies of the Superior Court

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of Johnson County shall be ex-officio Clerk and Deputies of said City Court, and in his official connection with said City Court shall be known as the Clerk of the City Court of Wrightsville. Said Clerk shall before entering upon the discharge of the duties of his office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which shall be entered on the minutes of said Court. He shall also before entering upon the duties of said office, execute a bond with good security, as now required by Clerks of the Superior Court, in the sum of one thousand dollars for the faithful discharge of the duties of his office. Clerk and his deputies. Oath. Bond. The fees of the Clerk of said City Court shall be the same that are now or may hereafter be allowed by law to the Clerk of the Superior Court, except in criminal cases founded on accusation he shall receive only three dollars, and except, further, that his fees in such cases that Justices' Court has jurisdiction that are brought to said City Court, then said Clerk's fees shall be the same as the Justice of the Peace is entitled to under the law in such cases, and for his services at the regular terms of said City Court he shall receive the sum of two dollars per day. Fees of clerk. SEC. 9. Be it further enacted by the authority aforesaid, That the Sheriff of Johnson County, by virtue of his office, shall be Sheriff of said City Court of Wrightsville. He shall have power, with the consent of the Judge of said Court, to appoint Deputies, who shall, before entering the duties of the office, give bond in the sum of two thousand dollars, conditioned as the bond of other Deputy Sheriffs. Said Sheriff shall receive the same fees as are now or may hereafter be allowed by law to the Sheriff of Johnson County, except as herein provided, and for his attendance at the regular term of said City Court he shall receive two

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dollars per day, to be paid him in the manner as now or may hereafter be provided for similar service in the Superior Court of Johnson County, except that in all cases brought in said Court of which the Justice Court has jurisdiction, he shall only have such fees as are allowed by law to Constables in such cases. Sheriff and his deputies. Bond. SEC. 10. Be it further enacted by the authority aforesaid, That the Judge of the said City Court of Wrightsvills may appoint and require the service of Bailiffs, and exercise the same authority over the Clerk, Sheriff, Deputy Sheriff and Bailiffs of said Court as may be exercised by the Judge of the Superior Court over such officers while holding Superior Court. Bailiffs. SEC. 11. Be it further enacted by the authority aforesaid, That the City Court of Wrightsville shall have jurisdiction to try and dispose of all cases of whatever nature, except those cases over which exclusive jurisdiction is vested in other Courts by the Constitution and laws of Georgia, except when the amount claimed is less than fifty dollars; provided, that in all cases brought in said City Court for the principal sum of one hundred dollars or less, the cost shall not be more than Justice Court cost. That no case for less than fifty dollars principal shall be brought in said City Court; provided, it be such case as could not be brought in Justice Court for want of jurisdiction of the subject matter of the suit. Civil jurisdiction. SEC. 12. Be it further enacted by the authority aforesaid, That the said City Court of Wrightsville shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the County of Johnson where the

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defendant is not subject to loss of life or confinement in the penitentiary. Criminal jurisdiction. SEC. 13. Be it further enacted by the authority aforesaid, That the Judge of the City Court of Wrightsville shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders, to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers, and to take affidavits anywhere in this State, and the Judge, Solicitor, Clerk, and Sheriff and his Deputy shall have power to administer all oaths and do all other official acts pertaining to their office respectively, as such officers of the Superior Court may in like cases do. Said Judge shall also have power to issue writs of habeas corpus, and hear and determine the same as the Judges of the Superior Court may do; cause testimony to be taken, to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally do all acts which the Judge of the Superior Court may do, and all laws relating to and governing Judges of the Superior Court shall apply to the Judges of said City Court, so far as the same may be applicable, except as herein provided. Powers of Judge. SEC. 14. Be it further enacted by the authority aforesaid, That said Court shall have jurisdiction of all claim cases when personal property is levied on under process issued from said Court, which claims shall be tried in the same manner as claims in the Superior Courts, except the pleadings in the case shall make the issue, and shall be unnecessary for the parties to tender and join issue in claim cases as is the practice in other Courts. Claims to personalty. SEC. 15. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and

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garnishments in the Superior Courts of this State shall apply to said City Court, so far as the nature and jurisdiction of said City Court will admit. The Judge of said City Court or any other officer authorized by law to issue attachments returnable to the said City Court of Wrightsville, shall be directed to all and singular the Sheriffs and Constables of this State, and may be executed and served by them or any other Sheriff or Constable or other officer authorized by law to levy attachments returnable to other Courts. Attachments and garnishments. SEC. 16. Be it further enacted by the authority aforesaid, That the garnishment proceedings in said Court shall be conformable to the laws of the State on that subject in the Superior Court and when returnable to another county where there is no City Court of like character with this, shall be returnable to the Superior Court of such county. Garnishment proceedings, practice. SEC. 17. Be it further enacted by the authority aforesaid, That the Judge of the City Court of Wrightsville shall have the power and authority to enforce his orders, to preserve order, to punish for contempt and to enforce all his judgments as vested by law in the Judges of the Superior Courts of this State. Contempt. SEC. 18. Be it further enacted by the authority aforesaid, That the Judge of the City Court of Wrightsville shall have power and authority to hear and determine all civil cases of which said City Court has jurisdiction, and to give judgment therein in term time without a jury; provided, that either party in any civil case pending in said Court shall be entitled to a trial by a jury in said Court upon entering a demand therefor by himself or his attorney in writing, to be signed by the Judge and spread upon the

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minutes, at any time during the appearance term of said case in which said party may be entitled to a jury trial under the Constitution and laws of this State. Trials. SEC. 19. Be it further enacted by the authority aforesaid, That the regular terms of the said City Court of Wrightsville shall be held quarterly and monthly; monthly for the trial of criminal jail cases, and criminal cases in which the defendant waives trial by a jury in writing, and quarterly for the trial of both civil and criminal business. The quarterly terms of said Court shall be on the second Mondays in February, May, August and November of each year, and the monthly terms shall be held on the second Monday in each month of the year except the months herein designated for the quarterly term. Terms of Court. The Judge shall have power to hold said Court in session from day to day, for a period not longer than one week, from the beginning of each term; provided, that said Court shall stand open from day to day for the trial of all cases where a trial by a jury is waived in writing by the defendant or his attorney. SEC. 20. Be it further enacted by the authority aforesaid, That suits in said City Court shall in all respects be conformable to the mode of proceeding in the Superior Courts except as is hereby provided, but the process to writs shall be annexed by the Clerk of said City Court, shall be attested in the name of the Judge thereof, and directed to the Sheriff or his lawful Deputy and all executions issuing from said Court shall be attested in the name of the Judge, and signed by the Clerk, and directed to all and singular the Sheriffs of the State of Georgia. Procedure. SEC. 21. Be it further enacted by the authority aforesaid,

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That in all matters pertaining to service and pleading and practice the laws governing the Superior Court, where not inconsistent with this Act, shall be applicable to said City Court. Service, pleading and practice. SEC. 22. Be it further enacted by the authority aforesaid, That the general laws of this State, applicable to the Superior Court with regard to the commencement of suits and making parties to cases pending, defenses, set-offs, affidavits of illegality, arbitration, examination of witnesses by interrogatories or to subp[oelig]na witnesses and to require them to attend Court and give evidence, continuances and amendments, and all matters pertaining to pleading and practise, and all matters of judicial nature within the jurisdiction of said City Court shall be applicable to said City Court. Pleading and practice. SEC. 23. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments of the Superior Courts whether civil or criminal, shall apply to said City Court, and executions shall issue and be levied, and sales be had thereunder, and the same rules and laws regulating the same in the Superior Courts. Judgments, enforcement of. SEC. 24. Be it further enacted by the authority aforesaid, That defendants in criminal cases in the City Court of Wrightsville must be tried upon written accusations, which accusation shall not issue except when based upon the written affidavit verified by the prosecutor or the Solicitor, the affidavit shall be sworn to before the Clerk of said City Court or the Judge thereof, and shall be attached to the accusation, which affidavit and accusation shall plainly and distinctly set forth the offense charged and shall also be signed by the prosecuting officer of said Court and filed

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in the office of the Clerk of said Court. That should an accusation issue without such affidavit, same shall be void, and all proceedings had thereunder be a nullity, there shall be no special accusations or presentments in said Court, in cases originating therein. Accusations. SEC. 25. Be it further enacted by the authority aforesaid, That when any criminal case in said City Court, founded either upon indictment [Illegible Text] presentment by the Grand Jury, or upon written verified accusation in said City Court, is called for trial, and before the arraignment of the defendant, the Judge shall inquire of the defendant whether he demands a jury, and the response of the defendant shall be entered upon the indictment or verified accusation and signed by defendant or his attorney and the prosecuting officer of said Court. If the defendant demands a trial by a jury, and the Court is not sitting at a regular quarterly term, the Judge shall admit the defendant bail to appear at the next regular quarterly term, or on the defendant's failure to give bond, shall commit him to jail to await his trial at the regular quarterly term. If the defendant waives trial by jury, then the Judge of said Court shall proceed to hear and determine such criminal case without a jury; provided, always, that a reasonable time must be granted the State or defendant to procure witnesses. That there shall be no cases tried by a jury in said Court, except at the regular quarterly terms, that no case shall be tried either civil or criminal, in which a jury is demanded at the monthly terms of said Court. Jury trials in criminal cases, when demanded. Appearance bond. SEC. 26. Be it further enacted by the authority aforesaid, That the Judge of the Superior Court of Johnson County may with the consent of the Solicitor-General, transfer any or all presentments or bills of indictment for

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msidemeanors to said City Court for trial; the order so transferring to be signed by the Judge and Solicitor and entered on the minutes of both Courts. Transfer of cases from Superior Court. SEC. 27. Be it further enacted by the authority aforesaid, That traverse jurors in the City Court of Wrightsville shall be procured in the following manner: The Clerk of said City Court shall provide a box similar to the traverse jury box of the Superior Court, and shall write upon separate pieces of paper the name of each person on the grand and traverse jury list of the county, of the Superior Court, and shall place all of said names in the jury box of the said City Court, from which shall be drawn twenty-four traverse jurors to serve in said Court, at each quarterly term only. All laws in reference to the drawing and summoning and empaneling traverse juries in the Superior Courts, shall apply to the City Court of Wrightsville, and the said City Court Judge shall have the same power to summons tales jurors for the City Court that the Judge of the Superior Courts have for the Superior Courts; jurors in the City Court shall receive the same pay and in the same manner, and under the same rules and regulations as jurors in the Superior Courts are, or may hereafter be paid. Juries. SEC. 28. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, empaneling, challenging and fining jurors now of force, or hereafter enacted, regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except when inconsistent with the provisions of this Act. In cases where issues are to be tried by a jury, the party shall be entitled to a full panel of twenty-four from which to strike in civil cases; each party shall be entitled to six

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peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory challenges and the State five, and all laws and rules governing the selection of jurors in the Superior Courts shall apply to the City Court of Wrightsville, unless inconsistent with this Act. Juries how empaneled. SEC. 29. Be it further enacted by the authority aforesaid, That all civil cases pending in said Court, in which a jury trial is demanded by either party, and in all criminal cases in which the defendant shall demand a jury as provided by this Act, a trial shall be had in term time, under the provisions of this Act by a jury of twelve as in the Superior Courts. All civil cases in which no jury is demanded, shall be tried in term time, and all criminal cases in which no jury is demanded by the defendant shall be tried by the Court, either in term time or at any time between the regular terms of said Court, and said Court shall be open for the trial of such criminal cases at all times. Jury trials. Trials without jury. SEC. 30. Be it further enacted by the authority aforesaid, That no criminal case shall be settled in said Court, or allowed settled by the Judge or Solicitor, either or both, except in open Court, at a regular quarterly term thereof, then only after an open and full investigation of all the facts, conditions and circumstances, which investigation shall be made by the Judge and Solicitor in such open Court in the presence of the defendant and the prosecutor and all their material witnesses, that no settlement shall then be allowed by the Judge or Solicitor except by the consent of the prosecutor, which consent shall be entered in writing on the indictment or accusation signed by the prosecutor and entered on the minutes of the Court. Settlement of criminal cases.

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SEC. 31. Be it further enacted by the authority aforesaid, That it shall be unlawful for the Judge, Solicitor, Clerk, Deputy Clerk, Sheriff, Deputy Sheriff, Bailiff or other officers of said Court to suggest, aid, counsel, encourage directly or indirectly the prosecution of any party or parties, or the settlement of any case or cases after same has been instituted in said Court, that any Judge or Solicitor violating the provisions of this Section, said fact shall at once be made known to the Governor, who shall immediately declare the office of said Judge or Solicitor so violating and so reported vacant, and shall immediately appoint a Judge or Solicitor to succeed such Judge or Solicitor so violating this Section; provided, further, that should any officer above named violate the terms of this Section, such officer or officers so violating shall be guilty of a misdemeanor, and shall be punished as provided in Section 1065 of Penal Code of 1911. Judge and officers prohibited aiding prosecutions and settlement thereof. Punishment for violation of this section. SEC. 32. Be it further enacted by the authority aforesaid, That the Judge of the City Court of Wrightsville shall have power to grant new trials in all cases, civil and criminal, tried by the jury in said Court, or tried by the Judge on issues of fact in said Court, upon the same terms and conditions, and under the same laws and regulations in every respect, governing the granting of new trials in the Superior Courts, and all rules of pleading, practice and procedure governing motions for new trials, and carrying cases to Supreme Court or Court of Appeals by bill of exceptions from the Superior Courts shall apply to and govern the same in said City Court of Wrightsville. New trials. SEC. 33. Be it further enacted by the authority aforesaid, That a writ of erro direct from the City Court of Wrightsville to the Supreme Court or the Court of Appeals

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of this State shall lie upon the bill of exceptions under the same rules and regulations as govern and control the certifying, serving, filing and transmitting bills of exceptions in and from the Superior Courts of this State to the Supreme Court or Court of Appeals of this State. Writs of error. SEC. 34. Be it further enacted by the authority aforesaid, That whenever the Judge of said Court is, from any cause disqualified from presiding in any case, and the Judge of the Superior Court, on account of absence or any other cause, shall fail to preside in said Court as provided in the Constitution and laws of this State, then upon the written consent of the parties, or upon their failure or refusal to agree, said case may be tried by a Judge pro hac vice, selected in the same manner, as now provided for in the Superior Courts of this State. Cases in which Judge is disqualified. SEC. 35. Be it further enacted by the authority aforesaid, That at or within ten days after each regular quarterly term of said City Court, and oftener, if he shall deem it proper to do so, the Judge of said Court shall distribute the fines and forfeitures arising from cases tried and disposed of in said Court, as follows: Fines and forfeitures arising from cases originating in this Court shall be prorated between the Solicitor, Clerk and Sheriff of said Court, the Justices of the Peace and Constables on their bills for insolvent costs; fines and forfeitures, arising from cases transferred from the Superior Court to said City Court shall be prorated among the Solicitor, Sheriff, and Clerk of the City Court and the Solicitor, Clerk, and Sheriff of the Superior Court, and the Justices of the Peace and Constables upon their bills for insolvent costs in transferred cases. If at any time there should be a surplus of the insolvent funds arising from cases originating in said

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City Court, after paying all insolvent costs on cases, originating in the City Court, the same shall be applied to insolvent costs in cases originating in the City Court. The Judge of the City Court, before paying insolvent bills, shall approve the same and have them entered on the minutes of said Court, and such bills for insolvent costs shall be a lien on funds arising from fines and forfeitures in said Court, superior to all other liens. Fines and forfeitures. SEC. 36. Be it further enacted by the authority aforesaid, That any defendant or defendants who are tried, convicted and sentenced in said Court, and where the chaingang sentence imposed by the Court is relieved upon the payment of a fine, it shall be the duty of the Sheriff to furnish the Judge an itemized bill of all cost accrued, including cost of Justice of the Peace, Constable, all jail fees, turnkey, per diem, and all other legally accrued costs of the Solicitor, Clerk and Sheriff, which said costs shall be entered and included as the costs of said case, and shall all be paid by the defendant, who upon conviction pay a fine in said Court. That it shall be the duty of the Sheriff and Clerk of said Court, where any money has been paid them by the Ordinary or other party in such cases, when said fine and said cost has been so paid to pay back to into the County Treasury any cost so paid them prior to such conviction and payment of such fine and costs, this to include money that may have been paid for arrest, turnkey, per diem and such other costs and expense as the law may require the county authorities to pay Sheriffs and Clerks for the keeping and maintenance of any prisoner before his final trial, conviction and payment of such fine and costs. That upon failure of the Clerk and Sheriff of said City Court to comply with provisions of this Section he or they as the case may be shall be liable to the county

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authorities for such amount so paid to them and not by them paid back into the County Treasury of said county, and it shall be the duty of the Judge of said Court to hold back in the settlement with such officers a sufficient amount of any funds arising from fines and forfeitures that may due such Clerk or Sheriff so violating, and pay said amount himself not paid back by said Clerk or Sheriff into the County Treasury, besides said Clerk shall be liable to said county on their official bond for any amount so collected and not paid back into the Treasury of said county. Fines and costs, disposition of. SEC. 37. Be it further enacted by authority aforesaid, That upon conviction and payment of a fine in said City Court the cost paid or included in said fine shall include all Justice Court costs where the case originated in Justice Court, and it shall be the duty of the officers of said City Court to collect said Justice Court costs and pay same over to the Justice of the Peace and Constable to whom due, but it shall be incumbent on the Justice of the Peace in whose Court such case originated to file with the Clerk of said Court an itemized statement of all Justice Court cost, before the conviction of such defendant or defendants. Justice Court costs. SEC. 38. Be it further enacted, That it shall be the duty of the person or persons who have charge of the county affairs of Johnson County to provide any and all necessary books, dockets, minutes and records of said City Court, and all other books, blanks and stationery necessary to operate and run said Court. Supplies. SEC. 39. Be it further enacted by the authority aforesaid, That, except as herein provided, all rules of practice, pleading and general conduct of said Court payment of incidental expenses, witnesses, jurors, officers, Clerks and

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Sheriffs shall be governed by the same law that govern Superior Court. Rules of practice, etc. SEC. 41. Be it further enacted by the authority aforesaid, That the person or persons having charge of the county affairs of Johnson County, shall once every three months publish in the official gazette of said county a full, complete itemized statement of the amount of money paid out of the County Treasury for the operation of said Court, said statement shall state the amounts, to whom paid and for what purpose paid. The cost of publishing this statement shall be paid out of the County Treasury by the person or persons having charge of the county affairs of Johnson County. Expense of Court, statement every three months. SEC. 42. Be it further enacted by the authority aforesaid, That, if at any time there should be and remain in the hands of the officers of said Court any money arising from fines and forfeitures, after having paid any and all insolvent bills of said City Court, it shall be the duty of the Judge of said Court to deposit such surplus funds with the County School Superintendent, by him to be used as other money that come into his hands for public school purposes. Surplus funds. SEC. 43. Be it further enacted by the authority aforesaid, That immediately upon the passage of this Act the Governor shall appoint a Judge and Solicitor of and for said City Court of Wrightsville who are qualified as hereinbefore provided, who shall discharge the duties of Judge and Solicitor of the City Court of Wrightsville until the first day of January, 1913, or until the qualification of the Judge and Solicitor that shall be elected for said Court at the election held for that purpose, which election shall

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be held at the same time and places, in the same manner as elections for members of the General Assembly, the same law, rules and regulations, shall govern said election as those for members of the General Assembly, which election shall be held under same law, rules and regulations, same time and places and by same managers as elections for members of General Assembly; that the person receiving a majority of the votes cast at said election for said Judge and Solicitor of said City Court shall be Judge and Solicitor of said City Court; that any persons qualified to vote for members of the General Assembly shall be entitled to vote at said election for Judge and Solicitor; that said election shall be held at same time and places in Johnson County as are held the general election for members of the General Assembly in the year 1912; that the counting of said votes, the return, consolidations, and the declaring of the result of said election shall be done under same law, rules and regulations, and by the same managers as govern election of members of the General Assembly; that the persons receiving a majority of the votes for Judge and Solicitor at said election, shall be the Judge and Solicitor of said City Court and shall qualify and assume the duties of Judge and Solicitor of said City Court on the first day of January, 1913, and continue to discharge such duties until their successors are elected and qualified as hereinbefore provided; that it shall be the duty of the Ordinary of Johnson County to order an election for said Judge and Solicitor, same to be held at same time and places by same election managers that hold election for members of the General Assembly at the general election for members of General Assembly in year 1912; that a primary election for Judge and Solicitor of said Court shall be held on the 21st day of August, 1912, which shall be held, at same time and places as the primary election for nominating members

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of General Assembly, by same managers, the vote, shall be counted, consolidated and returned, the result declared by the same managers that hold said primary for members of General Assembly, the persons receiving majority of the votes cast shall be the nominees for Judge and Solicitor of said Court, and no other names for Judge and Solicitor shall be placed on the ticket at the regular election to be held for Judge and Solicitor of said Court at same time and places as election for members of General Assembly in 1912. Appointment of Judge and Sollector. Election of Judge and Solicitor. SEC. 44. Be it further enacted by the authority aforesaid, That the Judge of said Court shall hold his office for four years from the first day of January, 1913, and until his successor is elected and qualified, and such Judge shall not be eligible to succeed himself until after the lapse of one full term of four years. Judge's term of office. SEC. 45. Be it further enacted, That the term of office of the Solicitor shall be two years from the first day of January, 1913, and until his successor is elected and qualified, such Solicitor shall not succeed himself until the expiration of one full term of two years. Solicitor's term of office. SEC. 46. Be it further enacted by the authority aforesaid, That judgments shall be rendered at the first term of said Court, where there is personal service, and where no issuable defense is filed under oath by defendant. Judgments at first term, when. SEC. 47. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 19, 1912.

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TITLE II. MISCELLANEOUS. ACTS. Bibb County, Commissioners of, Authorized to Levy Tax. Burke County, Board of Commissioners, Act Creating Amended. Burke County, Board of Commissioners, Act Creating Amended. Camden County, Board of Commissioners, Act Creating Amended. Coffee County, Office of Commissioner of Roads and Revenues, abolished. Coffee County, Board of Commissioners, Created. Colquitt County, Board of Commissioners, Act Creating Amended. DeKalb County, Election to Create Board of Commissioners. Dodge County, Board of Commissioners Abolished. Dodge County, Commissioner, Office of, Created. Early County, Board of Commissioners, Compensation of. Emanuel County, Board of Commissioners, Act Creating Amended. Floyd County, Board of Commissioners, Act Creating Amended. Forsyth County, Board of Commissioners Created. Fulton County, Board of Commissioners, Act Creating Amended. Glascock County, Board of Commissioners Abolished. Glascock County, Commissioner, Office, of Created. Glynn County, Commissioners Authorized to Obtain Bridge Rights. Greene County, Commissioner of Office of, Act Creating Amended. Gwinnett County; Road Commissioner, Act Creating Repealed. Gwinnett County, Board of Commissioners, Act Creating Repealed. Gwinnett County, Board of Commissioners, Election to Abolish Amended. Henry County, Commissioner, Office of, Created. Jackson County, Board of Commissioners, Chairman's Salary. Jenkins County, Board of Commissioners, Act Creating Amended. Macon County, Board of Commissioners, Act Creating Amended. Marion County, Board of Commissioners, Act Creating Amended. Miller County, Board of Commissioners, Act Creating Amended. Mitchell County, Board of Commissioners, Act Creating Amended. Mitchell County, Board of Commissioners, Act Creating Amended. Monroe County, Board of Commissioners, Act Creating Amended. Montgomery, County, Board of Commissioners, Act Creating Amended. Pierce County, Board of Commissioners Created. Pike County, Board of Commissioners, Act Creating Amended. Pulaski County, Commissioner, Office of, Act Creating Amended. Richmond County, Act Establishing Reformatory Amended. Screven County, Commissioner, Office of, Created. Stephens County, Roads in Incorporated Towns, How Worked. Taliferro County, Board of Commissioners, Act Creating Amended. Tattnall County, Board of Commissioners, Act Creating Amended. Terrell County, Board of Commissioners, Act Creating Amended. Toombs County, Board of Commissioners, Created. Ware County, Board of Commissioners, Act Creating Repealed. Ware County, Board of Commissioners, Created. Warren County, Board of Commissioners, Act Creating Amended. Washington County, Board of Commissioners, Act Creating Amended. White, Union, and Habersham Counties, Right to Kill Squirrels In. Wilkes County, Commissioners, Office of, Act of 1911 Repealed. Wilkes County, Election for a Board of Commissioners, or Sole Commissioner. Wilkes County, Commissioner and Board of Directors, Created. Wilkinson County, Board of Commissioners, Act Creating Amended.

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BIBB COUNTY, COMMISSIONERS OF, AUTHORIZED TO LEVY TAX. No. 330. An Act to authorize and direct the County Board of Commissioners for Bibb County to levy a tax for the purpose of erecting a high school building for the use of the Board of Public Education and Orphanage for Bibb County. SECTION 1. The General Assembly of the State of Georgia do hereby enact, That the County Board of Commissioners for Bibb County be, and they are hereby authorized and directed to assess and levy a tax on the taxable property of said County, for the years 1912, 1913 and 1914, amounting to the sum of thirty-three thousand, three hundred and thirty-three and 33/100 ($33,333.33) dollars, for each of said years, so as to aggregate the sum of one hundred ($100,000.00) thousand dollars; the said tax, when so levied and collected each year, shall be by said Board of Commissioners, paid over to the Board of Public Education and Orphanage of Bibb County, to be by such Board expended in the erection of a high school building for the use of said Board of Public Education and Orphanage of Bibb County. Bibb County tax for education and orphanage. SEC. 2. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved July 29, 1912.

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BURKE COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 499. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Burke, to be elected by the qualified voters of said county, to define the duties of said Commissioners, and for other purposes, approved August 21, 1911, by adding to Section 2 of said Act the following words, to-wit: Except that the five Commissioners now in office shall continue to hold their offices until the 10th day of January, 1914, and the terms of the new Board of Commissioners which shall be elected on the first Wednesday in October, 1912, shall begin their terms of office on the 10th day of January, 1914, and shall serve for a term of three years from said date. Also to amend said Act by striking out the figures 1913 where they occur in Section 19 of said Act, and inserting in lieu thereof the figures 1914, 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 2 of an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Burke, to be elected by the qualified voters of said county, to define the duties of said Commissioners, and for other purposes, approved August 21, 1911, be and the same is hereby amended by adding to Section 2 of said Act the following words, to-wit: Except that the five Commissioners now in office shall continue to hold their offices

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until the 10th day of January, 1914, and the terms of the new Board of Commissioners which shall be elected on the first Wednesday in October, 1912, shall begin their terms of office on the 10th day of January, 1914, and shall serve for a term of three years from that date, to-wit, from the 10th day of January, 1914, to the 10th day January, 1917, and said Section 2 of said Act when thus amended, shall read as follows: Commissioners of Burke County, terms of office. Section 2. Be it further enacted by the authority aforesaid, That the five Commissioners thus elected shall be commissioned by the Governor of said State, and shall qualify and take the oath of office before the Ordinary of said County of Burke, and that the term of office of said Board of Commissioners of Roads and Revenues shall be four years and begin at the expiration of the present term of office of the present Board of Commissioners of Roads and Revenues of said county; except that the five Commissioners now in office shall continue to hold their offices until the 10th of January, 1914, and the terms of the new Boards of Commissioners which shall be elected on the first Wednesday in October, 1912, shall begin their terms of office on the 10th day of January, 1914, and shall serve for a term of three years from that date, to-wit: From the 10th day of January, 1914, to the 10th day of January, 1917. SEC. 2. Be it further enacted by authority aforesaid, That Section 19 of said Act approved August 21, 1911, be, and the same is, hereby amended by striking out the figures 1913 where they occur in said Section 19 of said Act and inserting in lieu thereof the figures 1914, so that said Section 19 of said Act, when thus amended, shall read as follows: Section 19. Be it further enacted by the authority aforesaid, That this Act shall take effect on the 11th day

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of January, 1914, at which time the term of office of the present Board of Commissioners of Roads and Revenues of said County of Burke, expires, and that the Act entitled `An Act to establish a Board of Commissioners of Roads and Revenues for the County of Burke and to define their powers, approved February 22, 1873,' and the Acts amendatory thereof, shall be, and the same are, hereby repealed, after the said 11th day of January, 1914. This law, when effective. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. BURKE COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 404. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Burke, to be elected by the qualified voters of said County, to define the duties of said Commissioners, and for other purposes, approved August 21, 1911, by adding to Section 2 of said Act the following words, to-wit: Except that the five Commissioners now in office shall continue to hold their offices until the 10th day of January, 1914, and the terms of the new Board of Commissioners which shall be elected on the first Wednesday in October, 1912, shall begin their terms of office on the 10th day of January, 1914, and shall serve for a term of

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three years from said date. Also to amend said Act by striking out the figures 1913 where they occur in Section 19 of said Act, and inserting in lieu thereof the figures 1914, 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 Section 2 of an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Burke, to be elected by the qualified voters of said County, to define the duties of said Commissioners, and for other purposes, approved August 21, 1911, be, and the same is, hereby amended by adding to Section 2 of said Act the following words, to-wit: Except that the five Commissioners now in office shall continue to hold their offices until the 10th day of January, 1914, and the terms of the new Board of Commissioners, which shall be elected on the first Wednesday in October, 1912, shall begin their terms of office on the 10th day of January, 1914, and shall serve for a term of three years from that date, to-wit, from the 10th day of January, 1914, to the 10th day of January, 1917, and said Section 2 of said Act, when thus amended, shall read as follows: Commissioners of Burke County, terms of office. SEC. 2. Be it further enacted by the authority aforesaid, That the five Commissioners thus elected shall be commissioned by the Governor of said State, and shall qualify and take the oath of office before the Ordinary of said County of Burke, and that the term of office of said Board of Commissioners of Roads and Revenues shall be four years and begin at the expiration of the present term of office of the present Board of Commissioners of Roads and Revenues of said County; except that the five

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Commissioners now in office shall continue to hold their offices until the 10th of January, 1914, and the terms of the new Boards of Commissioners which shall be elected on the first Wednesday in October, 1912, shall begin their terms of office on the 10th day of January, 1914, and shall serve for a term of three years from that date, to-wit: From the 10th day of January, 1914, to the 10th of January, 1917. SEC. 2. Be it further enacted by authority aforesaid, That Section 19 of said Act approved August 21, 1911, be, and the same is, hereby amended by striking out the figures 1913 where they occur in said Section 19 of said Act, and inserting in lieu thereof the figures 1914, so that said Section 19 of said Act, when thus amended, shall read as follows: Section 19. Be it further enacted by the authority aforesaid, That this Act shall take effect on the 11th day of January, 1914, at which time the term of office of the present Board of Commissioners of Roads and Revenues of said County of Burke, expires, and that the Act entitled `An Act to establish a Board of Commissioners of Roads and Revenues for the County of Burke, and to define their powers, approved February 22, 1873,' and the Acts amendatory thereof, shall be, and the same are, hereby repealed, after the said 11th day of January, 1914. This law, when effective. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. NOTE.The foregoing Act, No. 404, is an exact copy of the preceding Act, No. 499. Both were regularly passed and approved, and are of file in the office of the Secretary of State.

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CAMDEN COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 413. An Act to amend an Act approved February 17, 1877, relating to the appointment, etc., of the Board of Commissioners of Roads and Revenues of the County of Camden, so as to provide for the election of said Commissioners by the qualified voters of said County of Camden, to fix their terms of office, to fill vacancies, 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 on and after the passage of this Act, the above recited Act be amended by striking all of the first Section thereof, after the word successors in the seventeenth line, as appears in the printed Acts of 1877, pages 250 and 251, and inserting instead thereof, the following: Commissioners of Camden County; Said Commissioners shall be elected by the qualified voters of said county, in the same manner as other county officers of said county, at the general election held next preceding the expiration of terms of office of the Commissioners, now in commission, and those hereafter elected under the provisions of Section 2 of this Act. election and terms of office. Said Commissioners so elected shall hold their respective offices for the term of two years from January 1st, after their election, and until their successors are elected and qualified. They shall be commissioned by the Governor, as other county officers, and at the time of receiving their commission,

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shall take and subscribe before the Ordinary an Oath, faithfully to discharge the duties prescribed by this Act. All vacancies occurring upon said Board shall be filled by a majority vote of all the remaining Commissioners, for the unexpired term, at the next regular meeting of said Board after said vacancy occurs. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1912. COFFEE COUNTY, OFFICE OF COMMISSIONER OF ROADS AND REVENUES ABOLISHED. No. 317. An Act to repeal an Act creating the office of Commissioner of Roads and Revenues, in and for Coffee County, to provide the methods of election of such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in cases of a vacancy in the office, and for other purposes, approved August 9, 1909, Acts 1909, pages 382 to 385, inclusive. 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, in and for Coffee County, provide the methods of election of such

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officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in case of a vacancy in the office, and for other purposes, approved August 9, 1909, Acts 1909, pages 382 to 385, both inclusive, be, and the same is, hereby repealed. Commissioner of Coffee County, office of abolished. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall not become operative until the first day of January, in the year One Thousand, Nine Hundred and Thirteen. 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 23, 1912. COFFEE COUNTY, BOARD OF COMMISSIONERS CREATED. No. 344. An Act creating a Board of Commissioners of Roads and Revenues in and for Coffee County, Georgia; to provide for the appointment and qualification of the Commissioners who constitute said Board, and to prescribe their duties, fix their qualification, provide for filling vacancies, to provide for a clerk and an attorney, to fix their compensation; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a Board of Commissioners of

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Roads and Revenues in and for Coffee County, Georgia, to consist of a Chairman and eight other members to be known as an Advisory Board to the Chairman, is hereby created. The Chairman shall be selected from the county at large, and the eight other members constituting the Advisory Board shall be selected, one member each from each of the eight militia districts of said county. The members constituting the Board of Commissioners shall be appointed by the Judge of the Superior Court of the county upon the recommendation of the Grand Jury. The Grand Jury sitting at the fall term of the Superior Court of Coffee County for the year 1912 shall select from the county at large one upright, intelligent, honorable, competent and practical business man, whom they shall recommend for appointment to the Judge of the Superior Court for the office of Chairman of said Board of Commissioners, and at the same term of Court the Grand Jury shall select eight other members, one member from each of the eight militia districts of said county, who shall likewise be upright, intelligent, honorable, competent and practical business men, whom they shall recommend to the Judge of the Superior Court for appointment as members constituting the Advisory Board to said Chairman, and the Judge of the Superior Court at said term of Court shall appoint the same as such Chairman, and as members of the Advisory Board of Commissioners to said Chairman, except in case the man so recommended for appointment as Chairman of said Commissioners, in the discretion of the Judge of the Superior Court, is not a suitable person to hold and fulfill the office of Chairman of said Board of Commissioners, then and in that event, the Judge of the Superior Court of said county shall have authority to ignore the recommendation of the Grand Jury as to such Chairman, and appoint some other person from said county at large in his stead, keeping in

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view at all times the best interest of the affairs of Coffee County. The order of the Judge of the Superior Court appointing such Commissioners shall be entered on the minutes of the Superior Court, and a certified copy thereof shall be transmitted by the Clerk of the Superior Court to the office of Commissioner of Roads and Revenues in and for said county, and as soon as said Board is organized said order aforesaid shall also be entered upon the minutes in the office of said Board of Commissioners. Board of Commissioners for Coffee County created. Election of chairman and members. The Board of Commissioners thus recommended and appointed shall hold their offices for a term of two years from the first day of January, 1913, and until their successsors are chosen and qualified; that said Commissioners shall enter upon their duties on the first day of January, 1913, and their successors shall be chosen in like manner at and during the fall term of the Superior Court of said county next preceding the expiration of said term of office, and in like manner, just preceding the expiration of the terms of office of said Board in the future. Terms of office. SEC. 2. Persons eligible to hold any other county office will be eligible to hold office on said Board of Commissioners, provided they are upright, intelligent, honorable, competent and practical business men. Qualifications of members. Should a vacancy, or vacancies, occur on said Board before the regular term expires, either of the Chairman, or any members of the Advisory Board, then and in that event, said Board of Commissioners, regularly in session, shall fill said Board by the election of a Chairman, or members thereof, such Chairman to be selected from the county at large, and such other members selected from the district, or districts, in which such a vacancy, or vacancies, occurred, and such members so elected by said Board shall qualify as

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provided in this Act, and shall serve as such until the next term of the Superior Court of said county, at which time the Clerk of said Board of Commissioners shall certify to such Judge the facts, and the Judge thereupon shall fill such vacancies as hereinabove provided in this Act. Vacancies. Be it further enacted by the authority aforesaid, That the Chairman of said Board of Commissioners herein provided shall have authority to transact, as such Chairman, all business pertaining to the county, and all duties over which said Board has jurisdiction, and the eight other members selected from the respective militia districts shall be, and are hereby constituted an Advisory Board to the Chairman of said Commissioners, and as such, shall aid the Chairman in any way necessary to cooperate with him in every way possible for the speedy and proper conduct of the affairs of the County of Coffee, and before entering upon the discharge of their duties, said Chairman and each member of said Board shall take and subscribe to before some officer legally authorized to administer oaths, an oath to faithfully and to the best of his knowledge and ability discharge all the duties of said office, and the Chairman of said Board of Commissioners shall also give a solvent bond to be approved by the Ordinary of said county, payable to the Governor of said State, and his successors in office, in the sum of ten thousand dollars ($10,000.00), conditioned for the faithful performance of his duties as such officer. Powers and duties of chairman and members. Official oath. Bond of chairman. SEC. 3. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have exclusive jurisdiction over all county matters, and shall be invested with all the powers and duties as to the revenues of Coffee County, in levying and collecting taxes and other revenues of the county, and in disposing of said taxes and

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nevenues, which have heretofore been exercised by the Commissioner of Roads and Revenues in and for said county. Said Board of Commissioners shall have the exclusive jurisdiction and control over all county property and all roads and bridges in said county, and shall be charged with the duty of maintaining and keeping the same in proper condition and shall be vested with all the powers and charged with all the duties required by county authorities as proscribed by law in reference thereto. Said Board of Commissioners shall have exclusive jurisdiction over all subject matter enumerated in Section 4796 and Section 4797 of the Code of Georgia, of 1910, and shall be vested with all other powers and duties conferred by the laws of this State upon Ordinaries when sitting for county purposes, and such as is conferred generally upon county authorities. Jurisdiction and powers of Board. SEC. 4. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall have its office at the court house in said county, at Douglas, Georgia. Office of Board. SEC. 5. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall hold a regular court for the transaction of the public business of the county connected with the county matters, in the court house, in Douglas, Georgia, in said county, on the first Monday in each month, and at such other times as the Chairman, or acting Chairman, may fix and determine by proper order passed and entered upon the minutes of said Court of Commissioners. Commissioners' Court. Said Board of Commissioners shall keep, or cause to be kept, accurate minutes of all county matters transacted by said Board, and shall keep proper and correct books of accounts of all public moneys received and expended under

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the direction of said Board, showing the sources from which said moneys are received, and for what purposes expended. Such books shall be at all times subject to inspection by any citizens as other public books and records. Said Board of Commissioners shall have the power to administer oaths and 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 conferred by law upon other Courts. Books and records of Board. All certificates for the payment of all moneys connected with the county affairs shall be issued by the Clerk of said Board of Commissioners, and shall be countersigned by the Chairman, or acting Chairman, of said Board of Commissioners, which certificate, when so signed up, shall be a sufficient voucher for the County Treasurer, who is authorized and required to pay all legal demands made to him in this manner. Disbursements of Board. SEC. 6. Be it further enacted by the authority aforesaid, That said Board of Commissioners is hereby authorized to employ and retain a competent attorney at law, who shall be a resident of said county, to advise said Board concerning all such county matters which may come up pertaining to the duties of said Board, and to represent said Board of Commissioners as attorney generally, and said Board of Commissioners are authorized to pay such attorney for his services such amount as said Board and said attorney may agree upon, which compensation shall be paid out of the county treasury monthly, at the end of each month. Attorney for Board. SEC. 7. Be it further enacted by the authority aforesaid, That the Chairman of said Board of Commissioners

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shall be required to devote his entire time to the business of said county and office, and shall keep his office at the court house in said county, and that said Chairman shall receive as compensation for his services such salary as may be fixed by said full Board in session, or a majority thereof, at a regular meeting, the same to be paid monthly at the end of each month's services out of the county treasury of said county. And the other members of said Board constituting the Advisory Board to said Chairman, shall each receive, when attending upon the duties of the county which require their attendance at the county site, the sum of three dollars per diem, and when said members are discharging duties pertaining to their office in their districts from which such Commissioners have been chosen, then, and in that event, they shall receive for their services the sum of two dollars per diem, and in each instance, such Commissioners shall be paid at the end of each month, upon regular vouchers issued, to be paid out of the county treasury. Duties and compensation of chairman and commissioners. SEC. 8. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall be required to appoint a competent, intelligent and upright person, who shall have experience as a bookkeeper, as Clerk of said Board of Commissioners, whose duty it shall be to keep the minutes, the books, to issue the vouchers and to discharge all other duties required of Clerks of Courts of record as fixed by law, and said Clerk shall receive as his compensation such salary as may be fixed by said Board of Commissioners regularly assembled on a regular, or special meeting day, which salary shall be paid monthly at the end of each month out of the county treasury of said county. Clerk of Board. SEC. 9. At the first meeting of said Board of Commissioners, it shall be the duty of said Board, in organizing,

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to elect a Clerk and an Attorney, and shall also elect from the members of the Advisory Board, a Chairman pro tem., and in all cases of disqualification of such Chairman to act, or from his absence from office on account of illness, business or other purposes, or in cases of temporary vacancies in the office of Chairman, the Chairman, pro tem. of said Board shall perform all the duties of said Chairman. Election of Clerk, attorney and chairman pro tem. SEC. 10. Be it further enacted by the authority aforesaid, That the Chairman, or acting Chairman, of said Board of Commissioners shall have authority to pass on and to determine all matters connected with the office while sitting as a Court, and during term time may set any matters to be heard and determined at future dates, but when parties at interest so desire, they can, by filing with said Board a written request, have the full Board of Commissioners to hear and determine such matters as may be at issue before said Board. Commissioners' Court. SEC. 11. Be it further enacted by the authority aforesaid, That each member of said Board constituting the Advisory Board to said Chairman, as herein provided, shall be required to look after the interest of the county in his respective militia district, and shall look after the collection of the road tax, the roads and such other matters as may come up in his district, but in all instances, the Chairman of said Board of Commissioners shall have absolute control of the county chain-gang, shall direct the work thereof, unless by a two-thirds vote of said Advisory Board said Chairman's decision shall be overruled, and then, in that event, the majority vote shall control. Commissioners of districts. Chain-gang. SEC. 12. Be it further enacted by the authority aforesaid, That the Chairman of said Board of Commissioners

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shall have authority to purchase all necessaries for the county, except in the matters of contracting for bridges, court houses, jails and such other public works as require different action, and said Chairman shall have authority to audit and pay out the money for the necessary expenses of running said county, including chain-gang, the Courts, etc. Expenses, how incurred. In cases of levying taxes or of letting contracts for bridges, public buildings, or other similar things, the action of the full Board, or majority thereof, shall be necessary to the legality of such action. SEC. 13. Be it further enacted, That said Board of Commissioners, through its Chairman, shall have control over such county officers as is given by law, and especially shall have authority to call the Tax Collector and Treasurer to settlement and accounting, and shall have all necessary jurisdiction over the Tax Receiver of said county, and have the books, accounts, and the actings and doings of any county officer, audited, and shall have authority to contract with competent auditors to do such auditing, and to pay for the same. Supervision of county officers. SEC. 14. Be it further enacted by authority aforesaid, That said Board of Commissioners shall submit to the respective Grand Juries, or committees therefrom, at each term of the Superior Court of said county, all the records and books of said office, showing the receipts and expenditures of the county's revenues. Reports to Grand Juries. SEC. 15. Be it further enacted by the authority aforesaid, That all laws and parts of the law in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1912.

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COLQUITT COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 587. An Act to amend an Act of the General Assembly, which was approved August 21, 1911, entitled An Act to provide for a Board of County Commissioners for Colquitt County, in lieu of the present Board of County Commissioners; to prescribe their duties, powers, salaries, obligations, methods of election and other incidents to their office; to make regulations in reference thereto, and for other purposes, so as to provide a bond to be given by the Chairman of the Board, to provide his duties and obligations, and to provide for the election of successors to the Board of County Commissioners, to provide for the distribution of the commutation tax in the various districts, and to provide the duties of the Clerk of said Board, his compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that all of Section 2 of said Act above quoted, following the word qualified in the sixth line of said Section, on page 400 of Acts of the General Assembly of 1911, be repealed, and the following substituted in lieu thereof: That from and after the election of 1912 only residents of the district in which vacancies occur shall be eligible to the office of County Commissioner to fill said vacancy, it being the intention of this Act that there shall be one Commissioner at all times resident in each of the five districts in said county, and that in all subsequent primary elections,

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only the district in which vacancy occurs shall participate in nomination of the member of the Board to fill the vacancy occurring in that particular district; that is to say, whenever a vacancy occurs in any district by the removal from the district of a member or by death, resignation, or otherwise, that the district in which the vacancy occurs shall nominate the succeeding member of the Board and the person so nominated shall be voted on at the general election in the entire county, and each Commissioner, before entering upon the duties of his office, shall give a bond with good security to be approved by the Clerk of the Superior Court, and payable to the County of Colquitt, in the sum of one thousand dollars, conditioned that he shall faithfully discharge the duties of his office and will account to said county well and truly for all funds which come within the jurisdiction of the county Board of Commissioners, or which may pass through their hands or may be handled in any wise by said Board, or which may be spent under direction of said Board; and said Commissioners shall be commissioned by the Governor upon giving bond and taking the usual oath. Commissioners of Colquitt County. Vacancies in Board, how filled. Bonds of Commissioners. SEC. 2. Be it further enacted by authority aforesaid, That Section three of said Act be repealed and the following substituted in lieu thereof: In the event of a vacancy occurring on said Board by death, resignation, or otherwise, or by the removal of the Commissioner from the district which he was elected to represent, the Democratic Executive Committee of the county shall call a primary election, or a special election within ten days after it is brought to their attention that there is a vacancy in said district, and there shall be an election at the usual place of holding elections in said district,

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which shall be advertised in said district for fifteen days, and the notice of said election be published twice during said fifteen days in the official Gazette of said county. Elections to fill vacancies. And when the result of said election is ascertained, it shall be certified to the Board of Commissioners of said county, who shall appoint the person elected in said district to fill the unexpired term of the person so vacating said office. The election aforesaid shall be conducted under the general primary election law of the State and subject to all the rules and regulations thereof, and the new member shall qualify as provided out in Section of this Act. SEC. 3. Be it further enacted, That Section four of said Act be repealed, in its entirety, and the following substituted in lieu thereof: That said Board shall select one of their number as Chairman and the Chairman so selected shall be the chief executive officer of said Board, and before entering upon the discharge of his duties, he shall give bond in the sum of twenty thousand dollars, with good security; said bond to be approved by the other four members of the Board of County Commissioners and by the Clerk of said Superior Court of said county, and to be filed in the office of the Clerk of the Superior Court, conditioned that he will faithfully perform all the duties incumbent upon him as Chairman and by virtue of his office, and will faithfully account for all moneys coming into his hands, and passing under his control or expended by virtue of his direction. Said Chairman shall have entire charge of the road working gangs of said county, and shall be superintendent of road work, and all work upon the roads shall be executed under and

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by virtue of his directions, in the place and stead of a superintendent of road work, and he shall be the purchasing agent for said county, but all purchases made by him shall be subject to ratification by the majority of the Board, and when any purchases of property other than supplies for the stock and hands and convicts are to be made, prior to the making said purchases, the said Chairman shall bring to the attention of the Board the necessity for making purchases, and bids shall be submitted to the regular Board at its regular meeting or at a special meeting called by the Chairman for the purpose of considering the purchase of needed property, either live stock or road working implements, or any other property of any character, unless the purchase price thereof be less than the sum of $100.00; but all purchases of property of less than $100.00 of whatsoever character may be made by the Chairman of the Board, and said purchase reported at the next regular meeting of said Board, and he shall be charged with the duty of seeing that all money expended by the Board is properly and lawfully expended, and in accordance with the purpose to which it was devoted or ordered expended by the Board, and all county warrants or orders for the payment of money shall be signed by the Chairman, and he shall give his entire time to the handling of county matters and to the superintendence of road work, and shall keep and maintain his office open at all times at the county site, except on Sundays and legal holidays, and to this end, the Clerk of the Board of Commissioners is hereby made also Clerk of the Chairman of the Board of County Commissioners, and shall at all times remain in and keep the office of County Commissioner open at all times, except Sundays and legal holidays. Chairman of Board, selection, powers, duties and bond. Clerk. The office of the Board of County Commissioners is by

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this Act made the office of the Chairman of the Board of County Commissioners. Office. SEC. 4. Be it further enacted, That all of Section five following the word Board in the fourth line of said Section, on page 402 is repealed, and the following substituted in lieu thereof: The Chairman shall receive as compensation for his services the sum of $100.00 per month, payable monthly out of the county treasury, conditioned upon his devoting his entire time to the discharge of his duties, as such Chairman; otherwise such salary as the remaining members of the Board shall agree to pay him. Salary of Chairman. SEC. 5. Be it further enacted by the authority aforesaid, That two new Sections be added and designated as Sections 13 and 14, changing the number of the repealing clause to number 15. SEC. 13. Be it enacted by the authority aforesaid, That the commutation tax in said county shall be collected by the Tax Collector of Colquitt County, in the same manner and at the same time as the regular State and county taxes are collected, and shall be by said Tax Collector paid over to the County Treasurer of Colquitt County, or said tax may in the discretion of the Board of Commissioners be collected by such other persons as the Board may designate, provided that said commutation tax shall be collected annually and the person making the collection shall receive such compensation as is now allowed the tax collector for the collection of other taxes, except that if the collection be made by persons other than the Tax Collector, additional compensation may be paid him, the amount thereof to be fixed by the Board. Commutation tax.

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SEC. 14. Be it further enacted by the authority aforesaid, That in the expenditure and distribution of the commutation tax, the Board of County Commissioners shall expend in each militia district in said county the amount of commutation tax paid by that district; this prorata distribution of the commutation tax shall not effect in any way or apply to the disbursement or distribution of other taxes in said county collected for road purposes, but that all other tax except the commutation tax shall be expended and distributed under the discretion and action of the Board of County Commissioners. Distribution of commutation tax. 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 19, 1912. DEKALB COUNTY, BOARD OF COMMISSIONERS CREATED. No. 630. An Act to create a Board of Commissioners of Roads and Revenues for the County of DeKalb, to provide for the election of members thereof by the Grand Jury of said county; to define their powers and duties; and for other purposes. SECTION 1. The General Assembly of the State of Georgia do enact, That a Board of Commissioners of Roads and Revenues for the County of DeKalb, to consist of five persons,

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is hereby created. Said Commissioners shall be freeholders and qualified voters of said county. Board of Commissioners for DeKalb County created. SEC. 2. That for the purpose of this Act the said county of DeKalb shall be divided into five road districts, to be constituted as follows, to-wit: The first road district shall be composed of the Edgewood, Kirkwood and Decatur Militia Disticts. The second road district shall be composed of the Mill, Pantherville, McWilliams and East Atlanta Militia Districts. The third road district shall be composed of the Phillips, Lithonia and Diamond Militia Districts. The fourth road district shall be composed of the Redan, Evans, Stone Mountain and Clarkston Militia Districts. The fifth district shall be composed of the Brownings, Doraville, Cross Keys and Shallow Ford Militia Districts. Road districts. SEC. 3. The first Commissioners to be chosen under this Act shall be elected by the Grand Jurors of said county chosen and sworn at the December term, 1912, of DeKalb Superior Court. The declaration of the result of the election to be made known and included in the minutes and presentments of said Grand Jury for said term, and are commissioned thereafter by the Grand Jury. After the election of said Board of Commissioners of Roads and Revenues, and the same is so declared, said Board shall meet and organize within ten days after the result of the election has been so declared. Not more than one of said Commissioners shall be elected from one of the road districts herein created, and no Commissioner shall be elected for any road district who is not a freeholder and bona fide citizen of the road district from which he is elected. The term of office of said Commissioners shall be for four years. Election of Commissioners. Term of office.

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SEC. 4. Members of the Board of Commissioners herein created shall receive as their compensation four dollars per day for each day of actual service, said compensation to be paid out of the county treasury by the county treasurer upon certificate of the Chairman and Clerk of said Board. The said Commissioners shall elect a Clerk of said Board, who may be one of their own number, whose duties it shall be to keep a record of the actings and doings of the Board at the court house in said county, and who shall perform such other duties as may be assigned him by said Board. He shall receive such compensation for the performance of his duties as may be fixed by the Board in advance of his election, not to exceed nine hundred dollars per annum; provided, that if a member of said Board be elected Clerk, the compensation fixed as above described shall be the sole compensation, and he shall not receive, in addition thereto, any per diem as a member. The said Commissioners shall at their first meeting elect a Chairman of said Board from their own membership, fix his term and prescribe his duties. Said Commissioners shall give bond in the sum of one thousand dollars each, with sufficient security, to be approved by the Judge of the Superior Court of said county, payable to the Ordinary of said county and his successor in office, and conditioned for the faithful performance of their duties as Commissioners. Before entering upon their duties said Commissioners shall take an oath before the Ordinary for the faithful performance of their duties. Provided, no Commissioner shall receive for his services exceeding $8.00 per month. Compensation. Clerk. Chairman. SEC. 5. Said Commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all the property of the county as they may deem expedient, according to law; in levying taxes

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according to law; in establishing, altering or abolishing roads, bridges, and ferries, according to law; establishing, abolishing or changing election precincts and militia districts; in supervising the Tax Collector's and Tax Receiver's books and allowing the insolvent lists for said county; in settling all claims against the county; examining and auditing all claims or accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county or appropriated for its use and benefit, and bringing them to settlement; in controlling, naming and managing the convicts of said county, according to law, in making rules and regulations for the support of the poor of the county, and for the promotion of health, and electing and appointing all minor officials of said county, where election is not otherwise provided for by law, such as superintendent and guard of convicts, or of chain-gangs, janitor of the court house, superintendent of the pauper farm, county physician and health officer, and other guards as needed and authorized by law; in regulating peddling, and 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 powers as are granted by law or as are indispensable to their jurisdiction over county matters and county finances. Jurisdiction. SEC. 6. Said Board shall have entire control and management of the convicts in said county sentenced to work on the public roads of said county, and shall employ them on the public roads and bridges or works of said county. Control of convicts. SEC. 7. Said Board shall hold at least one session on the first Monday of every month, at the county site and in the court house building, where it shall keep a regular office. At the request of the majority of the Board, the

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Chairman may at any time call an extra session; written notice of such shall be served on each member. No less than three members of said Board shall pass any order on any subject matter, and this shall be shown on the minutes by a recorded yea and nay vote. The Chairman shall vote on all measures before the Board. Sessions of Board. SEC. 8. Any vacancy that may occur in said Board by death, resignation, removal or otherwise, shall be filled by the Grand Jury of said county then in session, at a regular or special term of court or at the next regular term or adjourned term or special term of said Superior Court of DeKalb County. Vacancies. SEC. 9. The members of the Board of Commissioners shall be exempt from jury duty during their terms of office. Jury duty. SEC. 10. At the general election to be held in October in the present year of 1912, the Ordinary shall order and provide for an election for the approval of this Act by the qualified voters of DeKalb County before it shall go into effect. Said election shall be held at the same time and under the same managers and under the same rules and regulations as the election for Governor and State House officials. The Ordinary shall furnish printed tickets to the managers, upon one-half of which shall be printed the words, For five Commissioners of Roads and Revenues, elected by the Grand Jury, and on the other one-half the words, Against five Commissioners of Roads and Revenues, elected by the Grand Jury. At said election separate ballot boxes shall be provided in which said ballots for approval or disapproval of this Act shall be deposited. They shall be counted and returns made thereon in separate envelopes, to the Ordinary, who shall canvass the same and

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declare the result. If a majority of the qualified voters of said county do not vote, For five Commissioners of Roads and Revenues, to be elected by the Grand Jury, as is therein by canvass and official declaration of said Ordinary, then this Act shall not go into effect, but shall be null and void. And no further action thereunder shall be taken. The registration sheet and list made and used for the said October election shall be taken as a test as to who shall be entitled to vote at said election. Election to approve this law. SEC. 11. Said Commissioners shall publish quarterly reports of expenditures and disbursements, and such reports shall not be mere ledger balances, but plain statements of what moneys received and from what sources, and how expended, and expressed so that any man of average experience can understand what they mean and what has been done with the county's money, and the Board at the same time shall publish a full statement of how much money the county owes and to whom. Publication of reports of Commissioners. SEC. 12. Should five Commissioners be determined on and the Commissioners chosen as hereinbefore provided, the present Commissioner shall, upon the organization of said five Commissioners and upon demand made by them, turn over all the books, records and property of the county to the said new Board on the first day of January, 1913, and thereafter said Board of Commissioners of Roads and Revenues of DeKalb County shall hold and exercise all the authority vested by said Act of 1906 in the sole Commissioner. Office of Commissioner abolished. SEC. 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 19, 1912.

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DODGE COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 589. An Act to abolish the Board of County Commissioners of Roads and Revenues of, in and for the County of Dodge, created by an Act of the General Assembly, approved August 6, 1904, and all amendments thereto, and to repeal said Act and all amendments thereto. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the first day of January, 1913, at noon, the Board of County Commissioners of Roads and Revenues, in and for the County of Dodge, created by the Act of the General Assembly, approved August 6 1904, and all amendments thereto, be, and same is hereby abolished, and said Act creating same is hereby repealed. Board of Commissioners for Dodge County abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. DODGE COUNTY, COMMISSIONER, OFFICE OF CREATED. No. 573. An Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, provide the methods of the election of such officer, prescribe his duties and

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powers, fix his salary and term of office, provide for the management of county 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 the office of Commissioner of Roads and Revenues in and for Dodge County, said State, is hereby created. Said Commissioner shall be elected at the regular election to be held for State and county officers on the first Wednesday in October, 1912, and every four years thereafter in the same manner as other county officers are elected; and the said Commissioner so elected at said election shall, after qualification, enter upon the discharge of his duties at noon of the first day of January, 1913, and shall hold said office for the term of four years, and until his successor is elected and qualified. Persons eligible to hold other county offices shall be eligible to hold said office. Should a vacancy occur in said office, the same shall be filled by special election, called and held in the same manner, and be governed by the same rules and regulations and qualifications as to voters as apply to the election of Clerks of the Superior Courts. In the interim the ordinary of said county shall perform all of the duties of said office and assume all of the responsibilities of the said Commissioner, and receive the same compensation, at the same rate of said Commissioner, to be prorated as to the length of time he shall serve. Commissioner for Dodge County, office of created. Election and term of office. Vacancy. SEC. 2. Be it further enacted by the authority aforesaid, That the Commissioner, as herein provided, shall be commissioned by the Governor of said State for the term of office for which he is elected, and before entering upon the discharge of the duties of said office shall subscribe to the oath now required by law of county officers, and shall

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give a solvent bond in a solvent surety or guarantee company, to be approved by the Ordinary of said county, payable to the Governor of said State and his successors in office in the sum of fifty thousand ($50,000.00) dollars, conditioned for the faithful performance of his duties as such Commissioner. Oath and bond of Commissioner. SEC. 3. Be it further enacted by the authority aforesaid, That said Commissioner shall have exclusive jurisdiction over all county matters, and shall be invested with all the powers and duties as to the revenues of Dodge County, levying and collecting taxes, and over revenues of the county, and in disposing of said taxes and revenues which have been heretofore legally exercised by the Board of Commissioners of Roads and Revenues of the County of Dodge. Said Commissioner shall have exclusive jurisdiction and control over all county property, and all roads and bridges in the county, and shall be charged with the duty of maintaining and keeping the same in proper condition, and shall be vested with all the powers and charged with all the duties as required of county authorities as prescribed by law in reference thereto. He shall have exclusive jurisdiction over all subject matters enumerated in Section 4796 of the Civil Code of this State of 1911, and shall be vested with all the powers and duties conferred by the laws of this State upon Ordinaries, when sitting for county purposes, and such as are conferred generally upon county authorities. Jurisdiction. SEC. 4. Be it further enacted by the authority aforesaid, That said Commissioner shall hold a regular Court for the transaction of the public business of the county connected with the county matters in the court house in Eastman, in said County of Dodge, on the first Monday in

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each month, or at such other time as he may fix and determine by proper order passed and entered upon his minutes. He shall keep, or have kept, accurate minutes of all county matters transacted by him, and shall keep, or have kept, proper and correct books of accounts of all public moneys received and expended under his direction, showing sources from which all such moneys are received, and for what purposes expended. Such books shall be at all times subject to inspection by any citizen as other public books and records. He shall publish monthly in a newspaper generally circulated in said county a synopsis of the proceedings of each meeting of the Board, showing plainly the business transacted at each meeting, paying for the same out of the county treasury. He shall at least give five full days of his time in each week on the public roads of said county, looking after their condition, and the condition of the bridges of said county, and whenever repairs are needed thereon, to give directions as to same, in order that said necessary repairs shall be done well and speedily. He shall have power to administer oaths and hear testimony as to all matters over which he has jurisdiction, and when sitting as a Court shall have power to punish for contempt under the same rules and regulations as are provided for other courts. The Ordinary of said county shall each year employ a competent and expert accountant to audit the books and accounts of said Commissioner as well as the other records of said county requiring to be audited, same to be paid by proper order from the county treasury. Commissioner's Court. Books and records. Duties and powers. SEC. 5. Be it further enacted by the authority aforesaid, That the costs for all sums, warrants, and other papers necessary for and to the carrying on of the business of said Commissioner when sitting as a Court, shall be the same

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as are now provided by law regulating costs in justice courts of this State. Costs in Commissioner's Court. SEC. 6. Be it further enacted by the authority aforesaid, That said Commissioner shall receive for his compensation to be paid out of the county treasury a salary of seventeen hundred ($1,700.00) dollars per annum for his services, to be paid monthly at the end of each month's service, which salary of seventeen hundred dollars shall cover all expenses of said office except expense for office rent and stationery; but the salary of said Commissioner may be increased, if recommended by a majority of two successive Grand Juries of said county to a sum not to exceed two thousand ($2,00.00) dollars per annum, said increase to be paid out of the county treasury. He is authorized to employ a Clerk to keep his minutes and books and to pay such Clerk such salary as he may fix, not to exceed six hundred ($600.00) dollars per annum, to be paid monthly out of the county treasury. He is authorized to employ such labor as he deems wise and expedient, as may be necessary for the best interests of the county, for the purpose of maintaining and working the roads and public property of said county, and shall fix the compensation of such persons at such reasonable sum as he may think proper, except as otherwise prescribed by law. Salary of Commissioner. Clerk. Road work. SEC. 7. Be it further enacted by the authority aforesaid, That said Commissioner shall be exempt from jury duty during his term of office. Jury duty. SEC. 8. Be it further enacted by the authority aforesaid, That all duties heretofore imposed upon the Board of Commissioners of Roads and Revenues in the County of Dodge, and all privileges granted to said Board, shall be and the same are, hereby conferred upon said Commissioner. Duties and powers.

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SEC. 9. Be it further enacted by the authority aforesaid, That this bill shall become operative and go into effect at noon from and after January 1, 1913. This law, when effective. 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 19, 1912. EARLY COUNTY, BOARD OF COMMISSIONERS, COMPENSATION OF. No. 427. An Act to change the compensation of the County Commissioners in Early County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That on and after the passage of this Act the compensation to be paid to the members of the Board of County Commissioners of Roads and Revenues in Early County shall be three dollars per day for each day they are in actual attendance on the regular or adjourned or called meetings of said Board; and whenever a member of said Board is engaged in service for the county as a member of a committee acting under the direction and appointment of the Board he shall be paid his actual expenses. Commissioners of Early County, compensation of. SEC. 2. All laws and parts of laws in conflict herewith are repealed. Approved August 13, 1912.

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EMANUEL COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 456. An Act to change the number of Commissioners of Roads and Revenues of Emanuel County, from three to five; to provide for their election; and to provide for the laying off of Emanuel County into five 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 number of Commissioners of Roads and Revenues in Emanuel County, Georgia, be, and the same is, hereby increased from three to five. Commissioners of Emanuel County; SEC. 2. Be it further enacted by the authority aforesaid, That said five Commissioners of Roads and Revenues shall be elected by the qualified voters of Emanuel County, at an election to be held for that purpose at the same time and place as elections are held for members of the General Assembly, which election shall be ordered by the Ordinary of Emanuel County, which election shall be held by the same managers who hold the election for the election of members of the General Assembly in October, 1912, and governed by the same rules; that it shall be the duty of said election managers to count out, return, consolidate and declare the result of said election as for members of the General Assembly; that the five persons receiving a majority of the votes cast for Commissioners shall be the nominees for the office of Commissioners of Roads and Revenues of Emanuel County; that any person qualified to vote for

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members of the General Assembly shall be qualified to vote for Road Commissioner. Election. SEC. 3. Be it enacted by the authority aforesaid, That the terms of office of the five Commissioners elected under this Act shall be two years, beginning January 1, 1914; that they or their successors shall be elected every two years thereafter at same time and places, in same manner, by same managers as members of the General Assembly are elected; that the five Commissioners elected under this Act, at the election for said purpose at the general election in 1912, shall not go into office until the first day of January, 1914, the present Commissioners of said county continuing in office until January 1, 1914. Terms of office. SEC. 4. Be it further enacted by the authority aforesaid, That Emanuel County is hereby divided into five road districts, constituted as follows: That the first district shall be composed of the 49th, 1333d and 1429th Militia Districts. Road districts. The second road district shall be composed of 57th, 1208th and 1452d Militia Districts. The third road district shall be composed of 395th and 1502d Militia Districts. The fourth road district shall be composed of 58th, 50th and 59th Militia Districts. The fifth road district shall be composed of 53d and 1560th Militia Districts. SEC. 5. Be it further enacted by the authority aforesaid, That no candidate or person shall be voted for for Road Commissioner except by the qualified voters of the

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district in which such candidate or person voted for resides; that only one commissioner must and shall be elected from each road district; he must reside in the road district from which he is elected, and should he move out of such district his office shall be immediately vacant; that there shall be only one Commissioner from each road district. One Commissioner in each district. SEC. 6. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of Road Commissioner in any of the districts, it shall be the duty of the Ordinary of said county to order an election to be held in said district within thirty days after such vacancy occurs, which election shall be held by managers who live in said district, who must be qualified to hold elections for members of the General Assembly, which election and expense thereof shall be paid for out of the county funds. The person receiving a majority of the qualified votes cast at such election shall fill the balance of the term of the person whom he succeeds, and until the next regular election. Vacancies, how filled. SEC. 7. Be it further enacted, That the term of office of the five Commissioners shall commence on the first day of January, 1914, on which day they shall meet and organize with full power to act as a Board of Commissioners of said County of Emanuel, exercising jurisdiction over all county matters set forth by the general law as well as all matters specially mentioned in this Act. Term of office. SEC. 8. Be it further enacted, That three of said members shall constitute a quorum for the transaction of any business that may come before said Board. Quorum. SEC. 9. Be it further enacted, That said Board of Commissioners shall have exclusive jurisdiction when sitting

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for county purposes over the following subject matters, to-wit: First, in building and repairing and controlling all property of the county as they may deem expedient according to law. Second, in levying a general tax for general purposes, and a special tax for special purposes, according to the provisions of the general law, and special enactments of the General Assembly. Third, in establishing, altering, building, repairing and abolishing all roads, bridges and ferries in the county in conformity to law. Fourth, in establishing and changing election precincts and lines and militia districts. Fifth, in examining, auditing and allowing all claims for and against the County of Emanuel. Sixth, in examining and auditing the accounts of all county officers, who receive and pay out money of the county or the State, and in examining and receiving all matters of record as required to be kept by law. Seventh, in collecting and disbursing all funds belonging to the county or appropriated for its use or benefit, and in bringing all debtors of the county to a speedy settlement. Eighth, in making such rules and regulations for the support and maintenance of the poor of said county, and for the promotion of health, as permitted by law. Jurisdiction. SEC. 10. Be it further enacted by the authority aforesaid, That said Board shall meet at the court house in said county and hold their sessions at such times as may be agreed upon and advertised by them. Sessions. SEC. 11. Be it further enacted, That for each day's service rendered by the members of said Board they shall receive three ($3.00) dollars. Compensation of Commissioners. Clerk. SEC. 12. Be it further enacted, That said Board of Commissioners shall have power to appoint a Clerk or Secretary

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for said Board, and fix his compensation for such service. SEC. 13. Be it further enacted, That all the Acts and doings of said Board shall at all times be open for the inspection of the public, and they shall cause each county officer who handles the funds of the county to make an itemized showing to the Grand Jury twice each year, showing the money received and from what source, and all money paid out and for what purpose. Reports to Grand Juries. SEC. 14. Be it further enacted, That it shall be the duty of said Board of Commissioners to publish once every three months in the official organ of Emanuel County, a full, complete, itemized statement of their acts and doings, showing all money taken in by them, its source, and disbursements, to whom paid and for what purpose; the cost of publishing such statement shall be paid out of the county treasury. Publication of reports. SEC. 15. Be it further enacted, That none of the provisions of this Act shall go into force and effect until the first day of January, 1914. Law, when effective. SEC. 16. Be it further enacted, That none of the Sections of this Act creating a Board of Roads and Revenues Commissioners of Emanuel County, (Acts 1901, page 237), approved December 12, 1901, are repealed by this Act, except so much thereof as conflicts with the provisions of this Act. Act of 1901. SEC. 17. Be it further enacted by the authority aforesaid, That any and all laws or parts of laws in conflict with the provisions of this Act be, and they are, hereby repealed. Approved August 16, 1912.

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FLOYD COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 332. An Act to amend an Act entitled An Act to provide uniformity in the Board of Commissioners of Roads and Revenue in Floyd County, State of Georgia, to specify the number of Commissioners, to regulate the mode of nomination and election of the members of said Board, the term of office, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act of the General Assembly of 1911, entitled An Act to provide uniformity in the composition of the Board of Commissioners of Roads and Revenues in Floyd County, State of Georgia, to specify the number of Commissioners, to regulate the mode of nomination and election of the members of said Board, the term of office, and for other purposes, be, and the same is, hereby amended as follows: Commissioners of Floyd County. (a) By striking from Section 2 of said Act the words where a Board of Commissioners is now, or may hereafter be established, as same appears in the second and third lines of said Section, and by striking all of said Section 2 after the word county in the sixth line of said Section, so that said Section, as amended, shall read as follows: That any citizen of said county of Floyd, State of Georgia, who is qualified by law to represent his county in the General Assembly of said State, is qualified to be a member of the Board of Commissioners of Roads and Revenues in said county. Qualification of Commissioners.

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(b) By striking from Section 6 of said Act the words in Floyd County affected thereby, as same appear in the second line thereof; by striking the word Commissioners as same appears in the third line of said Section, and inserting in lieu thereof the word successors, and by striking from the fifth line of said Section the word respectively; so that said Section, as amended, shall read as follows: That the first Commissioners elected under this Act shall be the lawful successors to the present incumbents and shall, when commissioned and qualified, constitute the said Board of Commissioners, and they, and their successors, shall succeed to all the powers and functions of their predecessors as a Board, regardless of the difference in the number constituting the preceding and succeeding Board. Powers of Board. (c) By striking from said Act Sections 7, 8, 9 and 11. (d) By adding a new Section, to be known and designated as Section 7, as follows: That the first election for members of the Board of Roads and Revenue of Floyd County, Georgia, under this Act shall be held at the time of the regular election for county officers in 1912. Election of Commissioners. (e) By making Section 10 and 12 of said Act Sections 8 and 9, respectively. 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 ore, hereby repealed. Approved July 29, 1912.

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FORSYTH COUNTY, BOARD OF COMMISSIONERS CREATED. No. 520. An Act to create a Board of Commissioners of Roads and Revenues for Forsyth County; to define their powers and duties 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 Forsyth. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a Board of Commissioners of Roads and Revenues for the County of Forsyth 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. Board of Commission. sioners for Forsyth County created. SEC. 2. Be it further enacted by the authority aforesaid, That for the purposes of this Act said County of Forsyth shall be divided into three road districts, to be constituted as follows: Cumming, Big Creek, Bell's and Vickery's Militia Districts shall comprise and constitute Road District No. 1. Roland's, Setting Down, Hightower and Barker's Militia Districts shall comprise and constitute Road District No. 2. Coal Mountain, Chestatee, New Bridge and Chattahoochee Militia Districts shall comprise and constitute Road District No. 3. Road districts. SEC. 3. Be it further enacted by the authority aforesaid, That at any time said Commissioners shall create a

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new militia district, said Commissioners shall have 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 terms of office for said Commissioners shall begin on the first day of January, 1913, in accordance with the provisions to be defined later in this Act. Be it further enacted by said authority, That the term of office for said Commissioners from districts numbers one and two shall expire on January first, 1915, and the term of office for said Commissioner from district number three shall expire on January first, 1917. The successors for said Commissioners for districts numbers one and two shall be elected by popular vote from the county at large, at the general election for 1914, and every four years thereafter; and the successors for said Commissioner for district number three shall be elected at the general election for 1916, and every four years thereafter. Terms of office. SEC. 5. 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. Elections of Commissioners. SEC. 6. 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 members Chairman, whose duty it

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shall be to preside at all the meetings and sign all warrants on the Treasurer and all orders of the Commissioners. Organization of Board. Said Chairman shall have the right at all the meetings to vote on all questions before the Board of Commissioners, and shall also have the right to make motions and perform all duties imposed under this Act upon said Commissioners. Rights of Chairman. SEC. 7. 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 accounts shall be approved by said Grand Jury. Compensation of Commissioners. SEC. 8. 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 the 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. 9. Be it further enacted by the authority aforesaid, That said Commissioners shall have exclusive jurisdiction

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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 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 appropriating 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 for by law; in establishing and maintaining the county chain-gang; in working said chain-gang 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 chain-gang, 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 commutation 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 commutation tax shall be paid or the work performed; in trying all road defaulters in accordance with law; and generally to have

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and to exercise all the powers heretofore vested in the Ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over county matters or county finances. Provided, that said Commissioners shall have no power nor authority to erect any public building costing more than five thousand dollars, without the recommendation being made for such building by two preceding Grand Juries of said county. Jurisdiction. SEC. 10. 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 upon its minutes, to hold court at any time or place in said county to try road defaulters in accordance with law. Meetings of Board. SEC. 11. 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. Contracts. SEC. 12. Be it further enacted by the authority aforesaid, That said Commissioner 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

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property, paupers, finances, buildings, public roads and bridges, and the exact amount of county funds on hands 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. SEC. 13. 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. Jury duty. SEC. 14. 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 Commissioner shall be elected for the unexpired term. Vacancies. SEC. 15. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become operative in said County of Forsyth until ratified by a majority of the qualified voters of said county, and for this purpose the Ordinary of said county shall give notice of the provisions of this Act in the newspaper in which the Sheriff's sales are advertised in said county for four weeks previous to the time of holding the general State election in October, for county and State officers of said county for 1912, at which election the qualified voters of said county shall be permitted to vote on the provisions of this Act. Those in favor of this Act shall have written or printed on their ballots For Commissioners, and those opposed to the provisions of this Act shall have written or printed on their ballots Against Commissioners, and if a majority of the

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qualified voters of said county shall vote For Commissioners, then the provisions of this Act shall become operative and of full force. If a majority of the qualified voters of said county shall vote Against Commissioners, then the provisions of this Act shall be void. If this Act is ratified as herein provided, one Commissioner from each road district shall be elected at the general election in November for President and Congress members for 1912, in accordance with the terms of this Act herein provided. Act, how ratified. 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 16, 1912. FULTON COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 548. An Act to amend an Act to amend an Act creating the Commissioners of Roads and Revenues of Fulton County, and the several Acts amendatory thereof; so as to provide for the election of said Commissioners by the duly qualified voters of said county, and to provide the manner, time and place of holding such election, and for other purposes, approved December 1, 1892, providing that if the territory in which the Commissioner resides who was originally elected as a non-resident of the City of Atlanta be annexed to the City of Atlanta, such Commissioner shall be eligible and qualified to serve out the

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term for which he was originally elected, provided that there is upon the Board a member who resides without the City of Atlanta, although originally elected from the county at large, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act to amend an Act creating the Commissioners of Roads and Revenues of Fulton County, and the several Acts amendatory thereof, so as to provide for the election of said Commissioners by the duly qualified voters of said county, and to provided the manner, time and place of holding such elections, and for other purposes, approved December 1, 1892, be amended by adding to Section three the following: Commissioners of Fulton County. Provided, however, if the territory in which any Commissioner resides who was originally elected as a Commissioner from the country or a non-resident of the City of Atlanta, be annexed to the City of Atlanta, such Commissioner, so originally elected from the country, shall be eligible and qualified to serve out the term for which he was originally elected; provided, that there is upon the Board a member who resides without the City of Atlanta, although originally elected from the county at large, so that said Section, when so amended, shall read as follows: SEC. 3. Be it further enacted, That the successors to the three Commissioners whose terms expire January 1, 1895, shall be elected by the duly qualified voters of Fulton County, to be held on the first Wednesday in October, 1894, at the same time and place for holding elections for members of the General Assembly, and subject to the same rules and regulations prescribed for the election of members of

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the General Assembly. Of the three Commissioners so elected one must be a non-resident of the City of Atlanta, or any other incorporated town in the county, and he shall be voted for under the designation, For Commissioner from the country. Of those who voted for the one receiving the largest vote, irrespective of the votes cast for the other Commissioners, shall be elected and shall hold office for a term of four years. His successor in regular line, shall be chosen quadrennially thereafter, the provisions above made in this Section applying. The other Commissioners to be elected at this time shall be voted for under the designation, For County Commissioners, and the two receiving the largest number of votes cast exclusive of those voted For Commissioner from the Country, shall be elected for a term of four years, as shall also their successors in regular line. The terms of office of the three Commissioners thus elected shall begin January 1, 1895. Provided, however, if the territory in which any Commissioner resides who was originally elected as a Commissioner from the country, or a non-resident of the City of Atlanta, be annexed to the City of Atlanta, such Commissioner, so originally elected from the country, shall be eligible and qualified to serve out the term for which he was originally elected; provided, that there is upon the Board a member who resides without the City of Atlanta, although originally elected from the county at large. Board, how constituted. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 19, 1912.

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GLASCOCK COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 328. An Act to repeal an Act approved August 21, 1906, and an amendment thereto approved July 23, 1908, and an amendment thereto approved August 16, 1909, providing for the creation of a Board of Commissioners of Roads and Revenues in the County of Glascock, State of Georgia, to prescribe their powers and duties, fix their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act approved August 21, 1906, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Glascock, and amendments to said Act approved July 23, 1908, and August 16, 1909, respectively, be, and the same is, hereby repealed. Commissioners for Glascock County, Board 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 July 29, 1912. GLASCOCK COUNTY, COMMISSIONER, OFFICE OF CREATED. No. 356. An Act to create the office of Commissioner of Roads and Revenues for the County of Glascock, State of Georgia;

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to provide for an appointment to fill said office until January 1, 1915, and to provide for an election to fill said office thereafter; to prescribe the qualifications, duties, and powers of such officer, and fix his salary. 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 Glascock shall be, and it is, hereby created. Commissioners of Glascock County, office of created. SEC. 2. Be it further enacted by the authority aforesaid, That H. G. Sammons, a citizen of said county, be and he is hereby appointed Commissioner of Roads and Revenues in and for said county. His term of office shall begin on the passage and approval of this Act, and continue until January 1, 1915, or until his successor in office shall be elected and qualified, as hereinafter provided. Persons eligible to hold other county offices shall be eligible to hold this office. There shall be an election for Commissioner of Roads and Revenues by the qualified voters of said county every two years. The first election for such officer shall be held at the general election held for the election of county officers for said county, on the first Wednesday in October, 1914, whose term of office shall begin on the first day of January, 1915, continue for two years and until his successor is elected and qualified. That the term of office for such officer shall be for two years. Appointment and term. Election. SEC. 3. Be it further enacted by the authority aforesaid, That in the event there should be a vacancy in said office at any time from death, resignation, from the appointee failing to qualify, or any other cause, it shall be the duty of the Grand Jury of the said county, convening next after a vacancy has occurred, to elect from the citizens of said

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county a man qualified to fill said office for the unexpired term, and the result of such election shall be shown and recorded in the general presentments of said Grand Jury. In the interim the Ordinary of said county shall perform all of the duties of said office, and for his services as such officer he shall receive the sum of thirty-five dollars per month, or at the rates of the same for the time served. Vacancy, how filled. Ordinary pro tem Commissioner. SEC. 4. Be it enacted by the authority aforesaid, That before entering upon the discharge of the duties of said office, said Commissioner shall be commissioned by the Governor, and shall give a solvent bond with surety in the sum of three thousand dollars, payable to the Governor of Georgia and his successors in office, to be approved by the Ordinary of said county, conditioned for the faithful discharge of the duties of his office and to account for all money, property, or effects of the county that may come into his hands as such Commissioner, and must take and subscribe the oath required of all civil officers, also the following oath: I do solemnly swear that I will truly and faithfully discharge the duties of Commissioner of Roads and Revenues for the County of Glascock, during my continuance in office, according to law, to the best of my knowledge and ability, without favor or affection to any person, firm or corporation, so help me God. Bond and oath. In case of a vacancy in said office, before the Ordinary of said county shall enter upon the duties of said office of such Commissioner, he shall give such bond and take the same oath that is required of said Commissioner; said bond shall be approved by the Clerk of the Superior Court, and the oath taken before any officer authorized by law to administer oaths. In the event the said Ordinary shall fail or refuse to give the bond and take the oath, above described,

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it shall then be the duty of the Clerk of the Superior Court of said county to give bond and take the oath, as above described, and perform the duties of said office; and all the law that applies to the Ordinary in such cases shall apply to the said Clerk of the Superior Court, except his bond shall be approved by the Judge of the Superior Court of said county. If said officer so desires, he may use a bonding company, and the bonding fee shall be a legal charge against the county. Ordinary duties of, as Commissioner. SEC. 5. Be it further enacted by the authority aforesaid, That said Commissioner shall have exclusive jurisdiction over all county matters, and shall be invested with all the powers and duties as to the revenues of Glascock County, in levying and collecting taxes and other revenues of the county, and in disposing of said taxes and revenues which have been heretofore legally exercised by a Board of Commissioners of Roads and Revenues, and all other public property of said county. He shall have exclusive jurisdiction and control over all county property and all roads and bridges in said county, and shall be charged with the duty of maintaining and keeping the same in proper condition, and shall be vested with all the powers and charged with all the duties required of county authorities and prescribed by law in reference thereto. He shall have exclusive jurisdiction over all subject matters enumerated in Section 4796 of the Civil Code of 1910, except the powers enumerated in sub-divisions 4 and 5 of said Section, and shall be vested with all other powers and duties conferred by the laws of this State upon Ordinaries, when sitting for county purposes, and such as are conferred generally upon county authorities. Jurisdiction. SEC. 6. Be it further enacted by the authority aforesaid,

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That said Commissioner of Roads and Revenues shall sit as a Court for county purposes on the first Monday in each month, or at such other time as he may fix by proper order passed and entered on his minutes, in the court house in Gibson, or at his office at the county site, for the transaction of public business of the county connected with county matters, and to try and deal with road defaulters in such manner as is provided by law, and shall have power to punish for contempt under the same rules and regulations as are prescribed for other Courts. He shall keep or have kept accurate minutes of all county matters transacted by him. He shall have power to administer oaths and hear testimony as to all matters over which he has jurisdiction. He shall have the right to adjourn his Court from day to day, or to any day in the future, as the exigency of the office may demand. Commissioner's Court. SEC. 7. Be it further enacted by the authority aforesaid, That said Commissioner shall keep or have kept a proper and correct set of books showing all public moneys received and expended under his direction, showing in plain, itemized form the sources from which all such moneys are received, and in like manner for what purposes expended. Books, how kept. Such books shall be subject to inspection by any citizen at any time, as other books and records of county officers are. Said Commissioner shall balance his books once each month so as to show any inspector the exact amounts received and expended by him during the month just preceding. Said Commissioner shall either exhibit his books or an itemized, sworn report drawn therefrom, to each and every Grand Jury or committee appointed by the same, at each regular session of the Superior Court of Glascock County at which the Grand Jury is convened. Said books

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or report shall show the number of persons in said county subject to road duty, and the number of such persons who have paid their commutation tax, and the amount of money received from all persons as commutation tax, and the number of persons subject to road duty who have worked out their time on the roads, and the number of persons subject to road duty who have neither worked their time on the roads nor paid their commutation tax, why the work has not been done, nor the commutation tax paid, and what action, if any, has been taken to enforce such duties. Reports to Grand Juries. SEC. 8. Be it enacted by the authority aforesaid, That said Commissioner of Roads and Revenues shall prescribe how all money for public road purposes arising from commutation tax shall be collected and paid out, and shall have the power to fix the compensation for collecting the same, commission for collecting not to exceed 5 per cent. Said Commissioner shall have the right to collect the commutation tax, upon the above prescribed terms or appoint fit and proper persons to collect the same, who shall be required to give a solvent bond, payable to said Commissioner, to cover such amount as may be collected and for the faithful performance of such duty. Commutation tax. SEC. 9. Be it further enacted by the authority aforesaid, That in addition to the powers and authority heretofore enumerated in this Act, said Commissioner shall have power and authority to contract and combine with any municipality or municipalities in said county, in working the convicts of said county and municipality or municipalities, for the purpose of working and improving the roads of said county and municipality or municipalities, by and with the consent and approval of the Prison Commission. Contracts with municipalities for use of convicts.

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SEC. 10. Be it enacted by the authority aforesaid, That said Commissioner of Roads and Revenues shall receive for his services as such the sum of sixty-five dollars per month, provided, he devotes his entire time and attention to road working and other county matters, and thereby dispenses with the necessity and expense of having a road overseer. In the event said Commissioner employs a road overseer, does not devote his entire time and attention to road working and county matters, but employs a road overseer, has only the duties himself of supervising and controlling the road working and other county matters, he shall receive for his services the sum of thirty-five dollars per month. Either salary that said Commissioner may become entitled to shall be paid monthly out of the county treasury, and shall be his entire compensation for his services and for his Clerk hire. Compensation of Commissioner. SEC. 11. Be it enacted by the authority aforesaid, That in the event said Commissioner, when sitting as a Court or in passing upon any county matters, should from relation or any other cause be disqualified, the Ordinary of said county shall be qualified to act in his stead, and shall have the same power and authority of said Commissioner. Commissioner disqualified, Ordinary acts. SEC. 12. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 31, 1912.

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GLYNN COUNTY, COMMISSIONERS AUTHORIZED TO OBTAIN BRIDGE RIGHTS. No. 365. An Act to authorize the Commissioners of Roads and Revenue of Glynn County, Georgia, to enter into a contract with the Georgia Coast and Piedmont Railroad Company to obtain bridge rights over the Altamaha River in consideration of appropriations of money, or other valuable consideration, and for other purposes. Whereas, the counties of Glynn and McIntosh are divided by the Altamaha River, and which for a great distance between said counties consists of four branches with intervening islands and marsh lands; and Whereas, the cost of constructing and maintaining public highway bridges over and across said river and its branches between said counties is so great as to be practically prohibitive; and Whereas, it is exceedingly important to the citizens of said Glynn county and to the public generally, to have such bridge rights and privileges in some railroad bridge to be constructed across said river in lieu of the construction and operation of a public highway bridge by said counties; and Whereas, the Georgia Coast and Piedmont Railroad Company proposes to extend its line of railroad from the town of Darien, in McIntosh County, Georgia, to the city of Brunswick, in Glynn County, Georgia, and to construct and maintain bridges across said Altamaha River, connecting said two counties, and has offered to enter into a contract with said County of Glynn to maintain and operate

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over said bridges and trestles a motor car service for the benefit of the public, thus giving the citizens of said county and the public generally such bridge rights at small cost, 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 County of Glynn in said State, acting by and through its Commissioners of Roads and Revenue, be, and it is hereby authorized and empowered to enter into a contract with Georgia Coast and Piedmont Railroad Company, in consideration of not exceeding twenty-five thousand dollars cash to be paid to said railroad company, for the operation and maintenance over the bridges and trestles of the railroad company as they shall be constructed over the Altamaha River and its various branches from a public highway in Glynn County to a public highway in McIntosh County, of a motor car service for the benefit of the public, and for the transportation of vehicles and their contents and passengers, thus giving to the citizens of Glynn County and to the public generally, public road and bridge rights across said river. Glynn County, Commissioners authorized to contract for certain bridge rights. SEC. 2. Be it further enacted by the authority aforesaid, That said Commissioners of Roads and Revenue shall have the right to make, enter into and perform a contract between said county and said railroad company covering the establishment, operation and maintenance of such motor car service upon such terms and conditions and for such duration as may be fixed and agreed between said Commissioners, acting for said county, and said railroad company, and to pay to said railroad company, its successors or assigns, a sum not exceeding twenty-five thousand dollars for such bridge rights and privileges and the service to be performed

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by it or them under said contract, with the right to make provision in said contract for the charge and collection by said railroad company, its successors or assigns, of reasonable tolls and charges for such motor car service. Power to contract for motor car service. 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 1, 1912. GREENE COUNTY, COMMISSIONER, OFFICE OF, ACT CREATING AMENDED. No. 612. An Act to amend an Act entitled An Act to create the office of Commissioner of Roads and Revenues in and for Greene County; to provide the methods of election of such officer; proscribe his duties and powers; fix his salary and term of office; provide for the management of the county affairs interim; and for other purposes, approved August 7, 1907, so as to provide that the Commissioners shall consist of five members instead of one, as by said Act provided; to provide that said Board shall be elected by popular vote; to provide for the filling of vacancies; for the term of office of the Commissioners, for the compensation of the Commissioners, for the division of the county into road districts, for the oath and bond of said Commissioners, when and how this Act shall become effective, 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 Act approved August 7, 1907, entitled, An Act to create the office of Commissioner of Roads and Revenues in and for Greene County; provide the methods of election of such officer, prescribe his duties and powers, fix his salary and term of office; provide for the management of county affairs in interim, and for other purposes, be, and the same is, hereby amended by striking entirely therefrom the first and second Sections of said Act and inserting in lieu thereof Section 1, as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after January 1, 1915, the Board of Commissioners of Roads and Revenues of Greene County shall consist of five persons instead of one. Said Commissioners shall be elected by the qualified voters of said county at the general election held for the election of members of the General Assembly and county officers, on the first Wednesday in October, 1914, and each two years thereafter on the same day, or on such other day as such election is held for election of members of the General Assembly. Said Commissioners shall hold office from the first day of January, 1915, for two years, and until their successors are elected and qualified. One of said Commissioners shall be elected from each of the five road districts of said county hereinafter set forth. Should a vacancy occur in said Board by death, resignation or otherwise, the remaining members are empowered to fill said vacancy by selecting some qualified person from the same district as the vacancy, to serve until his successor is elected at the next regular election. Greene County, Board of Commissioners increased from one to five. Election. Terms of office. Vacancy, how filled. a. For the purpose of this Act Greene County shall

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be divided into five road districts, to be constituted as follows: Road District No. 1 shall be composed of the following militia districts, to-wit: 137th, 138th and 140th, known as Flukers, Woodville and Union Point Districts; Road District No. 2 shall be composed of the following militia districts, to-wit: 141st, 142d and 144th, known as Reynolds, Siloam and White Plains Districts; Road District No. 3 shall be composed of the following militia districts, to-wit: 160th, 161st, 162d and 163d., known as Liberty, Salem, Ruth and Walkers Districts; Road District No. 4 shall be composed of the following Militia Districts, to-wit: 145th, 147th, 148th and 149th, known as Greshamville, Macedonia, Penfield and Wrayswood Districts; and Road District No. 5 shall be composed of the following militia districts, to-wit: 143d and 146th, known as Greensboro and Shilo Districts. Five road districts. Each Commissioner shall be an upright and intelligent citizen. A qualified voter for county officers of said county and members of the General Assembly of this State, and shall be a bona fide resident of the road district from which he is elected. Qualifications. In the election of said Road Commissioners, the voters at the election shall be permitted to place on their ballots the names of their choice for the office, naming one from each of the five road districts herein created, but nothing in this Act shall be construed to prevent the qualified voters from each road district from nominating a candidate before the regular election to be voted for by the entire county at the regular election, such candidate to be a resident of the district for which he is nominated. Election, how held. SEC. 2. Be it further enacted, That Section 5 of said Act of August 7, 1907, be, and the same is, hereby amended

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by striking from the first sentence thereof the words said Commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of twelve ($1,200) hundred per annum for his services, to be paid monthly at the end of each month's services; but the salary of said Commissioner may be increased or decreased, if recommended by a majority of two successive Grand Juries of said county, said increase to be paid out of the county treasury, and by striking from the second sentence thereof the first two words He is and substituting the following: The compensation of said county Commissioners shall be three dollars per day for the time actually spent by them in performing the duties of their office, but said Board may elect one of their number as Chairman, and said Chairman may be paid for the time required and consumed to perform the duties of the office, at the same rate of three dollars per day, even though said duties are performed on other days than regular meeting days or sessions of said Board. But in no event shall any member of said Board receive as compensation for services rendered as Commissioner, more than one hundred dollars in any one year, except the Chairman, whose per diem is hereby limited to four hundred dollars per year. They are So that said Section, when amended, shall read as follows, to-wit: Section 5. Be it further enacted by the authority aforesaid, That the compensation of said County Commissioners shall be three dollars per day for the time actually spent by them in performing the duties of their office, but said Board may elect one of their number as Chairman, and said Chairman may be paid for the time required and consumed to perform the duties of the office, at the same rate of three dollars per day, even though said duties are performed on other days than regular meeting days or sessions

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of said Board. But in no event shall any member of said Board receive as compensation for services rendered as Commissioner, more than one hundred dollars in any one year, except the Chairman, whose per diem is hereby limited to four hundred dollars per year. They are authorized to employ a superintendent of roads, bridges and labor, who understands drainage and road building, and such overseers and other employees as may be necessary for the best interest of the county, for the purpose of maintaining and working the roads and public property of the county, and shall fix the compensation of such persons at such reasonable sum as he may think proper, except as otherwise prescribed by law. Compensation of Commissioners. Superintendent of roads and bridges. SEC. 3. Be it further enacted, That all the powers granted to the Commissioner of Roads and Revenues for Greene County by said Act of August 7, 1907, are hereby expressly delegated to and conferred on the said five Commissioners by this Act created; and all the duties and obligations by said Act imposed on said Commissioner are by this Act imposed on the five Commissioners, so that whereever the word Commissioner appears in said Act it shall read and become Commissioners. Powers. SEC. 4. Be it further enacted, That the Commissioners as herein provided shall be commissioned by the Governor of said State for the term of office for which he is elected, and before entering upon the discharge of the duties of said office shall subscribe to the oath now required by law, of county officers, and shall also give a solvent bond in the sum of $5,000.00, to be approved by the Ordinary of said county, payable to the Governor of said State and his successors in office, conditioned for the faithful performance of his duties as such Commissioner. How commissioned. Bond.

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SEC. 5. Be it further enacted, That J. J. Sanders, the present Commissioner, shall continue to perform the duties of his office and receive the same salary as at present, until his successors are elected and qualified, as in this Act provided. Present Commissioners. SEC. 6. Be it further enacted by the authority aforesaid, That this Act shall not become operative and go into effect until the same has been 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, 1912, determine by ballot whether or not this Act shall go into effect and become operative, as follows: Those wishing the adoption of this amendment shall cast ballots having written or printed thereon the words, For the Amendment Relating to County Commissioners, and those opposed to the adoption of this amendment shall cast ballots having written or printed thereon the words, Against the Amendment Relating to County Commissioners. Act not operative until adopted by voters. SEC. 7. Be it further enacted by the authority aforesaid, That four weeks prior to the election referred to in the preceding Section 6 relating to ratification and rejection, notice shall be given by the Ordinary of said county in the newspaper containing the Sheriff's advertisements, that this Act shall be submitted to the people at said election for ratification or rejection; and the Ordinary shall declare the result of said election; 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 legitimate expenses connected with adoption

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or rejection of this Act, or its future operation, shall be paid by the county on proper vouchers audited and approved by its authorities. Election, how advertised. Result, how declared. Expenses of election. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. GWINNETT COUNTY, ROAD COMMISSIONER, ACT CREATING REPEALED. No. 478. An Act to repeal an Act to create the office of Commissioner of Roads for Gwinnett County; to provide the method of electing such officer, prescribe his duties and powers, fix his salary and term of office, and for other purposes, approved August 19, 1911, 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 above recited Act approved August 19, 1911, creating the office of Commissioner of Roads for Gwinnett County; provide the method of electing such officer, prescribe his duties and powers, fix his salary and term of office, and for other purposes, be, and the same is, hereby repealed. Gwinnett County, office of Road Commissioner, Act creating repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912.

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GWINNETT COUNTY, BOARD OF COMMISSIONERS, ACT CREATING REPEALED. No. 507. An Act to repeal an Act to create a Board of Commissioners for the County of Gwinnett, and to prescribe and define the powers and duties thereof, approved August 19, 1911, 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 above recited Act approved August 19, 1911, creating a Board of Commissioners for the County of Gwinnett, be, and the same is, hereby repealed. Gwinnett county, Board of Commissioners, Act creating repealed. SEC. 2. Be it further enacted by the authority of same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. GWINNETT COUNTY, BOARD OF COMMISSIONERS, ELECTION TO ABOLISH AMENDED. No. 386. An Act to amend an Act of the General Assembly of Georgia, approved August 17, 1911, by striking from the third and fourth lines of Section 2 of said Act, the following

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words: At the general election to be held on the first Wednesday in October, and substituting in lieu thereof the following words: At the primary election to be held on the 21st day of August, and by striking the word general in the 19th line of said Act and whereever said word general occurs, and substituting in lieu thereof the word primary, 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 above recited Act, approved August 17, 1911, as found on pages 432 and 433 of the printed Acts or Georgia Laws, 1911, be, and the same is, hereby amended by striking from the third and fourth lines of Section 2 of said printed Act the following words: At the general election to be held on the first Wednesday in October, and by substituting in lieu thereof the following words: At the primary election to be held on the 21st day of August; also by striking the word general in the 19th line of said Section 2, and wherever said word general occurs, and substituting in lieu thereof the word primary, so that when said Section is so amended it will read as follows: Section 2. The provisions of this Act shall not become effective until submitted to a vote of the qualified voters of Gwinnett County, as herein provided. At the primary election to be held on the 21st day of August, 1912, the qualified voters of Gwinnett County who favor the abolishing the offices of Commissioners for said County of Gwinnett shall have written or printed on their ballots, for which purpose separate ballots shall be provided, the following words: For abolishing the Board of County Commissioners, and those who oppose abolishing said Board and said offices shall have written

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or printed on their ballots the following words: Against abolishing the Board of County Commissioners. Should a majority of the qualified voters of said county voting at said election upon said question vote For abolishing the Board of County Commissioners, then, and in that event, this Act shall become of full force and effect on or after the first day of January, 1913, and not otherwise. The managers and superintendents of said primary 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 list of voters for said election. The vote shall be consolidated as the vote in said primary election and the returns thereof made to the Ordinary of Gwinnett County, and said Ordinary shall declare the result of said election. Gwinnett County, election to abolish 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 7, 1912. HENRY COUNTY, COMMISSIONER, OFFICE OF, CREATED. No. 424. An Act to create the office of Commissioner of Roads and Revenues for the County of Henry, to provide for his election, to define his duties and powers, to fix his compensation, to provide for his clerical and transportation expenses, 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 Henry shall be, and is, hereby created. Henry County, Road Commissioner. SEC. 2. Be it further enacted by the authority aforesaid, That from the qualified voters of said county there shall be elected on the first Wednesday in October, 1912, a Commissioner for Roads and Revenues for said county, whose term of office shall commence on the first day of January, 1913, and continue for two years, and until his successor is elected and qualified. Election of Commissioner. SEC. 3. Be it further enacted by the authority aforesaid, That a Commissioner of Roads and Revenues for said county shall thereafter be elected every two years, at the same time and in the same manner and by the same electors as county officers are elected, and his term of office shall begin on the first day of the following January. Term of office. 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 day's notice in the newspaper where the Sheriff's advertisements are published, which elections shall be held as elections for county offices; and until the vacancy is filled said Ordinary shall perform the duties of such Commissioner. Vacancy how filled. SEC. 5. Be it further enacted by the authority aforesaid, That before entering upon the discharge of his duties, said Commissioner shall give bond and surety before the

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Ordinary of said county, payable to the Governor and his successors in office, in the sum of five thousand dollars conditioned for the faithful discharge of the duties of his office, and to account for all moneys that may come into his hands as such Commissioner, and must take and subscribe the oath required of all civil officers and also the following oath: I do solemnly swear that I will well and faithfully discharge the duties of Commissioner of Roads and Revenues for the County of Henry during my continuance in office, according to the laws, to the best of my knowledge and ability, without favor or affection to any party. So help me God. Bond and oath. SEC. 6. Be it further enacted by the authority aforesaid, That said Commissioner of Roads and Revenues shall have original and exclusive jurisdiction over the subject matters mentioned and embraced in Section 4238 of the Civil Code of 1895; and over such other county matters as by law have been placed under the jurisdiction of Ordinaries or other authorities having control of county matters; and over the levying and collection of road taxes, commutation taxes, and the working of the public roads, and the building of bridges, and the appointment and employment of such person or persons for specific purposes appertaining to roads and bridges as are authorized by law; and over all such county matters as was held and exercised by the Inferior Court when sitting for county purposes prior to the adoption of the Constitution of 1868. Jurisdiction. 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 for the exercise of such other powers as he as a quasi-corporation,

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contra-distinguished from his powers as a Court, and he shall also keep his office open on all Saturdays for the transaction of the business of his office, and at such other times as may be necessary. At all other times, when the duties of his office and the condition of the weather will permit, it shall be his duty to personally inspect the public roads and bridges of said county, supervise and, so far as practicable, superintend and direct the work on, and those in charge of the working of, the public roads and building of bridges. Duties. SEC. 8. Be it further enacted by the authority aforesaid, That said Commissioner shall receive for his services a salary of twelve hundred dollars per annum, to be paid monthly out of the treasury of said county. Salary. SEC. 9. Be it further enacted by the authority aforesaid, That said Commissioner may appoint a Clerk, whose compensation shall be fixed by the Grand Jury of said county at the fall term thereof. Clerk and his salary. SEC. 10. 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 vouchers therefor; and the number of persons subject to road duty; the amount of commutation taxes received; number of persons who work 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. Records shall be kept.

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SEC. 11. 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. When disqualified, Ordinary shall act. SEC. 12. 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 five dollars nor less than one dollar per annum; and if said amount is not paid he shall be required to work on the public roads of Henry County not more than ten days nor less than two days in any one year. The amount of said commutation tax shall be fixed by the Commissioner not later than the first day of February of each year, which time shall be divided between the spring and summer working, and all hands so summoned shall be required to pay or work as stated in the summons, for time required for spring working and time required for summer working. All commutation taxes shall be expended on the roads in the district where collected. Commutation tax. SEC. 13. Be it further enacted by the authority aforesaid, That any person who has refused or failed to pay the commutation tax when demanded by the officer appointed by said Commissioner to make such demands, and who shall without good excuse fail or refuse to appear at the time and place appointed to work, when summoned, or notified by the officer whose duty it is to give said summons or notice, according to rules of said Commissioner and the law in such cases made and provided, or who shall fail or refuse to do faithful work when he has appeared, shall be fined not less than one dollar each day he fails to work, or to be

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imprisoned in the common jail of said county at the discretion of said Commissioner, or to be sentenced to work in the chain-gang not exceeding ninety days. If the said Commissioner trying the case impose a fine upon the person convicted it may be with the alternative of other punishment allowed by this Section in case said fine is not paid. Penalty for failure to pay commutation tax. SEC. 14. Be it further enacted by the authority aforesaid, That said Commissioner be, and he is hereby empowered to try all defaulters, impose and enforce sentence as provided in the preceding Section, and said Commissioner shall hold Court for the trial of said defaulters at any time and place in said county that may be fixed by said Commissioner, provided, that ten days' notice of the time and place of trial be given to said defaulters. Defaulters. SEC. 15. Be it further enacted by the authority aforesaid, That defaulters shall be summoned for trial or arrested by such officer as said Commissioner may appoint or by the Sheriff or his deputy or any lawful constable of said county. Summons or arrest of defaulters. SEC. 16. Be it further enacted by the authority aforesaid, That said Commissioner of the County of Henry shall apportion to each militia district within the County of Henry the commutation taxes paid by the citizens of each militia district and the property taxes collected in each militia district for road purposes, and have the same expended on the public roads of each militia district each year respectively, and continue to do so each and every year hereafter. It shall be his duty to work the chain-gang in each militia district in the County of Henry such a number of days in each year proportionate to the amount of taxes paid by said district for road purposes. When the chain-gang

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is worked in any militia district the expenses of running same shall be borne out of the funds of said district, the salaries paid warden and overseers or any other expenses incident to running and carrying on said road working business as well as the compensation paid the Commissioner and his Clerks shall be borne proportionately by the several districts of the county in proportion to the taxes paid. Apportionment of commutation taxes. Work by chain gang. SEC. 17. Be it further enacted by the authority aforesaid, That said Commissioner of Roads and Revenues shall have the power to appoint three district Commissioners, in each militia district, whose duty it shall be to overlook all road work in said district; to collect the commutation tax; and to superintend road working in their district. It shall be the duty of said district Commissioners to appoint from the road hands in their charge a sufficient number of suitable persons to act as overseers to insure a speedy and thorough working of all public roads of said district, and shall allot the hands to the various roads or sections of roads in their charge, and issue and serve written summons on each person in his district subject to road duty, and collect the commutation tax and receipt for the same. The summons shall state the time and place for working, the tool or implement to be brought, the amount of commutation tax due for the summer working or the spring working as the case may be, and when the tax so assessed shall be paid; provided, however, no person shall be required to work or pay the summer assessment before July the fifteenth of each year. The County Commissioner shall be required to furnish district Commissioners with books and printed forms with which to make a full and accurate accounting of all taxes collected and all disbursements; to whom and for what purpose made, and the date of same. It shall be the

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duty of the district Commissioners at the end of each working of the public roads to require the overseers of said district to appear before him and make a report in writing of all their acts and doings; said report must be examined and approved by the district Commissioners and returned to the County Commissioner. Said district Commissioners are vested with power to remove overseers for incompetency or neglect of duty. Said district Commissioners shall be appointed for a term of two years and shall give bond in the sum of three hundred dollars each, payable to the County Commissioner, for the use of the county, and be approved by him. Said district Commissioners shall, before entering on the discharge of their duties, take and subscribe the oath required of all civil officers. Their compensation shall not exceed a dollar and a half per day for each day actually engaged in work, which said sum shall be paid out of the funds collected for road purposes of their respective districts. District Commissioners, appointment and duties. SEC. 18. Be it further enacted by the authority aforesaid, That on the first day of January, 1913, the Ordinary of Henry County shall deliver to the Commissioner of Roads and Revenues of Henry County, possession of all convicts then under his control and management, and all property and equipment belonging to said county, and after said date said Commissioner shall have exclusive jurisdiction and control of the roads and revenues of said county. Act effective January 1, 1913. SEC. 19. Be it further enacted by the authority aforesaid, That said Commissioner shall annually levy such taxes for road purposes as in his judgment may be necessary to raise sufficient money for the proper, judicious and economical working of the public roads of said county not inconsistent

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with the law, and to be paid out in the manner hereinbefore provided. Road tax levy. 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 13, 1912. JACKSON COUNTY, BOARD OF COMMISSIONERS, CHAIRMAN'S SALARY. No. 554. An Act to make the salary of the Chairman of the Board of Commissioners of Roads and Revenues of Jackson County twelve hundred 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 after the passage of this Act that the Chairman of the Board of Commissioners of Roads and Revenues of Jackson County be paid the sum of twelve hundred dollars per annum; provided, that this salary shall be paid the said Chairman of the Board of Commissioners of Roads and Revenues until this Act shall be submitted to the vote of the people of Jackson County at a general or special election, for its ratification or rejection, and the Grand Jury shall designate the general election or call a special election, at which this question shall be submitted. Those that favor this Act shall have written or printed on their

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ballots, For the salary of the Chairman; those opposed to it, shall have written or printed on their ballots, Against the salary of the Chairman; provided, further, that if a special election is called said election shall be advertised for sixty days in the newspaper in which the Sheriff's sales are published. Chairman's salary, submission to voters. SEC. 2. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. JENKINS COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 327. An Act to amend an Act approved August 1, 1911, entitled An Act to repeal an Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins, to define their powers, and for other purposes, approved August 10, 1906, and published in Georgia Laws of 1911, pages 448-449, so as to repeal Section 2 of said Act, to provide that the Act entitled An Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins, to provide for the manner of their election, to define their powers and duties, and for other purposes, approved August 1, 1911, and published in Georgia Laws of 1911, pages 449 to 453 inclusive, have the same force and legal effect as it would have had in the event that Section two of the Act to be amended by

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this Act had never existed; to provide that the present Board of Commissioners of Jenkins County elected in pursuance and in accordance with the Act entitled An Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins, to provide for the manner of their election, to define their powers and duties, and for other purposes, approved August 1, 1911, and published in Georgia Laws of 1911, pages 449 to 453, inclusive, be just as legal officers for said County of Jenkins as they would have been in the event that Section two of the Act to be amended by this Act had never existed, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that the Act entitled An Act to repeal an Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins, to define their powers, and for other purposes, approved August 10, 1906, and published in Georgia Laws of 1911, pages 448-9, approved August 1, 1911, be, and the same is, hereby amended by striking all of Section two of said Act and changing Section three of said Act to Section two, so that said Act, when so amended, shall be composed of only two Sections, which shall read as follows: (a) Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, An Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins; to define their powers, and for other purposes, approved August 10, 1906, shall be, and the same is, hereby repealed. Act approved August 10, 1906, repealed

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(b) 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. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act that the Act entitled, An Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins, to provide for the manner of their election, to define their powers and duties, and for other purposes, approved August 1, 1911, and published in Georgia Laws of 1911, pages 449 to 453 inclusive, be, and the same is, of the same force and legal effect as said Act would have been in the event that Section two of the Act to be amended by this Act had never existed. Act, 1911, Georgia Laws of 1911, pp. 449 to 453, declared legal. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act that the present acting Board of Commissioners of Roads and Revenues for Jenkins County elected in pursuance and in accordance with the Act entitled An Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins, to provide for the manner of their election, to define their powers and duties, and for other purposes, approved August 1, 1911, and published in Georgia Laws of 1911, pages 449 to 453 inclusive be, and they are, just as legal officers for said County of Jenkins as they would be in the event that Section two of said Act to be amended by this Act had never existed, and they are hereby authorized to exercise all the powers and perform all the duties conferred and imposed upon the office of County Commissioners under the Act in pursuance of which they were elected. Officers elected under Act 1911 declared legal. SEC. 4. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 26, 1912. MACON COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 421. An Act to amend an Act approved August 26, 1872, entitled An Act to create a Board of Commissioners of Roads and Revenue for the County of Macon, and to define the power and duties thereof, so as to prescribe the method of electing the Commissioners of Roads and Revenue of said County of Macon, to define their powers and duties, to prescribe their salary, and to fix their term of office; and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the above recited Act approved August 26, 1872, be, and the same is, hereby amended by striking out all of Section 1 thereof, after the word members in the fourth line of said Section, and inserting in lieu thereof the following: The said County of Macon shall be divided into five Commissioner districts, to-wit: The Marshallville Militia District shall constitute one, and be known as Commissioner District Number One (1); the Montezuma Militia District shall constitute one and be known as Commissioner District Number Two (2); the Oglethorpe and English Militia Districts, together, shall constitute one and be known as Commissioner District Number Three (3); the

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Grangerville Militia District shall constitute one and be known as Commissioner District Number Four (4); and the Garden Valley and Hicks Militia Districts, together, shall constitute one, and be known as Commissioner District Number Five (5); so that said Section 1 of said original Act, when so amended, shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, there shall be established a Board of Commissioners of Roads and Revenues for the County of Macon, consisting of five members; the said County of Macon shall be divided into five Commissioner districts, to-wit: The Marshallville Militia District shall constitute one and be known as Commissioner District Number One (1); the Montezuma Militia District shall constitute one and be known as Commissioner District Number Two (2); the Oglethorpe and English Militia Districts, together, shall constitute one and be known as Commissioner District Number Three (3); the Grangerville Militia District shall constitute one and be known as Commissioner District Number Four (4); and the Garden Valley and Hicks Militia Districts together, shall constitute one and be known as Commissioner District Number Five (5). Five Commissioner districts. SEC. 2. Be it further enacted, That said above recited Act approved August 26, 1872, be further amended by inserting between Sections one and two thereof the provisions following, viz.: That at the next general election for county officers to be held on the first Wednesday in October, 1912, there shall be elected by the qualified voters of the said County of Macon, one Commissioner of Roads and Revenues from each of the above named five Commissioner districts; and no person shall be eligible to election as such

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Commissioner unless he is a bona fide resident of the said Commissioner district from which elected, is a freeholder, and qualified for election as a member of the General Assembly of Georgia. Election of District Commissioners. SEC. 3. Be it further enacted, That the ballot to be voted at said election shall have written or printed thereon, the name of the candidate and the Commissioner district for which he offers for election; and at said election the person offering for election in each of said Commissioner districts, who shall receive the highest number of votes in the entire county, shall be declared elected. Election, how held. SEC. 4. Be it further enacted, That the Commissioners so elected shall be commissioned by the Governor of the State of Georgia, and their term of office shall begin on the first day of January next succeeding their election; and before entering upon the duties of said office, they shall take and subscribe the oath now required by law, before the Ordinary of said County of Macon, who shall file and keep said oath in his office. How commissioned. Oath. SEC. 5. Be it further enacted, That the Commissioners so elected on the first Wednesday in October, 1912, shall hold their office during the time and for the term as follows: The term of two of said Commissioners shall expire on January 1, 1915, and the term of the other three of said Commissioners shall expire on January 1, 1917; and thereafter the terms of said Commissioners shall be four years. The said Commissioners so elected on the first Wednesday in October, 1912, shall meet at the court house on the first Tuesday in November following said election, and shall then and there determine by lot among themselves which two shall hold for the short term as above provided, and

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which shall hold for the long term and, upon such determination being made, they shall at once notify the Ordinary, who shall in turn notify the Governor, and said Governor shall issue commissions to the persons so elected in accordance with such determination as to terms. Terms of office. SEC. 6. Be it further enacted, That should a vacancy occur in the office of Commissioner of Roads and Revenue, as herein provided for, the Judge of the Superior Court of Macon County, upon the fact of such vacancy being made known to him, shall appoint a qualified citizen of the Commissioner's district affected by such vacancy, and such appointee shall hold said office until the next general election for county officers in said county; such appointee shall take the oath prescribed before the Ordnary of said county before entering upon the discharge of his duties. Vacancy, how filled. SEC. 7. Be it further enacted, That said members constituting the said Board of Commissioners of Roads and Revenue shall, each, receive the sum of seventy-five dollars ($75.00) per annum, to be paid out of the county treasury at such time as they may determine, and said sum shall be in full for their services, and they shall receive no other nor further compensation therefor. Compensation of Commissioners. SEC. 8. Be it further enacted, That at their first meeting in January, 1913, the said Commissioners so elected shall elect one of their number as Chairman, who shall hold his said office as Chairman for two years, unless removed by a majority vote of the Commissioners; he shall preside at all meetings of the Board when he is present; he shall be the executive officer of said Board, and shall sign as Chairman thereof, all contracts and county warrants, which shall also be countersigned by the Clerk of said Board; he shall,

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when it is deemed necessary, call special meetings of said Board, and shall through the Clerk of said Board give to the other members thereof, at least one day's notice of such meetings. Chairman and his duties. SEC. 9. Be it further enacted, That at said first meeting in January, 1913, said Board shall also elect one of their number as Vice-Chairman, who shall, in the absence of the Chairman, preside over the meetings of said Board, and discharge all other duties required of the Chairman. Vice-Chairman. SEC. 10. Be it further enacted, That at said first meeting of said Board in January, 1913, they shall elect a Clerk of said Board, who shall hold his office for a term of two year unless sooner removed therefrom by said Board, for neglect of duty, incompetency, or other cause. Before entering upon his duties as Clerk, the person so elected shall give a bond with good and sufficient security, to be approved by said Board of Commissioners, in the sum of one thousand dollars, conditioned for the faithful performance of his duties as such Clerk. It shall be the duty of said Clerk to attend all meetings of said Board, to file and preserve all its records and papers, to countersign, officially, all warrants, orders and contracts, and to record all papers required to be recorded, and to keep full and fair minutes of all proceedings of said Board, including the assessment of taxes, and he shall also keep a separate and detailed account in a well-bound book of all orders drawn on the county treasury, showing for what drawn and on what fund drawn; and he shall perform all other duties which may, from time to time, be required of him by said Board. Said Clerk shall receve a salary of three hundred and fifty dollars per annum as his compensation, and shall receive no other costs nor fees whatever. Clerk. Bond. Duties. Salary.

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SEC. 11. Be it further enacted, That at any meeting of said Board when only three of the Commissioners are present, it shall require a unanimous vote or concurrence to pass any order, or transact any business, and in the absence of such concurrence, all business attempted to be transacted shall be null and void. Unanimous vote of three to pass any order. SEC. 12. Be it further enacted, That the said above recited Act, approved August 26, 1872, is continued in full force and effect in all particulars, except as amended and changed by the provisions of this present Act. 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 9, 1912. MARION COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 419. An Act to amend An Act to create a Board of County commissioners of Roads and Revenues in the County of Marion; to define their powers and duties, and for other purposes, approved December 15, 1897, by increasing the number of the members of said Board to five; to provide for their election, terms of office, qualifications, 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 the above recited Act entitled An Act to create a Board of County Commissioners of Roads and Revenues in the County of Marion; to define their powers and duties, and for other purposes, be, and the same is, hereby amended by striking therefrom Sections 1 and 2 and substituting in lieu thereof the following: Section 1. That from and after the passage of this Act the Board of County Commissioners of Roads and Revenues of the County of Marion shall be composed of five honest, upright and intelligent citizens of said county, and who have bona fide resided therein for 12 months next preceding their respective elections. They shall be elected in the same manner as county officers are elected and shall qualify and enter upon the discharge of their duties at once after election and qualification, and their elections shall be declared as other county officers are, and in case of a contest, it shall be conducted the same as contests of county officers are. Amending clauses. Section 2. The first election after the passage of this Act shall be at the regular State election to be held in 1912, at which there shall be elected five County Commissioners of Roads and Revenues of said county, two of whom shall hold office for a term of two years, and the other three for a term of four years; the persons so elected shall among themselves by lot determine which of the terms each shall have. At the next regular election for county officers in 1914 there shall be elected two Commissioners to succeed those drawing the short terms, and at the election of county officers in 1916 there shall be three Commissioners elected to succeed those who drew the long terms, and the election of said Commissioners shall continue to alternate biennially, two at one election and three at the other, as their

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respective terms expire. Should a vacancy occur on said Board, the same shall be filled by appointment by the Ordinary of said county, said appointee to hold until the next regular election; the present three Commissioners shall continue in office until their successors are duly elected and qualified. SEC. 2. Be it further enacted, That Section 4 of said Act be amended by striking after the word said in the first line thereof and before the word it in the second line thereof, the words Board by the Grand Jury of the County, and substituting in lieu thereof the word Commissioners. SEC. 3. Be it further enacted, That Section 5 of said Act be amended by striking the word two whenever it appears in said Section and substituting therefor the word three, so that said Act as amended shall read as follows: Section 1. From and after the passage of this Act the Board of County Commissioners of Roads and Revenues of Marion County shall be composed of five honest, upright and intelligent citizens of said county, and who have bona fide resided therein 12 months next preceding their respective elections. They shall be elected in the same manner as county officers are elected, and shall qualify and enter on the discharge of their duties at once after their election and qualification, and their election shall be declared as other county officers are, and in case of a contest it shall be conducted as contests of county officers are. Five Commissioners. How elected. Sec. 2. The first election after the passage of this Act shall be at the regular State election to be held in 1912, at which there shall be elected five county Commissioners

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of Roads and Revenues for said county, two of whom shall hold office for a term of two years, and the other three for a term of four years; the persons so elected shall among themselves by lot determine which of the terms each shall have. At the next regular election for county officers in 1914 there shall be elected two Commissioners to succeed those drawing the short terms, and at the election for county officers in 1916 there shall be three Commissioners elected to succeed those who drew the long terms, and the election of said Commissioners shall continue to alternate biennially, two at one election and three at the other, as their respective terms expire. Should a vacancy occur on said Board the same shall be filled by appointment of the ordinary of said county; said appointee to hold until the next regular election. The present three Commissioners shall continue in office until their successors are duly elected and qualified. First election. Terms of office. Sec. 3. Be it further enacted, That no person shall be competent to serve on said Board until he shall have taken the following oath of office, which shall be administered by the Judge of the Superior Court, the Clerk of said Court, or the Ordinary, which oath shall be recorded in the book of records of the proceedings of said Board hereinafter provided for, to-wit: `You, and each of you, do solemnly swear that you will faithfully discharge the duties of the Commissioners of Roads and Revenues, and in all matters which require your official action you will so act as in your judgment will be most conducive to the welfare and prosperity of the entire county.' Oath. Sec. 4. Be it further enacted, That upon the election of said Commissioners, it shall be the duty of the Clerk of the Superior Court to certify to the Governor, under the

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seal of his office, the names of the persons so chosen, and the Governor shall, upon the receipt thereof, commission them for the term to which they may have been respectively elected, and upon presentation of their commissions and taking the oath above prescribed, they shall enter at once upon the discharge of their duties. Commissions. Sec. 4. Be it further enacted, That three of said Board shall be a quorum, and three must concur to pass any order, or let any contract, or pledge the county credit, or grant or allow any claim against the county. Quorum. Sec. 5. Be it further enacted, That said Board when sitting for county purposes, shall have exclusive jurisdiction over the following subject-matters: 1st, in governing and controlling all county property as they may deem best according to law; letting, hiring, or farming out the county convicts of said county within the limitations prescribed by Section 1039 of the Penal Code of 1895. Second, levying taxes for county purposes in accordance with law. Third, in examining and auditing accounts of all officers or persons having care, management, keeping, controlling, or disbursing of money belonging to the county, or appropriated for its use, and to bring them to settlement. Fourth, in examining, auditing, allowing, and settling all claims against the county. Fifth, in making such rules and regulations for the support of paupers, and the promotion of the health of the county as are not inconsistent with the laws of this State. Sixth, in establishing, altering, abolishing, or opening roads, bridges, and ferries in accordance with law. Seventh, in the appointment of road commissioners, and in the general management of the roads, bridges, and revenues of the county, and exercise all the powers over county officers in said county as is now exercised by the Ordinary.

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To grant or refuse to grant license to sell spirituous liquors in said county, in their discretion, according to existing laws. Jurisdiction. Sec. 6. Be it further enacted, That said Commissioners shall hold at least one meeting each month, and shall keep a record of all their proceedings in a well-bound book, to be purchased by them for the purpose and paid out of the county treasury on their order, and shall submit the same to the inspection of the Grand Jury at each regular term of the Superior Court. Said Commissioners may hold special sessions in addition to the regular monthly sessions whenever the interest of the county demands it, and they shall at their first meeting after their organization under this Act appoint some suitable person to serve as Clerk, who shall take the following oath, to-wit: `You do solemnly swear that you will well and faithfully perform the duties required of you as Clerk of said Board of Commissioners,' and in addition to the above oath, said Clerk shall be required to give bond in the sum of five hundred ($500.00) dollars for the faithful performance of his duties. The term of office of said Clerk shall be three years, unless removed by said Commissioners, they having the power to do so. It shall be the duty of said Commissioners, in their discretion, to fix the salary of said Clerk. Meetings must be held at least once a month and records kept. Clerk. Oath. Bond. Sec. 7. Be it further enacted, That said Board of Commissioners shall meet at the court house, or some other convenient place, as they see fit, at the county site on the first Monday in each month, and on such other day as they may determine. The members of said Board shall be paid the sum of two dollars ($2.00) per day for the time they are actually engaged in their official duties, to be paid by the county treasurer on the order of said Board. Time and place of meeting. Compensation.

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Sec. 8. Be it further enacted, That said Board shall have the same power and authority to punish for contempt of their Court as the Courts of Ordinary have in this State. Contempt. Sec. 9. Be it further enacted, That for the purposes and conveniences of this Act, the county shall be divided into five road districts, as follows: The Buena Vista District shall be Road District No. 1. The Draneville and Doyle Districts shall compose Road District No. 2. The Brantley and Pineville Districts shall compose Road District No. 3. The Tazewell District and all of that portion of Fort Perry District lying east of the Tazewell and Geneva Road, shall compose Road District No. 4. The Pineknot District and all of that portion of Fort Perry District lying west of the Tazewell and Geneva Road, shall compose Road District No. 5. Five road districts. Sec. 10. Be it further enacted by the authority aforesaid, That at the general election to be held in 1912, and in all subsequent elections, said elections to be held as hereinbefore prescribed, one Commissioner shall be elected from each one of the Road Districts as hereinbefore outlined in Section 9, but they shall be elected by the popular vote of the people of the entire county. Returns shall be made as returns in elections for other county officers are made, and the one candidate from each Road District who has received the highest popular vote shall be declared elected. All laws applicable to the election for county officers are hereby made applicable to the provisions of this bill. It shall be the duty of the Clerk of the Superior Court to certify to the Governor under the seal of his office, the names of the persons so elected, and the Governor shall, upon receipt thereof, commission them for the term to which they have been elected, and upon presentation of their commissions and

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taking the oath as heretofore prescribed, they shall enter at once upon the discharge of their duties. One Commissioner from each district. Election, commission and oath. Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1912. MILLER COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 394. An Act to amend an Act approved August 22, 1905, and entitled An Act to create a Board of Commissioners of Roads and Revenues in the County of Miller, and for other purposes, so as to provide for the election of a Clerk of said Board, to fix the salary of 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 Section 11 of an Act approved August 22, 1905, and entitled An Act to create a Board of Commissioners of Roads and Revenues in the County of Miller, and for other purposes, be amended by striking all of said Section and inserting in lieu thereof the following: Section 11. Be it further enacted, That said Board of Commissioners of Roads and Revenues shall have authority to elect a Clerk for said Board, who shall keep all records of proceedings of said Board, and who shall receive such salary as may be

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fixed by said Board, not to exceed three hundred dollars per annum, to be paid out of the county treasury. All orders must be endorsed by the Chairman and a majority of the Board before paid by the county treasurer of said county. Clerk, his duties and salary. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby amended. Approved August 7, 1912. MITCHELL COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 534. An Act to amend an Act approved February 20, 1873, and the Acts amendatory thereof, creating the Board of County Commissioners of Mitchell County, and to provide for the election of said Board of Commissioners; to provide for the employment of a County Superintendent of Roads and Bridges; to provide for a Clerk for said Board of 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 no person shall be eligible to the position of County Commissioner of said County of Mitchell who resides without the limits of the district he is to represent. Eligibility of Commissioner. Section 5. Be it further enacted, That it shall be the duty of the Board of County Commissioners to employ a

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County Superintendent of Roads and Bridges, who shall be under the direction and control of said Board of Commissioners. Superintendent of Roads and Bridges. Said Board of Commissioners shall also employ a competent Clerk, whose duties shall be to attend all the meetings of said Board, to keep accurate records of all the proceedings of said Board of Commissioners, and to perform all other duties required of him by said Board of Commissioners as such. But in no event shall any of the members of said Board of Commissioners perform the duties of Clerk to said Board, nor shall either of them perform the duties of Superintendent of Roads and Bridges and receive pay therefor while discharging the duties of County Commissioner. Clerk, and his duties. Section 6. Be it further enacted by the authority aforesaid, That all of the Act herein referred to and approved February 20, 1873, and all amendments thereto not in conflict with the provisions of this Act, are still of force and effect. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. MITCHELL COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 588. An Act to amend an Act approved February 20, 1873, and the Acts amendatory thereof, creating the Board of

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County Commissioners of Mitchell County, and to provide for the election of said Board of Commissioners; to provide for the employment of a County Superintendent of Roads and Bridges; to provide for a Clerk for said Board of 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 the Act of the General Assembly of said State approved February 20, 1873, and all Acts amendatory thereof creating the Board of County Commissioners of Mitchell County, be, and the same is, hereby amended, as follows: By striking from Section one of the amendatory Act, approved August 13, 1907, commencing on the fifteenth line after the word Commissioners, and striking the balance of said line, and all of the 16th and 17th lines and all of the 18th line including the word residence in said 18th line, and inserting therefor the following Sections: Sec. 2. Be it further enacted by the authority aforesaid, That from and after January 1st, 1913, no person shall be eligible to the position of County Commissioner of said County of Mitchell who resides without the limits of the District he is to represent. Eligibility of Commissioner. Sec. 3. Be it further enacted, That it shall be the duty of the Board of County Commissioners to employ a County Superintendent of Roads and Bridges, who shall be under the direction and control of said Board of Commissioners. Said Board of Commissioners shall also employ a competent Clerk, whose duties shall be to attend all the meetings of said Board, to keep accurate records of all the proceedings

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of said Board of Commissioners, and to perform all other duties required of him by said Board of Commissioners as such. But in no event shall any of the members of said Board of Commissioners perform the duties of Clerk to said Board, nor shall either of them perform the duties of Superintendent of Roads and Bridges and receive pay therefor, while discharging the duties of County Commissioner. Superintendent of Roads and Bridges. Clerk and his duties. Sec. 4. Be it further enacted by the authority aforesaid, That all of the Act herein referred to and approved February 20, 1873, and all amendments thereto, not in conflict with the provisions of this Act are still of force and effect. 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 19, 1912. MONROE COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 416. An Act to amend an Act approved August 19, 1907, creating the Board of Commissioners of Roads and Revenues of Monroe County, Georgia, and an Act approved July 23, 1908, amendatory of same, by changing the provisions contained in said Acts as to the fixed salaries to be paid the Clerk of said Commissioners and the Road

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Superintendent, so that the salaries to be paid said officers shall be discretionary with the said Commissioners; 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 4 of an Act approved August 19th, 1907, creating the Board of Commissioners of Roads and Revenues of Monroe County, Georgia, be, and the same is, hereby amended by striking the words the sum of $40.00 per month in the 34th line of said Section ofter the word compensation, and inserting in lieu thereof the following: some reasonable sum to be fixed by said Board of Commissioners at the time of electing said Clerk, and which shall not be changed during the year for which the same is fixed, so that said Section, as amended, shall read as follows: Sec. 4. That said Board of Commissioners shall, at their first meeting to be held in January, 1908, and each year thereafter, organize said Board by the election of a Chairman, whose duty it shall be to preside over said meetings, and in which he shall vote on all matters coming before said Board; but he shall have no power other than a presiding officer by virtue of his Chairmanship. The said Commissioners shall at said time elect a Clerk to be known as the Clerk of the County Commissioners, who must be a citizen of said county, but he shall not be a member of said Board of Commissioners. He must have a practical knowledge of bookkeeping, and it shall be his duty to keep a full and accurate record of all the proceedings of said Board, and to keep a complete and accurate record of all of the business of the county as contracted by said Board, showing by his accounts all moneys received by the county

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from all sources whatsoever; all claims presented to and paid by said Board, which shall be indexed under name of payee, and bearing numbers in numerical order, all of which vouchers shall be approved by the Board and so marked across the face of same by said Clerk; that he shall keep a complete and accurate cash account of all the moneys paid out under order of the Board, and with each entry of cash disbursed, he must affix the number of the voucher on the warrant for which same is drawn; that it shall be his duty to make as many statements as the Board may require, showing the financial condition of the county, and perform such other duties of clerical nature as may be required of him by said Board. He shall regularly attend all meetings of the said Board and keep the books of same stored in some vault in the court house, and subject to the inspection of the public at any time. It is hereby required that said board of Commissioners shall provide said Clerk with such blank books as may be necessary to keep said records in the order herein prescribed. Said Clerk shall receive for his compensation some reasonable sum to be fixed by said Board of Commissioners at the time of electing said Clerk, and which shall not be changed during the year for which the same is fixed, payable monthly out of the county treasury on warrant of said Commissioners. Said Clerk shall be subject to removal at any time at the instance of said Board, and shall, before entering upon the discharge of his duties, give a surety company bond payable to the county, in the sum of $2,000, which bond shall be filed with the Ordinary of said county and recorded on his minutes. Chairman. Clerk, his duties and compensation. Bond. SEC. 2. Be it further enacted, and it is enacted, by the authority aforesaid, That Section 5 of said Act approved August 19, 1907, be, and it is hereby amended, by striking from the sixteenth and seventeenth lines thereof, after the

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word salary, the words of not more than $75.00 per month, and inserting in lieu thereof, to be fixed by said Board of Commissioners at the time of electing said Superintendent, and which shall not be changed during the year for which the same is fixed, so that said Section, as amended, shall read as follows: Sec. 5. That said Commissioners shall in each year, at their first meeting, elect a Road Superintendent, who shall have some practical knowledge of road building and road repairing, whose duty it shall be to assume charge and control of the chain-gang and convicts, and such other hands and equipment as may be provided by said Board for the building and repairing of roads, who shall devote all of his time to the faithful and efficient discharge of his duties as herein stated, and as may be further required of him by said Commissioners. He shall not be a member of said Board of Commissioners, and shall be subject to removal at any time by said Board, and before assuming the duties of his office he shall give a surety company bond in the sum of $2,500, payable to said County of Monroe, conditioned upon his faithful discharge of the duties required of him by said Commissioners, which bond shall be filed with the Ordinary and recorded on his minutes. Said Road Superintendent shall receive a salary to be fixed by said Board of Commissioners at the time of electing said Superintendent, and which shall not be changed during the year for which the same is fixed, which shall be paid monthly on warrant of said Commissioners, out of the county funds. Road Superintendent, his duties and compensation. SEC. 3. Be it further enacted, and it is hereby enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 9, 1912.

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MONTGOMERY COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 488. An Act to amend An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Montgomery, and to define the powers and duties of the same, approved February 22, 1873, so as to provide for compensation for the members of said Board, and for other purposes, said last mentioned Act being amended in the Acts of 1897, and said Act being amended in the Acts of 1906, page 444, and approved August 20, 1906, and to amend all parts of said Acts in conflict with this Act, and for other purposes, so as to add another Section to said Act of 1911, making said added Section No. 6 and renumbering said the last Section of said Act No. 7, said Section now being numbered as Section 6, so said added Section will provide for the Road Tax in said County of Montgomery to be collected in each militia district and spent on the roads in said district, and to provide for monthly publications of each item spent by the Commissioners of Roads and Revenues in and for said County in the public gazette in said county; to provide a penalty for a failure and refusal so to do, 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 to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Montgomery, and to define the duties and powers of the same, approved February 22, 1873, so as to provide for compensation for members of said Board, and

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for other purposes, said last mentioned Act being amended in the Acts of 1897, approved December 20, 1897, and said Acts amended in the Acts of 1906, page 444, and approved August 20, 1906, and to amend all parts of said Acts in conflict with this Act, and for other purposes, so as to add another Section to said Act of 1911, making said added Section No. 6, and renumbering the last Section of said Act No. 7, said Section now being numbered as Section No. 6, so added Section will provide for the road tax in said County of Montgomery, to be collected in each militia district and spent on the public roads in said district where collected, and to provide for monthly publications of each item spent by the Commissioners of Roads and Revenues in and for said county in the public gazette in said county, to provide a penalty for a refusal and failure so to do, and for other purposes, said Section being as follows: Section 6. Be it further enacted by the authority aforesaid, That the road tax in and for the county of Montgomery shall be collected by the proper authorities in each militia district in the county, and retained in the district where collected and spent on the public roads in the district where collected, and at no other place; that the Commissioners of Roads and Revenues in and for said county are hereby required under penalty of removal from office for a failure so to do to publish monthly statements of each item spent, where spent, for what spent and for whom, and to whom the same was paid and why it was paid, said statements to be published in the public gazette in said county at just as little expense as possible. Road tax, how collected and spent. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912.

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PIERCE COUNTY, BOARD OF COMMISSIONERS CREATED. No. 420. An Act to create a Board of County Commissioners for the County of Pierce, and to define their duties and powers and fix their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after January 1, 1913, a Board of County Commissioners for the County of Pierce, to consist of five persons, is hereby created. Said Commissioners shall be freeholders of said county and otherwise eligible to hold county office, and shall be bona fide residents of the Commissioner's District from which they are elected, which districts are defined in Section 2 of this Act. Pierce County, Board of Commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That, for the purpose of this Act, the said County of Pierce shall be divided into five Commissioner's Districts, to be constituted as follows, to-wit: The First Commissioner's District shall be composed of the Blackshear (584th) Militia District; the Second Commissioner's District shall be composed of Sweat's (1330th) Militia District; the Third Commissioner's District shall be composed of Walkersville (1609th) Militia District, Coffee (1250th) Militia District and Bristol (1694th) Militia District; the Fourth Commissioner's District shall be composed of Patterson (1181st) Militia District and Dowling's (1491st) Militia District; and the Fifth Commissioner's District shall be composed of Hoboken (1534th) Militia District and Schlatterville (590th)

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Militia District. The Commissioners aforesaid shall have authority, by a majority vote of said Board, to attach any new militia district or districts to any one of said five Commissioner's Districts. Road districts. SEC. 3. Be it further enacted by the authority aforesaid, That said Board of five Commissioners shall be elected by the qualified voters of said county at an election to be held at the several election precincts therein on the first Tuesday in November, next, under the laws governing the election of other county officers and now of force in this State; said election shall be held by the same managers holding the election in said county for a member of the House of Representatives of the United States Congress from the Eleventh Congressional District of Georgia and for electors for President of the United States. The managers of said election for county Commissioners shall consolidate the returns thereof to the county site of said county on the day succeeding said election, and shall certify the same, together with the results thereof, to the Ordinary of said county, who shall make a record of same in his office, and shall issue a commission to the five successful candidates in said election upon each taking the oath and giving the bond as hereinafter provided for. The candidates or person residing in each of said Commissioner's District, who receives the largest number of votes cast by the voters of the entire County of Pierce, shall be the one elected from said District, the purpose of this Act being that all the voters of said County of Pierce shall have the right to vote for one person from each district, and the candidate or person from each district receiving the highest number of votes in the county shall be the one that is elected from that district. Election of Commissioners.

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(a) Three of said Commissioners so elected as aforesaid shall be commissioned for a term of four years each, and two of said Commissioners shall be commissioned for a term of two years, from January 1, 1913. Promptly after the election of said five Commissioners, they shall meet at the court house of said county and decide by lot among themselves who shall serve the terms of four years and who shall serve the terms of two years, the result of which shall by them be made known to the Ordinary of said county, who shall issue the commissions in accordance therewith. Terms of Commissioners. (b) As the terms of the Commissioners first elected under the preceding provisions of this Section shall expire, their successors shall be elected at the biennial general elections of said county for county officers immediately preceding the expiration of said terms for terms of four years each, but in each case, a Commissioner shall hold until his successor is elected and qualified. The provisions of this Section as to the consolidation and certifying of results of election to the Ordinary by the managers of the election shall apply to all future elections of Commissioners under this Act, and all Commissioners elected in the future shall likewise be commissioned by the Ordinary. Biennial elections. SEC. 4. Be it further enacted by the authority aforesaid, That each person elected a Commissioner under this Act shall, before entering upon the performance of his duties, take and subscribe before the Ordinary of said county an oath to faithfully perform the duties of county Commissioner under this Act, and under the laws of this State, which oath, when taken and signed shall be recorded by the Ordinary in a book kept by him for that purpose, and no commission shall be issued to any successful candidate

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until he has given a good and solvent bond, to be approved by the Ordinary, payable to the County of Pierce, in the sum of one thousand dollars, and conditioned for the faithful performance of his duties as Commissioner, all of which bonds shall likewise be recorded by the Ordinary in the book kept by him for the record of county officer's bonds. Oath of Commissioners. SEC. 5. Be it further enacted by the authority aforesaid, That in case of a vacancy in said Board, by death, resignation, or otherwise, the other members of said Board shall have the right to fill said vacancy, and the person so selected to fill such vacancy shall be commissioned to hold said office for the unexpired portion of the term. Vacancy, how filled. SEC. 6. Be it further enacted by the authority aforesaid, That said Board shall elect one of their number as Chairman, and the Chairman so selected shall be the chief executive officer of said Board, and, before entering upon the duties of his office, he shall give an additional bond in the sum of five thousand dollars, with good security, to be approved by the Ordinary of said county, payable to the County of Pierce, and be filed and recorded in the office of the Ordinary, conditioned that he will faithfully perform all the duties incumbent upon him as Chairman of said Board, and will faithfully account for all moneys coming into his hands and passing under his control. He shall have the power to direct the expenditures of the county's money for county purposes, under the supervision and general direction of the Board, and shall be charged with the duty of seeing that they are properly and correctly expended lawfully and in accordance with the purpose to which they shall be devoted or ordered to be expended by the Board, and all county warrants and orders for the payment of money shall be signed by him. Chairman and his duties.

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SEC. 7. Be it further enacted by the authority aforesaid, That the Chairman of the Board shall have the authority to appoint a Clerk, who shall, in addition to keeping the minutes of the Board and a record of its proceedings and acting as its Clerk, act generally as Clerk to the Chairman, and keep a full financial record, under the direction of the Chairman, of all county moneys and the expenditures thereof, and shall keep a faithful account of all properties belonging to the county. It shall be the duty of said Clerk to keep on file and preserve all papers relating to the business of the Board; to keep in a special book a statement of all taxes levied and for what purposes, and, also, an inventory of all county property, including all road machinery, live stock, chain-gang outfit and road working tools; to keep in a record separate from other financial affairs of the county an accurate and itemized account of all expenditures applied to the working of the convicts and for all supplies and pay of guards furnished in behalf of the chain-gang; he shall also keep a separate book in which shall be kept an account with the overseers of the county for commutation tax and for tools furnished them; he shall also keep an itemized statement of all accounts ordered paid by the Board of Commissioners, and shall show what fund is liable for the payment of said account; he shall also keep a book to be known as the record of county vouchers, in which shall be kept a complete record of all warrants, or vouchers, drawn on the treasury of the county, which record shall show by proper entries the fund from which same is payable, the persons to whom payable, the date of record and the amount of said voucher or warrant. The vouchers or warrants shall be issued by the Clerk, but signed by the Chairman, but in no instance shall any warrant or voucher be issued until same shall have been approved by the Board of Commissioners, and the date of record and the date of approval

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by the Board shall be entered on each voucher or warrant, and the Treasurer of the said County of Pierce shall not pay any warrant or voucher unless such date of record and date of approval appear on the face of the voucher or warrant. Such Clerk shall keep such other records and accounts as he shall be directed to keep by the Chairman, or by the Board; all records provided for in this Section shall be kept at the county Commissioner's office at the court house of said county, and shall be open for public inspection. Said Clerk shall also make up and publish quarterly in the official organ of the county a condensed statement showing amounts collected and expended on behalf of the county, and shall preserve a copy of such report as a part of his records. His salary shall be fixed by the Board. If the Board sees fit to do so, it may authorize the Chairman to act as Clerk and to receive the salary fixed for that office in addition to his compensation as Chairman of the Board. In either event, the Chairman of the Board shall be ultimately liable for the conduct or misconduct of this Clerk, and it shall be his duty to see that the Clerk faithfully performs all the duties of his office. The Clerk shall be subject to be discharged by the Chairman, or removed by the Board at any time upon a majority vote of the Board, in, their discretion. Clerk, his duties and salary. SEC. 8. Be it enacted by the authority aforesaid, That the members of the Board, other than the Chairman, shall receive as compensation for their services $3.00 per day for each day's actual service in attendance on the meetings of the Board, but, in no event, shall be paid more than the sum of $48.00 each, in any one year. The Chairman shall receive as compensation for his services $4.00 per day for each day's service in attendance on meetings of the Board, and shall be paid a similar sum for each day's service rendered

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by him in supervising and directing the work being done on public roads, bridges, buildings, and other county work, and, in addition thereto, shall be allowed the actual expenses incurred by him for team hire and board in traveling from place to place in the county to do the work specified, upon filing with the Board an itemized statement of such expenses, showing dates each item of expense was incurred, to whom and for what it was incurred and the amount thereof, which shall be approved by the Board and a voucher ordered to issue. Compensation of Commissioners. Compensation of Chairman. SEC. 9. Bt it enacted, That said Board shall hold monthly sessions at the 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. Special terms are to be called by the Chairman, or by a majority of the Board. Three members of said Board shall constitute a quorum at any regular or special or adjourned meeting, but to the passage of any matter requiring official action the vote of at least three members, including the Chairman, shall concur, irrespective of the number present. Sessions shall be held monthly. Special terms. SEC. 10. Be it enacted, That the County Commissioners shall be exempt from road and jury duty during their term of office. Exemptions. SEC. 11. Be it further enacted by the authority aforesaid, That said Board may, in their discretion, elect some competent lawyer as County Attorney, who shall advise said Board, when requested so to do, on any legal point or question about which said Board shall desire information. He shall also represent said County of Pierce in any litigation that may arise in which said county is a party. For

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his services he shall be paid such salary or compensation as may be agreed upon by said Board. Whenever it is deemed necessary, the Board may employ additional council to assist the County Attorney. Legal counsel SEC. 12. Be it further enacted by the authority aforesaid, That said Board shall have the power to employ a County Physician, for the purpose of giving medical attention to prisoners, convicts, paupers and any other matters requiring the services of a physician, in the administration of which the County Commissioners stand charged. In employing said County Physician, the County Commissioners may, in their discretion, more definitely outline his duties. The compensation of such physician shall be fixed by the Board. County Physician. SEC. 13. Be it enacted, That all process, original, mesne or final, and all citations and notices issued by or on behalf of the Board shall be signed either by the Chairman of the Board or by the clerk under test of the Chairman, except in cases where the general law otherwise provides. Processes, etc. SEC. 14. Be it further enacted by the authority aforesaid, That said Board of County Commissioners shall have power to exercise exclusive and original jurisdiction and control in Pierce County over all county matters that are now vested by law in the Ordinary of said county, so far as relates to roads, bridges, public buildings, county property, convicts, management of the county jail and its fees, the control and maintenance of its paupers, assessing and collecting taxes, disbursing county money for county purposes and the execution of all laws in reference thereto, and shall have jurisdiction over all subject matters enum erated in Section 4796 of the Civil Code of Georgia of 1910,

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and all duties conferred by the laws of this State upon Ordinaries, when sitting for county purposes, and such as are generally conferred upon county authorities. Jurisdiction. SEC. 15. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become effective until submitted to a vote of the qualified voters of Pierce County, as herein provided. At the general election to be held on the first Wednesday in October, 1912, the qualified voters of Pierce County who favor the creation of a Board of County Commissioners of Pierce County, as provided for by this Act, shall have written or printed on their ballots, for which purpose separate ballots shall be provided, the following words: For County Commissioners of Pierce County. Those who oppose the creation of a Board of County Commissioners for Pierce County, shall have written or printed on their ballots the following words: Against County Commissioners for Pierce County. Should a majority of the qualified voters of said county voting at said election upon said question vote For County Commissioners for Pierce County, then, and in that event, this Act shall become of full force and effect, and not otherwise. The manager 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 list of voters for said election. The vote shall be consolidated as the vote in said general elections, and the returns thereof made to the Ordinary of Pierce County, and said Ordinary shall declare the result of said election. Act not effective until favorably passed upon by voters. 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 9, 1912.

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PIKE COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 428. An Act to amend an Act approved October 31, 1870. Said last named Act adopting the provisions of an Act approved March 17, 1869, creating a Board of Commissioners of Roads and Revenues for the County of Harris, and making them applicable to the County of Pike, by changing the term for which Commissioners under said Act shall be elected for the County of Pike. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act approved October 31, 1870, be, and the same is, hereby amended by striking from the first Section of said Act that portion fixing four years as the term of office of those elected thereunder, and inserting in lieu thereof the following provision: The term of office of the three persons receiving the greatest number of votes at the next regular election to be had in said county on October next shall continue respectively two, four and six years, and until their successors are qualified. The persons so elected shall, among themselves, determine by lot which of the terms each shall have, and they shall be commissioned accordingly by the Governor. All terms, after the expiration of the terms aforesaid (except unexpired terms) shall continue six years and until their successors are qualified. Pike County, Commissioners of, terms of office. 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, 1912.

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PULASKI COUNTY, COMMISSIONER, OFFICE OF, ACT CREATING AMENDED. No. 342. An Act to amend An Act to create the office of Commissioner of Roads and Revenues for the County of Pulaski, to provide for his election, to define his duties and compensation, to provide for his transportation and clerical expenses, and for supervisors to aid said Commissioner, to define their duties, and to provide for their election; and for other purposes, approved August 12, 1911; this amendment being designed to make clear beyond question to any judicial interpretation, that all vacancies in said office shall be filled by popular election, and not by judicial appointment; and also to make the recall of a Commissioner subject to the popular will, whether for wilful neglect of official duties, from continuous mental or physical disability, or from other cause; and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 18 of the said Act shall be amended so as to read as follows: In case of a vacancy in the office of Commissioner, the Ordinary shall execute the duties of said office until the vacancy is filled as hereinafter provided, viz., the Ordinary shall order an election to fill such vacancy in the said office, to be held within not less than 50 nor more than 60 days from the time the vacancy occurs, and the successful candidate to qualify and take office as soon thereafter as practicable. Vacancy, how filled.

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SEC. 2. Section 19 of said above mentioned Act shall be amended so as to read as follows: If the Commissioner shall fail to perform faithfully the duties of his office under this Act, whether from wilful neglect, from any mental or physical disability, or from any other cause that popular judgment may pronounce as unfitting him for the proper conduct of the public welfare, he may be recalled and his successor elected in the following manner: Upon the presentation of a petition of one-fifth of all the duly qualified voters of the county, as shown by the last registration list, and certified to have been fairly obtained by the free will of the signatories thereto, such petition stating their grievances and asking the recall of the Commissioner, the Ordinary shall order an election for the office to be held within not less than 50, nor more than 60 days thereafter. Recall of Commissioner. If the Commissioner shall obtain a plurality of the votes cast at such election, he shall be sustained, and continue in office. If not, the candidate receiving such plurality shall be declared elected to that office, and shall immediately qualify, and enter upon the discharge of its duties. SEC. 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved July 29, 1912.

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RICHMOND COUNTY, ACT ESTABLISHING REFORMATORY AMENDED. No. 511. An Act to amend an Act entitled An Act to establish in the County of Richmond, in this State, a Reformatory Institute; to provide for the maintenance and conduct of the same, and for other purposes, approved October 6, 1885, and published on pages 599-601 of the published laws, so as to confirm all collections made for the bene fit of said Institute from the taxpayers of Richmond County, and the title to all the property now standing in the name of said Institute; to provide for the future maintenance of said Institute; to provide for the sentence and commitment of certain persons to said Institute, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled An Act to establish in the County of Richmond, in this State, a Reformatory Institute; to provide for the maintenance and conduct of the same; and for other purposes, approved October 6, 1885, and published on pages 599-601 of the public laws of 1885, be, and the same is, hereby amended by adding thereto the following: All collections of money made by or through the taxing or other officers of Richmond County from the tax payers of said county under and by virtue of said Act, or otherwise, for the benefit of said Reformatory Institute since the adoption of said Act and the incorporation of said Institute be, and the same are, hereby confirmed and ratified. In all cases where the tax for Richmond

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County has been made up in part of a special percentage or proportion for the benefit of said Reformatory Institute is hereby declared to have been the property of said Reformatory Institute as soon as collected from the taxpayers by any officer, or by said County of Richmond, and to have been held in trust for the benefit of said Reformatory Institute until actually paid over to said Institute, and all property purchased with such moneys so collected from the taxpayers of Richmond County is declared to be the property of said Reformatory Institute. Reformatory Institute, property of. SEC. 2. Be it further enacted by the authority aforesaid, That on the first Wednesday in October, 1912, there shall be submitted to the qualified voters of the County of Richmond who are registered to vote in the general State election, the determination as to whether or not the said Reformatory Institute shall be continued to be supported by taxation levied upon the property of the tax payers of Richmond County for that purpose. At such election all who are in favor of the continuance of the maintenance and conduct of said Reformatory Institute by taxation shall cast a ballot with the words written or printed thereon, For the Reformatory, and those opposed to the continuance and conduct of said Reformatory by taxation shall cast a ballot with the words written or printed thereon, Against the Reformatory. The managers of the general election shall be the managers for this election, but separate ballot boxes shall be employed; and said managers shall declare the result of said election, and said declaration shall be entered upon the minutes of the Superior Court of Richmond County. Should the majority of the votes cast at such election be in favor of the continuance and conduct of said Reformatory Institute, then the Board of County Commissioners for the County of Richmond, or

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their successors, shall levy from time to time such tax for the benefit of said Reformatory Institute as may be found necessary. Such tax shall not be levied except upon the recommendation of a Grand Jury, and while said recommendation of the Grand Jury shall not be mandatory, it shall be given great consideration by said Board of County Commissioners. The moneys thus collected shall be turned over to the said Reformatory Institute for disbursement and use by the Commissioners in charge of said Reformatory Institute. Should said vote be against said Reformatory Institute there shall no longer be a duty upon said Board of County Commissioners to levy a tax for the benefit of said Reformatory. Election or against Reformatory. SEC. 3. Be it further enacted, That, in addition to the purposes already authorized, said Reformatory Institute may be employed and used for any of the following purposes: To commit thereto all children in the County of Richmond that could be committed to a charitable institution incorporated under Sections 2845 and following of the Code of Georgia of 1910; to commit all children thereto that could be committed to the Georgia Industrial Home or other like institution under Sections 2862 and following of said Code; to commit thereto all children from the County of Richmond that are committed or sentenced under the provisions of the Act creating the Children's Court, and set forth in Sections 885 and following of the Criminal Code of 1910; to commit all children thereto that could be committed to any individual or charitable or eleemosynary institutions under Sections 3024 and following of the Code of Georgia of 1910. Reformatory Institute used for what purposes. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this

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Act and the provisions hereof be, and the same are, hereby repealed. Approved August 16, 1912. SCREVEN COUNTY, COMMISSIONER, OFFICE OF CREATED. No. 596. An Act to revise and consolidate the laws governing the administration of the county affairs of Screven County, including the laws applicable to the roads and smaller bridges in said county; providing for the reduction of the Board of Commissioners of said county from eleven (11) in number, or one from each Militia District in said county, to one elected by the voters of the entire county; defining his powers, duties and qualifications; fixing his salary; providing for the appointment by him of other necessary overseers or employees, specifying their duties, qualifications and compensation; providing that all taxes, commutation and property taxes, collected from each Militia District, be spent therein; providing that in the event of an emergency brought on by Providential causes, that a temporary loan may be made from one Militia District's fund to another; 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 all the powers given the Board of County Commissioners of the County of Screven by the Act of the

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General Assembly of Georgia, which was approved December 9th, 1871, and contained in Section 8 of said Act is hereby given the Commissioner, provision for which is made in this Act of the Legislature, with the exception of the provision made in the last line of Section 1, which is not now applicable. Screven County, Commissioner of. Powers. Any of the other provisions of the above mentioned Act as well as the general provisions of the Acts of 1890 and 1891, Volume 1, known as the General Road Law, which was approved October 21st, 1891, and which are not in conflict with the powers and provisions of this bill, and which will be hereinafter set forth, are hereby confirmed and declared applicable, and are not intended to be repealed by this Act; but where specific provision is made in this Act which conflicts with any of the provisions of the two Acts of the Legislature mentioned, or any other provisions of law, they are hereby repealed. SEC. 2. Be it further enacted, That at the general election held the first Wednesday in October, 1912, and biennially hereafter, there shall be elected a County Commissioner for the County of Screven, whose term of office shall begin the first day of January, 1913, and continue for two years or until his successor is elected and qualified. All of the qualified or legally registered voters of the County of Screven, shall be entitled to vote in this election, and said election shall be held at the same time by the same parties and in the same manner as the elections for other county officials are now held, and the election returns consolidated and the election declared as is now provided by law in such cases. Election of Commissioner. SEC. 3. Before entering upon the discharge of his duties as such Commissioner, he shall take oath before the

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Ordinary of said county to faithfully, equitably, justly and impartially discharge all of the duties of his office; and in addition shall give bond before the Ordinary or his successors in office for the use of the county, in the sum of five thousand ($5,000.00) dollars, conditioned to respond in damages for any failure on his part to perform his duties, whereby on account of said failure the county might be endamaged, or any part of said county. Oath. Bond. Said Commissioner shall receive a salary of one hundred ($100.00) dollars per month, which shall be paid out of general fund. Salary. SEC. 4. Said Commissioner immediately upon entering upon the discharge of his duties, shall apportion to each militia district within the County of Screven, the commutation taxes paid by persons in each militia district, and the property taxes collected from property in each militia district for road purposes, and shall have same expended on the public roads and what is called the small or hollow bridges of each militia district. Apportionment of taxes. For the purpose of carrying into effect the provisions of this Act, the Commissioner is hereby authorized to select a competent Clerk, whose duties shall be specifically defined by him, but whose general duties shall be to keep a set of books, showing all of the funds received for road purposes from whatever source received, from whom and from what militia district as well as all disbursements, for what paid, and to whom and in what district expended. Clerk and his duties. The collector of commutation taxes from each militia district shall give the parties a receipt and keep a stub or copy of all receipts given showing from whom and from what district. For this service he shall be paid out of the

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general funds of said county the sum of three hundred ($300.00) dollars per annum, unless his compensation should be fixed at a different amount by the Grand Jury of Screven County, which convenes in May, 1913. Salary of Clerk. SEC. 5. Be it further enacted, That it shall be the duty of the Commissioner of said county to provide, keep and maintain what is known as a general repair gang, composed of not more than twenty, nor less than eight laborers, as may be necessary, and he shall have the authority to select and appoint an overseer at a salary of not more than sixty ($60.00) dollars per month, whose duty it shall be to look after general repair work of the roads and smaller bridges of the county, which need repair on account of excessive rains, storms or any other reason. Repair gang. Overseer and his salary. He shall also have authority that in the event of sudden emergency brought on by disastrous storms, to appoint or bring into service two additional overseers who can be used in repairing or other work upon the roads and bridges, for which time that they are actually employed they shall receive a salary of not more than ($50.00) fifty dollars per month, each, and as much less as their services can be secured for; as soon as the emergency passes, or work is done, their services shall be dispensed with and their salaries cease. Additional overseers, when employed and salary of. He shall also have authority should it become necessary, in the straightening and preparing proper grades, to employ a competent engineer, and pay him such salary as may be agreed upon by the Commissioner and engineer. Engineer, when employed; salary, how fixed. The Commissioner under this Act shall give all of his time and attention to the administration of the county's affairs, and aid in any manner that he can in the economic

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management, of Court expenses, jail fees, and the economic administration of the chain-gang, and see that all employees faithfully perform their duties in an energetic and business like manner; and upon any failure by them so to do, he shall discharge them immediately. Commissioner must give whole time to affairs of his office. SEC. 6. Be it further enacted, That it shall be the duty of the Commissioner to expend the funds arising from the commutation and property taxes proportionately according to pro rata amounts received from each militia district, and he shall be liable to the district from which he may allow for slight errors or urgent necessities. Duties of Commissioner. This is intended to cover acts wilfully intended to divert the funds rightfully belonging to one district, for the benefit of another, and not to hamper an honest official in the proper discharge of his duty and hold him responsible for slight errors or unjust necessities. In the event that a necessary emergency arises, said Commissioner is hereby allowed the right to borrow from the funds of one district and apply same upon the roads and bridges of another; but he shall as soon as practicable return such funds to the district from the funds of the district borrowing. SEC. 7. Be it further enacted, That wheneyer it is impracticable to have the chain-gang to work or labor on the roads of particular district in any year, it shall be the duty of the Commissioner and he is hereby required to have the public roads and bridges of such district worked or repaired by free labor, or his emergency gang, or he can let out by contract to the lowest bidder any part of the roads of said district after the publication of a sufficient notice of said work, by inserting said notice in at least two issues of the

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official county organ before the letting of said contract, in which advertisement the time, place and a sufficient description of the road and the work to be done, to put bidders upon notice of what would be expected of them, and when necessary make out detailed specifications for the benefit of the bidder as well as the protection of the county; any contract for work which amounts to more than fifty ($50.00) dollars, the bidder shall be required to give a bond for the faithful performance of the same; which contract and bid shall always be filed in the Commissioner's office and become the permanent records of the same. Roads, how worked; other than by chain-gang. No private contract for work done shall be allowed for more than five dollars. SEC. 8. Said Commissioner shall be the purchasing agent for the county, and before buying any articles, goods, wares or merchandise which amount in bulk to more than ten ($10.00) dollars, he shall apply and have submitted to him at least three (3) competitive bids from legitimate dealers in the articles, goods, wares or merchandise sought to be purchased, and he shall for the same quality of goods accept the lowest bid, and such bids shall be kept on file in the office of the Commissioner, as well as all invoices of everything purchased, for public inspection; and any Commissioner who shall receive any rebates, discounts or personal perquisites, shall be guilty of a misdemeanor and punished as prescribed in the Code of Georgia, 1911. Commissioner purchasing agent for county. Said Commissioner shall have made out an itemized quarterly statement of all receipts and disbursements of his office, which shall be published in the official organ of the county every three (3) months. SEC. 9. No person shall be required to pay more than three ($3.00) dollars commutation taxes per year, which

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shall be paid on or before October 1st of each and every year; and anyone failing or refusing to pay said taxes as herein specified without a good and sufficient cause, shall be required to pay at least twice the amount for which they have defaulted, together with the expenses, and on failure to pay the same shall be sentenced by the Commissioner to work upon the public roads of their respective district not more than ten (10) days, nor less than five (5) days. Commutation taxes. Defaulters. SEC. 10. It shall be the duty of said Commissioner to have prepared and have made out an accurate list of every person who is subject to pay road tax in any district of the County of Screven, and file the same with his Clerk on or before the first day of October of each year; for which he can pay five cents for each name; and when such Commissioner wilfully fails or refuses to make out such a list, he shall become individually liable for the amounts that would have been collected. Persons subject to road tax, list made. SEC. 11. Upon the appointment of a Clerk by the Commissioner, before entering upon the discharge of his duties he shall take an oath before the Ordinary of said county to faithfully perform all duties required of him and keep an accurate and just account of the receipts and disbursements of his office, and in addition he shall give a bond to the Commissioner and to his successors in office in the sum of five thousand ($5,000.00) dollars, conditioned for the faithful and accurate accounting for by him of all funds that may come into his hands or disbursed by him, in his official capacity; and upon any deficit by him at any time, it shall be the duty of the Commissioner to institute suit in the proper Courts of this State for the recovery of the same. Oath and bond of Clerk. SEC. 12. Be it further enacted, That said Commissioner

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shall not be authorized to levy more than 2/10 of one per cent. for road purposes, unless he shall first call in conference with him the Ordinary of said county and the foreman of the Grand Jury at the spring term of Screven Superior Court, and these three, after thoroughly going over the financial condition as well as the condition of the roads of the county, shall determine that a larger levy is necessary, and in that event of course they are limited by the now existing general law. What tax levy authorized. 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 19, 1912. STEPHENS COUNTY, ROADS IN INCORPORATED TOWNS, HOW WORKED. No. 487. An Act to require the Ordinary in and for the County of Stephens to work all public roads established by law leading through each of the incorporated towns and cities in said County of Stephens with the convicts of the chain-gang of said Stephens County, in proportion as the roads of the said County of Stephens are worked by the said convicts, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act it shall

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be the duty of the Ordinary in and for the County of Stephens to require the convicts of the chain-gang of said Stephens County to work all public roads established by law, leading through each of the incorporated towns and cities in said Stephens County, in proportion as the roads of the said Stephens County are worked by said convicts; provided, that whenever the Ordinary shall order the said convicts to work in any of the said towns or cities in pursuance of this Act, the grade, style, character and place or places of said work shall be determined by the municipal authorities of the said cities or towns where said work is to be done, and when so determined by the said authorities, it shall be the duty of the said Ordinary to see that the work is done by said convicts in said towns and cities as directed by said municipal authorities. Stephens County, roads in incorporated towns, how worked. SEC. 2. Be it further enacted by the authority aforesaid, That if the Ordinary of said Stephens County refuses or neglects to require the said roads of said towns and cities to be worked, as herein directed, then the said authorities of said towns and cities are hereby authorized to compel the said Ordinary of the said Stephens County to do the work as herein directed by appropriate legal proceedings. Ordinary's duty. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Approved August 17, 1912.

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TALIAFERRO COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 430. An Act to amend the Act of 1877 of the General Assembly of Georgia, approved February 12, 1877, so far as the same relates to Taliaferro County, Georgia, and the Acts amendatory thereof, so as to substitute for the five Commissioners therein provided one Commissioner of Roads and Revenues of said county; to fix his salary and bond; to fix the salary of his Clerk; to provide for any vacancy in said office; 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 the authority of the same, That from and after January 1st, 1913, the Act of the General Assembly of Georgia, approved February 12th, 1877, (Acts 1877, pages 269-270), so far as the same relates to Taliaferro County, Georgia, be, and the same is, hereby amended, so that for said County of Taliaferro there shall be substituted for the five Commissioners therein provided for one Commissioner of Roads and Revenue for said County of Taliaferro, whose qualification, election, term of office, powers, and duties shall be the same as provided in said Act, and the general laws of said State. Taliaferro County, Road Commissioner of. SEC. 2. Be it further enacted, That said Commissioner of Roads and Revenue, before taking the oath of office as provided in said Act, shall give a good and solvent bond in the sum of five thousand dollars, payable to the Ordinary of said County, and his successors in office, to be approved

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by said Ordinary, and conditioned for the faithful performance of the duties of his office as such Commissioner. Bond. SEC. 3. Be it further enacted, That the salary for said Commissioner shall be seventy-five dollars per month during the term of his office as Commissioner, to be paid as now provided by law. Salary of Commissioner. SEC. 4. Be it further enacted, That Section VI of said Act be amended by substituting for the word fifty in the last line of said Section, the words one hundred, so that said Commissioner's Clerk may receive not exceeding one hundred dollars per annum compensation as such Clerk. Salary of Clerk. SEC. 5. Be it further enacted, That in case of a vacancy for any cause in the office of Commissioner of Roads and Revenues of said County of Taliaferro, such vacancy shall be filled in the same manner as provided by law for vacancy in the office of Clerk of the Superior Court, but the Ordinary of said county shall exercise all the powers and perform all the duties of such Commissioner from the time of the vacancy until the same has been filled according to law. Vacancy, how filled. SEC. 6. Be it further enacted, That the provisions of this Act be submitted by the Ordinary of said County of Taliaferro, Georgia, to a vote of the qualified voters of said county, at a special election to be called for, and held on, the 21st day of August, 1912, the question to be submitted being For One Commissioner, or Against One Commissioner, and if a majority of the votes polled be for the establishment of one Commissioner, this Act shall take effect, but if a majority of the votes polled be against one Commissioner, then this Act do not take effect. Act not effective until approved by voters.

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SEC. 7. The said call for the said election shall be made by said Ordinary of said county by passing an order calling said election, and entering same upon his minutes, and the result of said election shall be canvassed and declared by said Ordinary, upon the returns of the election managers, to be made at 12 M. on the 22d day of August, 1912, and said declaration of result by said Ordinary shall be entered upon his said minutes. Ordinary shall call election and declare result. SEC. 8. In the event a majority of the votes polled in said election are declared to be in favor of one Commissioner, then said one Commissioner shall be selected as provided in this Act, and for the first time on the first Wednesday in October, 1912, for a term beginning January 1st, 1913. Selection of Commissioner. SEC. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1912. TATTNALL COUNTY, BOARD OF COMMISSIONERS ACT CREATING AMENDED. No. 529. An Act to amend An Act to create a Board of Commissioners of Roads and Revenues for the County of Tattnall; to provide for the election of members thereof by the qualified voters of said county; to define their powers and duties, and for other purposes, approved August

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20, 1906, so as to provide for fixing the annual commutation tax for working the public roads of Tattnall County at an amount not to exceed three dollars a year, nor to work longer than three days in lieu thereof; to provide for collecting said commutation tax twice during the year by summoning all parties subject to road duty in each militia district of said county to meet at some designated place in the said district to be named by the proper county official; to provide for each male citizen between the ages of 21 and 50 to be subject to road duty, except those who are otherwise not subject to road duty, to provide for those citizens not desiring to work on said roads to be relieved from the same by paying three dollars in each year, said amount to be paid semi-annually, or to work three days during the said year, one and one-half days in the spring and one and one-half days in the fall; to provide for the punishment of those who fail or refuse to work the said roads in said county, or who fails or refuses to pay said sums herein designated, or who fails or refuses to work said roads in said county as directed by the proper and legal authority, or who fails or refuses to comply with any mandate of the said proper and legal authorities in said county, so that the said party failing or refusing any of the said enumerated things shall be imprisoned for ten days by the Board of Commissioners of Roads and Revenues in and for Tattnall County for not longer than ten days, or pay a fine of not less than five dollars and all costs of Court, or either or both of said judgments of the Board of the said Commissioners of Roads and Revenues in and for said county; to provide for giving the said Commissioners all the necessary and legal powers for the successful operation of the roads and bridges in and for the County of Tattnall, and to give them complete

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and absolute authority and power to manage and direct all of the working and management of the roads and bridges in said county; to do any and all necessary and legal things for the successful management of the county public roads and bridges in said county, and for any and all county purposes not given to the Ordinary of said county; to add all of the above in one Section designated as Section 15, and renumber Section 15 in said Act and make the same Section 16, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That the Act of 1906, pages 451-455, be amended by adding to said Act Section 15, so numbering said Section, and renumbering Section 15 in said Act so that it will be Section 16, said Section 15 being as follows: SEC. 15. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the commutation tax for Tattnall County shall not be more than three dollars per annum, and that the same shall be collected in semi-annual amounts, $1.50 in the spring of each year and $1.50 in the fall of each, or in lieu thereof each person subject to road duty may work three days each year, working one and one-half days in the spring of each year and one and one-half days in the fall of each year. Each male person betwen the ages of 21 and 50 years not otherwise relieved from road duty shall be subject to road duty and shall be summoned out at some central place in each district in said county twice in each year, once in the spring and once in the fall, but each named person shall be relieved from performing the said road duty in either one of the

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ways hereinbefore enumerated. Each person so summoned and required to work said roads as hereinbefore enumerated, who fails or refuses to work said roads as hereinbefore enumerated, or who fails or refuses to pay the said sums in lieu of the working of said roads hereinbefore enumerated, shall be liable to be summoned before the Board of Commissioners of Roads and Revenues in and for said county, who are hereby empowered and authorized to hear all evidence and excuse for a failure so to do the requirements in each summons, and if in their discretion the party or parties so summoned has or have not got good and sufficient reasons and excuse, he shall be imprisoned for not more than ten days, or required to pay a fine of not less than five dollars and all costs of Court, either or both in the discretion of the said Board of Commissioners of Roads and Revenues, they having full and complete power to do any and all things necessary for the proper working, keeping up and laying out of all roads in said county, for the building, keeping in repair and management of all bridges in said county, and for the management of all county matters not specially given to the Ordinary in and for said county of Tattnall. Tattnall County, commutation tax. Persons subject, how relieved from work on road. Defaulters. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912.

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TERRELL COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 407. An Act amending the Act creating the Board of Commissioners of Roads and Revenues of Terrell County, Georgia, providing for the election of a Clerk for the Commissioner of Roads and Revenues of Terrell County, Georgia, should the Ordinary refuse to act as Clerk of said Board, fixing and providing for salary of said Clerk, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly of Georgia creating the Board of Commissioners of Roads and Revenues for Terrell County, which was approved September 21, 1883, and is found on pages 506 and 507 of the published Acts for the year 1882-3, be, and the same is, hereby amended by striking out all of the first sentence of Section 3 of said Act after the second line thereof and substituting in lieu thereof the following, to-wit: Such day as the Board may designate, not less than once per month, at the court house in Dawson, so that said sentence, when amended, shall read as follows: That a majority of said Board shall constitute a quorum to transact business, and they shall meet on such day as the Board may designate, not less than once per month, at the court house in Dawson. Terrell County. Board of Commissioners, meet when. SEC. 2. Be it further enacted, That said aforesaid Act be further amended by adding thereto the following, to be designated as Section 7, to-wit: That should the Ordinary

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refuse to act as Clerk of said Board of Commissioners, the Board shall have the right to elect a clerk from their body or from the outside as they may see fit or deem best. Should the Ordinary refuse to act as Clerk then the office of the Board of Commissioners shall be removed from the office of the Ordinary of said county and be located elsewhere in the court house, at which place the meetings of said Board shall be held. Clerk. 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 9, 1912. TOOMBS COUNTY, BOARD OF COMMISSIONERS CREATED. No. 468. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Toombs, to provide for the election of Commissioners who shall constitute said Board, to prescribe their term of office, their duties, fix their salaries, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act a Board of Commissioners of Roads and Revenues in and for the County of Toombs, to consist of three persons, is hereby created; said Commissioners shall be qualified voters of

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said county, and shall be bona fide residents of the Commissioner's Districts from which they are elected, which districts are defined in Section 2 of this Act. Toombs County, Board of Commissioners. SEC. 2. Be it enacted by the authority aforesaid, That for the purpose of this Act the said County of Toombs shall be divided into three Commissioner's Districts, to be constituted as follows, to-wit: The first Commissioner's District shall be composed of Vidalia, the 51st Militia District; the second Commissioner's District shall be composed of Lyons, the 1536th Militia District, Blue Ridge Militia District, the 1192d Militia District, and Ram's Horn District, the 39th Militia District; the third Commissioner's District shall be composed of McNatt, the 1521st Militia District, Sawdust, the 1403d Militia District and Cedar Crossing, the 43d Militia District. The Commissioners aforesaid shall have authority by a majority vote of said Board to attach any new Militia District that may be created to any one of the three districts. Commissioner's districts. SEC. 3. Be it further enacted by the authority aforesaid, That said Board of County Commissioners shall be composed of the following persons, to-wit: Geo. N. Mathews, of the First Commissioner's District; J. W. O'Neal, of the Second Commissioner's District, and J. L. Sutton, of the Third Commissioner's District, whose terms of office shall expire as follows: Geo. N. Mathews on the first Tuesday in January, 1914; J. W. O'Neal, on the first Tuesday in 1915; and J. L. Sutton, on the first Tuesday in 1916, or as soon thereafter as their successors in office are qualified. They shall take and subscribe to the following oath: I do swear that I will well, truly and faithfully discharge the duties of Commissioner of Roads and Revenues in and for the County of Toombs during my continuance in office according

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to law to the best of my knowledge and ability, without favor or affection to any person, firm or corporation. So help me God. Members of Board. Oath. SEC. 4. Be it further enacted by the authority aforesaid, That on the second Wednesday in December, 1913, and annually thereafter, there shall be held an election in the respective districts hereinbefore named to fill the vacancies of said Commissioners as their terms of office expire. Should a vacancy occur by death, resignation or otherwise, said vacancy shall be filled by the remaining two Commissioners by the selection of a qualified person from the district having such vacancy, who shall hold his office until the next regular election and qualification of his successor in such district. Election of Commissioners. SEC. 5. Be it further enacted by the authority aforesaid, That said Commissioners shall have exclusive jurisdiction and control over the county affairs as provided for in the Toombs County road laws, and to exercise such other powers as are granted by law, or as may be indispensable to their jurisdiction over county matters or county finances. Jurisdiction. SEC. 6. Be it further enacted by the authority aforesaid, That said Commissioners shall be elected, qualified and commissioned as other county officers, and shall receive annually one hundred dollars each as their compensation for their said services as said Commissioners. Said amount to be paid monthly out of the road funds of said County of Toombs. Said amounts when so paid shall be in full for every service rendered by them as said Commissioners in and for said county for and during the said terms of their office. The said amounts shall also include all

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expenses of every kind and nature incurred by them while attending to the business of said county of Toombs. Two of said Commissioners shall constitute a quorum and must concur to pass any order, or let any contract, pledge the county credit, grant or allow any claim, or charge against the county. How elected, qualified and commissioned. Salary. SEC. 7. Be it further enacted by the authority aforesaid, That said Board shall have the right to appoint a Clerk to be paid monthly out of the road funds a salary not exceeding twenty-five dollars per month, at the discretion of the Board. Said Clerk shall give a good and solvent bond in the sum of one thousand dollars, payable to the Ordinary of said County of Toombs, and to be approved by the said Ordinary of said county. Said bond shall be conditioned for the faithful performance of the duties of the said Clerk to the Board of Commissioners of Roads and Revenues in and for the said County of Toombs. Said Board shall have the absolute power to remove said Clerk at pleasure by a majority vote of the said Board. It shall be the duty of said Clerk to attend all meetings of said Board and keep a full record of all its proceedings, and to keep on file and to preserve all papers relating to its business. To keep in a special book a statement of all taxes levied and for what purposes minutely specified and designated. Also an inventory of all county property, including all road machinery, live stock, chain-gang outfit and road working tools. To keep in a record separate from other financial affairs of the said county an accurate and itemized account of all expenditures applied to the working of convicts, and for all supplies and pay of the Superintendent, overseers and guards necessary for the management and operation of the said chain-gang in said county. He shall also keep a separate book in which shall be kept an account

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with the overseers of the county for commutation tax collected and for tools furnished them. He shall also keep an itemized statement of all accounts paid by the Board of Commissioners, and shall show what fund is liable for the payment of said accounts. He shall also keep a book to be known as his record of county vouchers, in which shall be kept a complete record of warrants or vouchers drawn on the treasury of said county, which record shall show by proper entries the fund from which same is payable, the person to whom payable, the date of record and the amount of said voucher, or warrant. It shall be his duty to sign all warrants and vouchers, but he shall in no instance issue any warrant or voucher until same shall have been countersigned by the Chairman of the Board of said County Commissioners in and for said County of Toombs. The said Clerk shall register each voucher on his record book of vouchers as above set out and shall certify on the face of each and every voucher the date and facts of its record. The Treasurer of Toombs County shall not pay any warrant, voucher or charge against said County of Toombs, unless the same has been registered and certified in compliance with this Section, except such as bear date prior to the induction and qualification into office of said Board of County Commissioners of Toombs County. All records provided for in this Section shall be kept at the Commissioner's office in the court house of said county and shall be kept open for public inspection. He shall make up and publish semi-annually in the official organ of Toombs County a condensed itemized statement showing the amounts collected and expended on behalf of the county as provided for in Toombs County road law, Acts of the General Assembly of Georgia, 1909, and shall preserve a copy of such report as a part of his record. Clerk and his salary. Bond. Clerk's duties. Vouchers. Records, where kept. Statements published.

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SEC. 8. Be it further enacted by the authority aforesaid, That said Commissioners shall give good and sufficient bonds payable to the Ordinary of said county in the sum of twenty-five hundred dollars each. Said bond to be approved by the Ordinary of said county. The said Commissioners shall before each term of the Superior Court in February and August of each year have prepared and submitted to the Grand Jury of said county a complete statement in writing of the condition of the county property, finances, buildings and public roads and bridges, and an itemized statement of all amounts collected and disbursed from all sources in behalf of the county. They shall also turn over to said Grand Jury on the first day of each term of the said Superior Court in and for said county in February and August all the books and records in connection with their office. Bonds of Commissioners. Duties of Commissioners. SEC. 9. Be it further enacted by the authority aforesaid, That the Board 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 the same. Meetings of Board. SEC. 10. Be it further enacted by the authority aforesaid, That the members of said Board shall be exempt from road and jury duty during their terms of office. Exemptions. SEC. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912.

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WARE COUNTY, BOARD OF COMMISSIONERS, ACT CREATING REPEALED. No. 593. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Ware County, prescribe their powers and duties, and for other purposes, approved September 14, 1891, and the 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 from and after the passage of this Act, the above entitled Act to create a Board of Commissioners of Roads and Revenues for Ware County, prescribe their powers and duties, and for other purposes, approved September 14, 1891, and the Acts amendatory thereof, be, and the same are, hereby repealed. Ware County, Board of Commissioners, Act creating repealed. SEC. 2. Be it further enacted, That this Act shall become effective on the 31st day of December, 1912. 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 19, 1912.

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WARE COUNTY, BOARD OF COMMISSIONERS CREATED. No. 613. An Act to create a Board of Commissioners of Roads and Revenues for the County of Ware. To provide for their selection, to define and prescribe their terms of office, duties and powers, and to fix their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a Board of Commissioners of Roads and Revenues for the County of Ware, State of Georgia, is hereby created. Said Board shall consist of six (6) members, each of whom shall be a qualified voter of said county and at least twenty-five years of age, and a resident of said county for at least two years next preceding the date of his appointment, and he shall also be a bona fide resident of the Commissioner District (as hereinafter defined) from which he is appointed. Ware County, Board of Commissioners. SEC. 2. Be it further enacted, That for the purposes of this Act, said County of Ware is hereby divided into four districts, to be known as Commissioner Districts, the same to be constituted as follows: The first Commissioner District shall be composed of the Waycross or 1231st District, Georgia Militia; the second District shall be composed of the Sweats or 1030th District G. M., the Beach or 1669th District, G. M., and the Bickley or 1060th District G. M.; the third District shall be composed of the Millwoood or 1256th District G. M., the Waresboro or 451st District G. M.,

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and the Waltertown or 1372d District, G. M.; and the fourth District shall be composed of the Manor or 1490th District G. M., the Glenmore or 1082d District, G. M., and the Braganza or 1404th District, G. M. Commissioners Districts. SEC. 3. Be it further enacted, That if at any time any new Militia District or Districts are created in said county, said Board of Commissioners shall have authority to attach said new Militia District or Districts to any of the Commissioner Districts named in this Act; and likewise they shall have authority to attach any portion or portions of said county not lying in any of the Militia Districts above named to any of said Commissioner Districts. New militia districts. SEC. 4. Be it further enacted, That said Board of Commissioners shall be appointed and shall hold office as follows, to-wit: Three (3) Commissioners shall be appointed from the Waycross or first Commissioner District above defined, and one Commissioner shall be appointed from each of the other Districts, such appointment being made by the Judge of the Superior Courts of the Waycross Judicial Circuit, upon the selection or recommendation by the Grand Jury of said county by a two-thirds vote thereof, and the term of office of said Commissioner after the first Board of Commissioners provided for in this Act shall be for three years. Said first Board shall be constituted as follows: D. J. Miller shall be appointed by said Judge as one of the Commissioners from said first or Waycross Commissioner District, to serve for two years, and J. J. Murray shall be appointed by said Judge as a member of said Board for the third Commissioner District to serve for a term of three years, and Dr. E. P. Little shall be appointed by said Judge as a member of said Board for the fourth Commissioner District to serve for a like period of three years, and

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the remaining two members from the Waycross District necessary to make up its full number to which it is entitled under this Act shall be selected by the Grand Jury of said county by two-thirds vote at the next regular session or the Superior Court of said county to be held after the approval of this Act, and appointed by the Judge of said Court, as above provided, and shall serve for a period of one year, and likewise at the same time a Commissioner shall be recommended and appointed in the same way from said second District, to serve two yearsthe terms of office of all the members of said first Board of Commissioners to begin from the first of January, 1913. At the expiration of the terms of office of the members of said first Board of Commissioners, the terms of office of all Commissioners shall be or three years, as above provided. At the last regular term of the Superior Court of said County held in each year after this year, the Grand Jury of the county shall proceed by a two-thirds vote of the entire body sworn and empanelled for such term to recommend a successor or successors to the member or members of the Board whose term or terms will expire on the first day of January following, and thereupon the Judge of the Superior Court of said county shall appoint the Commissioner or Commissioners so selected for a term of three years as aforesaid. Should the regular Judge of the Waycross Circuit not preside at any time when any members of the Board are thus to be selected as aforesaid, then the Superior Court Judge so presiding at such term shall have the same right and powers as are hereby conferred upon the regular Judge of the Circuit. All vacancies which shall occur by death, resignation, removal from the District or other disability, shall be filled by appointment by the Judge of the Superior Court of said Waycross Circuit until the next session of the Grand Jury of the county, at which time the unexpired term shall

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be filled by the selection of the Grand Jury and appointment by the Judge as above provided. All Commissioners shall be commissioned by the Governor of the State, upon certificate of their appointment being furnished to him by the Clerk of the Superior Court of said county. Appointment of Commissioners. Vacancies. how filled. Commissioned by Governor. SEC. 5. Be it further enacted, That the members of the Board of Commissioners provided for under this Act shall always, before entering upon their duties take and subscribe the following oath, which is to be kept permanently on file in the office of said Board, to-wit: All and each of us do solemnly swear that we will faithfully discharge the duties of Commissioners of Roads and Revenues of Ware County, and will to the utmost of our knowledge, skill and ability, endeavor to promote the welfare and prosperity of the entire county, and will do so without fear, favor or affection. Oath of Commissioners. SEC. 6. Be it further enacted, That on the first day of January of each year hereafter, or as soon thereafter as possible after notice to all the Commissioners, the Board of Commissioners shall convene at the court house of the county in a room or office which they shall have authority to provide for said Board, and shall organize by electing one of their members as Chairman, and another person as Clerk, which Clerk may be a member of said Board or not as the Board may think proper, provided, however, that the Chairman of said Board shall always be one of the Commissioners from said Waycross or first Commissioner District. It shall be the duty of the Chairman of said Board to preside at all meetings of the Board and approve and sign the minutes of each meeting, and issue and sign as Chairman all orders and processes of said Board, and also all warrants on the County Treasurer, and he shall be the general executive officer and head of said Board charged

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with the duty of seeing that its orders and directions are carried out and that all agents, employees or officials serving under said Board shall perform their duties and carry out the instructions imposed upon them by said Board or by law. Said Chairman shall have the right at all meetings of the Board to make motions and to vote on all questions before the Board, including the election of officers, agents, or employees created by this Act or serving under said Board; and if with or without his so voting, a tie is created in the vote on any question or election before the meeting, said Chairman shall have the right to break the tie and cast the deciding vote. Organization of Board. Chairman. Clerk. Duties of Chairman. SEC. 7. Be it further enacted, That it shall be the duty of the Clerk of said Board to attend each session of the Board, and keep in a permanent book or books a complete record of minutes of all the proceedings and acts and doings of said Board which shall be open to inspection of any citizen of the county or the Grand Jury of the county or any member or committee thereof, within reasonable hours. He shall keep a full financial record of all county receipts and expenditures, and of county funds, and of any obligations which said county may owe, and shall also keep a faithful account of all public work done by said Board or under its direction, and of the expense of same, and shall likewise keep an inventory of all county property, including machinery, live stock, tools, etc., and the disposition of same as well as the location thereof; he shall also keep a detailed statement of all expenditures arising from the working of convicts and for all supplies, and pay of guards for the chain-gang of the county; he shall also keep a separate book in which shall be kept an account with the road overseers of the county for commutation tax collected and for tools furnished them; he shall also keep an itemized statement

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of all accounts ordered paid by the Board and shall show what fund is liable for the payment of same; he shall keep a book to be known as the record of county vouchers, in which shall be kept a complete record of all warrants or vouchers drawn on the County Treasurer, which record shall show by proper entries the fund from which same is payable, the person to whom payable, the amount of same, and the date of payment. He shall perform such other duties and keep such other books and records as the Board may direct, and shall hold office at the will of said Board. Once a quarter he shall compile and publish in the official organ of the county a financial report of all expenditures of public money, and such reports, together with such other records and books as may be called for shall be presented to the Grand Jury of the county at each of the regular sessions of the Superior Court. It shall be the special duty of the Chairman of the Board to see that the Clerk faithfully performs all the duties imposed upon him by the terms of this Act, or by said Board. Said Clerk shall receive such reasonable compensation as said Board shall fix, payable monthly. Said Clerk shall give a good bond in the sum of $2,000.00, payable to said Board and to be approved by them, conditioned for the faithful performance of his duties as such Clerk, and for accounting for all funds and property which may come into his hands, belonging to said county or said Board. Duties of Clerk. Bond of Clerk. SEC. 8. Be it further enacted, That said Board of Commissioners shall have original and exclusive jurisdiction and control over all the roads, bridges, public works, buildings and property of said county, and over the revenues of said county, and over all the subject matters enumerated and set forth in Section 4796 of the Code of Georgia, adopted August 15, 1910, and in paragraphs 1 to 9 inclusive,

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set out under said Section of said Code, and also over the following matters, to-wit: Examing and approving the bonds of all county officers except as otherwise provided by law, approving and directing the payment of all orders on the County Treasurer for the payment of public moneys, supervising the Tax Collector's and Tax Receiver's books and allowing the insolvent list of said county, examining the tax digest of said county for the correction of errors therein, and granting relief from double taxation where deemed advisable; establishing and maintaining the county chain-gang, and working said chain-gang on the public roads, bridges, canals, drains, or public works of said county, and buying the necessary machinery, tools, engines, wagons, live stock, and other things necessary for carrying on any public work; borrowing money on the credit of the county where money may be lawfully borrowed, and executing the notes, bonds, or other obligations of the county in its name therefor; electing or appointing all minor officers and employees of said county whose election is not otherwise provided by law, such as road superintendent, warden, guards of convicts or chain-gang, janitor of court house, superintendent of pauper farm, County Physician, County Attorney, and such other agents or employees as may be needed in caring for the property, roads, revenues and public works of the county and managing its affairs, and fixing and paying their compensation and making such rules and regulations for their government as may be deemed expedient; providing for the collection of a commutation road tax, fixing the amount to be paid or the number of days to be worked on the roads of the county in lieu thereof, and fixing the time when said commutation tax shall be paid, or the work performed, and trying all road defaulters in accordance with the law. Said Board shall have and exercise generally all the powers heretofore vested in the Ordinaries

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of the counties of said State when sitting for county purposes, including those set out in Section 4796 of the Code of Georgia adopted August 15, 1910, and sub-paragraphs 1 to 9 inclusive thereunder as above provided, and such powers as were prior to the Constitution of 1868, exercised by the inferior courts over county matters in this State, and shall have general jurisdiction and control over all other county matters and affairs which may be necessary or expedient for the jurisdiction herein conferred. Jurisdiction. SEC. 9. Be it further enacted, That said Board shall hold regular meetings at the county court house of said county on the second Tuesday in each month, and may adjourn from day to day, and may hold special sessions whenever in their opinion public necessity requires it. A majority of said Board shall constitute a quorum for the transaction of business; provided, however, that one or more Commissioners may be empowered by a majority of said Board by order or resolution duly entered on its minutes to hold Court at any time or place in said county to try road defaulters in accordance with the law. Meetings. Quorum. SEC. 10. Be it further enacted, That said Board shall not hire, employ or contract with any of its members for work to be done or supplies to be furnished said county, nor shall any member of said Board be interested in any way directly or indirectly in any contract for labor, work, or supplies made by said Board, or in any purchases made by said Board, nor shall said Board make any such contract with any firm or corporation in which any member of said Board is interested or a stockholder. Board shall not contract with own members. SEC. 11. Be it further enacted, That said Board shall employ a competent civil engineer as road superintendent

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for said county, who shall have charge under the direction and supervision of the Chairman of said Board (or in case of his absence from the county, sickness or other disability, of the Chairman pro tem. of the Board, whom said Board is hereby authorized to elect) of the construction and repair of all roads, bridges, canals, drains and other public works in said county, and said superintendent shall devote his entire time to such public works and shall be responsible for same. He shall be a person other than the warden of the county, and shall hold his position at the will of said Commissioners, and shall receive a reasonable salary to be fixed by said Board payable monthly, and shall be required to give bond with good security to be approved by said Board in the sum of $2,000.00, payable to said Board and their successors in office, and conditioned for the faithful performance of his duties as such superintendent and for properly accounting for all property and funds of the county that may come into his possession. He shall keep a correct and accurate account of all moneys received or paid out by him, and of all property in his hands, and of all work done by him and of the cost of same, and he shall make a report of same to said Board at each of its monthly meetings, and he shall perform such other functions and duties as may be required of him by said Board; provided, however, that the office of road superintendent and warden may be held by the same person by the unanimous written consent of every member of said Board of Commissioners duly entered upon the minutes of said Board, no such consent, however, to last longer than the calendar year in which it is made. Civil engineer and his duties. Salary. Bond. SEC. 12. Be it further enacted, That each of said Commissioners shall receive as compensation for his services the sum of $3.00 per day for each day of actual service rendered

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by him, not to exceed 36 days in any calendar year, and each member shall be exempt from road and jury duty during his term of office. The necessary expenses incurred by said Commissioners or any of them in the discharge of their duties shall be paid out of the county funds, provided an itemized statement of same is presented to the Board and ordered to be paid by a two-thirds vote of the entire Board, the record of which vote shall be spread on the minutes of the Board and such itemized statement of expenses shall be kept in the permanent files of the Board, subject to inspection by the Grand Jury or any taxpayer of the county. The Chairman of the Board shall also receive a salary of $200.00 per year in addition to his per diem as above provided. Compensation of Commissioner. Salary of Chairman. SEC. 13. Be it further enacted, That all the books, records, documents, files and property of the present Board of Commissioners of said county shall be by them turned over to the Board created by this Act, and the present Board shall likewise turn over to the new Board all the funds and property of the county in their possession at the time this Act goes into effect. Records. SEC. 14. Be it further enacted, That this Act shall go into effect on the first day in January, 1913; provided, however, that the members of the first Board of Commissioners, as above provided, shall be selected, appointed and commissioned prior to said date as hereinbefore provided. Act effective, when. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 19, 1912.

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WARREN COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 476. An Act to amend An Act to create a Board of Commissioners of Roads and Public Buildings and Public Property and Finances for the Counties of Warren and Taliaferro, and for other purposes, approved February 12, 1877, so as to make the term of office of said Commissioners for Warren County two years instead of four. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the above mentioned Act be, and the same is, hereby amended by striking out all of Section 2 of said Act and inserting in lieu thereof the following: Section 2. Be it further enacted, That said Commissioners herein provided for, for the County of Taliaferro, shall be elected by the legal voters of said county in the same way and manner as other county officers, and that the Ordinary of Taliaferro County within twenty days after the passage of this Act, shall order an election in Taliaferro County, according to law, for five Commissioners, whose term of office shall continue until the next regular election for Ordinaries of said counties, at which time their successors in office shall be elected, and whose term of office shall be the same as the Ordinary, and in case of any vacancy by death, resignation or removal, it shall be the duty of the remaining members of the Board to fill such vacancy. Warren County, Board of Commissioners, election of. SEC. 3. Be it further enacted, That the Commissioners herein provided for, for Warren County, shall be elected by the regular voters in said Warren County, in the same way

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and in the manner as members of the Legislature are elected, and that the Ordinary of said Warren County, within twenty days after the passage of this Act, shall order an election in said county, according to law, for five Commissioners, whose term of office shall continue until the next general election for members of the Legislature, at which time their successors shall be elected, and whose term of office shall be for two years, beginning January the 1st following the election. Said Commissioners shall thereafter be elected on the same day and in the same manner as members of the Legislature, and in case of any vacancy by death, resignation or removal, it shall be the duty of the remaining members of the Board to order an election to fill such vacancy. How elected. Term of office. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. WASHINGTON COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 450. 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, and to amend the Act approved August 13, 1910, amendatory thereof; to provide for a

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Superintendent of Roads; to define his duties and powers; to provide for his compensation; to provide for an auditing of the accounts and books of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled an Act to create a Board of Commissioners of Roads and Revenue for the County of Washington, approved August 3, 1904, and the Act approved August 13, 1910, amendatory thereof, be, and the same are, hereby amended by striking out Section 14 of the original Act and Section 1 of the amending Act and substituting in lieu thereof a new Section, to be numbered Section 14, so that said Section 14 shall read as follows: SEC. 14. Be it further enacted, That the said Board shall have the control of the convicts of said county, and shall have the right to lease or hire or use convicts from other counties whenever said Board deems it necessary or expedient. It shall be the duty of said Board at its first meeting in November of each year or as soon thereafter as practicable, to elect a Superintendent of Roads, whose duty it shall be to superintend and direct the working of all the roads of said county; to have control over and the direction of the chain-gangs of said county, and of all the road working machinery and equipment; to superintend and direct the building of all bridges, culverts and drains, and who shall be charged generally with all road and bridge building or repair and workings of every character. Said Superintendent of Roads shall be the general purchasing agent of whatever supplies and provisions as may be necessary for the maintenance, upkeep and equipment of the chain-gangs or road working or bridge building of said

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county, but he is required to submit to the next meeting of said Board after any purchases are made a detailed statement of the same, giving the name of person from whom purchased, the price paid, the article purchased and the purpose for which it is to be used, and no bill for purchases made for any purpose by said Superintendent shall be paid out of the funds of said county until the same shall have been audited, approved and ordered paid by said Board meeting in regular session. Said Superintendent shall devote his time exclusively to the discharge of his duties as Superintendent aforesaid, and during his tenure of office as such engage in no private business and shall receive as salary such sum as said Board may fix. Said Superintendent shall give bond in the sum of five thousand dollars with sufficient security, to be approved by said Board and payable to said Board and their successors in office conditioned for the faithful performance of his duty as Road Superintendent. Before entering upon the discharge of his duty said Superintendent shall take an oath before the Ordinary of said county for the faithful performance of his duties. Board shall have control of convicts. Superintendent of Roads, and his duties. Salary of Superintendent. Oath. SEC. 2. Be it further enacted, That an Act entitled an Act to create a Board of Commissioners of Roads and Revenue of the County of Washington, approved August 3, 1904, be further amended by the addition of a new Section to be known as Section 17, and that said new Section shall read as follows: Section 17. Be it further enacted, That the said Board shall at its regular meeting in June of each year select some certified public accountant, and shall make a contract with said expert accountant to audit the books and accounts of the Tax Collector, Sheriff, and Treasurer of said county. That said auditing shall take place once each year during the month of July, and it shall

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be the duty of the Board to see that all the books and accounts aforesaid are duly audited by said expert accountant, and said Board shall pay to said accountant a reasonable compensation for his services out of the county funds. It shall be the duty of the said expert accountant to make a full and complete audit of the books and accounts of the Board of Commissioners, Superintendent of Roads, the Tax Collector and Treasurer of said county, and shall make a report in writing of his work and findings to the Board of Commissioners of said county previous to the regular August meeting of said Board. The first audit of the expert accountant made as hereinbefore provided, shall extend to and over a period of two years, prior thereto, and such period prior to this period of two years as the Board of Roads and Revenues may direct, but all subsequent audits shall be annual and cover the period from the last audit. It shall be the duty of said Board of Commissioners to lay before the Grand Jury at the September term of the Washington Superior Court, on the first day of its session the report and findings of said auditor, together with such explanations and recommendations that said Board may see fit to submit. Auditing of books by expert accountant. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1912.

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WHITE, UNION AND HABERSHAM COUNTIES, RIGHT TO KILL SQUIRRELS IN. No. 565. An Act to give the citizens of White, Union and Habersham Counties, of this State, the right to kill all gray or fox squirrels when they are destroying crops or property at any season of the year, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act all citizens of White, Union and Habersham Counties shall have the right to kill all gray or fox squirrels when they are destroying crops or property at any season of the year. Right to kill gray or fox squirrels at any season when destroying crops. 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 19, 1912. WILKES COUNTY, BOARD OF COMMISSIONERS, ACT OF 1911 REPEALED. No. 503. An Act to repeal An Act to amend an Act entitled an Act to abolish the Board of County Commissioners of Roads and Revenues and Public Property for the County of

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Wilkes, created by an Act of the General Assembly, approved December 13, 1893, and to repeal said Act, to create the office of Commissioner of Roads and Revenues for Wilkes County, provide the method of electing such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in the interim, and for other purposes, and approved August 19, 1911. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled An Act to amend an Act entitled an Act to abolish the Board of County Commissioners of Roads and Revenues and Public Property for the County of Wilkes created by an Act of the General Assembly approved December 13, 1893, and to repeal said Act, to create the office of Commissioner of Roads and Revenues for Wilkes County, provide the method for electing such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in the interim, and for other purposes, approved August 19, 1911, be, and the same is, hereby repealed. Wilkes County. Act approved Aug. 19, 1911, repealed. SEC. 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. WILKES COUNTY, ELECTION FOR A BOARD OF COMMISSIONERS OR SOLE COMMISSIONER. No. 479. An Act to repeal An Act to abolish the Board of County Commissioners of Roads and Revenues and Public Property

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for the County of Wilkes, created by an Act of the General Assembly, approved December 13, 1893, and to repeal said Act; and to create the office of Commissioner of Roads and Revenues for Wilkes County, provide the method of electing such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in the interim, and for other purposes, and approved July 16, 1903, and to repeal all amendments thereto created by Acts of the General Assembly. SECTION 1. Be it enacted by the General Assembly, That an Act entitled An Act to repeal an Act to abolish the Board of County Commissioners of Roads and Revenues and Public Property for the County of Wilkes, created by an Act of the General Assembly, approved December 13, 1893, and to repeal said Act; and to create the office of Commissioner of Roads and Revenues for Wilkes County, provide the method of electing such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in the interim, and for other purposes, and approved July 16, 1903, and to repeal all amendments thereto created by Acts of the General Assembly. SEC. 2. That at the State election to be held on the first Wednesday in October, 1912, the adoption or rejection shall be submitted to the voters of said county. All electors qualified to vote for State House officers shall be qualified to vote. Those voting in favor of this Act shall have printed on their ballots the following words: For the new road law and against the old road law. Those opposed thereto shall have printed on their ballots the following words: Against the new road law and

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for the old road law. And if a majority of the votes cast in favor and agrainst this Act shall be for it, the provisions of this Act shall become operative; but if a majority of the votes cast in favor and against this Act shall be against it, the provisions of this Act shall not go into effect. That the returns of said election, herein provided for, shall be made and certified to the Ordinary of Wilkes County, and the result of the same shall by him be declared and published in the minutes of the records of the Court of Ordinary of Wilkes County, and by publication of the same in the newspaper in said county in which Sheriff's advertisements appear. Election on adoption of old or new road law. SEC. 3. The provisions of this Act to take effect January 1, 1913, except as otherwise provided in the body thereof. SEC. 4. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. WILKES COUNTY, COMMISSIONER AND BOARD OF DIRECTORS CREATED. No. 516. An Act to establish the office of Commissioner and Board of Directors of Roads and Revenues of Wilkes County; to provide the method of the election of the Commissioner and the appointment of the Board of Directors; to fix the terms of their offices and salaries, and to provide

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for the employment and pay of assistants, and to provide for the management of the county's 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 the authority of the same, That from and after the passage of this Act, there shall be created for Wilkes County the office of Commissioner and Board of Directors of Roads and Revenues, to consist of one Commissioner and four Directors, who, together, shall constitute a body for the consideration, direction and management of the affairs of this office. Wilkes County, Commissioner and Board of Directors, office of. SEC. 2. Said Commissioner shall be elected by the qualified voters of Wilkes County. His term of office shall be for four years, or until his successor is elected and qualified. The first election to fill this office shall be held on the first Wednesday in October, 1912, and the term of the Commissioner elected shall begin January 1, 1913. Election of Commissioners. SEC. 3. The Grand Jury sitting at the November, 1912, term of the Superior Court of Wilkes County shall elect the members of said Board. Each candidate shall receive not less than two-thirds of the votes of said Grand Jury before he is to be declared elected, and no Grand Juror sitting at that time shall be eligible to hold the office of Director. The term of office of such members so elected shall be as follows: One for one year, one for two years, one for three years, and one for four years. The terms of all to begin January 1, 1913. Annually, thereafter, the term of one Director will expire on December 31, the Grand Jury sitting next prior to such expiration shall in like manner elect a successor thereto for four years. No two Directors shall reside in the same militia district of Wilkes County. Election of members of Board. Terms.

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SEC. 4. Should a vacancy occur in the office of said Commissioner and the unexpired term be for less than six months, then the Board of Directors shall elect a Commissioner for such term. Should the unexpired term be for more than six months, then said vacancy shall be filled by law governing vacancies in other county offices, and until so filled the Directors shall elect one of their number to act in the interim. Vacancy in office of Commissioner, how filled. SEC. 5. Any vacancy that may occur in the Board of Directors shall be filled by appointment of the Ordinary of Wilkes County. Such appointee shall act until the next sitting of the Grand Jury of said county, when they shall elect as in Section three of this Act, to fill such unexpired term. Vacancy in Board, how filled. SEC. 6. The said Commissioner before entering upon the duties of his office, shall give bond in the sum of five thousand dollars, payable to the Governor of this State and his successors, conditioned upon the faithful discharge of the duties of his office; the security to this bond shall be some Fidelity company doing business in this State, and the same shall be approved by the Ordinary of Wilkes County, and the premium thereon shall be paid out of the Treasury of Wilkes County. Bond. SEC. 7. The said Commissioner and each member of said Board of Directors shall, before entering upon the discharge of their duties, make oath before the Ordinary of said county to faithfully administer the affairs of said office and to carry out the provisions of this Act. Oath. SEC. 8. The said Commissioner and Board of Directors shall meet in the court house of said county on the first Tuesday in each month. At all their meetings the Commissioner

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shall act as Chairman, but in his absence a member of said Board of Directors may act as Chairman pro tem pore. Any three of the five members of said body shall constitute a quorum, and regardless of the number present it shall require three concurrent votes to pass any order, transact any business, or take any action in regard to any county matter. They may also meet at other times and at such places in their discretion as will be for the best interest of the county, and they may adjourn from day to day. Meetings. Quorum. SEC. 9. The said Commissioner and Board of Directors shall have power to, and shall exercise original jurisdiction and control in Wilkes County over all county matters that are now vested by law in the Ordinaries of Georgia, having no Commissioners of Roads and Revenues, so far as relates to roads, bridges, public buildings and property, misdemeanor convicts, management of the county jail, its fees, the control and management of its paupers, assessment, levying and collecting taxes and debts due the county disbursing public moneys for county purposes, and the execution of all laws in reference thereto, in auditing and allowing or rejecting all claims against Wilkes County. That said Commissioner and Board of Directors shall have the same right, power and authority to issue processes, summons, writs, orders, and subp[oelig]nas, and to punish for contempt of Court as other Courts of this State. All writs and processes shall be attested in the name of the Commissioner and signed by the Clerk. Jurisdiction. SEC. 10. The said Commissioner shall receive for his services twelve hundred dollars per annum, payable monthly out of the treasury of Wilkes County. Each member of said Board of Directors shall receive for his services five dollars per day when in actual attendance upon the duties

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thereof, but in no case shall he receive more than two days' pay in any one calendar month. Salary of Commissioner. Compensation of members of Board. SEC. 11. Said Commissioner and Board of Directors shall elect a Clerk to serve them in this capacity at their pleasure, who shall perform the duties usually required of such officer, fix his compensation at not exceeding sixty dollars per month, payable monthly out of the treasury of Wilkes County. Clerk, his duties and compensation. SEC. 12. The said Clerk before entering upon his duties shall subscribe to an oath before said body of Commissioner and Board of Directors, to faithfully perform the duties of his office, and the same shall be subscribed to and entered upon the minutes of the office of Roads and Revenues of said county. The said Clerk shall also furnish a bond in the sum of one thousand dollars to the Governor of this State and his successors in office, conditioned upon the faithful performance of the duties of his office. Oath of Clerk. Bond. SEC. 13. The said Commissioner shall remain in his office at the court house on Tuesday of each week, and the balance of his working time shall be spent in direct and personal supervision of the laying out of road work, inspection of roads and bridges and other public property, and especially the measuring and delivery of supplies and the general direction of the management of the convict camps in the most economical manner. Duties of Commissioner. SEC. 14. The Commissioner shall, under the instructions of said Board of Directors, regularly and systematically employ an adequate force of convicts and equipment under the supervision of a competent and experienced superintendent for the purpose of laying off, straightening,

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establishing proper grades, resurfacing and constructing upon the main thoroughfares of Wilkes County permanent road beds made of crushed stone, sand, clay, top soil or other durable material as said body may, with the advice of an expert on road materials, deem best adapted to such use. Road work. SEC. 15. In the same manner as provided in the foregoing Section, the said Commissioner shall employ constantly a force of convicts, or free labor, and equipment for the repairing of emergency work on the roads of said county. And there shall be likewise a force of convicts, or free labor, and equipment, provided for the general care of the roads and bridges of Wilkes County. Emergency road work. SEC. 16. The said Commissioner shall keep in constant touch with the office of Director of Public Roads of the United States Department of Agriculture, and shall secure and keep in his office and familiarize himself with the free bulletins bearing upon the making of durable sand, clay, top soil and other materials for the building of permanent roads, and shall obtain and familiarize himself with the literature of this Department on the building and maintenance of roads, and shall through the aid of his Congressman and otherwise use its freely offered expert road engineers whenever possible to obtain. He shall furthermore use its free examination of sand, clay and top soil road materials, showing proper proportions of mixtures for different localities of the county. It shall be the duty of the Commissioner at all times and from any source to entertain and discuss suggestions as to the betterment of any particular road, whether offered by those interested or otherwise. Duties of Commissioners.

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SEC. 17. The said Commissioner and Board of Directors shall employ a competent road builder, whenever in their discretion one is needed, at such salary as may be agreed upon by them for the purpose of making road surveys, investigating, discovering, analyzing road building materials of Wilkes County, building bridges, establishing and re-establishing roads, and for whatever other assistance they may require or need from an expert road builder. Road builder. SEC. 18. The said Commissioner and Board of Directors shall keep or cause to be kept the following books of record. An inventory book, in which once each year they shall have recorded an itemized inventory of all property that within their knowledge belongs to Wilkes County. A cash book in which shall be kept an itemized account of all moneys received into and disbursed from their office belonging to Wilkes County, settling in full with the County Treasurer at least once every week. A digest of all the names of all males in Wilkes County subject to road duty, arranged in alphabetical order and by militia districts, correcting such digest annualy by adding to and taking from such names of those who may by age or removal become subject to or exempt from road duty; and by such digest, and other expedient methods, seek to have every one in the county liable to road duty either to work on the roads as required by law or to pay his commutation road tax. Records. SEC. 19. Said Commissioner and Directors shall twice each year make a report of the affairs of Wilkes County to the Grand Jury thereof as required by law under Section 413 of the Code of 1910. Reports twice a year. SEC. 20. That no official of this office shall hire, employ or contract with any member thereof, or with any relation

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within the third degree of any member thereof, for work to be done or supplies to be furnished said county; except such work or supplies to be furnished shall be let at public outcry or under sealed bids to the bidder offering the best terms. Work and material, contracts for. SEC. 21. That no official of this office, nor any assistant, nor any employee on the road force of Wilkes County, shall keep and feed, or feed, at the camp of said county any horse, cow, mule, hog or other domestic animal other than those used exclusively in the service of the county, as, for instance, the Commissioner's or any Director's horse. Keeping and feeding of stock, etc. SEC. 22. Any person violating the provisions of either Section twenty-one or twenty-two of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code of 1910. Penalty for violation of preceding sections. SEC. 23. At the election for State House and county officers held on the first Wednesday in October, 1912, whoever be elected to fill the office of Commissioner of Roads and Revenues of Wilkes County under the then existing law, for the term beginning January 1, 1913, shall become the Commissioner of the office of Commissioner and Board of Directors of Roads and Revenues of Wilkes County created by this Act. And the term of his office shall begin January 1, 1913, and he shall hold office for four years, or until his successor is elected and qualified. Who shall be first Commissioner. SEC. 24. The provisions of this Act shall go into effect January 1, 1913, except as otherwise provided in the body thereof. SEC. 25. That at the State election to be held on the first Wednesday in October, 1912, the adoption or rejection

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of this Act shall be submitted to the voters of said county. All electors qualified to vote for State House officers shall be qualified to vote. Those voting in favor of this Act shall have printed on their ballots the following words: For the new road law and against the old road law; those opposed thereto shall have printed on their ballots the following words: Against the new road law and for the old road law. And if a majority of the votes cast in favor and against this Act shall be for it, the provisions of this Act shall become operative; but if a majority of the votes cast in favor and against this Act shall be against it, the provisions of this Act shall not become operative. That the returns of said election, herein provided for, shall be made and certified to the Ordinary of Wilkes County, and the result of the same shall by him be declared and published on the minutes of the records of the Court of Ordinary of Wilkes County, and by publication of the same in the newspaper in said county in which Sheriff's advertisements appear. Election to adopt or reject this Act. SEC. 26. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. WILKINSON COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 579. An Act to amend An Act to create a Board of Commissioners of Roads and Revenues for the County of Wilkinson, to provide for the election of members thereof;

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to provide for their removal from office; to define their powers and duties; to provide for their compensation, and for other purposes, approved August 16, 1909. Said Act to be so amended as to provide for the employment of a Road Superintendent, 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 first day of June, 1913, that Section 6 of the above recited Act as approved August 16, 1909, be amended by striking the words beginning with the word and in the third line and ending with the word ex-officio in the fourth line in said Section, and by inserting in lieu thereof the following words: Said Board shall also at their first meeting in January, 1913, and at the first meeting in January in each year thereafter, employ a competent. Also by striking the word and immediately preceding the word shall in the fifth line of said Section and inserting in lieu thereof the word who. Also by striking the words Chairman at the last of line six, and first of line seven of said Section, and inserting in lieu thereof the words Superintendent of Public Roads, so that said Section, when amended, shall read as follows: Sec. 6. Be it further enacted by the authority of the same, That said Commissioners shall organize at their first meeting by electing one of their members Chairman. Said Board shall also at their first meeting in January, 1913, and at the first meeting in January of each year thereafter, employ a competent Superintendent of the public roads of Wilkinson County, who shall superintend and direct the workings of the public roads of Wilkinson County. Said Superintendent shall give bond payable to and approved

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by the Ordinary of Wilkinson County, in the sum of two thousand dollars, for the faithful discharge of the duties of his office. Wilkinson County, Road Superintendent. SEC. 2. Be it further enacted by the authority of the same, That Section seven of said Act be amended by striking the word, Chairman of said Board in the first and second lines of said Section, and insert in lieu thereof the words Superintendent of the Public Roads. And that said Section be further amended by striking out the words other two in the seventh line of said Section, so that said Section, when amended by the provisions of this Act, will read as follows: That the salary of the Superintendent of Public Roads shall be fixed by said Board, but in no event shall it exceed the sum of seventy-five dollars per month, unless an increase is authorized by a majority of the Grand Jury of any spring term of Wilkinson Superior Court; that the salary of the members of said Board shall not exceed the sum of five dollars per month each. Superintendent's salary. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912.

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PART III.CORPORATIONS TITLE I.MUNICIPAL CORPORATIONS TITLE II.RAILROADS

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Alamo, Town of, Charter Amended. Albany, City of, New Charter For. Andrews Female College, Charter Amended. Atlanta, City of, Charter Amended. Augusta, City of, Canal and Waterworks Commission. Augusta, City of, Act Creating Police Commissioners Amended. Bainbridge, City of, Charter Amended. Barnesville, City of, Park Board or Commission Created. Barrets, Town of, Incorporated. Bartow, Town of, Charter Amended. Berlin, Town of, Charter Amended. Bethel, Town of, Incorporated. Bolingbroke, Town of, New Charter For. Bonaire, Town of, Incorporated. Boston, Town of, Charter Amended. Bowden, Town of, Charter Amended. Bridgeboro, Town of, Incorporated. Brunswick, City of, Charter Amended. Brunswick, City of, Charter Amended. Buena Vista, Town of, System of Electric Lights Authorized. Buford, City of, Charter Amended. Butler, Town of, Charter Amended. Cadwell, Town of, Charter Repealed. Cadwell, Town of, New Charter For. Canoochee, Town of, Incorporated. Canton, Town of, Charter Amended. Carrollton, City of, Public School System Amended. Cartersville, City of, Charter Amended. Cave Springs, Village of, Charter Amended. Cedartown, City of, Charter Amended. Charing, Town of, Incorporated. Chauncey, Town of, Incorporated. Chester, School District of, Incorporated. Colquitt, City, of, Charter Amended. Colquitt, City, of, Charter Amended. Colquitt, City, of, Charter Amended. Columbus, City of, Charter Amended. Columbus, City of, C. K. Nelson, Bishop, etc., Authorized to Convey Certain Lands in. Commerce, City of, Charter Amended. Constitution, Town of, Incorporated. Conyers, City of, Charter Amended. Cordele, City of, Charter Amended. Cordele, City of, Charter Amended. Cornelia, Town of, Charter Amended.

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Crest, Town of, Incorporated. Dallas, Town of, Charter Amended. Dalton, City of, Charter Amended. Decatur, Town of, Authorized to Condemn Land for School Purposes. Doerun, Town of, Incorporated. Douglas, City of, Charter Amended. Ducktown, Town of, Incorporated. Dudley, Town of, Charter Amended. East Point, Town of, New Charter For. Eatonton, City of, Charter Amended. Fairview, School District of, Incorporated. Flovilla, City of, Charter Amended. Forsyth, City of, Charter Amended. Georgetown, Town of, Charter Amended. Grantville, Town of, New Charter For. Griffin, City of, Charter Amended. Hahira, Town of, Charter Repealed. Hahira, Town of, New Charter For. Hapeville, City of, Charter Amended. Haralson, Town of. Charter Amended. Herod, Town of, Election to Repeal Charter. Hickox, Town of, Charter Amended. Howell, Town of, Incorporated. Jefferson, City of, Charter Amended. Jefferson, City of, Charter Amended. Jefferson, City of, Public School System Established. Kirkwood, Town of, Charter Amended. LaFayette, City of, Charter Amended. LaGrange, City of, Public School System Amended. LaGrange, City of, Establishment of Gas Plant Authorized. LaGrange, City of, Waterworks Authorized. Lakeview, Town of, Election to Repeal Charter. Lawrenceville, City of, New Charter For. Lilly, City of, Charter Amended. Lone Oak, Town of, Charter Amended. Luella, Town of, Incorporated. Mableton, Town of, Incorporated. Macedonia, School District of, Incorporated. Macon, City of, Charter Amended. Marietta, City of, Charter Amended. Marietta, City of, Charter Amended. Martin, Town of, Corporate Limits Extended. Maysville, Town of, Charter Amended. Metter, City of, Charter Repealed. Metter, Town of, New Charter For. Midville, Town of, Charter Amended. Milner, Town of, New Charter For. Mitchell's District, Town of, Charter Amended. Modoc, Town of, Incorporated. Molena, City of, Charter Amended. Moultrie, City of, Public School System Amended. Mount Zion, Town of, Incorporated. Nashville, School District of, Incorporated. Newnan, City of, Charter Amended. Newnan, City of, Charter Amended. Norwood, Town of, Charter Amended. Oglethorpe, Town of, Charter Amended. Oglethorpe, City of, Public School System Amended. Oliver, Town of, Charter Amended. Omega, Town of, Act Incorporating Repealed. Omega, Town of, New Charter For. Orchard Hill, Town of, Incorporated. Osierfield, City of, Incorporated. Patten, Town of, Charter Repealed. Perry, Town of, Public School System Amended. Pine Park, Town of, Charter Amended. Pitts, Town of, Charter Amended. Plainfield, Town of, Incorporated. Rex, City of, Incorporated. Rome, City of, Charter Amended. Rome, City of, Charter Amended. Salt Springs, Town of, Charter Amended. St. George, City of, Charter Amended. Sardis, Town of, Incorporated. Savannah, City of, Charter Amended.

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Savannah, City of, Municipal Elections Regulated. Savannah, City of, Charter Amended, Commission Government Established Savannah, City of, Certain Lands in Ardsley Park Vested in Ardsley Park Land Company. Savannah, City of, Conveyance of Certain Lands to Heirs of Mrs. Mary J. Roberts Authorized. Savannah, City of, Conveyance of Certain Lands to J. S. Collins Authorized. Savannah, City of, Ferry Rights of Thos. F. Screven Confirmed. Scotland, School District of, Incorporated. Screven, Town of, Charter Amended. Shingler, Town of, Incorporated. Sparks, School District of, Incorporated. Sparta, City of, Charter Amended. Spread, Town of, Charter Amended. Springfield, City of, Charter Repealed. Springfield, City of, New Charter For. Statesboro, City of, New Charter For. Stone Mountain, Town of, New Charter For. Swainsboro, City of, Charter Amended. Sycamore, City of, New Charter For. Tallulah Falls, Town of, Charter Amended. Tarrytown, Town of, Incorporated. Thomasville, City of, Charter Amended. Thomasville, City of, Charter Amended. Valdosta, City of, Charter Amended. Valdosta, City of, Charter Amended. Vanna, Town of, Incorporated. Villa Rica, City of, New Charter For. Wadley, Town of, Public School System Amended. Watkinsville, Town of, Bonds for Electric Lights Authorized. West Point, City of, Charter Amended. West Point, City of, Charter Amended. West Point, City of, Charter Amended. West Point, City of, Charter Amended. West Point, City of, Charter Amended. West Point, City of, Authority to Sell and Vacate Certain Streets. Whigham, School District of, Incorporated. Zebulon, City of, Charter Amended. ALAMO, TOWN OF, CHARTER AMENDED. No. 465. An Act to amend an Act establishing a charter for the town of Alamo, approved August....., 1909, and the several Acts amendatory thereof, so as to provide for the ages within which male persons are subject to street tax; to provide for the punishment of violators of the ordinances of said town; to provide for the definition and punishment of drunkenness, using vulgar or profane language and language tending to cause a breach of the peace, fighting, discharging firearms, disturbing public or divine worship, malicious mischief, public indecency,

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keeping a bawdy-house or house of ill fame, resisting an officer while attempting an arrest, escaping while under arrest, gambling, betting at cards or other games of chance, carrying concealed weapons, selling intoxicating liquors or violating prohibition law of the State; and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act entitled An Act to incorporate the town of Alamo, in the County of Montgomery, State of Georgia; to define the corporate limits of said town; to provide for a Mayor and Aldermen and other officers for said town; to prescribe their powers and duties; to confer upon the Mayor and Aldermen of said town the power to enact municipal ordinances for said town, and to provide for the enforcement of said ordinances, and for penalties for the violation of the same; to provide for all matters of municipal concern of said town, and for other purposes, approved August....., 1909, and the several Acts amendatory thereof, be and the same is hereby amended so as to confer upon the Mayor and town council of said town the powers and authority hereinafter set forth, and to add to the said charter of the town of Alamo the several Sections herein contained. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act every male person between the ages of eighteen and fifty years, who shall have resided in the town of Alamo ten days next preceding the time at which he shall be liable for street duty, shall be subject to street duty, except the Mayor and Councilmen and Marshal of said town, who are hereby exempted. Alamo, town of, persons subject to street duty.

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SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act it shall be unlawful to be drunken, or disorderly, or drunken and disorderly, in said town; and it shall be unlawful to do any of the following things in said town, to-wit: To use vulgar or profane language or language tending to cause a breach of the peace, to fight, to discharge firearms, to disturb public or Divine worship, to commit any act of malicious mischief, to be publicly indecent, to keep a bawdyhouse or a house of ill fame, to resist the Marshal while attempting an arrest, to escape from the Marshal while under arrest, to gamble, to play and bet at cards or other games of chance, to carry concealed weapons, to sell any intoxicating liquors or to violate the prohibition laws of the State; and anyone found guilty of any of the aforesaid offenses shall be punished by a fine not exceeding one hundred dollars, or caused to work on the streets of said town not more than fifty days or confined in the town calaboose or the county jail not more than thirty days, and any one or all, or any part of all of said penalties may be imposed concurrently in the discretion of the Court. Drunkenness, disorderly conduct, profanity, etc., unlawful. Punishment. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 17, 1912. ALBANY, CITY OF, NEW CHARTER FOR. No. 544. 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.

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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 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 or of the United States, with power in and by said corporate name to 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. Powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall be and remain as fixed and established by the Acts of the Legislature

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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, August 15, 1910, 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 (extended north) and Second street (in Arcadia) extended west, run a line west two thousand six hundred (2,600) feet along the south line of said Second street to a corner-stone; thence south eight thousand one hundred and fifty-two (8,152) feet to a cornerstone; thence east to a point (marked by a corner-stone) 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 extending east; thence east along said line of State street forty-six hundred and sixty (4,660) feet to a cornerstone; thence north twenty-nine hunderd and thirty (2,930) feet to a point (marked by a cornerstone) on the north line of North street extended east; thence west along said north line of North street 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

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sound discretion of the mayor and council to at any time call an election for the incorporation of contiguous territory whenever at least twenty-five (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. Be it further enacted by the authority aforesaid, That the municipal government of said city shall consist of a Mayor and six (6) members of Council, elected from the city at large, and such other officers, servants and agents in addition to those hereinafter enumerated as said Mayor and Council may from time to time lawfully employ or elect. Officers. SEC. 4. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city 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 first Monday in December. Their terms of office shall begin on the first Monday in 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 Council. Terms of office. (2). The first election held hereunder shall be on the

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first Monday in December, 1912, for three (3) members of Council, and at the next election thereafter, to-wit: on the first Monday in December, 1913, for a Mayor and three members of council, and so on in each year, 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. First election, when. (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 the same, and shall receive such compensation as the Mayor and Council may by ordinance prescribe. In case of the absence or disqualification of both Mayor and Mayor pro tem., the remaining members of Council shall choose one of their members 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 (6) months before the expiration of said Mayor's term of office. If, however, said unexpired term is longer than six (6) months from the date of such vacancy, the Council shall within fifteen (15) days order a new election, and such election shall be held and managed in the same manner as hereinafter provided

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for city elections, at which special election a successor for the unexpired term caused by said vacancy shall be elected. Vacancy in Mayor's office, how filled. (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 (6) months before the expiration of said Councilman's term of office. If, however, said unexpired term is longer than six (6) months from the date of such vacancy, the Council shall within fifteen (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 among members of Council, how filled. (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 election provided for in Section three (3) Section four (4), Paragraph three (3); Section five (5), Paragraph one (1) and three (3); Section (12) twelve, and Section thirteen (13) of this Act, and in case of impeachment as provided for in Section four (4), Paragraph nine (9) of this Act. In addition, the Mayor shall be the supreme executive officer of the city government and see 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 presiding officer, votes when. Mayor executive officer. (7). The members of 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

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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 department. (8). Said Mayor and Council shall have power to punish by execution and attachments for contempts, in a penalty not to exceed fifty dollars ($50.00), or confinement in the guard house thirty (30) days, either or both in their discretion, or to coerce the payment of fines for contempt 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 City; that I will not wilfully and knowingly use or be the cause of using tyrannical means towards any citizen or portions of the citizens thereof; so help me God. Powers of Mayor and Council. Oath. (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 wilful neglect or abuse of the powers and duties of same, shall by a two-thirds vote of the whole body, the Mayor voting, except in case of his own impeachment, be dismissed from office. Reasonable notice and a fair hearing shall be given the accused. Impeachment. (10). The salary of the Mayor shall be prescribed by

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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 members of Council. SEC. 5. Be it further enacted by the authority aforesaid, That the following municipal officers of said city shall be elected by the Mayor and Council and shall hold their office for a term of two (2) years and until their successors are elected and qualified, to-wit: 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; the first election hereunder for said officers shall be held on the first Monday in January, 1914, and every two years thereafter; each of the above named officers 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 they 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, but such suspension shall be reported within five (5) days to the Council for action on their part, under the provisions of this charter; provided, further, that nothing herein contained shall operate or prevent the officers above enumerated now holding office in said city from holding same until the expiration of their respective terms and until their successors are elected and qualified. Officers elected by Mayor and Council. Compensation. (1). A vacancy occurring in any of the offices hereinbefore in this Section enumerated, an election to fill the

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unexpired 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 (21) 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 Council and amendable to its 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 notice and opportunity to be heard. Suspensions. (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, non-feasance, or negligence, as the Mayor and Council may by ordinance prescribe. Oath of officers. (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 receive any profit or emolument for any purchase or sale of material, or other articles paid for out of the public revenue, or for which the city becomes responsible. Contracts. SEC. 6. Be it further enacted by the authority aforesaid, That all elections, both general and special, for whatever purpose, held in said city, shall be conducted in accordance with the following regulations:

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(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 (3) clerks. Elections. Managers. (2). That all elections shall be held at the county court house and at such other places as may be prescribed by ordinance. Polling places. (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 managers is made. Vote by secret ballot. (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. Managers prepare ballot when. (5). The polls shall be open from seven (7) A. M. to six (6) P. M. Standard time. Polls open and close when. (6). There shall be kept by the three clerks appointed by the managers as hereinbefore prescribed, three (3) lists

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of the names of the voters, which names shall be numbered in the order of their voting, and also three (3) tally sheets. Clerks and managers. (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. Ballots numbered. (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 (21) years, and resided in the State for one year, in the County of Dougherty six (6) months, and in the City of Albany three (3) 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. Challenges. (9). To preserve peace and good order at the polls, 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 sufficient number of police to secure that end. Preserve order. (10). The managers shall not begin to count the votes until the polls are closed. Votes counted when. (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

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be, voted for, or upon, received, and each list of voters and each tally sheet must likewise have written the signature of the managers. Certificate of managers. (12). The oath of the managers, together with their certificate, and one tally sheet and list of voters, shall be securely sealed in an envelope with the names of the managers enclosed therein, and delivered to clerk of Council, who shall keep same safely and have it at the next meeting of the Mayor and Council. Returns delivered sealed to clerk. (13). That one tally sheet, one list of voters and all of the ballots shall be sealed up in the ballot box, and 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 sheet and list of voters shall be retained by the managers and by them likewise safely kept until called for by lawful authority; provided, that if the same is not called for by lawful authority within sixty (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 voters and ballots returned to him in the ballot box, retaining only the papers returned under Paragraph twelve (12) hereof, which shall be filed away and safely kept. Tally sheets and voters' lists. (14). The Mayor and Council shall, at their first meeting after the election, receive said returns from the clerk of Council and declare the result of the election in accordance with the certificate 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 certificate, together with the

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resolution of the Council declaring the result of the election, shall be entered on the minutes of the Council. Returns received and results declared. SEC. 7. Be it further enacted by the authority aforesaid, That 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 three (3) months within the jurisdictional limits of the City of Albany, and have registered as hereinafter provided, shall be qualified to vote at any city election. Qualified voters. SEC. 8. Be it further enacted by the authority aforesaid, That the clerk of 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 nine o'clock A. M. until one o'clock P. M., and from two o'clock P. M. until six o'clock P. M. Standard time, each and every day, Sunday excepted, for a space of thirty (30) days, when it shall be finally and absolutely closed at six P. M. on the thirtieth day. Registration list. (1). Upon application in person by such persons entitled to register who shall furnish 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 name, and shall require such person, in addition to entering his name, to enter his age, residence and occupation; said names shall be alphabetically arranged

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in the register, the white and colored being kept separate. Who are entitled to register. (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 the 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 on 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 (3) 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. Registration. (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 by law to administer 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 the applicant upon the register. Registration by affidavit. (4). That in order to guide the registering officer in the discharge of his duties, he shall obtain from the proper authorities the list of disqualified voters for that year, as provided now or as may be hereafter provided for by the

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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 of the State, 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. Disqualified voters' list. (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 city 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 of Council after the election and by him safely kept and preserved. Registration lists furnished election managers. (6). Any person voting illegally at any election herein provided for shall be guilty of a misdemeanor, and be punished as prescribed in Section 666 of the Penal Code of Georgia. Any person who shall falsely take the oath provided for in Paragraph two (2) of Section eight (8), shall be guilty of false swearing and shall be punished as prescribed in Section 262 of the Penal Code of Georgia of 1910. Illegal voting, and punishment for. SEC. 9. Be it further enacted by the authority aforesaid, That there shall be a fire department maintained and operated by said City of Albany under such rules, regulations and ordinances as the Mayor and Council may prescribe, and such as already exist. In addition to a chief, the fire department shall consist of such a number of men,

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who shall receive salaries and be employed for such time, 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 report to said Mayor and Council of the condition of the department as may be required; and said chief shall be and he is hereby made ex-officio a police officer of the city, empowered to make arrests as regular police. Fire department. SEC. 10. There shall be and there is hereby established 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, a City Police Court, 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 Mayor pro tem., 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 rule or order of the presiding officer thereof not in conflict with this charter or city ordinances on the subject. And the Mayor and Council shall have power to provide by ordinance for the compulsory attendance of all persons violating any municipal ordinance, before said Police Court, by summons or copy of charges, to answer the offense charged, and when employed, such summons or copy of charges shall be issued as provided for subp[oelig]nas and shall contain a summary or simple statement of the offense charged; and disobedience of said summons or

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copy of charges shall be punished as provided for disobedience of subp[oelig]nas. City 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 convicted in said Court of violating such laws and ordinances in a fine not to exceed two hundred dollars ($200.00) or by imprisonment in the guard house, city prison, or other place provided, or by compulsory labor on the streets or other public works, or city chaingang, not to exceed sixty (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, but 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 same. Jurisdiction of Police Court. (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 twenty-five dollars ($25.00)

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or imprisonment in the city guard house, city prison, or other place provided, or in Dougherty County jail not to exceed ten (10) days, and either or both of said punishments may be imposed in the discretion of the Court, or the fine may be imposed with the alternative of such imprisonment, or coerced by such imprisonment. Said Mayor or other presiding officer of said Court shall be to all intents and purposes a Justice of the Peace in so far 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 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 power to bind the defendant over as above set forth. Power of Mayor or other presiding officer. (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 hereof to give the officer who pronounced

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the sentence power to vacate, alter or modify the same, when for good and legal reasons he may be convinced that such a cause 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 written recommendation of the Mayor, or other presiding officer, who may have imposed such fine. Penalties, power of Mayor or other presiding officer to suspend, vacate or reduce. (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 law, 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. (5). Said Court shall have the 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, or clerk of Council, and shall bear test in the name of the Mayor and shall contain a brief statement of the case, the time

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set for trial or hearing and the time at which the person subp[oelig]naed shall 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 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. Attendance of 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. (7). The right of certiorari from the decision and judgment of 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. Forfeiture of cash bonds. (9). When any bond is given by any person charged with an offense against the ordinances or arrested for such

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offense, for his or her appearance at any session of the Police Court, and such person so giving bond shall fail to appear at the time appointed in said bond for his or her appearance, 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 for 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. Forfeiture of 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. Persons sentenced to labor. (11). The Mayor and Council shall have the power to provide by ordinance for the charge and collection of all items of costs in cases brought into said Police Court, such

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as are incident and lawfully chargeable to the prosecution of said cases. Collection of costs. (12). Upon the failure or refusal of any person to pay any fine or costs 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 conducted in the same manner. Execution for costs, when. (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, his deputy or any member of the police force of the city, and shall be signed by said Mayor or Mayor pro tem. Mayor pro tem. SEC. 11. Be it further enacted by the authority aforesaid, That the police force of the city shall consist of a marshal, or a chief of police, a deputy 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 to 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 the 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

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expire until after the expiration of the full term for which they were elected. Police force. (1). Their compensation shall be provided by ordinance and shall not be increased or diminished during 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 this 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 police officer or policeman, where accusation is brought, and in all cases the board of commissioners of police may make appointment to the office or place of suspended person, such appointee to hold during the suspension. Said police shall have the 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 of officers. Duty of officers. Suspension of officers. Arrests. (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. Officers armed and uniformed. SEC. 12. That there shall be a board of police commissioners

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connected with the municipal government of the City of Albany, which said board shall consist of five (5) persons, citizens of said city, and neither of them shall be a member of the City Council, but the Mayor of the city shall 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, 1913, 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

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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. Mayor, presiding officer. Election, when. Vacancy, how filled. Terms. Eligibility for election. (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 convictions 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 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

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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 power to transact all business, 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 soi 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. Powers of Board. Records. Clerk. Quorum. Control of officers and members of police force. Suspensions. SEC. 13. There shall be a board of water, gas and electric light commissioners, of which the Mayor shall be ex-officio chairman. In addition to the Mayor, said board shall consist of two (2) members elected by the Mayor and Council from the citizens of said city. Any one 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

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more than fifteen (15) 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 waterworks, gas and electric light system of said city, in the manner hereinafter set out. Water, Gas and Electric Light Commissioners. Eligibility, election and terms of office. Vacancies, how filled. (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. Oath. Records and reports. Books, etc., subject to inspection. (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 (3) commissioners are present and vote in said election. Quorum. (3). That said board of commissioners shall biennially on Tuesday after the first Monday in January, elect one superintendent of waterworks, gas 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 Mayor and Council and

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the board, and whose compensation shall be fixed by the Mayor and Council. In 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, gas and waterworks plants, but no such employment shall be for a longer period than one (1) 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 waterworks, gas and electric lights. Employees, and their compensation. Infliction of penalties. (4). That said board shall have power to establish a scale of water, gas and electric light rates, make and enforce rules for the collection of same, adopt rules and regulations respecting the introduction of water, gas and electricity into or upon any premises, and from time to time to regulate the use of water, gas and electricity in such manner as shall seem to them necessary and proper; and shall have the further power to furnish at cost, place, and compel the use of meters, and prescribe the kind, and make the use of same a condition precedent to furnishing premises with water, gas or electricity, and to prescribe how and where such meters shall be placed; and the members of said board, the 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, gas or electricity 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

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gas works, 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 fifty dollars ($50.00), or imprisoned in the guard house, not exceeding fifty (50) days, either or both, or by fine with an alternative of such imprisonment; in addition, the board may shut off the supply of water or gas until the required examination is made, and such alteration and repairs are completed as necessary. Water, gas and electric lights, rates, rules, inspection, etc. (5). That said board shall regulate the distribution of said water, gas 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 purpose 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, gas and electricity, regulation of. (6). That said board shall have full power and authority to require the payment in advance for the use or rent of water, gas or 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, gas or electricity from such building, place or premises, and shall not be compelled to again supply said places or

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premises with gas or electricity or water until the arrears, with interest thereon, shall be fully paid. And said board shall have the power at their option to keep on hand and furnish to consumers at not exceeding cost, gas stoves, gas heaters or other devices of like kind as not, used in connection with gas, as said board may deem proper. Payments in advance. Gas stoves, heaters, etc. (7). That said board shall make no contract for the price of using water, gas or electricity for a longer time than one (1) year. All complaints regarding inequalities in the rates shall be heard by said board, and their decision shall be final and conclusive. Contracts. Complaints. (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 Commissioners. (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. Removal of citizen members.

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SEC. 14. Be it further enacted by the authority aforesaid, That 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, structure, uses and preservation, and to make such regulations concerning them, in all particulars, as may seem best for the preservation of the health of the inhabitants of the city, 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. SEC. 15. Be it further enacted by the authority aforesaid, That 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 and lay off new streets, alleys, or ways within the city, to alter in any manner or close and vacate and of the same, and to prohibit anyone from opening and laying off new streets or ways without the consent of the Mayor and Council. Streets and alleys. SEC. 16. Be it further enacted by the authority aforesaid, That 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,

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alleys or ways, 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. SEC. 17. Be it further enacted by the authority aforesaid, That 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 (10) days before the final action on such application. Grant of encroachments. SEC. 18. Be it further enacted by the authority aforesaid, 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 (5) citizens, with the Mayor and chairman of the standing committee of the City Council on streets

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as ex-officio members; the last two 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 (3) 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. The five commissioners now holding office are hereby continued in office until the expiration of their respective terms as fixed by the Act of the General Assembly approved August 15, 1910, entitled 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, (Acts 1910, page 346, Section 18); and their successors shall be elected at the times prescribed in said Act, to-wit: 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 thereafter, three members of said commission shall be elected; and 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 play-grounds, squares, cemeteries owned or controlled by the 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 play-grounds, cemeteries as aforesaid, or streets, what trees, plants or shrubbery may be planted therein, and when such removal and planting shall take place; it shall

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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, provision shall be made by the said Council for penalties necessary for the due observation of said rules and regulations. Each citizen member of 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 pecuniarily directly or indirectly in any contract 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 the 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 vicechairman of the commission. The Mayor shall be ex-officio chairman of said board, and a vice-chairman shall be elected by the commission. Four (4) of said commission shall constitute a quorum with power to transact all business. It shall have the power to adopt such rules for

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its government as it may prescribe. Accurate accounts of 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 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. Eligibility. Present Commissioners. Election of successors. Powers of park and tree commission. Oath. Chairman and vice-chairman. Quorum. Reports. SEC. 19. Be it further enacted by the authority aforesaid, 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 reserve in said grant the right by 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. Grant of franchises. SEC. 20. Be it further enacted by the authority aforesaid, That 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

Page 550

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 twenty-one (21) provided, for the passage and adoption of ordinances and resolutions, which said Section twenty-one shall not apply to said code; provided, further, that only the ordinance adopting a code shall be passed in accordance with said Section twenty-one; provided, further, that nothing in this Section contained shall render said Section twenty-one inoperative relative to ordinances and resolutions adopted subsequent to, or amending said code. Code of ordinances, etc. SEC. 21. Be it further enacted by the authority aforesaid, That 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 two hundred dollars ($200.00) or imprisonment in the guard house, city prison, or other place provided, or by compulsory labor on the streets or other public works or the city chaingang, not to exceed sixty (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 guard houses, city prisons or work houses for the confinement and detention of persons arrested and convicted for the violation of the city ordinances. Power to pass ordinances and resolutions.

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(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 ordinances 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 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 passed. (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. Signing of ordinances. (3). All ordinances and resolutions 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 Council a regular ordinance and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or 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 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 resolutions 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. Ordinances and resolutions.

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SEC. 22. Be it further enacted by the authority aforesaid, That said city shall have the power and authority by ordinance to pave, repave 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; and 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 regrade repave, recurb, re-macadamize or repair the pavement, curbing, grade or drainage of the same, and to assess one-half of the total cost of same 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 thereon; 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 (2) feet on each side thereof, and to require said companies to repair or repave 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 by execution, issued against said company or companies, as hereinafter provided in this Section; and said city shall be and it is hereby empowered to enforce the payment of the assessments, provided for in this Section, by execution against the abutting property and against the owners of the same, which execution shall be issued and enforced by levy and sale of said property like executions for taxes under existing ordinances, or such as may hereafter be

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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, as provided for by Section (879) eight hundred and seventy-nine et. seq., of Volume one (1) of the Code of Georgia of 1910, and amendments thereto; and all assessments heretofore made by said city for the purposes herein specified, but remaining unpaid, may be enforced as herein set out; 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. One publication of the ordinance or ordinances providing 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

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copy shall not invalidate the ordinance, the assessment or levy, nor any other proceedings thereunder. Paving, etc. SEC. 23. Be it further enacted by the authority aforesaid, 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. Taxation. (1). Said city shall have the power to provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such return, and to provide penalties for failure to do so; to double tax defaulters, after due notice and hearing to be prescribed by the Mayor and Council, for the current or any previous years, not in conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns are due, and shall have the power to enforce the collection of taxes by execution issued by the clerk of Council, directed to the marshal or chief of police and

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bearing test in the name of the Mayor, which execution shall be issued in the time and in the manner prescribed by city ordinances not in conflict with the State law, and such executions shall be enforced by the marshal or chief of police by levy on and sale of the property of the defendant, and the sales under same shall be conducted as is now, or may hereafter be, provided by State law and city ordinances, not in conflict with said State law; and where the owner of property in said city is unknown, such execution may be issued against said property and the levy on and sale thereof shall be had as herein provided. And said city's power to provide machinery or methods for the return, assessment and taxation of property within the city, shall be as full and complete as that of the State. Tax returns. (2). Said city shall have power 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. Occupation tax. (3). Said city shall have the power to require each male resident living within the present or future corporate limits of the city, between the ages of sixteen (16) and fifty (50) years, inclusive, to work upon the streets in said city, as the Mayor and Council may direct, for as many as six (6) days in each year, or in lieu of said work to pay a street or commutation 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 and enforced as other executions for city taxes; and to provide for the

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punishment in the City Police Court, of such residents who have failed or refused to pay the commutation tax when demanded by the person or officer appointed by the Mayor and Council to make such demand, and who shall, without a good excuse, fail or refuse to appear at the time and place appointed, to work, when summoned or notified by the person or officer whose duty it is to give said summons or notice by the regulations of the Mayor and Council, or who shall fail or refuse to do faithful work, as ordered by the person or officer in charge of the work, when such residents have appeared. Street duty. Commutation tax. (4). Said city shall have the power to appoint boards of tax assessors of real and personal property, consisting each of three (3) freeholders of said city, which boards shall assess for taxation respectively the value of all personal and real property in the city, and perform such other duties in connection therewith as the Mayor and Council may prescribe. And each of said boards, when sitting, shall have the powers of a Court to compel the attendance of parties and witnesses, to require the production of books and papers, and to enforce such attendance and production by attachments for contempt, which may be punished by said boards respectively, as in this charter prescribed for contempt committed before the Police Court. And the Mayor and Council shall have the power to provide by ordinance, not in conflict with State law, for the ascertainment of the value of taxable property by said boards in contested cases, and shall provide by ordinance, not in conflict with State law, for notice and hearing to taxpayers, the value of whose property has been increased, or whose unreturned property has been assessed. Tax assessors. SEC. 24. Be it further enacted by the authority aforesaid,

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That the City of Albany shall, in addition to the powers hereinbefore granted, have the following powers: Additional 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. Abatement of 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 to the public, and to revoke the license for same when they prove dangerous and injurious to health aforesaid. Regulation of butcher pens, etc. (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 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 and public houses.

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(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. Impound animals. (6). To require owner 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, which execution shall be issued and enforced in the same manner, and with the same privilege, as to contest, to the defendant as provided in case of sidewalk and street paving executions. Require owners to drain lots and fill excavations or depressions. (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 carriage thereon. Regulation of vehicles and rates of freight and fares. (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 barrooms, 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

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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. Construction of sewers. (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. Regulation of machinery. (11). To establish one or more markets and regulate the same, fix hours of sale therein; prohibit the sale of marketable commodities elsewhere within the city, and pass all ordinances, rules and regulations necessary and proper to control marketing within the city. Establishment and regulation of 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. Chain-gang. (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 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

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time prescribe by ordinance to guard against loss by fire, injuries to the person or damage to property. Inspection of buildings. SEC. 25. Be it further enacted by the authority aforesaid, That the enumeration of powers contained in this Act shall not be considered as restrictive, but the City of Albany and its municipal authorities may exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and the Mayor and Council may pass all laws and ordinances, rules and regulations, they may deem needful and proper for the general welfare of said city, and where, under this charter, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, 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 the laws of the State. Enumeration of powers not restrictive. SEC. 26. 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; provided, that nothing in this Act contained shall operate to effect or repeal the Act of the General Assembly of Georgia, approved August 21, 1906, 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. Public school system not repealed. Approved August 17, 1912.

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ANDREW FEMALE COLLEGE, CHARTER AMENDED. No. 571. An Act to amend an Act incorporating Andrew Female College, approved January 15th, 1854, so as to change the name of said institution to Andrew College, and to provide for the election of Trustees. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That Section one of the original Act incorporating Andrew Female College be so amended as that it shall be named Andrew College instead of Andrew Female College. Andrew College. SEC. 2. Be it further enacted by the authority aforesaid, That said original Act be so amended as to provide for the election of a Board of Trustees of said college to consist of not more than twenty-one members, said Trustees to be elected by the original Board of Trustees and their successors to serve six years each, the terms of office being so arranged that one-third will retire from office every two years. Said new Trustees to be elected by a majority vote of said Trustees. Board of Trustees. SEC. 3. Be it further enacted by the authority aforesaid, That after the next meeting of the South Georgia Conference of the Methodist Episcopal Church, South, no one be allowed to act as a Trustee whose election has not been confirmed by said South Georgia Conference. Confirmation of election of Trustees by South Georgia Conference. SEC. 4. Be it further enacted by the authority aforesaid, That all laws or parts of laws that are in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912.

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ATLANTA, CITY OF, CHARTER AMENDED. No. 619. 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, and it is hereby enacted by authority of the same, 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 Mayor and General Council of the City of Atlanta are hereby authorized to bargain, sell and convey the property known as Lakewood or the old waterworks property, where the first waterworks system was located to a company to be hereafter organized for the purpose of improving said property with roads, parks, drives, buildings and similar arrangements prepared for the holding of expositions or fairs or similar public functions subject to the following conditions: Lakewood property, sale of on conditions, to a company, to be organized. 1. Said company shall agree to improve said property by constructing buildings, roads, drives, and other permanent improvements thereon to a total amount of improvements of not less than 1 4/10 times the total bond issue, (exclusive of work done by authority of Fulton County) which bond issue shall not exceed $500,000.00. Amount of improvements required. The character, location and amount of separate expenditures to be approved either by the Mayor and General

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Council as a body or by some committee appointed from the General Council. 2. The capital stock of said company, to be thus formed, not to be less than $250,000.00 and said company to further improve said property by the co-operation of the county and federal authorities in such manner and to such extent as such county and federal authorities may agree and furthermore to improve said property from donations therefor by persons or corporations favorable to the construction of an exposition or fair ground of the kind herein provided for. Capital stock required of purchasing corporation. Further improvements. 3. When said grounds have been so improved, the city shall have and said deed of conveyance shall be conditioned upon the right reserved by and in the city to buy back and to have re-conveyed to it said Lakewood or old waterworks property together with all improvements of every kind thereon without any liability on the part of the city to pay therefor except that the city re-purchases and has re-conveyed to it said property subject only to the bond issue above provided for and all other charges by reason of improvements or buildings of any kind thereon constructed either by the company or by donations or by the county authorities or by the federal authorities or otherwise shall not be assumed nor shall the City of Atlanta be expected to pay therefor but same shall either be paid for by the parties constructing the same or by the company to whom this land is herein conveyed. Right of city to repurchase. 4. All improvements of any kind placed on said Lakewood property by anybody shall be either paid for by the corporation to whom the Lakewood property is conveyed or shall be in the nature of donations and shall not become a lien or charge on the Lakewood property so conveyed. No liens.

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5. That the purchasing company shall have no right itself to conduct or operate fairs, expositions or like functions on said grounds but may have, with the consent of the Mayor and General Council, the privilege of leasing said grounds to other persons or corporations for this purpose. Fairs, expositions, etc. The details of the transfer shall be left in the discretion of the Mayor and General Council and the general provisions hereinbefore provided shall be observed in the execution of the authority herein conveyed. Details of transfer. The above provisions shall not become effective nor of force until ratified and approved by a vote of a majority of the votes cast at regular city election, at which election the propositions herein set out shall be submitted and the result shall be declared in the same manner as the result of the regular city election. Effective, when. SEC. 2. That the tax committee of the General Council, at its first meeting following the organization of the General Council each year, shall elect a chief clerk for the tax office. Such chief shall have charge of all tax returns and, in connection with such assistants as said committee or the General Council may provide, is empowered to receive tax returns of all realty and personalty subject to taxation by the City of Atlanta, and he and his assistants are given the power to administer oaths to the persons returning same and he and his assistants shall perform all the duties heretofore exercised by the tax assessors and receivers in receiving such returns, but not in making assessments, this authority to remain in the tax assessors. Such chief clerk and his assistants shall carry out and perform such other and further duties as may be imposed upon them by ordinance or by the tax committee and it shall be their duty to

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secure adequate and just returns of all property in said city subject to taxation. Said chief clerk and his assistants shall deliver into the possession of the tax assessors all returns of personal property and shall enter upon the tax digest such returns, together with all assessments of real estate and said tax digest shall be so arranged as to contain all the property of each tax payer of the city after the full value of same has been finally assessed and approved by the tax assessors as above provided. Tax office, chief clerk for, and assistants, their duties, etc. SEC. 3. Any tax payer, feeling aggrieved at the assessment of his or her real or personal property, may file a petition with the chairman of the tax committee, setting forth, under oath, all the property, real and personal, owned by said tax payer and subject to taxation by the city, at its true market value as well as giving the assessment thereon by the tax assessors. Said chairman shall submit this petition to the tax committee who shall have a hearing thereon after giving notice of the time and place of such hearing to the petitioner as well as to the tax investigator or other persons which said committee desires to be present, and also to the tax assessors. At said time and place the tax committee shall investigate all the facts relating to said tax payer's return and after such investigation, shall order same reduced or raised or approved as said committee may find to be just, fair and reasonable and shall, also, report to the General Council, at the following meeting, their findings upon such hearing. If their findings are approved by the General Council, these findings shall thereupon be held final for the year for which such assessments were made. At such hearings, the General Council may provide, by ordinance, for the production of books, papers, etc., necessary for full investigation. Also, to issue subp[oelig]na duces tecum to any tax payer, requiring

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production of all his books, papers, policies, etc., in order that the true values may be ascertained. Tax assesments, petition to reduce. SEC. 4. That the Mayor and General Council of the City of Atlanta shall provide by ordinance a system of appeal from the tax assessors by which any citizen and tax payer of the City of Atlanta who feels that any return made by any tax payer is false, fradulent or inaccurate, or that the assessments upon any piece of real estate of such tax payer is unequal or that the assessment upon the personal property of such tax payer is unfair or unequal, may, in writing, make complaint to the chairman of the tax committee of the General Council. When such complaint is filed with such chairman, the same shall set forth the exact property claimed to be improperly assessed or incorrectly returned and shall, furthermore, state in what respect such assessment or return is unfair, inadequate or otherwise improper. Upon receiving same, the chairman shall at once refer the claim to the tax investigator, or some selected employee, who shall investigate the complaint fully and ascertain all the facts surrounding such return or set forth in the complaint, comparing the allegations of the complaint with the returns or assessments complained of. After this, he shall make a return of his findings, together with the complaint, to the tax committee. The tax committee shall proceed at once to consider the complaint and the result of the investigation aforesaid. If such return is in the opinion of the committee, unfair, inadequate or incorrect in any respect, they shall correct same in accordance with their best judgment and order the record of the assessment to be changed to conform with their findings. From this order or finding, either the tax payer making complaint or the tax payer whose return is questioned, shall have the right of appeal to the General Council, who

Page 567

shall fix a time and place of hearing same. At such time and place, after notice to the appellant and appellee, also to the city official whose act is questioned and to such other persons as they desire to be present, the General Council shall pass an order setting forth its finding and this order shall be final and shall not be subject to appeal. It shall be entered upon the records of the tax office as the true and correct return of the property in question. Appeal from tax assessors. SEC. 5. That the Mayor and General Council of the City of Atlanta are hereby authorized and empowered, in their discretion, and when an ordinance is passed providing therefor to vacate, abandon and close Pearl street where same crosses the right of way of the Georgia Railroad and Banking Company in said city or so much of the street, where crossing said right of way, as in the discretion of said Mayor and General Council may be best for the general welfare of said city, all or a part of said street where crossing said right of way to be closed or not closed as may be provided by the ordinance of said Mayor and General Council. Pearl street, provision for closing. SEC. 6. That the limits of the City of Atlanta, as now defined, be extended so as to add thereto and include therein the following territory, to-wit: Commencing where the land lot line running east and west between land lots 104 and 105, in the 14th district of said county intersects the present city limits, running thence easterly along the said land lot line to the center of Stewart avenue, thence northerly along the center of Stewart avenue to the present city limits; thence along the present city limits to the beginning point; this boundary line to include all those portions of land lots 105 and 106 of the 14th district of said Fulton County not now or heretofore included in the limits of said

Page 568

city. The territory just described and the people now or hereafter living therein and the property now or hereafter constructed thereon, shall be subject to all the laws and ordinances of the City of Atlanta in the same manner and to the same extent as the other sections of said city and shall have the same rights and privileges as other sections of said city in so far as applicable thereto. Extension of limits. Provided, that the terms of this Section shall not become operative unless a majority of the qualified voters residing in said territory shall vote in favor of said annexation. An election shall be held on Monday, September 2nd, 1912, at the store house known as Lunsford's, at corner of Dill and Seminole streets or avenues, the polls opening at seven (7) o'clock A. M. and closing at six (6) o'clock P. M. on said day. Three managers and three clerks shall be appointed to hold said election by the Ordinary of Fulton County, at least two days prior to said date. Said managers shall take and subscribe an oath to fairly conduct said election before entering upon their duties. If any manager or clerk fail to appear, at time and place named, the remaining manager or managers shall fill the vacancies from any of the residents of said territory. Those favoring said annexation shall have written or printed on their tickets the words For Annexation. Those opposed thereto, shall have written or printed on their tickets the words Against Annexation. The managers and clerks shall canvass the result of said ballots and certify the result thereof to the Ordinary of said county by twelve (12) o'clock M. of the day following. Said Ordinary shall cause the result, so certified, to be entered on the minutes of his Court. If a majority vote in favor of annexation, then the provisions of this Section shall become operative and take effect, upon the filing of the certificate of the result, as above required. If a majority vote

Page 569

against annexation, then the provisions of this Section shall become null and void upon the filing of said certificate. The qualified voters above referred to shall be such residents of said territory as have been duly registered by the Registrar of Fulton County for the year 1912, and are entitled to vote for State officers in the election to be had therefor this year. Operative, when. SEC. 7. That the Mayor and General Council of the City of Atlanta are authorized and empowered, in their discretion, to construct in and along all the streets of said city as the General Council may provide, a separate or additional sewer system to be known as the sanitary sewer system and this authority may be exercised at any time or at different times or in different sections generally in the manner and to the extent as deemed best by said Mayor and General Council. The sewer herein provided for shall be laid along streets where sewers are now laid or in new streets, but however laid, shall be assessed against the abutting property owners in the same manner and to the same amount as is now provided for the construction of sewers in said city and when so assessed execution may be levied on said abutting property, if said assessments are not paid, and collected in the same manner as now provided by charter for the collection of other sewer assessments in said city. The present provisions regarding the introduction and advertisement and passage of sewer ordinances and for the assessment and collection of assessments against abutting property owners, as now obtain in the charter of said city with reference to sewers, shall obtain and be followed in the installation and construction of the sanitary sewer system as herein provided. Sanitary sewer system. SEC. 8. That the mayor and General Council of the City of Atlanta are hereby authorized and empowered to

Page 570

consider and pass upon applications by abutting property owners for the pavement of streets without requiring such applications to set out more than that the pavement desired shall be of some general character of smooth pavement or macadam pavement and when such petition is filed the advertisement thereon may request bids on the several kinds of pavement coming within the general classification, and when such bids are received, the Mayor and General Council shall have the right to determine which of the bids shall be accepted, not being required to accept or reject any particular bid but having entire discretion as to same. The purpose of this amendment being that the petition for the pavement of streets need not set out the particular pavement desired, but may in general terms request a smooth pavement or macadam pavement and under this application the advertisement and bids may cover all the character of pavements included within such general classifications, leaving with the Mayor and General Council the final right to determine which particular pavement shall be constructed. The present provisions of the character with reference to said several character of pavements shall remain as now provided. Applications for street paving. SEC. 9. That the Mayor and General Council be and they are hereby authorized, in their discretion, to provide for the construction of guttering on the streets of said city at the same time that curbing and sidewalks are laid in such streets or at other times if, in the discretion of said council, same are necessary and required. Said guttering may be laid by resolution of the Mayor and General Council; provided, said resolution lays over from the meeting, at which introduced, to the next regular meeting, which is hereby declared to be notice to abutting property owners. At said regular meeting, same may be passed and when

Page 571

passed shall constitute a lien against the abutting property owners for the cost thereof. After the passage of said resolution the guttering shall be constructed, the abutting property owners notified of the cost thereof and, on their failure to pay same, executions shall be issued against the abutting property for the cost of same and, in default of payment, shall be levied and collected in the same manner as executions for the paving of sidewalks. The cost of the construction of such guttering shall constitute a lien against such abutting property from the date of the passage of the resolution providing therefor. In case old guttering has become defective, same may be so declared by resolution of the Mayor and General Council and new guttering required to be laid and the cost thereof collected in the same manner as herein provided for guttering. Guttering on the streets. SEC. 10. That the Mayor and General Council of the City of Atlanta are hereby vested with authority and power to require all social, locker or other clubs in which lockers or similar arrangements are maintained wherein intoxicants of any kind are kept for the use of members, to secure a permit for the operation of such club from the Mayor and General Council before beginning to operate or maintain or to continue to operate and maintain same, if now operating, and furthermore said Mayor and General Council are hereby authorized and empowered to impose a license fee or charge against such clubs of not exceeding five hundred dollars per annum, payable in such manner as may be provided by ordinance. Said Mayor and General Council are further authorized and empowered to provide by ordinance for the punishment of any person or persons violating the provisions thereof, as herein provided, by a sentence to pay a fine not exceeding five hundred dollars or to work upon the public works of said city for not exceeding

Page 572

thirty days, either or both in the discretion of the recorder. Social locker or other clubs, permits for. License fee. Punishment for violation. SEC. 11. That the Mayor and General Council of the City of Atlanta are hereby vested with power and authority to abandon, vacate and close the portions of Forsyth street now forming a passage between the approaches to Forsyth street bridge on both the north and south ends thereof, and furthermore to vacate, abandon and close Forsyth street or so much thereof as is underneath the approaches to and the bridges known as Forsyth street bridge. Following the exercise of the authority herein granted said Mayor and General Council are authorized to close the openings to said bridge and to cover same by a pavement and form a continuous street from Marietta to Alabama street; provided, that said underpass shall not be closed nor said portion of said street vacated until other adequate and reasonable means of ingress and egress from the roads and yards of the Western and Atlantic Railroad shall be provided by the City of Atlanta, and before said underpass shall be closed, plans and specifications of the proposed new means of entering said tracks and yards shall be prepared and submitted to the Railroad Commission of Georgia and approved by them, then said plans and specifications shall be submitted to the Governor and if approved by him then, after said new means of ingress and egress from said tracks and yards have been constructed and opened in accordance with said plans and specifications, then said Railroad Commission, if satisfied that said new means of ingress and egress conform to said plans and specifications, shall issue their order permitting said underpass to be closed and said portions of said street vacated. Forsyth street underpass, authority to close.

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SEC. 12. The Park Commission of the City of Atlanta shall be composed of one member from each ward thereof and the Mayor and chairman of the committee on parks shall be ex-officio and additional members thereof and shall be hereafter recognized as one of the regular boards of said city. These provisions shall apply to the existing park commission, the members of which shall continue in office until the end of the terms for which they have been elected respectively, unless vacancies occur by death, resignation or removal from office in which event the vacancy shall be filled by elections by the Mayor and General Council. The park commission shall elect the officers and agents of the department of parks and shall have supervision, control and government of the parks of the city in conformity with existing ordinances and such other ordinances as shall be made by the Mayor and General Council, but shall not have power to bind the city by contract for the purchase of park property or improvements thereof or salaries in excess of actual appropriations made to the department of parks by the Mayor and General Council. Park Commission. SEC. 13. That the Mayor and General Council be and they are hereby authorized to regulate hotels, lodging houses, dance halls, rooming houses and similar places and they are further authorized and empowered, by ordinance, to require all person or persons owning or operating such hotels, houses or halls to apply for a license for the operation of same and such license may be granted or refused in the discretion of the Mayor and General Council and their action in the premises shall be final. For a violation of such ordinance or the operation without a license granted, as herein provided, any person or persons adjudged guilty thereof in the Recorder's Court shall be subject to a sentence to pay a fine of not exceeding five

Page 574

hundred dollars or to work on the public works of the city for not exceeding thirty days, either or both in the discretion of the recorder. Hotels, etc., regulation of. SEC. 14. That the Mayor and General Council are hereby authorized and empowered to vacate, abandon and close all or any part of James street, west of Spring street; provided, means of ingress and egress to and from Spring street and Cain street are obtained by the extension of Williams street from Cain to James street. James street, authority to close west of Spring. SEC. 15. That hereafter wherever any improvement is made upon a street, such as the pavement of a street, the pavement of sidewalks, the construction of curbing and the laying of sewers and similar public works and the cost of such improvement is a lien on abutting property and is assessed against same and, in default of payment is collected by execution, levy and sale against the abutting property, such lien shall attach against the abutting property owned by railroad companies whether entirely composing the right of way or partly composing the right of way in the same manner and to the same extent as against other abutting property and such right of way shall be subject to assessment, execution, levy and sale in the same manner as liens on other abutting property whether such right of way has upon it railroad ties, tracks or not. In default of the payment of such assessments and executions issued thereon the particular part of such right of way in front of which said improvement is made shall be subject to levy and sale although it may bisect the right of way or cut same in two or cut out a part thereof or in any other way interfere with the tracks or equipment of the railroad operating over same. Assessments against railroad companies for improvement of streets, etc.

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SEC. 16. That for the purpose of making definite Brown street now forming a part of the boundary line of the City of Atlanta, said Brown street is hereby defined as being a street heretofore known as Brown street or Corrie street or Corrie Brown street if the line of same were extended to Emmett street. All of said Brown street is not open but it is defined as being the part which is open and which has been laid out or contemplated to be opened or in a straight line with the part that is open to Emmett street. Brown street defined. SEC. 17. That the Mayor and General Council are hereby authorized to provide by ordinance for the prevention of the emission of soot or black or dense smoke from the smoke stacks, chimneys, engines or boilers within its limits and to provide for a punishment for a violation thereof and also to provide for the inspection of the quantity and quality of gas furnished by gas meters, and to create the office of smoke and gas inspector and to define his powers and duties and to create an advisory board to act in conjunction with such officer in carrying out the purposes of this amendment. Ordinance for prevention of soot and smoke authorized. Inspection of gas. Smoke and gas inspector. SEC. 18. That the liens for all assessments for all kinds of work the cost of which is collected by assessments against the abutting property shall attach and become fixed on the date of the resolution providing for same or of the ordinance, where ordinance is required, assessing the cost thereof, and these liens shall remain established and fixed without the necessity of recording same or of recording the execution issued thereon or any further or other proceedings; provided, however, that the provisions of this Section shall not be effective unless the general law requiring the filing of executions with the clerk of the Superior Court and entry of same upon the general execution

Page 576

dockets shall be amended excepting executions upon assessments for such work from the requirement of being so filed and recorded. Liens for assessments attach, when. SEC. 19. That the jurisdiction of the City of Atlanta for all police purposes, such as peace, good order, health, morals, etc., be and they are hereby extended over the lines of all sewers, trunk and intersepting, built by the city without the city limits and for the full distance of said sewers and for a full width of ten feet from the center of same on either side and, furthermore, such jurisdiction, for all of the police purposes aforesaid, be and the same is hereby extended over the lands purchased by the city for the location and maintenance of sewer disposal plants, septic tanks and similar works and places for the treatment of sewerage, this jurisdiction to cover the entire tract so purchased whether same is entirely covered with such works or not. Persons guilty of violating any of the ordinances of the city enacted for police purposes, as aforesaid, within the jurisdiction as above extended, shall be subject to the jurisdiction of the Recorder's Court and punished in the same manner as for offences committed within the city limits. Jurisdiction of city over lines of sewer for police purposes. SEC. 20. That the Mayor and General Council of the City of Atlanta are authorized and empowered to extend pipes from water mains to curb lines prior to paving or repaving of the streets in which such water mains are laid and to assess the cost of such extensions as herein authorized against the abutting property and to issue bills therefor against the abutting property and, in default of payment to issue executions thereon and levy and collect same in the same manner as is now provided by law for street assessments; provided, however, that the extensions herein

Page 577

authorized shall be made only for every fifty feet of frontage unless the property owner, where owning in excess of fifty feet of frontage, shall agree in writing to waive for a period of five years after the construction of such water main the right to enter the street or to have water mains extended to his line and this agreement shall be a covenant running with the land and shall bind his heirs and assigns. When so signed, the city shall have the right and option to make one or more connections, as they may see fit, and assess and levy therefor as above provided. Extension of pipes from water mains to curb lines. SEC. 21. That the Mayor and General Council are hereby authorized and empowered to establish a system of street numbering and to provide for the use of the numbers established therefor by the owners or tenants of all improved property within the city and, also, to make penal the use of numbers other than those established, under a penalty of one hundred dollars fine or a sentence of thirty days upon the public works, in the discretion of the recorder and, also, in their discretion if they deem it to the general welfare of the city, to provide a system by which plates are prepared sufficient for all the houses within the city, notification to owners or tenants to use same and, in default of using same in accordance with notice, to have such plates put up at the cost of the property owners, and to make the cost thereof a lien against the property so numbered and to provide for the assessments thereof, executions thereon, levy and sale, in default of payment in the same manner as other street improvements. System of street numbering. SEC. 22. That the provisions of the charter as now codified in Section 465 of the City Code of 1910, whereby the services of the city investigator, or members of the board of trustees of the Grady Hospital, trustees of Carnegie

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Library, board of education, park commission, cemetery commission is excepted from the prohibition against holding two offices under the city government at the same time be and the same is hereby stricken and hereafter the acceptance of any of the offices above named shall vacate the other office held at the time of such acceptance and any officer holding either of the positions named and some other city office shall, within ninety days after the approval of this amendment, elect which office he will continue in and file written statement of this acceptance with the clerk of Council and thereupon a vacancy shall be created in the office which the official has elected to vacate and same shall be filed in the manner provided for filling vacancies in such positions. Holding two offices forbidden. SEC. 23. That the Mayor and General Council be and they are hereby authorized, in their discretion, to condemn the pavement on any street, sidewalk or other public place, or sewer, or curbing or guttering or work heretofore or hereafter laid, under their authority, when, in their discretion, said pavement, sewer, curbing, guttering or other public improvement is worn out to such extent that it is no longer useful for the service intended and this action may be taken at such time as said Mayor and General Council may deem for the general welfare of said city with notice to abutting property owners. Condemnation of pavement, etc. SEC. 24. That said Mayor and General Council be and they are hereby authorized in their discretion, to revoke any license or permit issued to social, locker or other clubs, hotels, lodging houses, dance halls, rooming houses or similar places or any other license or permit issued under their authority, whenever they deem it to the general welfare of the city to take such action with or without notice to the parties to whom same were originally granted. Revocation of licenses or permits.

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SEC. 25. That said Mayor and General Council be and they are hereby authorized to establish a zone or limits within which surface closets will not be permitted either to remain or to be hereafter constructed and to provide by ordinance for the regulation of such zone and to provide for the punishment for the maintenance or erection of such closets within said zone under penalty of not exceeding one hundred dollar fine for each day same is continued, or a sentence to work on the public works of the city for not exceeding thirty days for each violation of such ordinance, either or both penalties to be inflicted in the discretion of the recorder. Surface closets. SEC. 26. That the system of pensions heretofore authorized be amended as follows: (a) All policemen, firemen, teachers or other city employees to whom pensions are granted under existing charter provision may, as a condition of receiving their pensions, be put to such service as their physical condition will permit in either the same or different departments from that in which they were serving at the time the pensions were granted. Employees' pension system amended. (b) That an additional service pensions be established as follows: Any policeman, fireman, teacher or other city employee or official who has performed thirty-five years continuous service in office may be relieved of duty and retired for the remainder of their natural lives, upon half of the salary, payable monthly, that such employee received at the time of retirement; provided, said pension shall not exceed the sum of one hundred dollars per month upon the recommendation of the head of their respective department, the approval of the Mayor and the adoption or rejection thereof by the General Council, as provided in the

Page 580

existing charter and set forth in Section 499 of the City Code of 1910. SEC. 27. That the power and authority vested in the Mayor and General Council of the City of Atlanta, by Section one of the charter amendment approved August 15, 1910, under which sewers may be constructed from the main line to the property line at the time same are laid, be further extended so as to authorize said Mayor and General Council to extend such sewers from the main line to the property line after such main sewers are built whenever it is proposed to pave or re-pave the street in which the sewer was originally laid so as to prevent the tearing up of the pavement in order that house connections may be thereafter made. The cost of the extensions laid under this provision shall be collected in the same manner as is provided for the cost of the extensions laid under the power and authority given by Section one of said amendment. Extension of sewers from mains to property line. SEC. 28. That the Mayor and General Council of the City of Atlanta are hereby authorized and empowered, in their discretion, to pave or re-pave any of the streets or portions of the streets or public places of the city with a permanent form of pavement and assess two-thirds of the cost thereof upon abutting property owners; provided, that any street railway company, having tracks on any street, or public place or portion paved or re-paved thereof under this authority, shall be required to pay the whole cost of paving or re-paving or otherwise improving the street under this amendment for the full width of sixteen feet of such pavement where they have two tracks thereon, and eleven feet where they have one track thereon, and for the full distance of the street or portion of the street so

Page 581

paved or re-paved. No resolution or ordinance seeking to pave or re-pave a street or public place, as herein authorized, shall be passed without having been first introduced and referred to the committee on streets and, pending its consideration, an advertisement shall be inserted at least one time, in one of the daily newspapers of the city, ten days before the final passage of such resolution or ordinance, such advertisement giving notice of the introduction of such resolution or ordinance, the street, public place, or portion thereof, proposed to be paved or re-paved, the probable cost per front foot and it shall set forth that the property owners or others interested are notified to appear at the regular meeting of the General Council to be held, at a time stated in said advertisement, and make any and all objections they may desire to urge to the passage of such resolution or ordinance. At the time named in said advertisement, if any property owner or other person desires to make objection to the passage of such resolution or ordinance, full opportunity shall be given him at said meeting. At said meeting, and after hearing of objections, if any are made to the passage of such resolution or ordinance, the General Council shall have the full right and power, in their discretion, to order such pavement or re-pavement laid. When laid, an ordinance shall be passed assessing the cost thereof as follows: The city shall pay one-third of the cost of all pavement or re-pavement laid under the provisions of this amendment and the abutting property owners the remaining two-thirds, being one-third against the abutting property owners on each side of the street or portion of the street so paved or re-paved, except that where a street car company has tracks on said street or portion of street, so paved or re-paved, the company owning or operating same under lease or contract shall be assessed for the cost of paving or re-paving said street

Page 582

or portion of street for the full distance of such pavement or re-pavement and for the full width of sixteen feet where they have two tracks thereon and eleven feet where they have one track thereon, and after deducting the amount of this assessment against said company, then the city will pay one-third thereof and the abutting property owners two-thirds thereof, being one-third of the total assessment against the abutting property owners on each side of the street or portion of the street so paved or re-paved. The assessing ordinance shall so assert a lien and declare same at the time same is passed. If the street railway company shall afterwards construct a track or tracks in any street or portion of street paved or re-paved under this authority, it shall pay into the treasury of the city a like amount, as if originally assessed, and same shall be distributed among the owners of the property, at the time of such re-pavement, and the city in proportion to the amount originally paid by the owners and city at the time the pavement was laid. Generally the provisions as to assessments set forth in the present charter as published in Section 359 of the City Code of 1910 shall be followed. Paving assessments. SEC. 29. The pensions now authorized under existing charter provisions as set out in Sections 495, 496, 497, and 498 of the City Code of 1910 and the additional pension authorized in this Act, may be allowed not only upon the petition of the officers and employees therein named, but the General Council may by resolution, or the board or commission under which such officer or employee serves, may likewise by resolution initiate such proceedings. In case the General Council or such board or commission initiates pension proceedings, same shall be done by resolution and shall take the place of the petitions as now authorized on the part of such officer or employee, and

Page 583

when passed shall be first referred to the city health officer; second, to the head of the department under which the officer or employee named therein served, and, third, if said health officer and said head of department recommend said officer or employee for retirement, then all the papers shall be filed with the Mayor of the city and he shall consider same as provided in Section 499 of the City Code of 1910, and same shall be likewise reported to the Mayor and General Council, as provided in said Section, in all cases where the Mayor recommends that said pension be granted, but, finally, the General Council shall have the right and power, in their discretion, to adopt or reject the recommendations for pensions as herein authorized and their action in the premises shall be final, but, where said General Council direct that such officer or employee be retired on pensions, as herein authorized, then and in such event, said officer or employee shall be placed upon the pension list and thereafter receive only the salaries authorized to be paid to such pensioners. The provisions of this amendment shall apply to officers who have been elected by vote of the people as well as those elected by vote of the Mayor and General Council or any board or commission of the city. Pensions of employees, how allowed. SEC. 30. That, at the first meeting of the Mayor and General Council held in each calendar year, after the new Council is sworn in, in addition to the Mayor pro tem., there shall be elected from the members of the aldermanic board an officer designated as Provisional Mayor pro tem., who shall serve without salary and whose term of office shall only be for such calendar year. In case the Mayor pro tem. is absent, or under disability, or disqualified, or the office is vacant for any cause, then the Provisional Mayor pro tem. shall fill the position of Mayor pro tem.

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and discharge all the duties thereof. If both the Mayor and Mayor pro tem. are absent, or under disability or disqualified or said offices are vacant for any cause, then the Provisional Mayor pro tem. shall fill the office of Mayor and discharge all the duties thereof. But on return of either officer or cessation of disability or disqualification or filling of vacancies in said offices, then the right and power of the Provisional Mayor pro tem. shall cease and determine. The provisions of present charter, codified in Section sixty-eight of the City Code of 1910, providing for the election of a Provisional Mayor pro tem. in a different manner and emergency are hereby repealed. Provisional Mayor pro tem. SEC. 31. That the Mayor and Council of the City of Atlanta be and they are hereby given full and complete authority to reorganize the department of the chief of construction of said city in such manner and form as they see fit and deem for the best interests of the city and its welfare. This right shall be exercised by said Mayor and Council in the same manner that it passes legislation affecting the city. Chief of construction, department of. This right of reorganization shall confer upon the Mayor and Council the right to prescribe the duties and qualifications of the head of such department, the several assistants which may be provided for him; to separate such department into two or more departments if it sees fit so to do, and to do all things needful to carry out the re-organization herein provided for. Duties and qualifications. Said department when reorganized shall be under the control and answerable to the City Council for its conduct, and this shall be so whether the department shall be kept as one or divided into two or more sections. Department under control of City Council.

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The heads of the one department, if there be but one, and of the several if there be more than one, shall be elected by the people. Heads of departments elected by people. In so far as the charter of the City of Atlanta and any amendments thereto heretofore passed conflicts with the provisions of this amendment and especially those fixing the qualification for chief, same are hereby repealed. The provisions of this Section shall not apply during the term of office for which any chief of construction may have been elected at any regular election, or nominated in a regular city primary. Section applies, when. SEC. 32. That hereafter, where vacancies occur in administrative or clerical offices, whether such vacancies occur by death, resignation or otherwise, same shall be filled by the board or commission, if such board or commission originally elected the officer filling same, and, by the Mayor and General Council, if such Mayor and General Council, or the qualified voters of the city, originally elected the officer filling same. Furthermore, whenever a vacancy occurs in the membership of the General Council, by death, resignation or otherwise, such vacancy shall be filled by election held by the Mayor and General Council, the person so elected to serve until the first meeting in January of the year following, at which time he shall be succeeded, if the term of the alderman or councilman extended beyond such time, by a person who shall have been elected at the regular city election held on the first Wednesday in December preceding. Vacancies, how filled. SEC. 33. That the Mayor and General Council be and they are hereby authorized to provide by ordinance for the punishment of offenses against the ordinances of the city

Page 586

on conviction in the Recorder's Court by sentence to work on the public works for not exceeding sixty days or a fine not exceeding five hundred dollars, either or both, in the discretion of the recorder. Punishment for violation of ordinances. SEC. 34. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. AUGUSTA, CITY OF, CANAL AND WATERWORKS COMMISSION. No. 311. An Act to provide a method of fixing the valuation upon the power producing canal and municipal waterworks of the City of Augusta as required in the amendment to Paragraph 1 of Section 7, Article 7, of the Constitution of the State of Georgia; to provide for allowing the City of Augusta to increase its bonded indebtedness, the Act of the General Assembly providing for which was approved August 16, 1909, as appears in the published laws of 1909, pages 77-80 inclusive, and which was proclaimed by the Governor of the State of Georgia on the 20th day of October, 1910, to have been adopted by the people of the State, and for other purposes. Whereas, the General Assembly did, by Act approved August 16, 1909, as appears in the published laws of 1909, on pages 77 to 80 inclusive provided for submission to the people for adoption an amendment to Paragraph 1, of Section 7, of Article 7 of the Constitution of the State

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of Georgia, adding to such Paragraph the following: Except that the City Council of Augusta from time to time, as necessary for the purpose of protection against floods, may incur a bonded indebtedness upon its power producing canal and municipal waterworks, in addition to the debts hereinbefore in this Paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty per centum of the combined value of such properties, the valuation of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure five per cent. of which shall represent the net revenue per annum produced by the two such properties together at the time of said valuation, and such indebtedness shall not be incurred except with the assent of two-thirds of the qualified voters of such city, at an election or elections for that purpose to be held as may be now, or may be hereafter, prescribed by law for the incurring of new debts by said the City Council of Augusta; and, Whereas, such amendment was adopted by the people of the State of Georgia, and the Governor of the State did, on the 20th day of October, 1910, proclaim that said amendment had been adopted by the people of the State; and, Whereas, at an election held by the citizens of Augusta on the 24th day of June, 1912, more than two-thirds of the qualified voters of such city voted to issue and sell one million dollars of bonds for the purpose of protection against floods upon the following conditions, as appears in the ordinance authorizing such bonds and in the notice of such election: It is distinctly understood and is a condition upon which this ordinance is adopted that the bonds hereby provided for shall not in whole or in part be issued unless and until it shall have been affirmatively ascertained, in accordance with the requirements of said amendment

Page 588

to the Constitution, and as may be prescribed by law that the valuation of said power producing canal and municipal waterworks is such that fifty percentum of the combined value of said two properties together at the time of such valuation shall be in excess of one million dollars ($1,000,000), and upon the further condition that such valuation shall be made within twelve months from the date of this ordinance; now, 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 P. E. May, J. W. Dickey, A. S. Hatch, Rufus H. Brown, and William Schweigert, of Augusta, Georgia, be and they are hereby appointed a commission for the purpose and with the full power and authority to ascertain and fix the combined value of the power producing canal and municipal waterworks of the city of Augusta, such valuation to be made in accordance with the terms, conditions and limitations of the amendment to the Constitution of Georgia, as set out in the preamble hereof. Power producing canal and municipal waterworks of Augusta, Commission to fix value of. SEC. 2. Be it further enacted, That for the purpose of carrying out the purposes of this Act said commission may examine the records of said power producing canal and municipal waterworks, subp[oelig]na and swear witnesses and require the production of whatever testimony it may desire with the same power as a Superior Court of this State, and the Sheriffs of this State and their deputies may serve all papers. Said commission shall perfect its own organization. Before entering upon their duties each of said commissioners shall take an oath to well and faithfully perform the duties of his office. A majority of said commissioners shall constitute a quorum and have full power to act. Said commission has full authority to fix its time

Page 589

and place of meetings. All expenses incurred by said commission shall be paid by the City Council of Augusta. Said commission shall proceed promptly to make said valuation and shall file one written report of such valuation with the clerk of the City Council of Augusta and one with the Clerk of the Superior Court of Richmond County to be by him recorded in the current deed book. Each of said reports shall be signed and sworn to by the commissioners making the same. Taking of testimony. Oath of members. Quorum. Expenses, how paid. Written report. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved July 15, 1912. AUGUSTA, CITY OF, ACT CREATING POLICE COMMISSIONERS AMENDED. No. 502. An Act to amend an Act entitled an Act to create a board of police commissioners of the City of Augusta, in this State, to define its powers and duties, and for other purposes, increasing the board of police commissioners of the City of Augusta from five to six members, one from each ward. 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 create the board of police commissioners

Page 590

for the City of Augusta, in this State, to define its powers and duties, and for other purposes, approved August 26, 1879, be amended so that said Act when amended shall read as follows: That from and after the passage o fthis Act, there shall be established a board of police commissioners for the City of Augusta, in this State, consisting of six upright and intelligent citizens, instead of five as heretofore provided by law, one from each ward of the said City of Augusta. City of Augusta, Police Commissioners. SEC. 2. That the police commissioner to be elected from the sixth ward of the City of Augusta shall be elected by the City Council of Augusta on the first Wednesday in December, 1912, and shall hold office for the term of five years. Sixth Ward Police Commissioners, election and term or office. SEC. 3. That the term of office of the other members of said police commissioner is not intended to be effected by this Act. Terms of office of other members not affected. SEC. 4. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. BAINBRIDGE, CITY OF, CHARTER AMENDED. No. 315. An Act to amend an Act to create a new charter for the City of Bainbridge, passed by the General Assembly and approved December 16, 1901, so as to empower and

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authorize said city to grade and pave and otherwise improve for travel the streets, sidewalks, and alleys of said city, and to assess one-third of the cost thereof against the owners of real estate and the real estate abutting on both sides of said streets, to enforce the payment of the same by execution in the same manner as executions for taxes, and to provide rules for such payment, assessment and enforcement of payment, 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 an Act entitled An Act to create a new charter for the City of Bainbridge, passed by the General Assembly and approved December 16, 1901, be and the same is hereby amended by adding thereto the following Sections: Section 1. Be it further enacted, That the Mayor and Aldermen of the City of Bainbridge shall have power and authority, at any time and in their discretion, to grade, pave, macadamize or otherwise improve for travel or drainage the sidewalks, streets, alleys and public parks of said city' and to carry into effect the authority herein granted the Mayor and Aldermen shall have full power and authority to assess a proportion of the costs of grading, paving or otherwise improving said sidewalks and streets and alleys against the real estate abutting on such sidewalks, streets and alleys. They shall have full and complete power and authority to require any street, sidewalk or alley to be paved in such manner and with such materials as may be determined by resolution or ordinance. One-third of the expense of paving streets, sidewalks and alleys shall be borne by the city, and the other two-thirds by the abutting property owners in just proportion to the frontage

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by the foot of said property. Whenever the Mayor and Aldermen determine to pave or have paved any street, sidewalk or alley in said city, the city clerk shall notify in writing all persons owning property abutting on or fronting on such street of such intention, together with a statement of the amount assessed against said property therefor; and the said city shall proceed at once to do said paving, or cause it to be done. The amount of the assessment on each piece of real estate shall be a lien thereon from the date of the passage of the ordinance providing for the work and making the assessment, which lien shall be superior to all other liens except for taxes. Said Mayor and Aldermen shall have full power and authority to enforce the collection of any assessment so made for work, either upon the streets or sidewalks, by execution to be issued by the city clerk against the real estate and against the owner thereof for the amount so assessed; which execution shall be levied by the chief of police of said city on said real estate, and the same advertised and sold at public outcry in conformity to the laws of this State governing the sales of property under judgment and execution by Sheriffs, and said sale shall invest the absolute title to the purchaser thereat. The chief of police shall execute a deed to the purchaser, and shall have authority to eject the owner or occupants and put the purchaser in possession. The City of Bainbridge shall have the right to bid on and become the purchaser of any property at such sales and shall likewise have a deed made to it in the event it becomes the purchaser. Bainbridge, City of, grading, paving, etc. Lien of assessment. Should any owner of abutting property desire to contest the amount of their assessment or the legality of any proceeding growing out of or connected with the paving, grading, constructing or otherwise improving of said

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streets, sidewalks or alleys or any portion thereof, they may do so by filing with the levying officer an affidavit of illegality and stating therein the cause of such illegality, and the amount admitted to be due, which amount so admitted to be due shall be paid to the levying officer before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Decatur County, to be tried and the issue determined as in the case of illegality, subject to the penalties provided in such cases when filed for delay, and it shall be the duty of the Judge of the Superior Court to give preference to these cases over all other pending cases in said Court. Assessment, how contested. Section 2. Be it further enacted, That the Mayor and Aldermen of said city shall have the power and authority to pass all ordinances for the successful and effectual carrying out of the purposes and intent of the above and foregoing Section relating to paving, the making of assessments on real estate in payment and the collection of the same, and to grant a stay of execution for said assessments for such times as they may see fit and collect interest on the same at the rate of 7% or other less per cent. to be agreed upon during the time of such stay, as to them may be deemed to the best interest of the city, and which shall not be in conflict with the Constitution and laws of Georgia. Power to pass necessary ordinances to carry out above provisions. Stay of executions. Section 3. Be it further enacted, That the entire cost and expense of maintenance, upkeep, and repair of all said streets, sidwalks and alleys in said city shall be borne by the city. Cost and expense of maintenance and upkeep borne by city. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 22, 1912.

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BARNESVILLE, CITY OF, PARK BOARD OR COMMISSION CREATED. No. 528. An Act to give the City of Barnesville, Georgia, the right to create a park board or commission, also to float street and city paper for private parties. The right to collect fines and sewer fees by issuing executions, the same as for taxes. The right to assess fines from one dollar to two hundred dollars and to work prisoners from one day to six months on the streets of the city, and to establish a city chaingang. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That there shall be a park board or commission consisting of three members, citizens of Barnesville, elected by the Mayor and Council; one elected for one year, one for two years and one for three years, whose duties shall be to take charge and superintend the city park, known as Summers Field, and other parks and public grounds of the city. The Mayor and Council shall have authority to make such appropriations to support and maintain said park board or commission as in their judgment is necessary. Barnesville, City of, Park Board or Commission. SEC. 2. Be it enacted by the General Assembly of Georgia, that the City of Barnesville is hereby authorized and empowered to transfer in payments of debts against said city, bills and executions in favor of said city for the cost of curbing, sidewalks, granite blocks and other street improvements, and of bills and executions for sewer assessments, whether such bills and executions be held by said

Page 595

city against abutting land owners or against streets, for furnishing and laying curbing, sidewalks, granite blocks and other street pavements and sewer assessments. The lien in favor of said city against abutting land and the owners thereof and against streets now provided by law shall not be impaired or in any manner affected by this Act, but the same shall exist and may be enforced in the name of the city for the benefit of the transferee until the assessment shall be paid, such bills and executions against said parties when so transferred shall be paid, and collection shall be enforced as is now required and prescribed by law. Such bills abutting land owners when so transferred shall become due and payable as follows: Payment shall be made within thirty days after the completion of the work and the presentation of the bill therefor to the person liable for the same or his or her agent of the person so liable. If the person so liable should not prefer to pay all the assessment within thirty days, he may pay twenty-per cent. thereof in cash within the thirty days, and twenty-five per cent per annum each year for three years thereafter with interest at the rate of seven per cent. per annum on all such deferred payments; provided, however, that this privilege of paying part cash and postponing the payments of the balance shall not exist unless the person liable for the assessment shall within the thirty days aforesaid pay the twenty-five per cent., and shall in writing declare to the transferee his election to have the payments of the balance postponed as herein above mentioned. If default shall be made in making a deferred payment then all the unpaid assessments shall be enforced as if no postponement had been made. All proceedings to collect the transferred assessment herein above mentioned, whether the transfers have been made of bills or of executions shall be conducted as if no transfer had been made, and shall

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be had in the name of the City of Barnesville. But said City of Barnesville shall not be liable to the contractor for all or any part of an assessment after the same shall have been accepted by the contractor as a payment on the debt due him for the work. The transfer of executions as aforesaid shall be recorded as in case of transfer of State and county tax fi. fas. Transfer of bills and executions by city, and lien of same. Transferred bills, how payable. Default in payment. Proceedings to collect. SEC. 3. Be it further enacted, That the City of Barnesville shall be empowered to collect fines and sewer fees and charges by issuing executions the same as for taxes. Also, the Mayor shall have the right to assess fine from one dollar to two hundred dollars and to sentence persons, who may be found guilty of violating the ordinances of the city, to work from one day to three months on the streets and public works of the city or in the city chaingang. Fines and sewer fees, collection of. Fines and punishment for violation of ordinances. SEC. 4. Be it enacted further, That the Mayor and Council shall be empowered to create and establish a chaingang for the City of Barnesville, to provide for the working of the streets and other public works of the city by said persons convicted for the violations of the ordinances of said city, and to provide for the establishment and maintenance of the same by making appropriations for said purpose. Chain-gang. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912.

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BARRETS, TOWN OF, INCORPORATED. No. 429. An Act to incorporate the town of Barrets, in the County of Lowndes, to grant certain powers and privileges to said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Barrets, in the County of Lowndes, be and the same is hereby incorporated as a town under the name of the town of Barrets. Barrets, town of, incorporated. SEC. 2. That the municipal government of said town shall be vested in a Mayor and six Aldermen, who are hereby constituted a body corporated under the name and style of the town of Barrets, and by that name and style shall have perpetual succession; shall be capable to purchase, receive and hold any estate or estates of whatsoever kind or nature within or without the corporate limits of said town for the use of such town, shall be capable to sue and be sued, and shall have such other rights and privileges as may be herein or hereafter granted to them and from the passage of this Act until their successors are duly elected and qualified as provided therein. Mayor and Aldermen. D. Edmondson shall be Mayor, and D. H. Harrell, Eli Giddens, S. J. Douberly, W. T. Cain, G. W. Miles, C. C. Claton shall be Aldermen of and for said town of Barrets. SEC. 3. That the corporate limits of said town shall extend as follows: The junction of Main street and Railroad street shall be the center of said town, and the limits thereof shall extend one-half mile in every direction from said junction. Corporate limits.

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SEC. 4. That on the first Tuesday in January, 1913, there shall be an election for a Mayor and six Aldermen in and for the said town, three of said Aldermen to be elected for a term of one year, and said Mayor and three of said Aldermen for a term of two years. Annually thereafter on the first Tuesday in January there shall be an election held for three Aldermen or a Mayor and three Aldermen, as the case may be, with the exception herein provided of those named in the charter as the pro tempore Mayor and Aldermen of said town and those elected in 1913 the officers shall hold office for the term of two years and until their successors are duly elected and qualified. Mayor and Aldermen, election of and terms of office. SEC. 5. That all elections for Mayor and Aldermen of said town shall be held at the place where the said Mayor and Council shall generally hold the meetings, and the polls shall be kept open between the hours of 10 A. M. and 3 P. M. Said election shall be held by three persons, residents in said city, who may be duly appointed in writing by the Mayor of said town, said superintendent to take oath for the due performance of the duties as such, to have powers incident to superintendents of elections, to administer oaths to voters as to their qualification to vote, they shall keep a numbered list of those voting and shall place on each ballot a number corresponding to that opposite voter's name; at the close of said election they shall count the votes, keeping the two tally sheets of same, shall duly declare the results of the election and shall issue certificates of the election under their official signature to the persons receiving the highest number of votes polled. They shall then place in a sealed package all ballots together with the list of those certified by said superintendents to be correct, they shall deposit such sealed package and also the remaining tally sheet duly certified with the clerk and

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treasurer of said town to be by him safely kept; said sealed packages shall not be opened except in case of contest, but shall at the expiration of two months, (in case there is no contest), be by him destroyed with examination. Said superintendents of election shall be paid as compensation for holding said election one dollar each by the clerk and treasurer of said town upon the certificate of the Mayor as to their services until the municipal authorities shall otherwise regulate the compensation for holding such elections, the persons elected at the election provided for in 1913 or at the election held annually thereafter shall on or before the second Tuesday in January after the election qualify by taking an oath before an officer authorized by law to administer oaths to well and truly perform the duties of the office to which they have been elected, which said oath shall be entered upon the minutes of the acts and doings of said Mayor and Aldermen, no person shall be qualified to hold the office of Mayor or Alderman who is not qualified to vote at the election. Elections for Mayor and Aldermen, where and how held. SEC. 6. In the event the office of Mayor or anyone or more of the board of Aldermen shall become vacant by death, resignation, removal or otherwise, the same shall be filled until the next annual election by a person or persons elected by ballot of the board of Aldermen at a regular meeting of said board, and such persons so elected shall hold their office until their successors are duly elected and qualified. Vacancies, how filled. SEC. 7. That all persons qualified to vote for members of the General Assembly and who shall have paid all taxes imposed and demanded by said town and shall reside within its corporate limits for six months prior to any election, shall be qualified to vote at such election. Qualified voters.

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SEC. 8. That the clerk and treasurer or such other persons as shall be designated by the board of Aldermen, shall open a list for the registration of votes at least thirty days prior to any municipal election held for any purpose in said town which said list shall be kept open each and every day (Sunday excepted) during such hours as shall be prescribed by said board until four days (Sundays excepted) preceding the election when it shall be finally and absolutely closed; during said time it shall be the duty of such registration officers upon the application of any person in person or in writing who will be entitled to vote at said election to register the name of such person expressing in such registry, his age, occupation, or business and the place of his residence, the registration officers may in any case require the applicant to appear before him and the following oath, to-wit: You do solemnly swear that you are a citizen of the United States of America, that you will have resided in the State of Georgia one year immediately preceding the election and within the incorporate limits of the city of Barrets, six months preceding the election, that it is your intention to remain a resident of said city continually until the day of election, that you are twenty-one years of age or will be by the day of the election, that you have paid all taxes due the town of Barrets, that you have made all returns required by the ordinances of said town and that you will be qualified to vote for members of the General Assembly by the day of the election, so help me God. That shall be the duty of the registration officers to arrange the names registered in alphabetical order and to post one copy of such list for two days at least preceding each election at some public place in said city. It shall be the duty of said officers to furnish the superintendents of election at the opening of the polls on the day of the election a complete list duly certified of all names

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arranged in alphabetical order which shall have been registered under the foregoing provisions; the list shall be kept before said superintendents during said election and no person shall be entitled to vote who in addition to the qualifications stated in the preceding Section has not registered as herein provided, and when the election is over such list shall be deposited in the office of the clerk and treasurer to be by him safely kept; provided, however, that none of the provisions of this Section relating to registration shall become operative until they shall have been adopted at a regular meeting of the board of Aldermen of said town, and in the event it shall be necessary to call a special election of officers as prescribed in the preceding Section only those persons shall be entitled to vote who were properly registered in time to vote at the regular election provided for therein. Registration list, how prepared. Superintendents of elections furnished certified copies of registration list for use in elections. Provisions of this section operative when. SEC. 9. That any person not qualified to vote who shall vote or attempt to vote in any election in said city or in the event of the adoption of the provisions of Section 8, of this Act, any such person shall register prior to said election shall be guilty of a misdemeanor and on conviction shall be punished as prescribed in Section 1039 of the Penal Code. Illegal voting, punishment for. SEC. 10. That four of the Aldermen shall constitute a majority of the board of Aldermen, the Mayor shall preside over the meeting of said board and shall vote only in case of a tie in which case he shall cast the deciding vote; he shall be the chief executive officer of the town; shall take care that the by-laws, orders, resolutions, rules, ordinances, regulations and acts of the board are faithfully executed; he shall have ex-officiated the powers and duties of a Justice of the Peace within said town except that he

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shall have no jurisdiction as such in civil cases, he shall have control of the marshal and his deputies, and of all special officers appointed by said board for any purpose and he shall appoint a special police upon any special occasion when the need of the case may require, he may cause the arrest and detention of all rioters and disorderly persons in said town before issuing his warrant therefor. Mayor's duties and powers. SEC. 11. That at the first regular meeting of the board of Aldermen after the newly elected members have been duly qualified, said board shall elect one of their members as Mayor pro tem. and he shall have all the powers and duties of the Mayor in the absence or disqualification of the Mayor, as presiding officer of the board as ex-officiate Justice of the Peace as chief executive officer of the city and in the trial of offences and the enforcement of fines or penalties for the violation of the ordinances of the town, the term of office of said Mayor pro tem. as such shall be for one year. Should said board fail to elect a Mayor pro tem. at the time above indicated then such election shall take place as early thereafter as practicable in the absence or disqualification of both Mayor and the Mayor pro tem. the board of Aldermen shall select one of their number instead and he shall have all the powers and duties of the Mayor pro tem. during such absence or disqualification. Mayor pro tem., his duties and powers. SEC. 12. That board of Aldermen shall elect a clerk and treasurer of said town either from their own body or from the citizens of the town. Such officer shall be elected at the same time and in the same manner as the Mayor pro tem. and his term of office shall be for one year and until his successor shall be elected and qualified; he may be removed by the board for inefficiency, neglect of duty,

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or other causes in their discretion. He shall keep the minutes of the board of Aldermen in well bound books and shall preserve them and all other records entrusted to him; he shall receive tax returns collected on municipal taxes, the collection of which is not otherwise provided for; issue all licenses and collect all license fees and other money due to the said town, street tax excepted; shall receive all money due said town; shall issue execution against all defaulters for taxes, said execution being directed to the marshal of said town and his deputies; he shall be the custodian of the funds of said city and shall do and perform all such other duties as may be imposed upon him by the board of Aldermen; he shall have the authority to appoint soul fit and proper persons as his deputy to whom he may delegate all the powers conferred upon him and for whose acts he and his bondsmen shall be liable as though done by himself. Such clerk and treasurer shall, when elected, enter into a bond with sufficient securities to be approved by the Mayor of the town of Barrets, conditioned faithfully to collect and pay over and account for all taxes and other income of said town from whatsoever source derived, to perform the duties herein prescribed and such other duties as may be imposed upon him by the board. Clerk and treasurer, their election, duties and powers. Deputy clerk, his appointment and powers. SEC. 13. That the board of Aldermen shall elect a marshal of said town at the same time and in the same manner as the Mayor pro tem. is elected and his term of office shall be for one year and until his successor is elected and qualified. He may be required to give such bond with sufficient securities to be approved by the Mayor as the board may prescribe. He may be removed from the office by the board at any time for inefficiency, neglect of duty or other cause in their discretion. Said board may also appoint one or

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more deputies to assist said marshal in the discharge of his duties, such deputies to hold office for such time and upon the terms as the board shall prescribe. Said marshal and his deputies shall arrest any person violating any of the penal ordinances, by-laws, rules or regulations of said town and place such persons in the guard house of said town, subject to trial by the Mayor; also, to have the power to arrest all persons violating any of the penal laws of this State and place such persons so arrested in said guard house subject to trial before the Mayor's Court or any committing officer of said State; they shall execute and enforce the ordinances, by-laws, rules and regulations of said town as may be directed therein. They shall levy and execute all processes issued from the Mayor's Court and all executions for municipal taxes and shall advertise for sale and sell all property levied upon thereunder. Said advertising being by posted notice thereof in the public places in the town of Barrets, twenty days before the date of such sale and the place of such sale being in front of the place where the Mayor and Aldermen shall generally hold their meetings; shall have charge of the working of the streets and of road hands and work-gangs, and shall perform all other duties imposed upon them by the board. The marshal shall collect all fines imposed by the Mayor's Court and all street taxes and perform all other such services as may be specially required of him by the board. Marshal and deputies, and their duties. SEC. 14. That said marshal, his deputies, and his assistants shall have full power and authority to arrest for a violation of any of the ordinances, by-laws, rules and regulations of said town upon information and belief and without a warrant first being issued for the person who may be arrested. Power and authority of marshal and deputies.

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SEC. 15. That the Mayor and all officers of said town shall receive such compensation as the board of Aldermen may prescribe. Compensation of officers. SEC. 16. That the Mayor of said city or in his absence or disqualification, the Mayor pro tem., or in the absence or disqualification of both of these officers, anyone of the Aldermen elected as herein prescribed shall hold a Mayor's Court for the trial of all persons charged with violating any of the ordinances, orders, by-laws, rules or regulations of the said town and on conviction shall punish such offenders by fine not to exceed one hundred dollars, or imprisonment in the guard house of said town not to exceed thirty days, or by compelling them to work upon the streets of said town for not more than thirty days and anyone or more of such punishments may be ordered in the discretion of the Court, and the offenders shall also be liable for the cost of the Court. Said Court shall have full power to punish by fine, imprisonment, or work on the streets; persons guilty of contempt to said Court said fine in no case is to exceed twenty-five dollars, and said imprisonment not to exceed ten days; said Court shall have full power and authority to issue executions directed to the marshal and his deputies for the enforcement of any and all fines imposed and for the collection of all cost to provide for the enforcement, its sentences, to imprison in the guard house of said town any and all persons who may be convicted of offences under this Act or the ordinance and regulations passed in pursuance thereto, where the penalty is imprisonment and to imprison in said guard house and all persons guilty of such offences where the penalty is a fine until such fine and cost is paid or otherwise discharged according to law. The presiding officer of said Court shall assess and fix the amount of bail of any and all persons brought

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before him for examination or trial arrested for the violation of any municipal ordinances, order, by-law, rules or regulations and where the offense charged is a violation of a municipal law, the marshal shall take a bond in the amount so fixed payable to the Mayor of said town, said bond and its securities to be approved by said presiding officer or in lieu thereof the marshal may take a cash deposit of said amount. Mayor's Court, jurisdiction and powers of. SEC. 17. That where executions are issued for municipal taxes, licenses, or other fees the cost shall be the same as in the case of executions for State and county taxes and the cost of the marshal be the same as the Sheriff for all services performed by him in the collection of executions for the State and county taxes in all cases before the Mayor's Court the cost shall be the same as those prescribed by law in trials before a committing magistrate, unless otherwise prescribed by ordinances. Costs in Mayor's Court. SEC. 18. That the board of Aldermen shall have power and authority to assess, levy and collect annual ad valorem taxes upon all property, real and personal, within the corporate said limits of said town, to prescribe rules and regulations for the same and penalties for non-compliance therewith; to fix the time for making tax returns and for paying taxes, notice for which time so fixed shall be given at least four weeks prior to the date so fixed by posting notices thereof in three public places in said city, said tax shall not exceed one-half of one per cent. upon the value of said property for the ordinary current expenses of said town, not more than one-half of one per cent. for educational purposes, not more than one-half of one per cent. for street and bridge purposes, and not more than one-half of one per cent. for the payment of the principal and interest

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of the public debt. If an additional fund is required by said city for internal improvements not herein provided for, or if the amount realized by the levy of one-half of one per cent. shall be insufficient to defray the ordinary current expenses of said city, an additional tax may be levied for these purposes, when the same shall be authorized by a vote of two-thirds of the legal voters of said city who are qualified to vote at an election held for that purpose; the municipal authorities shall cause separate accounts to be kept of all amounts collected and disbursed for each different purpose and each amount shall be applied exclusively to the purpose of which it was collected. Assessment, levy and collection of taxes. SEC. 19. That the board of Aldermen shall have power and authority to levy and collect taxes on all professions, franchises, trades, businesses, business occupations, theatrical exhibition, shows, or other performances exhibited or performed within the town, on all peddlers, venders of medicines, itinerant traders, salesmen, or soliciting agents, hotels, boarding houses, livery stables, and transfer or transportation companies, and all bowling alleys, skating rinks, pool or billiard rooms, and all other games or other games kept or played within the corporate limits of said town whatsoever the business, occupation, trade, profession, calling, practice, games, or game may be to grant license for the same and to regulate them by ordinances and to revoke said license at any time without compensation or notice to the holders thereof in case of any violation of the rules, orders, by-laws, or regulations of said board in the discretion of said board; provided, that no authority shall vest in said board to grant any license or to make any charge for license upon any business, profession or occupation, trade, calling, practice, game or games, where the same is prohibited by law duly made and enacted; and

Page 608

provided further, that it shall never be the right of said board to grant or issue any license or permission for the sale of spirituous, vinous, or malt liquors, or intoxicating bitters or ciders within the limits of said town nor to consent in any way to the sale of the same therein, and any person selling or keeping for sale, soliciting orders for the sale thereof or any one thereof either in person or by letter, circulars or otherwise shall be guilty of a misdemeanor and upon conviction thereof in a Court of competent jurisdiction shall be punished as in Section 1039 of the Penal Code; the time, place and manner of making tax returns, paying taxes, and securing license shall be prescribed by the board of Aldermen, the tax returns shall be made to the clerk and treasurer and the taxes paid to him; all license granted by the board of Aldermen shall be issued and signed by the clerk and treasurer to whom the license fees shall be paid; for the purpose of collecting all license, fees and taxes, the manner of collecting which is not otherwise provided for in this charter, the clerk and treasurer where such fees are not paid within the time fixed by the board of Aldermen shall issue execution against delinquents directed to the marshal to enforce the collection of the same by levy, advertisement and sale as heretofore provided in Section 13 of this charter, the board of Aldermen shall have power and authority to impose penalties by ordinance on all persons who may carry on any profession, trade, business, occupation, performance, or game without paying the tax or securing the license as may be prescribed. Special taxes or license fees. SEC. 20. That said corporation shall have and enjoy all the rights, powers, and privileges incident to such corporations and not repugnant to the Constitution and laws of the United States or of this State. Rights and powers of corporation.

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SEC. 21. That all special taxes or license fees provided for in this Act and shall other incomes of said town from any source except ad valorem taxes and street taxes may be appointed and applied to any purpose for which said town is, or may be at any time empowered to levy taxes. Taxes, application of. SEC. 22. That board of Aldermen shall have power to compel persons liable to road duty by the laws of this State who are residents of said city to work on the streets of said town the same number of days that the laws of same State prescribe for road hands on the public roads of said county or in lieu of work thereon, to pay the marshal of said town an equivalent for said work in money, the amount to be prescribed by ordinance. Said hands shall be allowed to choose between working the streets under the direction of the marshal or paying the amount prescribed by ordinance, the hands to be warned or notified by the marshal, at least three days previous to the day of working which notice shall state such day, the number of days, to work, and the amount prescribed by ordinances to be paid in lieu of work and if any hand who has been so notified fail to work said streets and has not before the day of commencing said work paid the equivalent in money, he shall be subject to such penalty as may be prescribed by the board of Aldermen. All amounts so collected as street tax shall be applied by the board of Aldermen to the working and improving of the streets of said town. Streets, work on, by those subject to road duty. SEC. 23. That the board of Aldermen shall have power and authority to establish quarantine regulations against all persons who have been exposed to small-pox, yellow fever, or any other contagious or infectious disease or against any infected locality to enforce and make effective such regulations, to establish a pest house or camp or detention

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within or without said town and to cause the removal thereto and the detention therein of any persons afflicted with any such diseases, said board shall have power in the discretion to allow all such persons at their own home provide suitable and sufficient guards to successfully quarantine such premises, said board shall have power to require all persons within said town whether resident or transient to be vaccinated whenever in the opinion of said board the same shall be advisable. It shall have full power to enforce such regulations and to provide penalties for their violation. If the pest house or camp of detention is located beyond the corporate limits of said town, the town authorities shall have the same jurisdiction and powers over it so long as it is used for these purposes as if it were in the corporate limits. Said board of Aldermen shall have the power to appoint a board of health and such other health officers as may be necessary to carry out and enforce the above regulations as may be prescribed by the board of Aldermen; the power, duties, and compensation of said officers to be prescribed by the board of Aldermen. Quarantine regulations. SEC. 24. That the board of Aldermen shall have full power and authority to purchase, construct, own, maintain and operate for the benefit of said town a system of gas works, water works, electric lights, and power and such bridges in and contiguous to said town as may be in the opinion of said board be to the interest and advantage of said city and to purchase and hold at such places as may be selected within or beyond the corporate limits all lands, water rights, or other property, real or personal, which may be necessary or useful in the provisions of Section 4657 et seq., of the Civil Code; said board shall have full power to contract with all persons and corporations including

Page 611

municipal corporations for the use of water, gas or electric lights or power or bridges within or beyond the corporate limits of said city and to make all rules and regulations which may be necessary to fix the price of all water, gas, or electricity so used and to collect the same for the price of all water, gas, lights, electricity, so used. The town shall have a lien upon the property upon which the same may be used, said lien to be enforced in the same manner, said city shall have police authority upon and around any and all property so used and occupied, including the mains, pipes and for gas, water or electricity. Any person maliciously injuring or interfering with said property shall be guilty of a misdemeanor and shall be punished on conviction as prescribed in Section 1039 of the Penal Code. Gas, electric lights, water works and bridges. SEC. 25. That upon the vote of two-thirds of the members of the board of Aldermen at any regular meeting of said board, a system of public schools may be established and maintained in said town; provided, that said board shall by said vote enact as ordinances of said city rules and regulations for the government and operation of said system of public schools as may meet the requirements thereof, and as or not to conflict with existing law. Public school system. SEC. 26. That should said system of public schools established as herein provided and it should be found that tax for school purposes herein provided is not sufficient to properly defray the expenses of such a system of schools, such additional tax may be levied for that specific purpose as may be authorized by a vote of two-thirds of the legal voters of said city who are qualified to vote at any election held for that purpose. Tax for school purposes.

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SEC. 27. That the board of Aldermen shall have power and authority to establish and fix a system grading and draining the streets of said town and shall have power and authority to compel owners of property to construct and keep in repair the sidewalks in their front in accordance with said system; if any owner shall fail to comply with the requirements of the board in this regard the work shall be done under the direction of said board or one of its officers and executions shall be issued for the expenses thereof and cost against such owner to be collected as tax executions; the board shall have power and authority to establish a system of sanitary sewerage in said town and to compel all owners to connect therewith and may purchase or condemn any property in or beyond the corporate limits of the town, for work the expense of putting in sewer mains may be paid by said town or may be assessed in just proportions by the board upon the owners of all lots vacant or occupied which are in position to be benefitted thereby and said board shall have power to issue executions for such assessment and collect the same in the manner provided for issuing and collecting tax executions. Grading and draining of streets. SEC. 28. That the board of Aldermen shall have power and authority to require all persons sentenced to work upon the streets for the violation of any of the ordinances, by-laws, resolutions, rules or regulations of said town or for contempt of the Mayor's Court to do such work in and directed about the water works, gas or electric plants, or bridges, as may be directed by the marshal under orders of the board and for this such persons as are doing regular street work in said town shall not be required to work with said work gangs. Work required to be done by violators of ordinances, etc. SEC. 29. That the board of Aldermen shall have power

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and authority in said city to lay off, vacate, open, close, alter, curb, frame and keep in good order and repair public parks, roads, streets, alleys, sidewalks, cross walks, drains and gulleys, and to improve and light the same and have them kept free from obstructions on or over them, to regulate the width of the sidewalks, foot ways, cross walks, drains and gutters, to be cleansed, paved and kept in good order free and clean by the owner and occupants thereof or at the real property adjacent thereto to grant basements and encroachments upon said streets, to establish and regulate markets and prescribe the time for holding the same to prevent injury and annoyance to the public or to individuals from anything dangerous, offensive, or unwholesome, to prevent hogs, horses, cattle, sheep, dogs and other animals and all fowls from going at large in said city, to protect places of Divine worship in and about the place where held, to abate or cause to be abated anything which in the opinion of a majority of the whole board shall be a nuisance, to regulate the keeping of gun powder and other combustibles, to provide in or near said city places for the burial of the dead, to own cemeteries and to regulate interments, to provide for the regular building of houses or other structures, to condemn such structures as are dangerous and to require their removal, to establish fire limits and to regulate the material and manner of constructing buildings therein, to make regulations for guarding against danger or damage by fire, to organize, regulate and maintain a fire department for said town to protect the property and persons of all citizens of said town, and to preserve peace and good order therein, to authorize the election of water works, gas works, or electric plants in said city, the construction and operation of street car lines or telephone systems or other public utility, to grant franchise for the same on such terms as the board may deem

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best or to construct, own and operate the same for the town, should such be deemed expedient to prevent injury or interference with such public utility, to prevent the polution of the water of the town, to prevent any act or occupation which might informly affect the business or healthfulness of said town or any of its citizens, to regulate and provide for the weighing of coal and other articles sold or for sale in said city, to provide a revenue for the city and appropriate the same for its expenses, to provide for the annual assessment of the taxable property therein, to adopt rules for the regulation and government of its own body and to enact all ordinances, by-laws, resolutions, rules and regulations for the purpose of carrying into effect the above named powers and all other ordinances, by-laws, resolutions, rules and regulations that may be necessary or proper for the good order, peace, welfare, health, morals, interest, security or improvement of the town of its citizens, and full authority to prescribe, impose and enact reasonable fines, imprisonments and penalties for their violation. General powers of Aldermen. SEC. 30. That from time to time the board of Aldermen may by two-thirds vote create such officers, boards, commissioners, trustees or other body as it may deem expedient, wise or necessary for the performance of any of the things provided for in this Act, the qualification, duties, salaries and regulations of bodies for the carrying out of the specific duty imposed upon them to be fixed by ordinance or ordinances passed by a two-thirds vote of the board of Aldermen. Officers, boards, commissioners, etc. SEC. 31. That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1912.

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BARTOW, TOWN OF, CHARTER AMENDED. No. 374. An Act to amend an Act approved September 20th, 1887, incorporating the town of Bartow, Georgia, by striking out of Section 8, line 12 of said Act the word fifty and inserting in lieu thereof the words one hundred and by striking out of the same Section, in line 13, the word thirty and inserting in lieu thereof, the word ninety, 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 of the Legislature approved August 20th, 1887, be and the same is hereby amended by striking out in the 12th line of the eighth Section of said Act the word fifty and inserting in lieu thereof the words one hundred, and by striking out of the same Section in line 13, the word thirty and inserting in lieu thereof the word ninety, so that said Section of said Act as amended shall read as follows: Section 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 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

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fully protected, and to this end he may cause the arrest and detention of all rioters or disorderly persons in said town. He shall have power to impose fines not exceeding one hundred dollars upon offenders, or imprisonment not exceeding ninety days, or both, in his discretion. Bartow, town of, Mayor, his duties and powers. Fines and imprisonment. 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, 1912. BERLIN, TOWN OF, CHARTER AMENDED. No. 384. An Act to amend charter of town of Berlin, in Colquitt County, Georgia. Amend caption by adding after Town of Berlin in sixth line, to provide for public schools and levy a tax for maintenance of same, and to provide means for sale and transfer of title to property sold at tax sale, and for other purposes. And amend by adding Sections 26, 27 and 28 and changing 26 to 29. SEC. 26. Be it further enacted, That the Mayor and Aldermen of the town of Berlin are hereby authorized and empowered to maintain one or more public graded schools within the corporate limits of said town. Berlin, town of, public graded schools.

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SEC. 27. Be it further enacted, That the Mayor and Aldermen of the town of Berlin shall levy annually by the fifteenth day of September of each year after the passage of this Act, a tax upon all the taxable property, both real and personal, within the corporate limits of said town of Berlin for maintenance of her public schools; provided, that the rate of said tax shall not be more than one-half of one per cent., or so much thereof as may be necessary to maintain the public schools of Berlin; and provided, further, that the time for collecting said tax shall be fixed by the Mayor and Aldermen of said town of Berlin. School tax. SEC. 28. Be it further enacted, That all executions in favor of the town of Berlin for the collection of any fine, forfeiture, assessment, taxes, or other claim, demand or debt, shall be issued by the clerk and bear test in the name of the Mayor (except when otherwise provided by this charter), and shall be directed to the marshal of said 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 Berlin 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 this property levied on be real property, it shall be advertised in the same paper in which Sheriff's sales are advertised for Colquitt County, and also by posting a notice at the door of the Council chamber in said town of Berlin. All of said sales shall be made before the Council chamber of said town of Berlin 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

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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 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 Berlin 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 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 Berlin. 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, how issued and enforced.

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SEC. 29. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1912. BETHEL, TOWN OF, INCORPORATED. No. 404. An Act to incorporate the town of Bethel, in the County of Dodge, State of Georgia, to define its incorporate limits, declare its power; to provide for the establishment, maintenance and operation of a public school system for said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the town of Bethel, in the County of Dodge, State of Georgia, is hereby incorporated as a town, under the name and style of the town of Bethel. Bethel, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall include and consist of the following lots of land situated in the 19th land district of Dodge County, State of Georgia, to-wit: Lots 142, 143, 144, 156, 157, 158, 159, 172, 173, 174, 175, 176, 185, 186, 187, 188, 189, 202, 203, 204, 205, 206, 215, 216, 217, 218, 219, 232, 233, 234, 235, 236, 245, 246, 247, 248, 249, 262, 263, 264, 265, 266; power being hereby given to the corporate authorities of said town to alter, modify and change the boundaries of

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said town; provided, that two-thirds majority of the voters residing in the affected territory shall vote for such change. Corporate limits. Boundaries, how changed. SEC. 3. Be it further enacted, That the municipal government of said town shall consist of a Mayor and six Councilmen, who are hereby constituted a body corporate under the name and style of the town of Bethel, and by that name shall be capable of suing and being sued in any Court, plead and be impleaded, make contracts, purchase and hold property both real and personal dispose of the same and do such other acts as municipalities are generally allowed to do under the law. Mayor and Councilmen. SEC. 4. Be it further enacted That C. M. Rozar, be, and he is hereby appointed Mayor, and L. B. Linzey, L. C. Nicholson, J. T. Douglas, Frank Holland, C. C. Rawlins and J. D. Pitts be, and they are, hereby appointed Councilmen of said town of Bethel, to hold office until the next and first annual election, as hereinafter provided for, and until their successors are elected and qualified. First Mayor and Council appointed. SEC. 5. Be it further enacted, That on the first Saturday in January, 1913, and on the same day in each year thereafter, an election shall be held in the Council chamber of said town for a Mayor and six Councilmen thereof, who shall hold their offices for one year from said day, and until their successors are elected and qualified, all persons being eligible to hold said offices who are qualified at the time to vote for members of the General Assembly of this State, and who have resided in said town for six months immediately preceding said election. All persons residing within the incorporate limits of said town, and who have resided there bona fide thirty days immediately preceding said election, and who have paid all taxes due said town,

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and who are qualified to vote for members of the General Assembly of the State of Georgia, can vote at any election in said town. Such elections shall be held and conducted by any three freeholders residing in the incorporate limits of said town, and the certificate of the managers shall authorize the persons so elected to enter upon the discharge of the duties of said offices, the returns of said election being made to the Mayor and Councilmen of said town. In the event of a vacancy for any cause occurring in said offices the same shall be filled, as to the Mayor, by the board of Councilmen selecting one of their number to fill the unexpired term; as to the Councilmen by the selection of some fit and proper person of the town, eligible under provisions of this Act, by the Mayor and remaining Councilmen. On any question coming before the Mayor and Council of said town, the Mayor, who shall be the presiding officer, shall have no vote except in cases of a tie, when he shall then cast the deciding vote. Mayor and Councilmen, election of. Qualifications. Qualified voters. Elections, how held. Vacancies, how filled. Mayor has no vote except in case of a tie. SEC. 6. Be it further enacted, That before entering upon the discharge of their duties the Mayor and Councilmen shall take an oath to faithfully discharge their duties, respectively, to the best of their ability and understanding, which said oath may be taken before any officer of this State authorized to administer oaths, or the Mayor may take and subscribe the same before a member of the Council, and the members of Council may do likewise before the Mayor, which said oaths shall be recorded in the minutes of said town by the clerk of the Council. Said Mayor and Council shall at their first meeting, select from the members of Council a clerk, who shall keep a minute and record of all meetings and proceedings taken by Council, which minutes shall show all meetings and proceedings of each meeting, and shall be signed by the Mayor and

Page 622

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

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

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SEC. 12. Be it further enacted, That the town Council shall have power and authority to levy and collect annually, in addition to that already provided for in this charter, a tax not exceeding one-half of one per cent. on all taxable property of said town for the purpose of maintaining and establishing a system of public schools in said town, said fund not to be used for any other purposes, but before said public school system shall be adopted, it shall be submitted to the qualified voters of said town, for which purpose the said town Council is hereby authorized, whenever they deem it expedient, to order an election, of which thirty days notice shall be given by posting three notices in three different public places in said town, which election shall be held under this charter. Those favoring a public school system for said town shall have written or printed on their ballots the words For Public Schools, those opposed to public schools shall have written or printed on their ballots the words Against Public Schools, and if two-thirds of the ballots cast in such election be for public schools, this Section and those following on the same subject shall immediately become operative in said town. School tax. Election for adoption of public school system. SEC. 13. Be it further enacted, That should a system of public schools be established in said town, as provided for in the preceding Sections, the Mayor and six Councilmen of said town shall constitute and be a board of education. The Mayor shall be chairman of the board and they shall have authority to elect a secretary and treasurer from their number. The duties of the secretary shall be to keep a record of all meetings in a book kept for same and shall do all correspondence necessary for the board. The treasurer shall have charge of collecting all moneys due the said board and shall pay out same only on vouchers signed by the president or the vice-president during his absence.

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The treasurer shall give good and sufficient bond for the faithful performance of his duty, and shall receive such remuneration as the board shall see fit to make. The meetings of said board shall be held monthly or as often as they may see fit. Board of education. Mayor is Chairman. Secretary and his duties. Treasurer and his duties. Bond of treasurer. Meetings. SEC. 14. Be it further enacted, That said board of education provided for in the preceding Section shall have power to design and adopt a system of public schools for said town; to appoint or select a superintendent, and select teachers for the same, to suspend or remove such superintendent, if one should be elected, and fix salary or compensation for the teacher or teachers, to provide school houses; to make rules and regulations for the government of themselves and said school or schools as they may see proper, and not in conflict with the laws of this State. All children who are entitled to the benefits of public schools under the laws of Georgia, and whose parents or guardians bona fide reside within the incorporate limits of said town, shall be admitted in this school upon payment of such incidental fee as the board may deem necessary. Children residing without the incorporate limits of said town, and such others as may be entitled to the benefits of this school, shall be admitted upon such terms as may be prescribed by said board of education not in conflict with the laws of this State. Powers of board. Superintendent and teachers, and their salaries. Rules and regulations. SEC. 15. Be it further enacted, That when said public school system is adopted the board of education of said town shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the ensuing year, and shall lay the same before the Council of said town, who shall be required to levy and collect the same, and the amount so levied and

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collected shall be used for no other purpose, and shall be paid only on the order of said board of education. School tax. SEC. 16. Be it further enacted, That after said public school system shall have been adopted by said board as hereinafter provided for, the board of education of Dodge County shall not contract with any person or persons to teach any other school of any character in said town, nor shall any of the State school fund be paid to any school in said town other than the public school contemplated in this Act, after it shall have been adopted as hereinbefore provided, and the County School Commissioner of Dodge County, State of Georgia, is hereby authorized and required to pay over to the treasurer of said town such portion of the public school fund as the pupils of school age attending school in said town are entitled to under law, the same to be prorated for the entire year 1912. After which, in the event of the passage of this Act, and its adoption at an election as hereinbefore specified, it shall be the duty of said board of education to have prepared and to furnish the State School Commissioner by the 1st day of December, 1912, and by the first day of December each year thereafter, a list or census of pupils residing in said town entitled to the school fund, in which shall be included those pupils residing outside the said town, who attend the town school of said town. And it shall be the duty of the State School Commissioner to pay to the clerk and treasurer of said town such portion of the public school fund as its number of pupils, as above defined, entitles it to. Teachers and public school fund. SEC. 17. Be it further enacted, That on and after the passage of this Act it shall be the duty of the Tax Receiver of the County of Dodge to pay over to the board of education of the of said town of Bethel that portion of the tax

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levied and collected upon the dogs of this district and that said sum shall be due and payable as soon as collected, and go into the school fund and be used for school purposes only. Tax receivers, duty as to dog tax. SEC. 18. Be it further enacted, That separate schools shall be maintained in said district for white and colored children and said schools shall be located such a distance apart that they will not conflict, and that the board of education as provided in Section 13 shall have the same supervision over the colored schools as over the white. Separate schools for white and colored races. SEC. 19. Be it further enacted, That from and after the passage of this Act all laws and parts of laws in conflict herewith shall be, and the same are, hereby repealed. Approved August 8, 1912. BOLINGBROKE, TOWN OF, NEW CHARTER FOR. No. 351. An Act to incorporate the town of Bolingbroke, in the County of Monroe, to grant certain powers and privileges to the same as an incorporated municipality, 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 Bolingbroke, in the County of Monroe, said State, be and the same is hereby incorporated under the corporate name of the town of Bolingbroke. The corporate

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powers of said town shall be vested in a Mayor, and Council of the town of Bolingbroke, to be composed of five (5) Councilmen, and by the name of Mayor and Council of Bolingbroke they may sue and be sued, make contracts, purchase all property both real and personal that may be necessary to the government of said town, and by proper ordinance duly passed, exercise all of the police powers necessary and inherent to the proper government of said municipality and shall exercise all other powers that may be necessary in discharging their duties as officers of said municipal corporation. Bolingbroke, town of, incorporated. Mayor and Council, charter powers. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend one-half mile northward, eastward, southward, and westward from the site of the present depot of the Central of Georgia Railway Company, in said town. Corporate limits. SEC. 3. Be it further enacted, That Franklin Harrison be and he is hereby appointed Mayor of said town, and R. P. Cocke, T. E. Walton, Jas. R. Harrison, Walter Pritchett and Frank Wadley be and they are hereby appointed Councilmen of said town of Bolingbroke to hold their offices until their successors are duly elected at the first annual election to be held as herein provided. First Mayor and Councilmen. SEC. 4. Be it further enacted, That on the first Wednesday in January, 1913, and every year thereafter on the same day an election shall be held in the Council chamber under such rules and regulations as said Mayor and Council may provide, for the election of a Mayor and five Councilmen, who shall hold their office for a term of one year and until their successor is elected and qualified; but no one shall be eligible for the office of either Mayor or Councilman

Page 629

who has not resided in said town for a period of three months prior to the holding of said election, and who is not qualified to vote for members of the General Assembly of this State. The results of said election shall be declared by the managers and a certificate of the results showing the successful candidates shall be sufficient to authorize said successful candidates to enter upon the discharge of their duties under the provisions of this Act. No contest shall be had unless notice of said contest be duly served on the opposite party and copy of the same filed in the office of the Ordinary of Monroe County whose duty it shall be to hear and decide such contest. In the event of a vacancy in either of the offices named, from any cause whatsoever, a majority of the Council shall order an election to be held at such time as they may determine, notice of which shall be given for at least ten days prior to the holding of same by posting said notices at the three most public places in said town. Said election shall be held as regular elections are to be held. Mayor and Councilmen, election of. Terms of office. Eligibility. Result of election, how declared. Contests. Vacancies, how filled. SEC. 5. Be it further enacted, That before entering on the discharge of their duties the Mayor and Councilmen elect shall take the following oath to be administered by any officer authorized under the law to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as Mayor or Councilman (as the case may be) of the town of Bolingbroke, Monroe County, according to the best of my ability, so help me God. Oath of Mayor and Councilmen. SEC. 6. Be it further enacted, That said Mayor and Council shall have the power to pass all laws and ordinances for said municipality as may be necessary for the government of said town, including all police power regulations as may be necessary for the preservation of peace,

Page 630

the protection of health and property and the maintenance of order, and the morals of said municipality. They shall have the power to purchase and hold all property both real and personal as may be necessary for the management of said municipality; to abate nuisances, open up and improve streets and create such fire regulations as may be necessary and elect such officers as may be necessary such as clerk of the town, town marshal and other police officers and executive officers as may be necessary. Power to pass laws and ordinances. SEC. 7. Be it further enacted, That the said Mayor and Council may levy an ad valorem tax on all property within said municipality subject to taxation, not to exceed one per cent., in addition to such occupation tax as they may deem best not in conflict with the general law. The collection of such tax shall be enforced by execution duly ordered by said Mayor and Council, to be signed by the town clerk, and enforced as other municipal tax executions are enforced by levy of the town marshal, and conducted as sales by the Sheriff of the State, after advertisement; said sales to be held before the Council chamber. They shall have the power to require all persons residing within said corporate limits who are subject to road or commutation tax to work the streets of said town or in lieu thereof pay such commutation tax as said Mayor and Council may be ordinance assess and shall have power to imprison any defaulter who fails or refuses to work said streets or pay said commutation tax after due notice, in the guard house or calaboose of said town, such imprisonment not to exceed three days for every day he fails to work as required. Levy and collection of ad valorem tax. Commutation tax. SEC. 8. All tax assessments shall be by a board of assessors not to exceed three in number to be appointed by said Mayor and Council, and all complaints against such

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assessments shall be determined by said Mayor and Council on such stated dates as they may fix for hearing said complaints. On failure to pay any taxes either ad valorem or occupation, the defaulter shall have execution issued against him and his property and be enforced as is herein provided. Tax assessors. SEC. 9. The Mayor of said town or in his absence such member of the Council as may have been chosen by said Council to act as Mayor pro tem., shall be the chief executive of said town and it shall be his duty to see that all lawful ordinances of said town are enforced, and that such by-laws and regulations as may be passed by said municipality through its proper legislative officers shall be faithfully executed; he shall have the power to hold Police Court for the trial of offenders against said ordinances of said town, and he may punish the violators of the same either by fine or imprisonment or both in his discretion, or by work on the town streets, either one or more than one or all three of said modes of punishment may be enforced. And when sitting as a Court he may fine or imprison offenders for contempt of Court, such imprisonment not to exceed five days. All fines shall be fixed by the Mayor and Council by proper ordinance, but no fine shall exceed one hundred dollars, and no single term of imprisonment shall be for longer than thirty days. He shall have the power to commit any offenders who may be brought before him for any offense in violation of the laws of the State and remand them to the proper State Court for trial and require bond for their appearance to answer such offense as they may be committed for. He shall have control of the police officers of said town, and may suspend the regular town marshal for any failure to enforce the ordinances of the said town or the orders of said Mayor

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or the Mayor and Council; and may appoint his successor until the Council shall have an opportunity to either veto the Mayor's act of suspension or elect a regular town marshal to succeed the suspended marshal in the event the Mayor's order of suspension shall be made permanent. He shall have the power to appoint as many special police officers as the exigencies of the occasion may require in his discretion and fix their compensation. Mayor, his powers and duties. SEC. 10. Be it further enacted, That said Mayor and Council at the first meeting held after their qualifying for office, or at such other meeting as they may order, shall elect a clerk who may be one of their own member, or any other citizen of said town, whose duty it shall be to discharge every clerical duty of said municipality of any and every nature whatsoever. Said Mayor and Council shall also elect a treasurer who may also be the same person as the clerk or some other member of said board of Councilmen or some other citizen of said municipality who shall also be the tax collector for all taxes due said municipality. They shall also at said meeting elect a town marshal and such officers as they may deem necessary for the management of the municipal government. Such bond as the Mayor and Council may fix shall be given by said treasurer payable to the Mayor and Council or their successors, and deposited with the Mayor for safe keeping, which bond shall be conditioned for the faithful discharge of the duties of said officer. All salaries not otherwise provided for shall be fixed by the Mayor and Councilmen in regular session. The members of the Council shall not receive any salary, but shall be exempt from street tax during the terms of their office. Clerk. Treasurer. Town marshal. Treasurer's bond. Salaries. SEC. 11. The Mayor and Council of said municipality are hereby invested with power and authority to manage

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and conduct said town as in their judgment may be wise and just. They shall have the power to provide all public improvements as may be needful and levy a tax for the payment of the same. They shall have the power to tax all shows, venders, slight of hand performers, gift enterprises, pool and billiard tables and such other amusements as may seek permission to establish themselves in said town for any time whatever, and in their discretion refuse license to any or all of them. They shall have the power to pass such ordinances as may be necessary and they may desire to prohibit the keeping of intoxicating liquors for sale within said municipality. General powers of Mayor and Council. SEC. 12. Be t further enacted, That all laws and parts of laws in conflict with this Act be and the same are, hereby repealed. Approved July 30, 1912. BONAIRE, TOWN OF, INCORPORATED. No. 400. An Act to incorporate the town of Bonaire, in the County of Houston, to define its limits, confer municipal powers and privileges upon it, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Bonaire, in the County of Houston, be and the same is hereby incorporated. Its corporate limits shall extend one-half mile in every

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direction from the depot of the Georgia Southern and Florida Railroad as now located in said town; provided, that no field or woodland exceeding four acres and owned by one person, shall be subject to corporate tax until the same is laid off in town lots or built upon. Bonaire, town of, incorporated. Corporate limits. SEC. 2. Be it further enacted, That the municipal government of said town shall consist of a Mayor and two Councilmen, who shall constitute a body corporate under the name and style of the Mayor and town Council of Bonaire, and by that name they shall have perpetual succession; may have and use a common seal; may sue and be sued, plead and be impleaded in any Court of law or equity in this State; may purchase, have, hold, receive, enjoy and retain to themselves and their successors in office, for the use of the town of Bonaire, any estate or estates, real and personal of whatsoever kind or nature and may sell or otherwise dispose of the same for the benefit of said town as they may see proper. Mayor and Councilmen, and their charter powers. SEC. 3. Be it further enacted, That for the purpose of organizing and carrying on municipal government therein provided for an election shall be held in said town upon the first Saturday in October next, or upon the first Saturday in October of any subsequent year and annually thereafter on the first Saturday in October for a Mayor and two Councilmen. Said Mayor and Councilmen shall each hold their offices for one year and until their successors are elected and qualified. The first election held under this charter may be held under the management of any three bona fide residents of said town, who are qualified to vote for members of the General Assembly. After the first election the Mayor and Council may appoint any three freeholders, to superintend any subsequent election. The

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managers before proceeding with the election, shall each take before some person authorized to administer oaths, or if no such be present, each in the presence of the others, the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified to hold the same; that we will make a just and true return thereof, and not knowingly, permit any one to vote unless we believe he is entitled to do so according to the charter of this town, nor knowingly prohibit any one from voting, who is so entitled, and that we will not divulge for whom any vote was cast unless called upon under the law to do so, so help me God. The managers acting at the first election held under this charter, shall issue to each of the persons elected, a certificate of the result of the election, which certificate shall be sufficient authority to the person so elected to enter upon the discharge of their official duty, after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected Mayor and Councilmen a like certificate, and shall certify the results of the election to the acting Mayor and Council, which last certificate shall be entered upon the record of the town. Mayor and Councilmen, election of. Terms of office. First election, how held. Subsequent eections, how held. SEC. 4. Be it further enacted, That at such election all persons who shall have resided in said town sixty days before the day of the election who shall have paid all taxes of every description legally imposed and demanded by the authority of said town, and who shall be qualified to vote for members of the General Assembly, shall be qualified voters. All persons qualified to vote at said election and eligible to hold office according to the Constitution and laws of this State shall be eligible to hold any office in said town. Qualified voters.

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SEC. 5. Be it further enacted, That should the office of Mayor or any Councilmen become vacant by death, resignation, removal or other cause, the Mayor, or in case his office is vacant, the Mayor pro tem., or if both these offices shall be vacant, the Councilmen shall order an election of which at least ten days notice, by posting in two of the most public places in said town, shall be given to fill said vacancy or vacancies. Persons elected at said election shall fill unexpired terms only. Vacancies, how filled. SEC. 6. Be it further enacted, That all elections held under this charter shall be conducted as nearly as practicable as elections for members of the General Assembly, but the polls shall open at nine o'clock A. M. and close at three o'clock P. M. until the Mayor and Council shall by a general ordinance, prescribe different hours Rules governing elections. SEC. 7. Be it further enacted, That the Mayor and Council shall have power and authority in their discretion, to elect a clerk and treasurer and a marshal, to prescribe their official duties, regulate their fees or compensation, and require them, or either of them, to give such bonds, for the faithful discharge of duty, as they may see proper. They shall have power to remove such officers from office for neglect or breach of duty, or incapacity, to discharge their respective duties. Mayor and Council may also, at any time, appoint such special policemen as they deem proper, to serve for any length of time, and to be discharged at their pleasure. Clerk, treasurer and marshal, their duties and compensation. Special policemen. SEC. 8. Be it further enacted, That said Mayor and Council shall have authority to pass all laws and ordinances for the government of said town and the protection of the lives and property of its citizens which they may see

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proper; provided, they are not inconsistent with the Constitution and laws of this State or of the United States. Laws and ordinances, power to pass. SEC. 9. Be it further enacted, That the Mayor of said town shall have authority to hold, at such times as he may see proper, a Police Court for the trial of persons charged with violating any of the ordinances, rules or regulations of said town and shall have power, upon conviction to sentence offenders to pay a fine not to exceed thirty dollars or to work upon the streets of said town not to exceed thirty days, or to be confined in the guard house house or calaboose not to exceed twenty days or the Mayor may sentence the offenders to work upon the streets or to be confined in the guard house for a certain period of time, and allow said sentence to be commuted upon the payment of a specific fine, in the discretion of the Mayor. Police Court. Sentence of offenders. SEC. 10. Be it further enacted, That said Mayor and Council shall have authority to levy and collect an ad valorem tax not one-half per cent. upon all property, both real and personal in said town, for the support of the town government and carrying out of the object of this charter. They may by ordinance provide suitable regulations for the return of all property in said town for taxation, and impose penalties in the way of increased tax for nonreturn of said property as prescribed in such regulations. The collection of any taxes or licenses imposed by said town authorities may be enforced by execution, issued by the clerk and treasurer, in the name of the Mayor and town Council, directed to the marshal, who shall levy the executions and sell thereunder. Where real estate is levied upon, it shall be sold in like manner and under the same rules and regulations as govern Sheriff's sales, except that real estate shall be sold in said town where personal property

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is levied upon, it shall be advertised by posting in two of the most public places in said town at least ten days before the day of sale at the expiration of which time, the marshal shall proceed to sell the property under the same rules and regulations as govern Constable's sales in this State. They Mayor and Councilmen shall prescribe by ordinance the place where the public sales of this charter shall take place. Should any property levied upon be claimed by any person not a party to the execution, said claim shall be interposed, under the same rules and regulations as regulate other claim cases under the laws of this State and said claim shall be returned to and tried by the first term of the Superior Court of Houston County after the return thereof. Ad valorem tax, levy and collection of. SEC. 11. Be it further enacted, That said Mayor and Council shall have power and authority in addition to the ad valorem tax above provided for, to levy and collect a special tax upon all billiard or pool tables, ten pin or nine pin alleys, and upon all tables and alleys of any kind whatsoever, not forbidden by law, used for purpose of playing on with balls or pins, or both, within said town. They shall also have authority to levy and collect a tax upon all circuses, sleight of hand performances, theatrical exhibitions, and other shows which may exhibit in said town; such taxes to be for each exhibition, and to be collected, if not voluntarily paid, by execution, levy and sale, as provided in this charter for the collection of other taxes. They shall have authority also to levy and collect a license tax upon any or all business occupations carried on in said town. Special tax, levy and collection of. SEC. 12. Be it further enacted, That the Mayor and Council shall have power and authority to compel each male inhabitant of the town between the ages of sixteen

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and fifty years, unless exempted by ordinance of said town, to work ten days upon the streets and sidewalks of said town, under the direction and control of the marshal or to pay such commutation tax not to exceed five dollars in lieu thereof, as the Mayor and Council may assess. In case of failure or refusal to do said work, or to pay in lieu thereof said tax, the Mayor may fine said offending person for contempt, and enforce the same by imprisonment in the guard house, or by work upon the streets. Persons subject to the provisions of this Section shall not be liable to road duty outside of said town. Street duty. Commutation tax. SEC. 13. Be it further enacted, That said Mayor and Council shall have power and authority to open or lay out new streets, or to widen, straighten, close up or otherwise alter or change any of the streets of said town; to remove any obstructions or nuisance that may be placed in or upon any of the streets, sidewalks, lanes or alleys of said town; to regulate all butcher pens, tan yards, blacksmith shops, steam ginneries, steam saw mills, steam grist mills, forges, stoves and chimneys within said town, and to remove or cause to be removed the same, or any of them in case they should become dangerous, or become injurious to health, or to become nuisances; to fill up all pits, sinks, cellars, or excavations; to drain all ponds, or pools of water, or cause the owner of the premise whereon the same are situated to do so when the Mayor and Council shall deem the same necessary to be done. To regulate and control all taverns, restaurants and public houses in said town. Whenever the Mayor and Council shall exercise the power delegated in this Section in opening, laying out, widening, straightening or otherwise changing the streets, lanes or alleys in said town, and shall condemn or take private property for that purpose, they shall appoint one

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freeholder, and the owner or owners of the property to be taken or condemned, shall upon five days notice appoint one freeholder, who shall assess the damage sustained, or advantage derived by the owner or owners of the property in consequence of the opening, laying out, widening, straightening, or otherwise changing the street, lane or alleys. In case these two assessors cannot agree, they shall select a third, and a majority of the three shall fix the assessment. The assessors shall take on an oath, faithfully to discharge their duties and either party shall have the right to appeal to the Superior Court of Houston County within ten days under the same rules and regulations as govern appeals from Justice Courts. General powers. SEC. 14. Be it further enacted, That the Mayor and each Councilman elected, shall, before proceeding to discharge his official duties, take and subscribe before some person authorized to administer the following oath: I do solemnly swear that I will faithfully discharge to the best of my ability, the duties ofof the town of Bonaire, so help me God. Oath of Mayor and Councilmen. SEC. 15. Be it further enacted, That the marshal, or any policeman of said town shall have the right to arrest any disorderly person or any person violating or attempting to violate any of the ordinances of said town and to commit him to the guard house to await his trial before the Mayor the next day. Arrests. SEC. 16. Be it further enacted, that said Mayor and Council shall have authority to establish a guard house, or a place of confinement for persons detained for trial or sentenced to confinement therein, according to the provisions of this Act and to regulate the same; to regulate

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the keeping of combustibles in the town; to provide suitable places for the interment of the dead, and regulate the same; and to protect places of Divine worship. Guard house. Combustibles. Cemeteries. Places of Divine worship, protection of. SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1912. BOSTON, TOWN OF, CHARTER AMENDED. No. 396. An Act to amend the charter of the town of Boston, Georgia, in the County of Thomas, approved October 24th, 1870, so as to extend the corporate limits and change the corporate center, 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 charter of the town of Boston, in the County of Thomas, in said State, referred to in the caption of this Act, be and the same is hereby amended, by striking out all of Section two, and substituting therefor, the following: That the corporate limits of said town shall embrace a square having as its center the point in said town where the center line of Main street intersects the center line of the main track of the Atlantic Coast Line Railroad; the sides of said square shall be one and one-half (1) miles long, running north and south and east and west. Boston, town of, corporate limits.

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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 7, 1912. BOWDEN, TOWN OF, CHARTER AMENDED. No. 314. An Act to amend the Act of August 12, 1910, incorporating the town of Bowden, so as to more definitely define the corporate limits of said town, and to repeal Section 3 of said Act and substitute therefor a Section more fully describing and enlarging the powers of the Mayor and Council, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, Section two of the Act of August 12, 1910, (Acts 1910, page 408), be, and the same is hereby amended by striking the figures 153 in line fifteen wherever they occur in said line in said Section and inserting in lieu thereof the figures 151; and by striking the figures 140 in line sixteen of said Section and inserting in lieu thereof the figures 142, so that said Section when thus amended will read as follows: Section 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 there-fourths of a mile from the

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above described junction, then to road known as the Tarpley road at a point threefourths 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 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 lot No. 151, then north along original line of No. 151 and No. 142 to a point 40 rods north of road leading from Bowden by D. B. Huie's, 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. Bowden, town of, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That Section 3 of the above recited Act be and the same is, hereby repealed and in lieu thereof the following shall be inserted: Mayor and Councilmen, powers of. Section 3. Be it further enacted, That the municipal government of said town of Bowden shall be vested in a Mayor and four Councilmen who shall constitute the body corporate under the name and style of the Mayor and Council of the town of Bowden, and by that name shall have perpetual succession, and power to contract and be contracted with, to sue and be sued, to have, hold, receive, enjoy, possess for themselves and their successors in office for the use and benefit of said town of Bowden, real and personal property and choses in action within and without the corporate limits of said town for corporate purposes, to have and use a common seal, to incur debt as provided by Article 7, Section 7, Paragraphs 1 and 2 of the Constitution

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of this State by conforming to the requirements thereof and the laws passed in pursuance of the same. Said Mayor and Council shall succeed to all the rights and liabilities of the former corporate authorities of said town, and shall have power and authority to levy and collect such additional taxes as may be necessary to provide for the payment of the principal and interest of any bonded indebtedness that may be incurred as provided by the Constitution and laws of this State, in addition to that now authorized to be levied and collected for general purposes. 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 July 19, 1912. BRIDGEBORO, TOWN OF, INCORPORATED. No. 362. An Act to incorporate the town of Bridgeboro, in the County of Worth, State of Georgia; to provide a charter therefor; to fix and define the corporate limits thereof; to provide for the appointment and election of a Mayor and Council, and other officers, and prescribe their powers and duties; to provide generally for the government of the said municipality, declare its rights, powers, privileges and liabilities, and provide for all matters of municipal concern and welfare; 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 municipality now known as the town of Bridgeboro, in Worth County, Georgia, with location and limits as hereinafter defined, be, and the same is hereby created and constituted a body croporate under the name and style of The Town of Bridgeboro, Worth County, Georgia, under which the municipal corporation thus created shall have perpetual existence and succession; the corporate powers and government of said municipality being hereby vested in a Mayor and four Councilmen, to be appointed and elected as hereinafter provided. Bridgeboro, town of, incorporated. Powers and Government vested in Mayor and Councilmen. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the said town of Bridgeboro, over which the authorities of the said town shall have, and are hereby given, jurisdiction for all purposes of municipal government, concern and welfare, shall be, and the same are hereby fixed, as follows: Beginning at the northeast corner of lot of land number ninety-four (94) in the seventh (7) land district of originally Irwin now Worth County, Georgia, (this also being the north-west corner of lot number ninety-five (95) in the said district), and running from this point east along the north line of said lot number ninety-five (95) a distance of thirteen hundred and fifty-one (1,351) feet; thence south thirty-five hundred and eighty-six (3,586) feet; thence west fifty-two hundred and eighty (5,280) feet; thence north fifty-four hundred and eighteen (5,418) feet; thence east thirty-nine hundred and twenty-nine (3,929) feet; and thence south eighteen hundred and thirty-two (1,832) feet to the starting point, these boundary lines having been surveyed and marked out by W. J. Davis, County Surveyor of said county, on May 30, 1912. Corporate limits.

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SEC. 3. Be it further enacted by the authority aforesaid, That the said body corporate, under the said name and style of The Town of Bridgeboro, shall have a common seal, sue and be sued, plead and be impleaded in any Court of law or equity, and do any and all other acts, and exercise any and all other rights and powers necessary and proper in the course of the government and conduct of the affairs of the said town, not inconsistent with the Constitution and laws of the State of Georgia. Charter powers. SEC. 4. Be it further enacted by the authority aforesaid, That the said body corporate, under the said name and style of the The Town of Bridgeboro, and by and through its Mayor and Council, shall have, and is hereby expressly given, the right and power to purchase, acquire, lease, receive, hold and enjoy, for the use and benefit of the said town, any real, personal or other property, rights, franchises and interests necessary and proper for the purposes of the said town; and shall also have, and is hereby expressly given, the right and power to sell, convey, lease, transfer and assign any and all property, rights, privileges, franchises and easements of the said town, whenever it is deemed proper by the Mayor and Council so to do. Rights and power. SEC. 5. Be it further enacted by the authority aforesaid, that the council of the said body corporate, the same to be composed of the Mayor and four Councilmen, a majority of five to constitute a quorum, shall have, and the same is hereby given, the right, power and authority to enact and enforce any and all laws, ordinances, orders, rules and regulations as the said Council may determine to be proper for the government of the said municipality, the conduct of its affairs, the benefit and welfare of its citizens, and generally for all purposes of municipal concern

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and welfare, this power to be and the same is hereby made, as full, complete and unlimited as may be granted under the Constitution and laws of Georgia. All laws, by-laws, ordinances, rules, orders, regulations, and all enactments of the said Council, not inconsistent with the Constitution and laws of Georgia, shall become effective and of force as soon as placed upon the minutes of the said Council, or a book to be kept for that purpose, either as the Council may see proper; and when so entered the same shall become binding upon the authorities and officers of the said municipality, the citizens and inhabitants thereof, and the public generally, according as the same may apply. The minutes and records of the Council shall be open to inspection of the public at all times. Laws, ordinances, etc., power of Council to enact. SEC. 6. Be it further enacted by the authority aforesaid, That S. F. Whitten, be, and he is hereby appointed Mayor of said town, and that J. N. Summer, R. N. Hicks, B. A. Perry, and James M. Willis be, and they are hereby, appointed Councilmen, of the said town; all to serve until the first annual election hereinafter provided for, and until their successors are elected and qualified. The said Mayor and Councilmen are hereby authorized to organize immediately upon the passage of this Act, and to begin the exercise of all of the powers given them hereunder, upon taking, subscribing and having entered upon their minutes the oath of office, the same to be substantially as follows: Georgia, Worth County; town of Bridgeboro, said county. I, the undersigned, do hereby solemnly swear (or affirm) that I will well and truly perform the duties of the office of the town of Bridgeboro to which I have been appointed (or elected); the name of which office is written opposite my name below, to the best of my skill and ability, fairly, impartially, and as in my best judgment may be to the

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best interest and for the general welfare of the citizens of the said town. So help me, God......, Mayor;....., Councilman;....., Councilman....., Councilman;....., Councilman. Sworn to and subscribed before me, this..... day of...... [Illegible Text] Mayor and Councilmen. Oath. SEC. 7. Be it further enacted by the authority aforesaid, That the first annual election for the officers of the said town shall be held on the second Saturday in January, 1913, and the election shall be held annually thereafter on the second Saturday in January of each year, or on such date as may be fixed by the Council of the said town as hereinafter provided; the Council may change the date of the annual election at any time; provided, that notice of such change be published by posting notice thereof at three conspicuous and public places in the said town for thirty days, and inserting the same in the newspaper in which the Sheriff's advertisements of the said county of Worth and published for two weeks before putting the change into effect and holding an election thereunder. The Mayor and four Councilmen shall be elected at each annual election to serve for the ensuing term, and until their successors are elected and qualified. The term shall begin on the first day of February of each year, and be for one year thereafter; provided, that in the event of failure to elect for any reason before the date of the beginning of the ensuing term, the incumbent shall hold until his successor shall be elected and qualified. Before entering upon the discharge of his duties the Mayor-elect and each member of Council-elect shall take and subscribe and file with the clerk of Council the oath of office in form substantially as prescribed in Section 6 above. This oath may be administered and attested by the acting Mayor of said town, or

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by any officer authorized to administer oaths under the laws of Georgia. First annual election and subsequent elections, when and how held. Terms of office. Oath. SEC. 8. Be it further enacted by the authority aforesaid, That in the event of failure to elect at the annual election, or in the event of a vacancy for any cause in the office of Mayor or Councilman, the acting Council, or any two members thereof may call and have held a special election to fill such vacancy, notice of such special election to be posted at at least three public and conspicuous places in the said town for at least five days before the election, this notice to specify the time and place of holding the special election, and the time the polls will open and close. Special elections. SEC. 9. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of Mayor or Councilman of the said town who is not a qualified voter thereof, and who has not been a bona fide resident of the said town at least twelve months before the date of the election at which he is elected. Who eligible for office of Mayor. SEC. 10. Be it further enacted by the authority aforesaid, That no person shall be qualified to vote in any election held in the said town, who was not a duly qualified voter of some county of the State of Georgia at the last general election for county officers held in the county of his residence, and who has not been a bona fide resident of the said town for the six months next preceding the election, and who has not paid all taxes due by him to the said town at the time he registers, and who has not registered and been entered upon the voter's list of the said town as hereinafter provided. Qualified voters. SEC. 11. Be it further enacted by the authority aforesaid, That it shall be the duty of the Council of the said

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town at the first meeting in October of each year, or as soon thereafter as practicable, to designate by order on the minutes of Council, the clerk of Council, or some other fit and proper person, or more than one, if deemed necessary, to act as registrars; and it shall be the duty of the registrar, or registrars, to open the registration book, or books, at one or more convenient places in the said town for the purpose of registering the qualified voters of the said town, and to post notice at at least two public and conspicuous places in the said town specifying the time of opening and closing the registration book or books, and the place, or places, at which such books will be kept open, the same to be not less than ten (10) days; the registrar or registrars shall have written or printed in the registration book or books on the first page or at the head of the registration list or lists, therein, the following oath, to-wit: Georgia, Worth County; in the town of Bridgeboro, said county. I do solemnly swear (or affirm) that I am a citizen of the United States; that I am now twenty-one (21) years of age, or will be on or before the date of the next election to be held in the said town of Bridgeboro, for which election I am now registering; that I have resided in the State of Georgia for the past twelve (12) months, and in the town of Bridgeboro for the past six (6) months, immediately preceding the date of taking this oath, or will have so resided on or before the date of the next election to be held in the said town, for which election I am now registering; that I have paid all State and county taxes required of me since the adoption of the Constitution of the State of Georgia of 1877, except taxes for the present year; that I have paid all taxes required of me by the said town up to the date of taking this oath; that I am not disfranchised from voting by reason of any offense committed against the laws of the State of Georgia; that my age, occupation,

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residence, and all other information stated opposite my name below, is true as there stated. So help me God. Which oath shall be taken by each person registering in said book or books, the same to be read by the person registering or by some one else in his presence and hearing, and shall thereupon be signed by him, or by some one directed to enter his name on the registration book in his presence and in the presence of the registrar in charge of the book; the persons acting as registrars being hereby authorized to administer the said oath to all persons registering; such information, as the Council may require by form prescribed, or as the registrar or registrars may require by form provided by them, shall be entered in the registration book or books opposite the name of the person registering, the same to be entered by the person registering himself, or by some one else under his authority and direction in his presence and in the presence of the registrar in charge of the book in which the same is entered. Any person registering his own name, or directing the same to be done, in one of the registration books of said town, and giving the information required by the authorities of the said town in connection with his registering, who shall knowingly enter or give any false information, or knowingly state and enter or have entered any fact that is untrue at the time entered, shall be guilty of a misdemeanor, and shall be subject to prosecution and punishment as for a misdemeanor, as provided for in the Penal Code of Georgia of 1910, Section 1065. The registration books shall be opened twenty days before the election for which the registration is made, and shall close ten days before such election; after the registration books close, it shall be the duty of the Council, a majority of the Council constituting a quorum, to meet and make up the official list of qualified voters. No candidate shall act, and, in

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the event there are not as many as three of the members of Council who are not candidates, those who are qualified to act may select any qualified voter of the town to act in the place of each disqualified member. Should any member of Council fail or decline to serve for any reason, any qualified voter may be substituted. It should be the duty of this body, as many as three to act at all times, a majority of those acting deciding all questions, to go carefully through the list of registered voters, and to satisfy themselves as to the qualification of each and every voter whose name appears on the registration book, and they shall not enter the name of any voter upon the official list of voters until they are thoroughly satisfied that he is qualified in every way to vote. If the name of any person appears on the registration book whose qualification as a voter is questioned by the said body, it shall be their duty to notify such person in writing of the time and place of the hearing on the question of his qualification as a voter, which notice may be served by the marshal or any person appointed by the said body, by handing the same to such person, or by leaving the same at his place of residence entered opposite his name on the registration book, or by leaving same at his last most notorious place of abode in the said town, at least the day before the hearing is to be had the next day. The said body shall, in their investigation as to the qualification of voters, have access to all of the records of the said county and town, and shall have power to require the production of books, papers and other documentary evidence instanter, by subp[oelig]na, duces tecum, notice to produce, or other appropriate process, and shall have the power to subp[oelig]na and require the attendance of witnesses, take depositions, sue out interrogatories, and procure evidence in any and all of the ways provided by law, the same as might be done by the Superior Courts of said county in

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any matter pending therein, and of which it had jurisdiction. All subp[oelig]naes, notices and other process shall be issued and signed by the clerk of Council, or some person designated by this body as its clerk, and bear test in the name of any member of this body. This body is hereby empowered to punish witnesses for non-attendance, and all persons for failure to comply with its order and processes, and for contempt, to the same extent and in the same manner as the Judge of the Superior Courts of said county, might do in the Superior Courts as to matters pending therein, and of which the said Superior Court had jurisdiction. This body is hereby granted the power and authority to pass upon the qualification of any and all voters, and to make up the official list of voters of the said town, being guided by the laws of the State of Georgia, and by this charter and the laws of the said town, and to make up and certify the list of the qualified voters of the said town; and it shall be the duty of the said body to prepare and certify a list of the qualified voters of the said town, as made up by them, and to place the same, or a copy thereof, in the hands of the managers of the election for which such list is made up, at or before the time fixed for the polls to be opened; and it shall be the duty of the managers of the election to follow the official list as thus made up, and not to allow any person to vote whose name does not appear on said list. After the first official list of the said town has been made up, as herein provided, it shall not be necessary thereafter for any of those persons whose names appear on the said list first made up to register again thereafter; for the purpose of any and all succeeding elections, the body making up the official list of voters shall carefully revise the official list of voters made up for the last preceding election, that is to say, the official list then existing and of force, and, should this body making

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up such list have cause to believe that any person whose name appears thereon was disqualified at the time his name was entered thereon, or has become disqualified to vote thereafter, and that such disqualification has not been removed, shall issue a notice and have the same served upon such person in the manner herein provided with reference to the making up of the first list, and shall make investigation as to the qualification of such person to vote, and in the event he appears to be disqualified, his name shall be stricken from said list; all new names entered upon the registration books shall be considered, and the qualification of such persons to vote shall be determined in the same manner as in making up the first list; and only the names of such persons as are found to be qualified to vote shall be added to the official list of voters. In this way a new list of voters shall be made up for each election, none to be entered on the new list except such as are determined to be qualified at the time such new list is made up; the official list of voters to be kept revised and purged of all voters not qualified in this manner. This registration law for said town shall apply to the annual election of officers of said town, and to all other elections held therein where it is consistent with other laws applicable to such election to make the same apply, except special elections for the purposes of filling vacancies in the offices of Mayor or Councilmen of the said town. At all special elections held for the purpose of filling vacancies in the office of Mayor or Councilman, and all elections with reference to which it appears inconsistent with other laws applicable to such election to require registration, as herein provided, it shall be the duty of the body authorized hereby to make up the official list of voters, to call a meeting and give notice of the time and place of such meeting, such notice to be posted at two public and conspicuous places

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in the said town, and this meeting to be had at least one day before the date of such election, at which meeting this body shall proceed in a summary way to revise the official list of voters last made up and purge it of all disqualified voters, and to add thereto the names of all persons who shall apply to them and register in the regular way, and otherwise satisfy this body of their qualification to vote at such election, and shall make up a list of those determined to be qualified in this way, and certify the same, and deliver the same, to the managers, and such list shall be the official list for such election, and shall be followed by the managers thereof. Registrars. Registration book. Oath of persons registering. False information, penalty for. Registration books, open and close when. Official list of voters. Question of qualification, how tried. Revision of registration list. Special elections, revision of voters' list for. SEC. 12. Be it further enacted by the authority aforesaid, That all elections of the said town shall be held by three qualified voters thereof, whose names appear on the official list of voters for such election, and such clerks as they may appoint from said list; that all elections shall be held as nearly as practicable in the same manner as elections for members of the General Assembly of Georgia; the polls shall be opened at some convenient place in the said town, and shall be kept open from 10 o'clock, A. M., to 3 o'clock, P. M., on the election day; the managers and clerks shall, before entering upon the discharge of their duty and proceeding to hold the election, take and subscribe the following oath: Georgia, Worth County: town of Bridgeboro, said county. All and each of us do solemnly swear that we will faithfully superintend this day's election; that we will make a true return thereof; that we will not knowingly permit any one to vote who is not entitled to do so, nor knowingly prevent any one from voting who is entitled to do so; that we will not divulge for whom any vote was cast, unless called upon in some Court of law to do so. So help us, God; which oath may be taken

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before any officer authorized by law to administer oaths, or the managers may swear each other, and any one of the managers the clerks; the managers shall carefully and correctly count the vote cast at the election held by them, and shall certify the result, and file their certificate thereof with the clerk of Council, who shall, at once enter same upon his minute book, and file same in his office; the managers shall seal up the voters' lists, tally sheets, ballots and other papers pertaining to such election, and deliver the same sealed to the clerk of Council, who shall retain the same in his office for thirty days if no contest is filed, and shall then burn or otherwise destroy the same; the managers shall also, at any election of officers, issue a certificate to the officer-elect, certifying his election and naming the office to which he has been elected, and such certificate shall be signed by at least two of the managers, and when thus signed shall operate as the commission of such officer; if no contest is filed contesting the election of such officerelect by twelve o'clock, noon, on the day following the election, he shall take the oath of office, and thus become qualified to take up the exercise of the office at the beginning of the term for which he is elected, or at once if to fill a vacancy. If notice of contest be given as above provided, the contest shall proceed and be determined as provided in the Civil Code of Georgia for such cases. Elections, how held. SEC. 13. Be it further enacted by the authority aforesaid, That the Council shall, at the first meeting after each annual election, or as soon thereafter as practicable, appoint, by order on the minutes of Council, a clerk of Council, a treasurer and a marshal, these offices being hereby created; and it shall be the duty of such officers to perform all duties that are fixed by this charter, or that may be prescribed by ordinance or order of Council, and that is

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customary and proper for such officers. In addition to the foregoing, the Council of said town is hereby empowered and authorized to create from time to time any office, board, committee, commission, or other body or authority as said Council may deem proper and necessary to carry out all of the objects and purposes of this charter, and to abolish any of the same as it may see proper. The Council of said town is hereby granted the power and authority to fix by ordinance or order on the minutes of Council the term of office of the clerk, treasurer, marshal, and any and all other officers, boards, committees, commissions and bodies of the said town, created by this charter and by said Council; to fix and prescribe their qualifications, oaths, duties and powers; to fix and take and enforce bonds where deemed necessary and proper; to fix the compensation, fees and salaries of any and all of same; to remove from office or position any and all of same, for neglect of duty, incapacity or other sufficient cause in the discretion and judgment of said Council; said Council to have general and exclusive power, control and supervision over the same at any and all times. Clerk, treasurer and marshal, and their duties. Additional powers of Council. SEC. 14. Be it further enacted by the authority aforesaid, That the Mayor of the said town shall be the presiding officer of the Council thereof, and shall be the chief executive officer of the said town; it shall be the duty of the Mayor to see that the laws of the State of Georgia, and the laws, ordinances, by-laws, rules, orders, and all enactments of the body over which he presides are all faithfully and strictly executed and enforced; it shall be the duty of the Mayor to supervise the work of all subordinate officers, committees and other persons connected with or chargeable with any duty or service in connection with the government of the said town and the conduct of

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its affairs, and to report any failure, neglect or misconduct on the part of any one of them to the Council; he shall audit and approve all accounts against the said town before they shall be paid, and no money shall be paid out of the treasury of the said town, except upon warrant of the Mayor countersigned by the clerk of Council, except as herein otherwise provided; the Mayor shall not draw his warrant upon the treasurer for any purpose or on any account, except when authorized by the Council, and upon order of the Council duly entered upon the minutes of Council; he shall keep the Council advised from time to time of the conditions of the affairs of the said town, and shall suggest and recommend the enactment of such measures as in his judgment may be necessary or expedient, for the good government and general welfare of the said town; he shall be diligent and vigilant in seeing that the good order, peace and general welfare of the citizens of the said town is preserved and protected at all times. The Council shall, at its first meeting after each annual election, or as soon thereafter as practicable, elect a member of Council, by order on its minutes, to act as Mayor pro tem. during the current term of the Mayor; and in the absence, disqualification or failure of the Mayor for any cause, and in the event of a vacancy in the office of Mayor, the Mayor pro tem. shall act as Mayor, and shall perform all of the duties and exercise all of the powers of the Mayor; in the absence, disqualification or failure of the Mayor and regular Mayor pro tem., and in the event of a vacancy in both of the said offices, any Councilman may act as Mayor and perform all of the duties and exercise all of the powers of Mayor. The Mayor, and acting Mayor, while presiding at any meeting or session of the Council, or of any committee or subordinate body created thereby, shall have, and is hereby given, full power to preserve

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order and to punish any and all persons for contempt, by fine not to exceed twenty-five ($25.00) dollars, by imprisonment in the town jail, or in the jail of Worth County, not to exceed ten days, or by compulsory work upon the streets or public works of the said town not to exceed twenty days, either one, or more, or all of the punishments in his discretion. Duties and powers of Mayor. Mayor pro tem. Contempts. No salaries for Mayor and Councilmen. Exempt from street tax and duty. SEC. 15. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen shall not receive any salary or compensation for their services, except that they shall be exempt from street tax and street duty. Mayor and Councilmen removed from office, when and how. SEC. 16. Be it further enacted by the authority aforesaid, That should the Mayor, or any Councilman, be guilty of malpractice, wilful neglect of duty, gross and wilful abuse of the powers entrusted to them, or for any reason become incompetent or unfit to fill such office, and to properly perform the duties and exercise the powers thereof, any member of Council, or any citizen of the said town, may bring a petition for rule against such offending officer, setting forth the charges against him before the Judge of the Superior Court of Worth County, Georgia, who shall issue a rule to show cause thereon, requiring the said offending officer named therein to appear and show cause before such Judge, at such time and place as he may therein designate, why he should not be removed from the office occupied by him, and the judge of the said Court is hereby authorized and given jurisdiction to entertain such proceeding, grant the rule thereon, cause the same to be served as he may direct, to hear testimony and pass upon the same, and upon proper showing made in his judgment to remove the officer charged, and to declare the office occupied by such officer vacant, and the action and judgment of the Judge of said Court in such proceeding shall be final.

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SEC. 17. Be it further enacted by the authority aforesaid, That the said body corporate, by and through its Council, shall have, and it is hereby granted, the power and authority to levy and collect an annual ad valorem property tax on any and all property, property rights, franchises and any and all things subject to taxation by municipal corporations under the Constitution and laws of the State of Georgia, covering the area, and within the corporate limits and jurisdiction of the said town; for this purpose, and to this end the said Council may, by ordinance and order upon its minutes, provide a method for returning and receiving tax returns, and of requiring all persons owning any property or anything else subject to taxation within the jurisdiction of said town to make due and proper return thereof, and to provide a method of revising and correcting the tax returns, and assessing a valuation thereon for the purposes of taxation; and to provide a method for collecting taxes on all property and everything subject to taxation within the jurisdiction of said town; the said Council is hereby authorized and empowered to fix the tax rate, and to levy the tax on all property and on all and everything within the jurisdiction of said Council subject to taxation, for any and all purposes of the said municipal corporation, not inconsistent with and limited only by the Constitution and laws of the State of Georgia; the Council of the said town is hereby delegated and given full and complete power and authority to do any and all things necessary and proper in regard to this matter of tax returns, assessing tax values, levying and collecting taxes, for any and all purposes of the said town, and to provide by ordinance and order on the minutes of the said Council for any and all of same, the power of the said Council in this regard and within its jurisdiction to be limited only by the Constitution and general

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laws of the State of Georgia. The collection of all taxes levied may be enforced by execution, levy and sale; tax executions to be issued by the clerk of Council, or other officer designated by the Council, and shall be directed to the marshal of the said town, and shall be levied by the said marshal or by any officer designated by the Council, and the property levied on shall be advertised and sold, in case of personalty, in the said town in a similar manner as provided for by the laws of this State in case of Constables' sales; and, in case of realty, at the county court house in the said County of Worth, on the first Tuesday in the month, in a similar manner as Sheriff's sales of realty under the laws of this State; the marshal of the said town, or other officer designated by the Council thereof, to make sales and conveyances in all instances as to all property of all kinds. Ad valorem tax, levy and collection of. SEC. 18. Be it further enacted by the authority aforesaid, That the Council of the said town shall, in addition to the advalorem tax hereinbefore provided for, have the authority and power, and the said Council is hereby granted the authority and power, to pass at its first meeting after the annual election of each year or as soon thereafter as practicable, a specific tax, or license ordinance, assessing and levying a specific or occupation tax on all businesses, occupations, callings, trades, etc., carried on or exercised in the said town, and to fix and provide a method of enforcing the collection of same, and to this end to provide for the punishment of all persons failing to comply with the said ordinance, and to pay the taxes levied thereby in accordance with the terms thereof. Special taxes, levy and collection of. SEC. 19. Be it further enacted by the authority aforesaid, That the Police Court of the said town shall be known

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and designated as The Mayor's Court of the Town Bridgeboro, which Court is hereby created and established. The Mayor, or in his absence, disqualification or failure to preside for any cause, the Mayor pro tem.; or in the absence, disqualification or failure to serve for any cause of the Mayor and Mayor pro tem., any Councilman of the said town shall preside over and constitute the said Court. The said Court shall have, and is hereby given, jurisdiction and power to try and punish all offenders against any of the laws, ordinances, by-laws, rules, orders and other enactments of the Council of the said town, the punishment to be by fine not to exceed one hundred ($100.00) dollars, imprisonment in the jail of the said town not to exceed thirty days; compulsory labor upon the streets or other public works of the said town for a period not to exceed three months, either one, or more, or all of these punishments, in the discretion of the officer presiding over said Court. In the event a fine is imposed, the said Court shall enforce the payment of the same by imprisonment or work upon the streets or other public works of the said town within the limits above provided. The marshal of the said town, or other officer designated by the Council, shall execute and carry out the judgments, sentences and orders of the said Court with reference to all persons convicted therein, and such officer is hereby authorized and empowered to execute and enforce the same. The Council of the said town shall designate the marshal or some other proper person as guard and whipping boss, and such officer so designated by Council, shall have power and authority within reasonable rules and limitations to be fixed by the Council of the said town, not inconsistent with the Constitution and general laws of this State, to put all persons convicted in the said Mayor's Court, and sentenced in the said Court, to work upon the streets or other public works

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of the said town in the regulation convict stripes, shackles and chains where deemed necessary and proper, and to force such convict or convicts to perform reasonably hard labor upon the streets or public works of the said town by whipping and other reasonable punishment, all of the same to be done in accordance with reasonable and humane rules and regulations prescribed by the Council of the said town. The officer presiding over and constituting the said Court is hereby empowered to keep order in his Court, to punish for contempt, to fix rules for the conduct and government of said Court, and to fix the time and place of holding the same; he may punish all disorderly persons and persons in contempt of said Court, and all who violate any of the rules and orders of the said Court, by fine, imprisonment, or work upon the streets or other public works in said town or within the limits above provided; he is hereby given the power to enter charges against the marshal, any police officer, or any other officer having duties in connection with the said Court, and to try such officer or officers for any failure to execute any of the judgments, orders, sentences or other processes of the said Court, and upon conviction to punish such officer or officers by fine, imprisonment or work upon the public streets or works of said town within the limits above provided, and within his discretion he may suspend or remove such officer or officers; this Court shall have the power and jurisdiction to compel the attendance of witnesses, and require the production of documentary evidence, and shall exercise the same authority and power with reference to despositions and interrogatories as the Superior Courts of this State have and exercise as to similar matters. In all criminal or quasi criminal matters, the said Court shall have the power to require the attendance of witnesses from any place within the bounds of the State of Georgia; provided, that where

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witnesses are required to attend who reside without the limits of Worth County, they shall be entitled to a per diem of $2.00 per day and all actual traveling expenses by the nearest and best route, this per diem and expenses to be paid upon order of the said Court out of the treasury of the said town. The mayor of the said town at all times, and the officer presiding over the said Court, while so presiding and exercising the jurisdiction and powers of Mayor, is hereby empowered to issue warrants for all offenses committed against the laws of this State, and for all offenses against any of the laws, ordinances, by-laws, rules, orders and other enactments of the said town, and all warrants issued by the Mayor, or the officer presiding over said Court, shall be directed as the ordinary State's warrant, and shall be substantially in the same form, and shall have the same force and effect, and the same may be executed by any arresting officer of this State anywhere in this State, wherever the person charged therein may be found. The officer presiding over said Court is empowered to hold committal trials, to bail over to a Court of competent jurisdiction, grant bail, and to do any and all acts and exercise any and all powers of Justices of the Peace in this State with reference to criminal and quasi criminal matters. All bonds taken for the appearance of persons charged in the said Mayor's Court shall be enforced therein with substantially the same procedure as like bonds for appearance are enforced in the Superior Courts of this State, all processes to be issued by the clerk of Council and bear test in the name of the Mayor of said town, the penalty of all bonds for appearance in the said Court not to exceed one hundred ($100.00) dollars. It shall not be necessary to draw up or prefer any formal charge or accusation against the defendant in the said Mayor's Court; the Mayor, or officer presiding, shall keep a docket

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and enter thereupon all cases, stating the charge in the name of the town of Bridgeboro, and in general terms, and upon call of the case, the defendant shall, upon demand, be informed in a brief and general way of the charge against him, and, after giving the defendant a reasonable time to prepare for trial, said officer presiding shall proceed in a summary way with the trial, examining the defendant and such witnesses as may be introduced, and shall enter up judgment on the said docket. Should the defendant not be satisfied with the judgment of the said Court, he shall have the right of certiorari therefrom as provided by the laws of this State. Police Court. Jurisdiction. Punishment of offenders. Contempt. Punishment of offenders. Punishment of officers for failure to perform duties. Witnesses. Evidence. Per diem of non-resident witnesses. Warrants. Committal trials. Appearance bonds. Trial of cases. SEC. 20. Be it further enacted by the authority aforesaid, That the marshal of the said town, and any and all police officers thereof appointed by the marshal, or by the Council of said town by order on the minutes of said Council, during the period for which they are appointed, or until their appointment has been revoked by the marshal or by order on the minutes of Council, shall have, and they are hereby granted, the same power and authority to execute warrants, and make arrests without warrant, as may now be exercised by the Sheriffs of the various counties under the laws of this State; and throughout the jurisdiction of this State; and in addition thereto, it is hereby expressly made the duty of the marshal and police officers of the said town, to be diligent in discovering, apprehending, and procuring warrants against, where warrants are necessary, and preferring charges against, where no warrant is necessary, all persons disturbing the peace, or acting disorderly within the corporate limits of the said town, and all persons violating or offending against any of the laws of this State, or any of the laws, ordinances or other enactments of the said town; the marshal and police officers of

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the said town are authorized and empowered, in all cases where they have probable cause to suspect that offenses are being committed against any of the laws of this State, or any of the laws or ordinances of the said town, behind closed doors, or that offenders are secreted or being harbored, to force an entrance for the purpose of discovering and apprehending such offenders. The marshal and any and all public officers of the said town are hereby authorized to summon to their assistance, for the purpose of suppressing riots, keeping peace and good order in the said town, and making arrests, any and all male inhabitants of said town between the ages of twenty-one and fifty; it shall be the duty of Council, and the Council of said town is hereby empowered to provide by ordinance for the arrest, trial and punishment, in the event of conviction, of all persons failing to assist the marshal or other police officers, when called upon to do so, without good and sufficient cause. Execution of warrants and arrests. Marshal may summons assistance when. SEC. 21. Be it further enacted by the authority aforesaid, That the Council of the said town be, and the same is hereby empowered to levy and collect from each male inhabitant of the said town, who is at this time, or may hereafter be made subject to road duty, or liable for commutation tax for road purposes, under the laws of this State, the sum of $4.00 per annum, the same to be collected quarterly as a street tax; provided, that any person subject to said tax may relieve himself of the payment of same in money by working on the streets of the said town, or other public works thereof, under the direction of the authorities of the said town in charge of such work for a period of eight days; the Council of the said town is hereby authorized to enact an ordinance, and to change or amend the same from time to time, providing the time and manner

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of collecting the said street tax, and providing for the arrest, trial and punishment of any and all defaulters. Commutation tax. SEC. 22. Be it further enacted by the authority aforesaid, That the Council of the said town shall have, and it is hereby granted, the power to lay out and adopt a ground plan for the said town, to adopt the streets and alleys already open and in use, to lay out and open new streets and alleys, to widen or change in any way they see proper all of the streets, alleys and ways of the said town from time to time; to abolish and discontinue any street, alley or way of the said town; to regulate the width of sidewalks, alleys and streets of the said town, to control and exercise full and complete power over any and all of the sidewalks, alleys and streets of the said town; to provide by ordinance for the removal of any and all obstructions, encroachments, nuisances, or objectionable things on the sidewalks, alleys and streets, and all public ways of the said town, and for the enforcement of said ordinance, and for the punishment of offenders against the same. The Council of the said town is hereby empowered and authorized to exercise the power of eminent domain in and for the said town, for the purpose of condemning private property, for the purpose of laying out and opening new streets and alleys, and for widening, straightening or in any way changing the street and alley lines of the said town, and generally for any and all street, alley, sidewalk and other public ways, and for any and all other public purposes for the use and benefit of the said town and its inhabitants, this power and authority to be as full, complete, unlimited and unrestricted as may be allowed and granted under the Constitution and laws of this State to municipal corporations. This power of eminent domain, when sought to be exercised by the Council of the said town, shall be done

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in the manner now provided or which may hereafter be provided by the laws of this State for condemning private property or acquiring the right of using the same for public purposes, such condemnation proceedings to conform to the provisions of the Act approved December 18, 1894, (Acts 1894, pages 95 to 100, inclusive), which are now embodied in Sections 5206 to 5246, inclusive, of Volume one of the present Code of this State. Ground plan for town, Streets and alleys. Condemnation. Powers of eminent domain how exercised. SEC. 23. Be it further enacted by the authority aforesaid, That in addition to all of the foregoing general powers, the Council of the said town is hereby expressly granted the following powers, it being provided that the same shall in no way limit or restrict the general powers hereinbefore granted, to-wit: Express powers. 1. To provide for the protection and security, and for the quiet and peaceable enjoyment of life, liberty and property, of the citizens of the said town; to provide for the suppression and punishment in a quick and summary way of all riotous and disorderly persons, and of all persons offending against any of the laws or ordinances of the said town. Protection of liberty and property. Suppression of riotous and disorderly persons. 2. To provide for a license fee, and to levy and collect a special tax on all circuses, shows, exhibitions, performances and entertainments of any and all kinds; and on any and all billiard, pool and other tables of like kind, bowling alleys, games of all kinds, places of amusement and entertainment; and to provide by ordinance for the regulation and conduct of the same, and for the collection of all fees and special taxes imposed on the same, and for the punishment of all persons violating such ordinance. Special taxes.

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3. To define what shall constitute a nuisance in the said town, to abate any and all nuisances, and to provide for the punishment of those who maintain the same. Abatement of nuisances. 4. To regulate markets, butcher pens, butcher shops, livery stables, fish stands, restaurants and all like businesses, and to confine the same to a particular locality or localities in the said town; to revoke the license and discontinue and suppress any and all of such places or businesses at and in any particular locality in the said town at any time. Regulation of markets, butcher pens, etc. 5. To fix and define fire limits within the said town, and to prescribe the kind of material to be used in any and all buildings, structures, improvements, fences and everything erected or established within such limits, and to change and extend the said limits by ordinance as the Council of said town may see proper from time to time; to regulate and control the sale and storage of combustibles in the said town; to regulate and control blacksmith shops, forgeries, foundaries, mills, steam engines, machinery and plants of all kinds, and to condemn and remove the same whenever necessary in the judgment of the Council of the said town for the safety and protection of property, and to confine the same to and within certain limits; to regulate chimneys, flues, stoves, furnaces and all heating apparatuses, and to condemn and cause the same to be removed whenever in the judgment of the said Council it is necessary to secure safety from fire; to regulate the obstruction of doors, windows and other openings, and to require places of exit, fire escapes, and other safeguards from fire and other dangers in public buildings, assembly halls and like places. Fire limits and building restrictions. 6. To regulate and control all hotels, restaurants. and other like places and businesses within the said town; also

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to regulate and control all drays, hacks, vehicles and conveyances of all kinds run and used in the said town for public patronage; also to regulate and control the use, speed, parking and handling of automobiles and motor vehicles of all kinds in the said town. Regulation of hotels, etc. 7. To take up and impound dogs, horses, mules, cattle, hogs and all other domestic animals, and all domestic fowls running at large on the streets of the said city, and to require the same to be kept up by their owners; to fix fees for impounding the same, and to provide for the sale and disposition of all animals and fowls impounded, and to provide for the punishment of offenders against ordinances enacted with reference to same. Impounding of animals. 8. To license, levy special tax upon, and to regulate the use of hacks, drays, bicycles, motorcycles, automobiles and all other vehicles used for public transportation and carriage, and to regulate the use of same for private benefit and purposes; to provide for the inspection of same, and to regulate the rates to be charged when used for public patronage. Hacks, drays, etc., license and special tax upon. Inspection rates. 9. To grant encroachments upon the streets, alleys and sidewalks of the said town on such terms and with such limitations and restrictions as Council of said town may fix, the same to be regulated by the said Council. Granting of encroachments. 10. To prohibit idleness and loitering upon the streets and in public places of the said town, and to punish offenders against ordinances that may be enacted for that purpose, the Mayor's Court to have jurisdiction. Idleness and loitering. 11. To provide for the enforcement of such measures and precautions as may be deemed necessary for the preservation of the public health, and for the prevention of all contagious and infectious diseases; to exercise absolute

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power for quarantine against any and all such diseases, and to pass and enforce regulations with reference to same; to provide for and enforce compulsory vaccination; to regulate and control all matters concerning the public health, and to enforce regulations regarding the same, and to provide for the punishment of offenders against ordinances enacted regarding the same. Public health. 12. To prohibit the use and renting of any house, room or other places in the said town for illegal or immoral purposes, and for any purpose that renders the same disagreeable or annoying to others in the same vicinity, because of noise, indecent, improper or disorderly conduct or acting, or for any other reason on account of the business or conduct carried on therein. Prohibition of use and renting houses for illegal and immoral purposes. 13. To provide for the inspection of buildings and structures of all kinds in the said town, to condemn the same when found to be unsafe, and to require the same to be made safe or to be torn down, and full power is hereby granted to provide for the enforcement of all ordinances enacted for this purpose. Inspection of buildings. 14. To pass all ordinances necessary and proper for the peace, security, health, comfort, convenience and general welfare of the said town and its inhabitants, and to provide for the enforcement of same, and for the punishment of offenders against same. General welfare. 15. To exercise all additional powers not hereinbefore granted, that may be necessary and proper for the good, government and general welfare of the said town and its inhabitants, and which can be conferred upon the said municipal corporation under the Constitution and laws of this State. Additional powers. 16. The Council of the said town is hereby authorized

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to employ an attorney at law, from time to time as said Council may deem proper, under special contract, and for any special service, or for advice and counsel, as said Council may deem necessary and proper, and to pay such attorney at law reasonable compensation as may be agreed upon for his services. Employment of an attorney at law. 17. The Council of the said town is hereby authorized to employ a physician, whenever deemed necessary and proper, to assist and advise the Council and the sanitary or health committee of Council, as to all matters pertaining to the health of the inhabitants of the said town, and for any special professional service in connection with the government of said town, as the Council thereof may determine to be necessary and proper, by special contract and to pay such physician reasonable compensation for his services as may be agreed upon. Employment of a physician. SEC. 24. 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 1, 1912. BRUNSWICK, CITY OF, CHARTER AMENDED. No. 401. An Act to amend an Act entitled An Act to consolidate and amend the several Acts incorporating the City of Brunswick, and for other purposes therein mentioned, approved August 27th, 1872, and the several Acts amendatory 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 Section nine (9) of that certain Act amending the charter of the City of Brunswick, approved August 14th, 1909, be amended by adding the following to said Section: But all of said debts, thus created by the board of health, including the employment of said inspectors shall be limited in amount to such sums of money as shall have been previously appropriated, from time to time, by the said Mayor and Council, for the use of the said health board. Brunswick, City of, Board of Health. Employment of Inspectors. SEC. 2. Be it further orained, That said Mayor and Council shall have the right, if it so elect, in the annual tax ordinance, to provide for the payment of all taxes due and collectible by said city, in two equal installments, said installments to be payable at such times as may be specified in said ordinance; and upon the failure of the payment of either of said installments when due, then execution shall immediately issue therefor, in the same manner and with all the rights to said city under said execution, as is now provided for the collection of taxes upon all real and personal property. Taxes, collection of in two equal installments. 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 7, 1912.

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BRUNSWICK, CITY OF, CHARTER AMENDED. No. 454. An Act to amend an Act entitled An Act to consolidate and amend the several Acts incorporating and chartering the City of Brunswick, Glynn County, Georgia, and for other purposes therein mentioned, approved August 27th, A. D. 1872, and the several Acts amendatory thereof subsequently passed, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above entitled Act and all Acts amendatory thereof be amended as follows, to-wit: That the Mayor and Council of said city shall have authority to lease, purchase or otherwise acquire water-front property within the corporate limits of said city, and also without the corporate limits of said city, but within the County of Glynn, within this State, and to erect and maintain thereon docks, wharves, warehouses and other buildings and structures necessary or convenient in connection with the establishment, maintenance and operation of such docks, wharves and warehouses. If said Mayor and Council shall be unable to secure such water-front property by purchase, they are hereby empowered to acquire the same by condemnation proceedings in the same manner and by the same proceedings as they are authorized to condemn private property for public streets. Brunswick, City of, water front property, right to acquire. Docks, wharves, etc., right to erect and maintain. Condemnation. SEC. 2. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have full right and authority to maintain, conduct and operate such docks, wharves, warehouses and buildings for the receiving, storing,

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handling and forwarding of goods transported to or to be transported from said city by ships, vessels, steamers, boats or other water craft, and as well for receiving, storage, handling and forwarding of goods, freight and merchandise generally. Shipping. SEC. 3. Be it further enacted by the authority aforesaid, That in the conduct and operation of such docks, wharfage and warehouse business, said Mayor and Council shall have the right to charge, receive and collect such reasonable tolls, rates and charges as may be reasonable and proper and subject to such regulations and control as may now exist or hereafter exist under any general law of the State of Georgia over corporations and individuals operating and conducting similar docks, wharves and warehouses. Said Mayor and Council shall have full right and authority to enact, pass and enforce such ordinances, rules and regulations as may be proper and necessary in connection with the operation, conduct and maintenance of such docks, wharves and warehouses, and shall have full authority to employ such officers and agents as may be required for the conduct of such business. Tolls, rates, etc. SEC. 4. Be it further enacted by the authority aforesaid, That said Mayor and Council is hereby fully empowered to issue and sell bonds for the purpose of acquiring, improving, maintaining and operating such water front property, docks, wharves, warehouses and other structures, after such bonds shall have been duly authorized in accordance with the provisions of the laws of this State regulating and authorizing the issuance of bonds by municipalities for municipal purposes, with full right and authority to levy and collect an advalorem tax upon all taxable property within said city for the purpose of so acquiring, improving

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and operating such property for the purpose of paying off and retiring the principal and interest of such bonds. Bonds for improvements, etc. SEC. 5. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have the right to sell, lease, or otherwise dispose of such waterfront property, docks, wharves and warehouses for such considerations and upon such terms and conditions as the Mayor and Council of said city may determine in the exercise of their discretion. Right to sell, lease or otherwise dispose of waterfront property, etc. SEC. 6. Be it further enacted by the authority aforesaid, That all laws, charter provisions and ordinances of said city in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1912. BUENA VISTA, TOWN OF, SYSTEM OF ELECTRIC LIGHTS AUTHORIZED. No. 349. An Act to establish and maintain a system of electric lights for the town of Buena Vista, Ga., to authorize the Mayor and Council of said town to issue bonds for same, to levy and collect a tax to pay all necessary expenses 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 from and after the passage of this Act

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the Mayor and Council of the town of Buena Vista, in the County of Marion, are authorized to order and have held an election by the qualified voters of said town, as provided by law, to determine whether bonds shall be issued by said town in a sum not to exceed eight thousand dollars to be sold for the purpose of purchasing, establishing and maintaining an electric light system or plant for said town of Buena Vista. The ballots of said election shall be For electric light bonds, or Against electric light bonds. Buena Vista, town of, election for electric light 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 purpose, then the Mayor and Council of said town are hereby authorized and empowered to issue said bonds in the sum not to exceed eight thousand dollars in the aggregate to be designated as Buena Vista electric light bonds, to be signed by the Mayor and recorder of said town. And shall be in the sum of five hundred dollars each, and to draw interest at 6 per cent. per annum, payable annually, on such date as said Mayor and Council may fix and be for a term of thirty years; said bonds when so issued shall be sold by the Mayor and Council in such way as to them may seem most advantageous to said town for not less than par, and the proceeds thereof shall be used by said authorities only for the purpose for which said bonds were issued. Said Mayor and Council are further authorized to contract to have said system of electric lights established and pay for the same in part or in whole with said bonds at not less than their par value. Issuance of bonds. SEC. 3. Be it further enacted by the authority aforesaid, That said Mayor and Council are hereby authorized and empowered to annually levy and collect a tax on all the taxable property in said town (as provided by law) in

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such sum as may be necessary for the purpose of paying the interest on said bonds, and also to create a sinking fund sufficient to pay off and redeem said bonds at maturity thereof; said tax so collected shall be used only for the purpose of paying the interest on said bonds as it accrues and for the creation of a sinking fund for the payment of the principal of the same. Tax for retirement of bonds. SEC. 4. Be it further enacted by the authority aforesaid, That said Mayor and Council are hereby authorized to erect poles, stretch wires and install lights in said town and to furnish lights to private parties for such time and at such price as they deem advantageous to said town, and the money arising from furnishing said lights shall be applied to paying the expenses of said electric light system and the interest and principal on said bonds. City may install and furnish lights to private parties. SEC. 5. Be it further enacted, That said Mayor and Council shall have full management and control of said electric light system. 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 29, 1912. BUFORD, CITY OF, CHARTER AMENDED. No. 377. An Act to amend the charter of the City of Buford, in the County of Gwinnett, by extending the corporate limits of said City of Buford, 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 present charter of the City of Buford is hereby amended by extending the corporate limits of said City of Buford, so as to embrace the following territory formerly covered by the corporate limits of the town of West Buford, to-wit: Beginning at the city limit posts on the Buford and West Buford line, on the right of way of the Southern Railway Company, and running from thence in a southwestern direction along the line of the present corporate limits of the City of Buford one-fourth of a mile; thence in a southeastern direction parallel with the track of the Southern Railway Company to the original land line between lots of land Nos. 292 and 293 in the seventh land district of Gwinnett County; thence in a northwestern direction along the said original land line a distance of one-half () mile; thence in a northeastern direction parallel with the track of the Southern Railway Company to the present city limits of the City of Buford; thence in a southwestern direction along said city limits line to the beginning point on the right of way of the Southern Railway Company. Buford, City of, corporate limits extended. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until the present charter of the town of West Buford, which was granted by the Superior Court of Gwinnett County, Georgia, is surrendered and a judgment of said Superior Court is passed accepting the surrender of said charter of said town of West Buford, and said corporation is thus dissolved, but that immediately upon such a judgment being entered in said Superior Court, this Act shall go into effect. Act effective, when.

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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, 1912. BUTLER, TOWN OF, CHARTER AMENDED. No. 594. An Act to amend Section 1 of an Act approved August 1st, 1883, entitled an Act to amend an Act to incorporate the town of Butler, in the County of Taylor, so as to extend the corporate limits of said town to authorize and empower the Mayor and Council of said town to issue fi. fas. and to make valid all fi. fas. heretofore issued by order of said Mayor and Council, so as to repeal that part of said Section excluding certain land from the operations of said charter, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act shall be amended by striking therefrom all of that part of Section 1 of said Act beginning with the word provided in line four of the printed Act, and extending through the remainder of said Section, so that said Section when amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, That the corporate limits of said town of Butler be, and they are extended to the distance of one mile in every direction from the court house in said town. Butler, town of, corporate limits.

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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 19, 1912. CADWELL, TOWN OF, CHARTER REPEALED. No. 579. An Act to repeal an Act to incorporate the town of Cadwell, in the County of Laurens, approved August the 22nd, 1907, and all Acts amendatory thereof. SECTION 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act that an Act approved August 22nd, 1907, to incorporate the town of Cadwell, in the County of Laurens, and an Act approved August 9th, 1909, to amend the above entitled Act incorporating the town of Cadwell be, and they are, hereby repealed. Cadwell, town of, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912.

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CADWELL, TOWN OF, NEW CHARTER FOR. No. 634. An Act to incorporate the town of Cadwell, in the County of Laurens; to define the corporate limits thereof; to provide for a Mayor and Council; to prescribe their powers and duties; and the manner of their election; to establish a system of public schools for the town of Cadwell; to provide for the support of the same by taxation and otherwise; to authorize and require the State School Commissioner to pay to the Mayor and Council of said town the pro rata of the State school fund to which said town would be entitled under the general law, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Cadwell, in the County of Laurens, be and the same is hereby incorporated as a town under the name and style of the town of Cadwell. Cadwell, town of, new charter. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town be as follows: Five hundred yards from the center of the intersection of Burch and Dexter streets, in said town, in each of the four directions on sai dstreets, so that the corporate limits shall be a square (or as near the same as practicable) instead of a circle, said square to be described or run on said 1,000 yards on said streets, as aforesaid. Corproate 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

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a body corporate under the name and style of the town of Cadwell, and by that name shall have perpetual succession and a common seal, may sue and be sued, plead and be impleaded, purchase and hold both personal and real property, sell, alien or lease real or personal property as may seem fit and proper to said Mayor and Councilmen. Mayor and Councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen shall be composed of the following named persons until their successors are elected and qualified, to-wit: H. C. Burch is hereby appointed Mayor of said town until January 1st, 1913, and that A. T. Coleman and A. McCook are appointed Councilmen until January 1st, 1913, and that H. R. Bedingfield and J. A. Burch are appointed Councilmen until January 1st, 1914, and each of the above named persons shall hold office until their successors are elected and qualified as hereinafter provided. First Mayor and Councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That there shall be an election held on the first Tuesday in January after the passage of this Act for the election of such officers as are herein provided for whose term of office expires prior to said first Tuesday in January, and there shall be held in said town of Cadwell an election on the first Tuesday in January for officers of said town for each year hereafter. Election of officers. SEC. 6. Be it further enacted by the authority aforesaid, That at all elections held in said town of Cadwell for the election of officers of said town, that said election shall be governed by the rules as nearly as practicable as elections for members of the General Assembly are conducted except as herein otherwise provided. The polls at all elections

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shall be open at some convenient and accessible place designated by the Mayor and Council at 9 o'clock A. M. and be closed at 4 o'clock P. M. That the managers at all elections shall take and subscribe an oath in the presence of an officer or in the presence of each other as follows: All and each of us do swear that we will faithfully superintend this day's election, that we are qualified voters of said town, that we will make a true return of the result thereof, that we will permit no one to vote who is not entitled to vote nor will we 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 to do so in some Court of law in this State. So help me God. That on the day after said election the managers shall issue to the person who receives a majority of the votes cast for the office for which he runs a certificate of election showing to what office said person was elected. Rules governing elections. SEC. 7. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen shall take and subscribe before an officer authorized to administer oaths before entering upon the discharge of their duty as follows: I do swear that I will faithfully discharge all the duties devolving upon me as an officer of the town of Cadwell to the best of my ability. So help me God. Oath of Mayor and Councilmen. SEC. 8. Be it further enacted by the authority aforesaid, That no person shall be allowed to vote in any election in said town who has not duly registered as herein provided, nor shall any person be allowed to register who does not subscribe to an oath that he has been a bona fide resident of said town at least 30 days prior to said election and that he is qualified to vote for members of the General Assembly in Laurens County. Qualified voters.

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SEC. 9. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said town to open a registration book thirty days before each regular election for the registration of the qualified voters of said town, and to require of all persons seeking to register to make the following oath: I do solemnly swear that I am a citizen of the United States. Have resided in Georgia twelve months and in the town of Cadwell sixty days before the date of the next town election; that I am twentyone years old, that I have paid all taxes due the town of Cadwell, that I have returned all property for taxation required of me by the ordinances of said town. So help me God. Whereupon said person shall register in a book kept for that purpose his name, age and occupation, and said clerk shall keep open said book until five days before the election when he shall close same and furnish to the election managers a list of the qualified voters of said town. Registration. SEC. 10. Be it further enacted by the authority aforesaid, That any person voting at any 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 in any Court having jurisdiction thereof shall be punished as for a misdemeanor. Illegal voting. SEC. 11. Be it further enacted by the authority aforesaid, That no person shall be eligible to the position of Mayor and Councilman unless he is twenty-one years old and a qualified voter in said town. Eligibility of Mayor and Councilmen. SEC. 12. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have authority to elect a marshal and clerk and prescribe the duties of each, to fix their salaries and require of them such bond

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as they may deem necessary. They shall also elect a treasurer for said town, prescribe his duties, fix his salary and require of his such bond as they deem proper. Marshal and clerk. SEC. 13. Be it further enacted by the authority aforesaid, That any vacancy that may occur in the office of Mayor or Councilmen shall be filled by an election by the Council to fill the unexpired term, and said Mayor and Councilmen shall receive such compensation as may be fixed by the Mayor and Council which shall not be increased or diminished during their term of office. Vacancies, how filled. SEC. 14. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have the power to make and pass all ordinances, by-laws, rules and regulations that may be necessary for the good government, peace, order and health of said town and for the enforcement of all powers herein granted. Passage of ordinances, etc. SEC. 15. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have power to levy a tax for the purposes of paying the expenses of said town, a sum not to exceed one per cent. on all property, real or personal, subject to the State tax within the corporate limits of said town, and they shall also have the power and authority to require all persons between the ages of sixteen and fifty years of age who reside in said town to work on the streets and sidewalks of said town for a period not exceeding fifteen days in each year or in lieu thereof may receive such street tax as the Mayor and Council may prescribe for each year. Ad valorem taxation. Street tax. SEC. 16. Be it further enacted by the authority aforesaid, That said Mayor and Council may by proper ordinance require a town license and may impose a tax thereon

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for the use of the town for all persons carrying on any business in said town as owner, occupant or agent and to regulate the manner in which said business may be carried on and to levy an occupation tax upon all persons or corporations, public or private, doing business in said town or having an agent or employee in charge of any business in said town and to levy a tax on all shows which may exhibit in said town and to pass all ordinances necessary to carry into effect the provisions of this Section. Special taxes. SEC. 17. Be it further enacted by the authority aforesaid, That all persons, corporations, public or private, before entering into and conducting any business of any character in said town shall register with the clerk his name and the kind and character of business and pay the license fee charged by said town, and have issued to him a license to do business in said town as owner or agent as the case may be. And said Mayor and Council shall have authority to pass such ordinances as are necessary for the enforcement of this Section. License fees. SEC. 18. Be it further enacted by the authority aforesaid, That the town of Cadwell shall have a lien on all real and personal property for the taxes due said town which may be assessed thereon and for all fines or penalties assessed or imposed upon the owners thereof by the authorities of said town from the time the same are assessed which shall have priority over all other liens, except for taxes due the State and county, and may be enforced in the same manner as may be prescribed by the authorities of said town. Liens for taxes. SEC. 19. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power to provide by proper ordinance for the arrest, trial and

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punishment of offenders against any ordinance, by-law or regulations of said town by fine, imprisonment or work on the streets of said town, one or more of said punishments; provided, said fine shall not exceed $50.00 and such imprisonment or time of labor shall not exceed 30 days. Trial and punishment of offenders. SEC. 20. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have power to elect a Mayor pro tem., who shall perform all the duties and exercise all the powers of Mayor when from any cause the latter cannot be present to perform the duties of the office. Mayor pro tem. SEC. 21. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have power to provide by ordinance for the collection of all taxes, moneys and fines due said town, all fi. fas. to be issued by the Mayor and executed by the marshal thereof. Collection of fines and taxes. SEC. 22. Be it further enacted by the authority aforesaid, That the Mayor shall have power to try, sentence and punish all offenders against the laws of said town to compel the attendance of witnesses to examine them under oath, to admit any offender to bail or commit him to the guard-house or common jail of said county, and that said Mayor shall be the chief executive officer of said town, and shall see that the orders, by-laws, ordinances and resolutions of the Mayor and Council are faithfully executed. He shall have the powers of a Justice of the Peace in said town for the binding over or committing to jail any offender against the laws of said State, and may appoint special police when he may deem it necessary to preserve order and enforce the ordinances, by-laws and resolutions of said town. Powers of Mayor. SEC. 23. Be it enacted by the authority aforesaid, That

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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 for taxes and when in their discretion place a proper valuation on such property subject to taxation when they are satisfied that said property has not been returned at its proper valuation by the owner or agent in charge of same; provided, however, that they give the owner or agent of said property three days notice of their intention to revise said tax return prior to the time of doing so, and that said Mayor and Council shall have the right to double tax all persons failing or refusing to make return of their property for taxation as aforesaid. Tax returns. SEC. 24. Be it further enacted by the authority aforesaid, That said town of Cadwell shall have the power of eminent domain, to condemn public or private property for the use of said town in accordance with the general law of said State. Condemnation. SEC. 25. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have the right to declare and abate nuisances as provided by law. Abatement of nuisances. SEC. 26. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have power and authority by proper ordinance to issue bonds for the public improvement in said town, and for the maintenance and support of the public school system hereinafter established subject to limitations and regulations in such cases provided by the general law of the State of Georgia. Bonds for public improvements and schools. SEC. 27. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town shall have

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the power to devise, design and adopt a system of public schools in said town and shall have exclusive jurisdiction of all the schools established under said system, and shall have authority to purchase land and build school houses for the use of said school, and shall elect a board of trustees for said school consisting of five members whose terms of office shall be one year, and any member of the Mayor and Council shall be eligible as such trustee and any other bona fide citizens who is qualified to vote shall be eligible as a member of said board of trustees, and the Mayor and Council shall have the authority to fill any vacancy in said board of trustees that may occur by election. System of public schools. SEC. 28. Be it further enacted by the authority aforesaid, That said Mayor and Council shall in addition to the advalorem tax levied in said town levy a tax for the support and maintenance of said schools in a sum not to exceed one-fourth of one per cent. upon all real and personal property subject to taxation in said town, and to provide for the collection of same as is herein provided for the collection of advalorem tax due said town. School tax. SEC. 29. Be it further enacted by the authority aforesaid, That the board of trustees for the public school system of said town shall have the right to elect teachers for said schools, to fix their salaries and to prescribe a curriculum in said schools, to make such by-laws, rules and regulations for the government and control of said school as they think proper. They shall also have the right to discharge any teacher for non-performance of their duty or for any other cause that said board of trustees may deem expedient for the best interest of said schools. That said board of trustees shall have the right to charge a matriculation fee for all pupils attending said schools both resident

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and non-resident of said town, and may make said matriculation fee for resident pupils a different amount from that of non-resident pupils and no pupil shall be admitted into said school until they have paid to the treasurer of said board of trustees said matriculation fee and receive from him a card of admittance into said school. School matters. SEC. 30. Be it further enacted by the authority aforesaid, That it shall be the duty of the Mayor and Council to prepare and furnish to the State School Commissioner each year by the 15th day of January a list of all the pupils in attendance on said school entitled to the State school fund, and the said State School Commissioner shall pay over to said Mayor and Council such proportion of said educational fund as said pupils are entitled to under the general school law. Public school fund. SEC. 31. Be it further enacted by the authority aforesaid, That said Mayor and Council shall keep a separate account of all money raised by taxation for the support of said school and shall not use same for any other purpose whatever except the support and maintenance of said school, and all moneys paid out by said board of trustees shall be done by vouchers, approved by the board of trustees and countersigned by the Mayor of said town. School tax kept separate. SEC. 32. 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 19, 1912.

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CANOOCHEE, TOWN OF, INCORPORATED. No. 620. An Act to incorporate the town of Canoochee, in the 1333 G. M. County of Emanuel (on the S. and S. Railway); provide for Mayor and Council; to fix the number of Councilmen not less than five; to provide for all elections necessary for the purposes therein; to locate voting places and methods of holding elections; to prescribe the qualifications of Mayor and Councilmen; their terms of office and elections; to confer on said Mayor and Councilmen certain duties, powers and privileges; to designate the qualification of voters; to provide for the government of said town, and to regulate the police officers thereof, their terms of office, salaries, duties, etc.; to define the corporate limits of said town and its location; to provide for public improvements of said town, to lay out, streets, alleys, sidewalks, driveways, and other public grounds, and for maintaining the same; to provide for issuing of bonds for public improvements and especially for public schools, school property, electric lights and water works; to provide how, when and under what circumstances and in what way and in what amount said bonds may be issued; to provide for the payment of said bonds and to levy taxes for said purposes; to provide for the assessment of taxes for said town on any and all kinds of property and business therein. 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 Canoochee, in the 1333 G. M. Dist. County of Emanuel, on the S. and S. Railway, and the same is,

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hereby incorporated as a town, under the name and style of the town of Canoochee. The corporate limits thereof shall extend one-half mile in every direction from the center of the station house of the Savannah and Statesboro Railway, in the said town of Canoochee, as it is now situated. Canoochee, town of, incorporated. Corporate limits. SEC. 2. Be it further enacted, That the municipal government and corporate powers of said town shall be vested in a Mayor and not less than five Councilmen, who shall be styled the town Council of the town of Canoochee, and by that name are hereby made a body corporate; as such they shall have perpetual succession, shall have a common seal, may sue and be sued, plead and be impleaded, control, hold, possess, sell, convey and purchase for the use of said town real or personal estate of any kind, and exercise all the corporate powers that may be necessary and in accordance with law. Mayor and Councilmen. SEC. 3. Be it further enacted, That all elections for said town both regular and special, shall be held under the auspices of the town Council, who shall appoint three freeholders, who shall be electors under this Act, who shall be furnished with a registration book of said town and such blanks as may be necessary for the proper and legal holding of said election, whose duty it shall be to receive and count the ballots and return the same to the town Council by eleven o'clock of the next day after the said election, when the town Council shall with the managers examine, consolidate and declare the result; provided, that the first election under this Act shall be held by three freeholders residing within the radius of the corporate limits of said town, who shall receive, count, consolidate and declare the result and notify parties elected as members of

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said town Council; provided, further, that the said managers, at any and all elections herein provided, before proceeding with the election shall be sworn as prescribed in Section Nos. 77 and 78 of the Code of Georgia, Volume 1, adopted August 15th, 1910. Rules for holding elections. SEC. 4. Be it further enacted, That J. A. Warnock of said town is hereby appointed Mayor of said town with the power of said office, the tenure of which to continue until January 1st, 1913, at which time the same shall expire; provided, however, he may succeed himself if duly elected according to the provisions of this Act. That C. J. Brown, F. A. Brown, E. C. Brown, Dr. O. C. Holley and W. H. Davis are hereby appointed Councilmen composing the town Council of said town, with powers of same to continue as such until January 1st, 1913, when the term of each shall expire; provided, that each may succeed himself as Councilmen if duly elected according to the terms of this Act. First Mayor and Councilmen. SEC. 5. Be it further enacted, That the first election for Mayor and Councilmen of the said town of Canoochee shall be held on the third Monday in December, 1912, and that elections shall be held for Mayor and Councilmen of said town annually thereafter on the third Monday in December of each year; that all special elections shall be held and returns thereof made the same as regular elections and at the usual place for holding same, and at such time as may be set by said town Council; provided, that at least ten days notice shall be given by posting a written or printed notice of the same in front of the door of the usual house for holding elections provided for by said town Council. Election for Mayor and Councilmen. SEC. 6. Be it further enacted, That all persons qualified

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to vote for the General Assembly residing in said town, who shall have paid all legal taxes due said town, and have done all the work on the streets imposed by said authorities of said town, and who shall have resided in said town for one month next preceding an election and shall have registered as hereinafter provided, shall be considered electors and entitled to vote at such election. Qualified voters. SEC. 7. Be it further enacted, That the ballots shall have written or printed thereon a name for Mayor and not less than five Councilmen; that the polls at all elections in said town shall not be opened before eight o'clock A. M., and shall be closed at four o'clock P. M. Ballots. Polls open and close, when. SEC. 8. Be it further enacted, That the clerk of the town Council of Canoochee shall keep a book for the purpose of registration, and such book shall be kept open at all times up to ten days immediately preceding the annual election of the town Council of said town in each and every year, and said clerk shall close said book for the full term of ten days prior to said annual election. Each and every person applying to be registered shall make oath before the clerk, who is hereby authorized to administer the same: I am twenty-one years of age (or I will be by the time of the next annual election, in said town); I reside in the town of Canoochee; by the next annual election in the town of Canoochee I shall have resided in the State of Georgia one year and the County of Emanuel six months and the town of Canoochee one month; I have paid all legal taxes required of me, and of which I have had opportunity of paying. That all persons legally registered for a regular election shall be entitled to vote at a special election held in the same year without again registering. Registration.

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SEC. 9. Be it further enacted, That any person offering to vote in said election may be challenged, and when so challenged the managers shall cause such person to take the following oath: I do solemnly swear that I am twenty-one years old; that I am a citizen of this State, and have resided for the last six months in the County of Emanuel, and for the last month in the town of Canoochee; that I have paid all taxes and have done all work on streets legally required of me in said town; that I have registered and have not voted before during the election; so help me, God. And no person challenged shall be allowed to vote, if he refuses to take the oath. Any person voting illegally at such election shall be liable to the same penalty that is prescribed by the laws of this State for illegal voting in State and county elections, and may be punished for the same in the State Courts having jurisdiction of the same. Challenges. SEC. 10. Be it further enacted, That if any person making application to register, he shall have the right to appeal to the town Council, who shall hear and determine the question of his qualifications and his right to vote. Qualification, how tried. SEC. 11. Be it further enacted, That upon the return of the election managers and consolidation of the votes by the said managers and the town Council, the said town Council shall issue certificates of election to the persons declared elected for the various offices of said town, who shall within two days after the receipt of said certificates appear before the said town Council and take the oath of office herein prescribed, and in each case said oaths so taken shall be recorded on the minutes of said town Council by the clerk. That the first Mayor and Councilmen of said town shall before August 1st, 1912, qualify for their respective offices by appearing and taking the oath hereinafter

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prescribed before some officer in Emanuel County authorized to administer oaths. Certificates of election. Oath of office. SEC. 12. Be it further enacted, That no person shall be eligible for Mayor of said city unless he possess the qualifications of qualified voter under the law of said town, except registration; has arrived at the age of twenty-five years and is upright and intelligent. No person shall be elected to the office of Councilman unless he possess all the qualifications necessary for Mayor, except he need only be twenty-one years of age. Eligibility of Mayor and Councilmen. SEC. 13. Be it further enacted, That the Mayor shall not take up the duties of his office until he takes and subscribes the following oath: I,....., do solemnly swear that I will demean myself uprightly, as Mayor of the town of Canoochee; that I will discharge all duties devolving upon me as Mayor of the town of Canoochee to the best of my ability, carrying out the laws, rules, ordinances and regulations of said town according to my best comprehension of same looking at all times to the interest of said town and acting in all things without favor or affection, which oath, when subscribed before the officer hereinbefore designated, shall be recorded with the certificate of election. Each Councilman shall take a similar oath putting Councilman where Mayor appears and it shall be recorded same as Mayor. Oath of Mayor and Councilmen. SEC. 14. Be it further enacted, That no member of the town Council either Mayor or Councilman, shall be eligible to serve more than three successive terms. Eligibility for three terms only. SEC. 15. Be it further enacted, That said town Council shall at their first meeting appoint a Mayor pro tem. who shall have authority to discharge all of the duties of Mayor

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whenever from sickness, absence from the town or other cause the Mayor is unable to act. Said Mayor pro tem. must be a member of said town Council; provided, that in the absence of the Mayor and Mayor pro tem. for any cause herein enumerated any member of Council may, for the time being, discharge the duties devolved upon the Mayor. Mayor pro tem. SEC. 16. Be it further enacted, That the Mayor or in his absence or inability, the acting Mayor of said town, shall hold a Police Court in said town at any time for the trial and punishment of all violators of the ordinances, bylaws, rules and regulations of said town, the punishment inflicted not to exceed a fine of $150 or labor on the streets of said town or public works of said town not to exceed 90 days, and in addition thereto such cost of the proceedings as may be imposed. Said cost and fines to be collected by execution issued by the clerk of the town Council in the name of the town Council against both real and personal estate of the offender; provided, that if in the investigation of any cases before said Mayor or acting Mayor it should appear that the penal laws of the State have been violated, it shall be the duty of said Mayor or acting Mayor to bind said party over to answer for said offense to a Court competent to try, and all rules and regulations governing Justices of the Peace when holding commitment Courts, shall govern said Mayor or acting Mayor in the discharge of his duties under this part of this Section; provided, further, that the jailor of said County of Emanuel is authorized and required to receive persons so committed under the same rules and regulations as if committed by a Justice of the Peace of said county. Police Court, jurisdiction, fines and punishment. SEC. 17. Be it further enacted, That said Mayor, Mayor pro tem. or Councilman acting as Mayor, as hereinbefore

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set out, shall preside at all meetings of the town Council; that said town Council shall hold regular meetings at such time and place as they may fiy by their by-laws, not less than once per month. They may also hold such called meetings as may become necessary or expedient. They shall require and have kept minutes of such meeting to be preserved for investigation and inspection, and such minutes so kept to be handed to their successors in office. Meetings of Council. Mayor presiding officer. SEC. 18. Be it further enacted, That said town Council shall, at the time of qualification, or within a reasonable time thereafter, elect a treasurer and clerk of Council, who may or may not be a member of said City Council, who shall take and subscribe before the Mayor of said town, an oath of office for the faithful discharge of their or his duty, and who shall give bond with good security payable to said town Council in such penalty as may be prescribed by them, conditioned faithfully to do and perform the duties of their respective offices. The terms of said officers are for one year, but they may be discharged by said town Council, and in their discretion at any time after ten days' notice of such intention to discharge, without any charge or charges of any kind against said officer, but simply at the will of said town Council. That at the time of their election their compensation per month shall be fixed. The duties of said officers are to be such as the town Council may prescribe in their by-laws. Treasurer and Clerk of Council. SEC. 19. Be it further enacted, That the marshal of said town may arrest with a warrant, and without a warrant any person he may see violating the laws of said State or the ordinances of said town, and bring the offender before the Mayor for trial, and to this end may summon any citizen or citizens of said town as a posse to assist in

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such arrest. Said offender so brought before said Mayor shall be tried without written or printed accusation, but shall simply have said case entered on a docket kept for that purpose and shall proceed to the trial of said offender, being governed by the same rules of continuance as are of force in the Superior Court of said county. Arrests. SEC. 20. Be it further enacted, That in the event of an arrest by said marshal, there could not be for any reason an immediate trial of said offender, or said trial should be continued as hereinbefore provided, said offender would have the right to enter into bond for his appearance to answer said charge against him at the time and place designated in said bond, and upon his failure to make said bond, he should be confined in the guard house or barracks of said town until such time as a trial of such case could be had; provided, that in the event of giving bond and his failure to appear at the time of trial and from time to time until the final disposition of the case, then the bond may be forfeited and execution issued thereon by said Council, first serving the principal, and securities if to be found with a rule nisi. Such rule nisi shall be signed by the clerk and Mayor, or acting Mayor, and should there be a defense to said rule, the same shall be heard by the Mayor or acting Mayor with the right of certiorari to the Superior Court of Emanuel County. Appearance bonds. SEC. 21. Be it further enacted, That all writs, processes and subp[oelig]nas issued in behalf of said town, shall be directed to the marshal of said town and signed in the same manner as executions. All executions issued in behalf of said town for collections of fines, forfeitures, taxes, or for any other purpose shall be directed by the marshal signed by the clerk and Mayor and all sales of the marshal of

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said town shall be advertised, if personal property, by posting the advertisement in three of the most public places in said town for ten days before the sale; and if real estate, in addition to the advertisement required for personal property, the said sale shall be advertised as provided for by law governing Sheriff's sales of the Sheriff of Emanuel County. Said marshal is hereby empowered to sell real estate levied on by him within said town. And when a claim or illegality may be interposed or a claim filed, the marshal shall not sell; but the claim or illegality shall be returned to the Court having jurisdiction thereof. Collection of fines and forfeitures. SEC. 22. Be it further enacted, That said town Council shall have the right to provide for public improvement in said town; to lay out, open any new street, lane or alley or widen any lane, street or alley or any way to change the same; it shall be lawful for said Council to have said street, lane or alley surveyed or 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 or changed for twenty days, during which time it shall be lawful for such owner, his agent, or attorney to file objections to such new street, lane or alley or to the proposed change in such old one, or to make claim for damages which may result to such owner. In case no objection is filed in said twenty days it shall be lawful for said town Council to proceed at once to open said street, lane or alley, or to make such change in any old one agreeable to the survey before the commencement of said proceedings. In case objections are filed or damages claimed, it shall be the duty of the Mayor 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 an owner shall refuse to select an arbitrator,

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the Ordinary of Emanuel County shall be authorized to select one for him, and the three arbitrators so chosen, after examining the premises and hearing such evidence as may be offered by either party, shall proceed to assess the damages resulting therefrom; provided, either party being dissatisfied with the award shall have the right to appeal the same to a jury in the Superior Court under the law governing appeals in other cases; and provided, further, that upon payment of the damages so assessed, or the lawful tender thereof by said town Council, to said owner, his agent or attorney, said town Council shall be authorized to open or change said street, lane or alley to correspond with the survey thereof, theretofore made, before final judgment on appeal. Public improvement, streets, lanes and alleys, etc. SEC. 23. Be it further enacted, That the town of Canoochee shall have and enjoy all the rights, privileges and powers incident to such corporation, and said corporation by their said town Council shall have full power and authority to enact all ordinances, by-laws, rules and regulations necessary for the good government of said town and for the securing the health of the inhabitants thereof; to have power to establish and regulate markets; to prescribe the time for holding the same; to prevent injury or annoyance to the public or individual from anything dangerous, offensive or unwholesome; to abate or caused to be abated anything in the majority of the whole Council shall be a nuisance; to regulate the keeping of gun powder or other combustibles; to provide in or near the town places for the burial of the dead and to regulate interments; to provide for the regular building of houses and other structures; to remove any and all obstructions from the streets, sidewalks, alleys, or other public domain of said town; to designate the fire limits; to provide for the construction

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of houses within the same; to provide for the construction of division fences by the owners of adjacent premises, and the draining of lots by proper drains and ditches; to protect the personal property of the citizens of said town, and for this purpose to appoint a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by them; to fix their term of office and compensation; to erect, authorize or prohibit the erection of gas works, electric lights or water works in said town; to prevent injury to or pollution of the water or healthfulness of said town; to provide a revenue for said town; to provide for the annual assessment of taxable property; to adopt rules for the regulation and government of its own body; to lay off, vacate, open, alter, cut, have and keep in good order and repair, roads, alleys, sidewalks, crossings, footings, drains, and gutters to be curbed and paved to be kept in good order, firm and clean by the owners or occupants of the real property next adjacent thereto. General powers. SEC. 24. Be it further enacted, That the Mayor and Council of said town are hereby authorized at their option to elect three freeholders residing in said town as assessors, who shall assess all the property and value the same, within said town, liable for taxation. All persons dissatisfied with the value placed on their property, shall appear before said assessors and produce testimony as to the value of property, and the decision of said assessors, after hearing the evidence, shall be final. Tax assessors. SEC. 25. Said assessors shall make their reports at such time and such manner as the said town authorities shall determine, and shall be governed by rules made by the authorities, unless contrary to the laws of this State.

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The authorities shall, in levying or assessing the rate of taxation, do so upon the value of the property reported by the assessors. Assessors' reports. SEC. 26. Be it further enacted, That the town Council shall be caused to be annually made up and entered upon its journal an accurate estimate which are or may lawfully be chargeable to said town and which ought to be paid within one year, and shall order a levy of such tax as may, within the opinion of the town Council, be necessary to pay the same. The tax may be levied upon all property, real or personal, within said town, upon banking, insurance, and other capital employed therein. The Council shall have power to levy and collect a specific tax upon factors, bankers, agents or managers of gift enterprises, shows of all sorts, peddlers of all sorts, fire and life insurance agents, policy venders, lightning rod agents, book agents, sewing machine agents, dealers in musical instruments, clocks and stoves, and upon all persons within the town exercising any profession, trade or calling or any business of any nature; provided, said tax is not in conflict with the laws of this State. Tax budget. Special taxes. SEC. 27. Be it further enacted, That every male citizen of said town, not under twenty-one nor over fifty years of age, shall if required by Council, work not exceeding fifteen days in one year and not exceeding five days in each month, by himself or acceptable substitute, on the streets, side-walks, alleys or public grounds of said town under the direction of the marshal, or he may be released from said work upon the payment of such amount as may be fixed by said Council as street tax. Street duty. Commutation tax. SEC. 28. Be it further enacted, That the town Council shall within sixty days after the passage of this Act, plainly

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mark and establish the corporate lines of said town, the same to be in a circle, one-half mile in every direction from the center of the station house of the S. and S. Railway in said town; that in addition to staking, blazing out and stone posting, said circle or corporate line, there shall be sign boards put on every road, street, lane or pathway, crossing said corporate line, with letters inscribed thereon, not less than one inch in length, plainly reading Town Limits. Corporate limits shall be marked. SEC. 29. Be it further enacted, That vacancies in the office of Councilman by death, resignation, failure to elect, removal from office or from town shall be filled by an election which shall be ordered by the Mayor after five days' notice posted at the Council chamber. Vacancy in the office of Mayor shall be filled by an election which shall be ordered and published five days by Council. Vacancies, how filled. SEC. 30. Be it further enacted, That in all cases there may be an appeal from the decision of the Mayor to the board of Councilmen, and a majority of said board shall be sufficient to hear said appeal; but there may be a certiorario to the Superior Court from either the decision of the Mayor or the decision of the Councilmen. Appelants before appealing must pay all cost or make the usual affidavit that from poverty he is unable to pay the cost, or give the usual appeal bond. Appeal from decision of Mayor. Certiorari. SEC. 31. Be it further enacted, That for any gross official misconduct, or abuse of power, or malpractice in office, by the Mayor or any Councilman, written charges may be preferred against such officer by any person, and upon a vote of two-thirds of the Council such offending officer shall be removed from office; provided, that in the

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trial of such cases the accused shall neither preside nor vote. Mayor removed from office, when and how. SEC. 32. Be it further enacted, That said town Council shall have the power and authority to impose a license upon dogs within said town in such manner and mode as such town Council shall deem best; provided, in no case shall the license imposed exceed one dollar per capita on said dogs. License on dogs. SEC. 33. Be it further enacted, That the Mayor as such, when presiding at any Police Court or any meeting of the Council, shall have power to punish for contempt by fine not to exceed fifty dollars ($50.00) or imprisonment not to exceed thirty days, for each offense, and may in his discretion impose the full penalty herein prescribed upon witnesses, who shall fail to respond to subp[oelig]na duly and legally served upon them without legal excuse for such failure. Contempt. SEC. 34. Be it further enacted, That the Mayor shall be the chief executive officer of the town, and he shall take care that the orders, by-laws, acts and resolutions of the Council are faithfully executed. He shall make out and publish annually a full report showing the exact condition of the town's finances, and shall require reports from the other officers of the town showing the exact status of affairs of each office. Duties of Mayor. SEC. 35. Be it further enacted, That the town of Canoochee and the town Council thereof shall have the authority to exercise all the rights, duties and privileges given to the towns of this State under the general law of this State not inconsistent with the general law of the State, not inconsistent with the provisions of this Act; to prevent, allow

Page 707

or refuse to prevent or allow the erection of telephone lines, street railways of all kinds and similar enterprises, in so far as their decisions and conduct does not conflict with the laws of the State of Georgia; to have the right and authority to prevent hogs, cows, horses, and stock and cattle of all kinds from running at large in said town; to impound the same as may be by them prescribed, and to punish the owner of said stock who wilfully turns them out for the purpose of allowing them to run at large any stock. General powers. SEC. 36. Be it further enacted, That all taxes, fines, forfeitures, and all other incomes of said corporation shall be collected by the marshal; provided, that said town Council may by its by-laws or ordinances give some other officer of said town the right and power to act in said collection. Collection of fines and forfeitures. SEC. 37. Be it further enacted, That said town Council shall build, erect and maintain a town guard house or barracks for their use in the confinement of offenders, and to be used in any and all ways necessary to carry out the provisions of this Act, the ordinances and by-laws, rules and regulations made in pursuance to the same. Guard house. SEC. 38. Be it further enacted, That this Act when passed and approved as provided for by law shall go into effect immediately or so soon after the approval thereof as the Mayor and Councilmen herein appointed shall get together and hold their first meeting to provide for the government of said town. Act effective, when. SEC. 39. Be it further enacted, That all laws and parts of laws in conflict with this Act, and the same are, hereby repealed. Approved August 19, 1912.

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CANTON, TOWN OF, CHARTER AMENDED. No. 448. To amend an Act amending the charter of the town of Canton, in Cherokee County, approved August 24, 1905, to confer additional powers, to create the Recorders Court, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by authority of the same, That an Act approved August 24, 1905, amending the charter of the town of Canton, in Cherokee County, be and the same is hereby amended as follows: SEC. 2. Section 14 of said Act be amended by adding after the word treasurer in the fifth line the word recorder. Canton, town of, recorder. SEC. 3. That Section 16 of said Act be amended by striking from the last line of said Section the words: and shall try all offenders of the laws of said town. SEC. 4. That Section 28 of said Act be amended by striking out the word Mayor in the first line, and inserting in lieu thereof the word Recorder. Also by striking out the word Mayor's in the fourth line of said Section and insert the word Recorder's. Also by striking out the following words in the fifth and sixth lines: to forfeit bonds for the appearance of persons before said Court. Also by striking the word Mayor in the tenth line of said Section and insert the word Recorder. Also the word Mayor in the twenty-ninth line of said Section be

Page 709

stricken and the word Recorder be inserted. Also by striking out the words in the twenty-ninth and thirtieth lines of said Section as follows: A regular term of Court and inserting in lieu thereof the words the term of Court to which the principal in said bond was required to appear. Also the word Mayor's in the thirty-fourth line of said Section be stricken and the word Recorder's be inserted. Clauses amending Section 28 of Act approved Aug. 24, 1905. SEC. 5. Be it enacted, That Section 29 of said Act be repealed and in lieu thereof the following be enacted: That any person being dissatisfied with any judgment, fine and sentence by the Recorder's Court may carry the same by certiorari to the Superior Court under the same rules as now provided by law to carry a case by certiorari from a Justice Court; provided, that any person carrying a case up by certiorari from any fine or sentence imposed, he shall give such appearance bond not exceeding one hundred dollars to answer the final judgment of the Court, to be approved by the Recorder, and the bond to be assessed by the Recorder. Any one carrying a case up to review a money judgment the party carrying it up shall give a bond for the eventual condemnation money and to be approved by the recorder. Certiorari from Recorder's Court. SEC. 6. Be it further enacted, That Section 34 of said Act be amended by striking out the word July in the third line of said Section and insert the word May in its stead. Also by striking out the word thirty in the fourth line of said Section and inserting the word sixty in its stead. At the end of said Section the following words shall be added: The returns shall specify the property the person making the returns had on the date that is required by the State and county for returns to be made, for taxes. Tax returns.

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SEC. 7. Be it further enacted, That Section 35 of said Act be repealed, and in lieu thereof the following be enacted: After the taxes have been returned, the Mayor and Council shall inspect the returns. If it shall appear that any property has been returned below its value, or it appears that there is property not returned, the Mayor and Council shall order the parties returning the property below its value, or the owner of any unreturned property to appear before the Mayor and Council for the purpose of assessing the property at its true value for the purpose of taxation. If there is any property where the owner is not known, the owner shall be served by publishing the notice before the court house door of Cherokee County for twenty days before the hearing stating the time and place of the hearing. After the notice given, the Mayor and Council shall assess any property under consideration, and if needed may call and subp[oelig]na witnesses, as to the value of any property. The said Mayor and Council may assess the value of any property from their own knowledge or from information obtained from others either on oath or otherwise. If any person is dissatisfied with the values assessed on any of his or her property, such person, firm or corporation may appeal the same to the Superior Court of Cherokee County, where the same may be tried, as any other appeal is tried. Assessments. SEC. 8. Be it further enacted, That where the word Mayor, or Mayor's Court is referred to in the Act referred to, the same is now amended by striking the same and inserting the word recorder, where the reference is made to the trial of any one who may have violated any of the laws and ordinances of the town of Canton. Recorder's Court. SEC. 9. Be it further enacted, That a new Section be added to said Act, known as Section 43, and shall be as

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follows: The Mayor and Council at their first meeting, or so soon thereafter as possible, shall elect a recorder, who may be the Mayor, any member of the Council or any citizen of the town of Canton, and shall hold his office till removed by the Mayor and Council, or for one year, and till his successor is elected and qualified. He shall have authority to try all of the offenders and violators of the law and ordinances of the town of Canton, that have heretofore been tried by the Mayor. The Mayor and Council shall fix and provide his salary, or his fees. Election of Recorder. Recorder's authority. SEC. 10. Be it further enacted, That Section 44 be added to said Act as follows: When any special taxes may have been assessed by the Mayor and Council as against any person, firm or corporation and against any particular property for improvements to sidewalks, streets, sewer purposes, and water works purposes and when any property may be condemned and taken for public use, and no provision is now made for a hearing before hand, then the property owner against whom the assessment is made may file an illegality to the execution setting up that any portion or all of the amount in the execution is not due, or that the assessment was not legally made, and setting up wherein it was not legally made, and that the execution is otherwise proceeding against him illegally, and setting out the illegal procedure. When any affidavit of any property owner has been filed with the levying officer as herein provided, he shall return the execution and the affidavit of illegality, to the next term of the Superior Court where the same shall be tried as is now provided for trying illegality to any other execution; provided, that only one affidavit of illegality shall be made to any one execution, and provided, the Judge of Superior Court may dismiss said illegality,

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if the same should not be made on sound legal principles. Illegality to executions. SEC. 11. Be it further enacted, That the Mayor and Council shall elect an assistant recorder who shall try all persons for violating the laws and ordinances of the town of Canton, when the recorder is absent, sick, disqualified, or from any other cause he cannot serve. Approved August 14, 1912. CARROLLTON, CITY OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 398. An Act to amend the Act of November 26, 1886, establishing a system of public schools for the City of Carrollton, etc., and the several Acts amendatory thereof, so as to provide for the election of the School Commissioners thereof by the people, and to provide that the rate of taxation for school purposes in said city shall not exceed fifty-five one-hundredths of one per centum per annum, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section 5 of the Act of November 26, 1886, establishing a system of public schools for the City of Carrollton, in the County of Carroll, as amended by the Act of November 5, 1889, be, and the same is, hereby repealed, and in lieu thereof the

Page 713

following inserted: That an election shall be held in said city every two years at the same time, in the same manner and by the same persons as elections for Mayor and Councilmen of said city are held, to fill the office of those members of said board whose terms then expire. No one shall be eligible to the office of school commissioner who is not a qualified voter of said city. Carrollton, public schools, election of members of board. Ellegibility of School Commissioner. SEC. 2. Be it further enacted by the authority aforesaid, That Section 7 of the above recited Act as amended by the Act approved December 13, 1895, be, and the same is, hereby repealed, and the following inserted in lieu thereof: That said board of school commissioners shall determine as early as practicable after the beginning of each scholastic year the amount of money it will be necessary to raise by taxation to defray the expenses of running said public schools for the ensuing scholastic year, and shall lay the same before the Mayor and City Council of said city, and it shall be the duty of said Mayor and City Council to proceed to levy and collect the same as other taxes are collected. Provided, that the rate of taxation under this Act shall not exceed fifty-five one-hundredths of one per centum per annum; and when collected the collecting officer of said Mayor and City Council shall pay the same over to the treasurer of said board of school commissioners, which shall then constitute a fund to be expended by said board in the payment of all legitimate expenses in running said schools, and other legal claims. School tax. 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 7, 1912.

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CARTERSVILLE, CITY OF, CHARTER AMENDED. No. 313. An Act to amend the charter of the City of Cartersville, so as to create a board of education to administer the public school system of said city; to provide for their election; to fix their term of office and how vacancies shall be filled, and to prescribe their rights, powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, the municipal authorities concurring, That a board of education is hereby created for the City of Cartersville. Said board of education shall consist of three members, to be elected by the Board of Commissioners of said city as hereinafter provided. No one shall be eligible to be a member of said board of education who is not, at the time of his election, a resident of said city and at least twenty-five years of age. Cartersville, City of, Board of Education. SEC. 2. Be it further enacted, That said members shall be elected for a term of three years, or until their successors are elected and qualified; provided, that the first election under this Act shall be held immediately after the passage of this Act, and at such election one member shall be chosen to serve until the first Monday in June, 1913; one member shall be chosen to serve until the first Monday in June, 1914; and one member shall be chosen to serve until the first Monday in June, 1915; and the annual election by said Board of Commissioners for the purpose of filling vacancies as they occur, shall be held at the regular meeting held during

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the week preceding the expiration of the term of each member, and the term of office of the member so elected shall begin on the first Monday in June thereafter. Provided, that in the event the election herein provided for is not held at the time named, that said Board of Commissioners may, at any regular meeting thereafter, hold said election. Election and terms of members of Board. SEC. 3. Be it further enacted, That the members of said board of education shall devote such time and attention to the duties of their office as the efficient performance thereof may require, and their service shall be without compensation, and before entering upon the discharge of the duties of said office shall take and subscribe the following oath: I (A. B.) do solemnly swear that I will faithfully discharge the duties devolving upon me as a member of the board of education of the City of Cartersville, to the best of my skill and ability, and in accordance with what shall to me appear for the best interest of the community and the cause of education, and without fear, favor, affection, reward or hope thereof, so help me God. A majority of said board shall constitute a quorum thereof. Duties of Board. Oath. SEC. 4. Be it further enacted, That said board of education shall have the power to fix upon its times for meetings, making such rules for its own government as it may deem proper, and shall elect a president, a vice-president, and a secretary of the board. Meetings and rules for government. SEC. 5. Be it further enacted, That said board of education is hereby vested with the authority to take over and administer the existing public school system of the City of Cartersville immediately upon its election, and shall have and possess the power to modify and change such system from time to time in order to make it conform to educational

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needs and progress; the right and power to prescribe the plan of instruction and organization of the public schools; the exclusive power to employ superintendents, principals, teachers, janitors and other persons necessary for the execution of its purposes from the date of its election, and fix the salaries and compensation within such limits as the Board of Commissioners may by ordinance prescribe; and said board of education shall also have the exclusive power to prescribe the location of schools and the mode of furnishing, hygienic arrangement, repairing, cleaning, lighting and heating of all public school buildings; said board of education shall have the power to provide examinations and make such other suitable regulations governing the efficiency of the superintendents and teachers in scholarship, power to impart information and ability to command discipline; shall have the power to suspend or remove such superintendents and teachers whenever in their discretion such action is to the best interest of said schools, and their action in so doing shall be conclusive and final in all cases. Authority and powers of Board. SEC. 6. Be it further enacted, That said board of education shall, on or before the day fixed by the Board of Commissioners of said city each year, prepare and submit to the Board of Commissioners, for approval and adoption, an estimate of the amount of money which will be required for the maintenance of the public schools for the succeeding year, which estimate shall set forth the various items of expense as accurately as possible, the salaries attached to the various positions being set forth in detail; and it shall be the duty of the Board of Commissioners, upon its approval and adoption, in their annual levy of taxes, to make such levy as, in their judgment, shall be necessary and advisable to meet the expenditures contemplated in such estimate;

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and the amount so levied, together with all funds received by the city from the State and county school tax funds and from all other sources for school purposes, shall be collected and carried to the credit of public schools and shall not be diverted from said board of education, or used by the board of commissioners for any other purpose, but the same shall remain as a separate fund in the hands of the treasurer of the city. In case of a deficit in the school fund for any year, the Board of Commissioners may, by ordinance, supply the same by a supplemental appropriation from the general fund. School tax. SEC. 7. Be it further enacted, That the board of education shall each month submit to the Board of Commissioners a monthly pay-roll, approved by the superintendent, and the city clerk shall thereupon issue warrants to the employees of the public schools for the respective salaries set opposite their names on such pay-roll, drawn on the public school fund in the hands of the treasurer of the city, approved by the Commissioner in charge of the department of schools, or some other properly designated Commissioner, and countersigned by the Mayor, as in the case of the city warrants, and the said city clerk shall also issue warrants for such other incidental expenses of the schools as may have been included in the estimate approved in form as other warrants. School employees, how paid. SEC. 8. Be it further enacted, That any member of said board of education may be removed from office for incompetency, inefficiency, neglect of duty, or misconduct in office, or for behavior unbecoming a member of the board of education, by a vote of two-thirds of all members of the Board of Commissioners of such city upon a specification of charges submitted and sustained by proof. Any vacancy

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in the board of education occasioned by death, resignation, removal out of the city, or otherwise, shall be filled for the unexpired term by the Board of Commissioners at any regular or specially called meeting for such purpose after the vacancy occurs. Removal from Board. Vacancies, how filled. SEC. 9. Be it further enacted, That all meetings of the board of education at which any teacher or teachers are to be elected, and all other meetings not called for the purpose of discussing and considering the character of teachers or the other officials connected with the school system, shall be held with open doors, and any person interested in the proceedings shall have the right to be present. Open meetings. SEC. 10. Be it further enacted, That the board of education shall designate from their number one whose duty it shall be to attend the regular meetings of the Board of Commissioners, for the purpose of giving such information relating to school matters as the Board of Commissioners may require, and to communicate such recommendations as the board of education may submit, and the member so designated shall have a seat in said meeting and shall be entitled to take part in its proceedings and deliberations on all questions relating to matters under the charge of the board of education, subject to such rules as the Board of Commissioners shall, from time to time prescribe, but without the right to vote. Designated member of Board to attend Commissioners' meetings. SEC. 11. Be it further enacted, That all Acts of the General Assembly heretofore enacted, providing for the payment to the City of Cartersville its pro rata portion of the public school fund, shall be and remain in force. Public school fund.

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SEC. 12. 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 19, 1912. CAVE SPRING, VILLAGE OF, CHARTER AMENDED. No. 343. An Act to amend an Act entitled An Act to amend and reduce into one of the several Acts and amendments thereto, incorporating the village of Cave Spring, in the County of Floyd, approved December 14, 1871, as amended by various Acts thereafter, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to amend and reduce into one the several Acts and amendments thereto, incorporating the village of Cave Spring, in the County of Floyd, approved December 14th, 1871, as amended by an Act approved February 17, 1876, entitled An Act to amend an Act entitled an Act to amend and reduce into one of the several Acts and amendments thereto incorporating the village of Cave Spring, in the County of Floyd, approved December 14, 1871, and as further amended by an Act approved December 17, 1892, entitled An Act to amend the several Acts incorporating the village of Cave Spring in the County of Floyd, to define the duties and powers of the Mayor, Councilmen, marshal and recorder, to

Page 720

regulate the salaries of such officers, and for other purposes, the said Act approved February 17th, 1876, amends the several Acts incorporating the village of Cave Spring and amendments thereto by adopting all of the general incorporating Act approved August 26, 1872, except Sections 2, 3, 4, and 5 thereof, be, and the same is, hereby amended by striking from Section thirteen (13), line thirty-three (33) thereof, as amended by the said Act approved December 17, 1892, the word three and inserting in lieu thereof the word five, so as to provide that the salary of the marshal of the village of Cave Spring shall not exceed five hundred dollars per annum. Cave Spring, village of, marshal's salary. SEC. 2. Be it further enacted, That said Act, as amended as aforesaid, be amended by striking from Section 20, beginning in line three (3) thereof, the words which shall not be increased or diminished during their term of office, so that said Section, as amended, will read as follows: That the Mayor, recorder and marshal of the town or village shall each receive such compensation for their service as may be fixed by the council, provided the said compensation shall not be in excess of that prescribed in the amendment to Section 13. Compensation of officers. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1912.

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CEDARTOWN, CITY OF, CHARTER AMENDED. No. 376. An Act to alter and amend the charter of the City of Cedar-town, in Polk County, as incorporated by the Act of the General Assembly of Georgia, approved December 13, 1898, so as to abolish the right of appeal from the Mayor's or Recorder's Court to the Mayor and Council, 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 29 of the charter of the City of Cedartown, as incorporated in the Acts of the General Assembly of Georgia incorporating said city, approved December 13, 1898, be, and the same is, hereby altered and amended by striking from Section 29 of said charter the following words: There shall be an appeal within four days to the Mayor and Council of said city after judgment is entered, the defendant paying all cost and giving bond in such sum as the Mayor may fix for his personal appearance, and to abide the final judgment in said case, so that said Section, as amended, will read as follows: Be it further enacted, That there shall be a Court for the trial of all offenders against the laws and ordinances of the city, to be held by the Mayor, and in his absence or disqualification by the Mayor pro tem. Said Court shall have the power to preserve order and compel the attendance of witnesses, to punish for contempt by imprisonment, not exceeding five days, or fine not exceeding $25.00, one or both; that the Mayor, or in his absence the Mayor pro tem., shall as often as may be necessary hold a police Court

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to be known as the Mayor's Court, for the trial of all offenders against the laws and ordinances of said City of Cedartown. Said Mayor's Court shall have full power and authority, upon conviction, to sentence such offenders to labor upon the streets or public works for a period not to exceed sixty days, or to impose a fine not to exceed $100.00, or to confine in the city prison not to exceed fifty days, either or one or all of said penalties may be imposed in the discretion of the Court. Cedartown, City of, Mayor's Court, powers of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 5, 1912. CHARING, TOWN OF, INCORPORATED. No. 575. An Act to incorporate the town of Charing, in the County of Taylor, State of Georgia, to provide for a Mayor and Council, prescribe their powers and duties; to define the corporate limits, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, the town of Charing, in the County of Taylor, be, and the same is, hereby incorporated as a town under the name of Charing. Charing, town of, incorporated.

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SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Charing shall be as follows: All of lots of land numbers sixty-nine (69), seventy (70), and sixty (60), also a strip of land one hundred (100) yards wide, on the north side of the A., B. A. Railway on the west side of lot of land number ninety-two (92), in the Twelfth District of Taylor County. Corporate limits. 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 corporated by the name of the town of Charing, 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 order, government and welfare of said town, and by said name shall have perpetual succession. Mayor and Councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Saturday in January, 1913, and every year thereafter, shall be held in said town an election for Mayor and Councilmen, who shall hold office for one year and until their successors are elected and qualified. The following named persons, to-wit: R. O. Rogers, Mayor; H. W. Davis, A. J. Gill, H. H. Rogers, W. D. Gill, and S. Garrett, Councilmen. Said election to be under the supervision, rules and regulations (not inconsistent with the laws regulating county elections) as the Council may prescribe. Election of Mayor and Councilmen. First Mayor and Councilmen. SEC. 5. Be it further enacted, That the Mayor and Councilmen and such officers of said town as hereinafter provided for, shall after election or appointment to his office and before he shall enter upon his duties thereof, take and subscribe the following oath: I do solemnly swear

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or affirm that I will faithfully discharge all duties incumbent upon me as Mayor or Councilmen or other officer of the town of Charing, according to the best of my ability, so help me God. Said oath with the certificate of the officer administering the same shall be filed with the officer entrusted with the records of the town. Oath of Mayor and Councilmen. SEC. 7. Be it further enacted, That the Mayor and Councilmen shall have the 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 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. Power, to elect officers. SEC. 8. 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 citizen 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; to abate or cause to be abated anything which in the opinion of the majority of the whole Council shall be a nuisance; to protect the property and persons 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 exceed five cents on one hundred dollars worth of property; to adopt rules for the regulation and government of its own body. General powers. The Council shall have power to make and pass all needful orders, ordinances and by-laws not contrary to the

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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 twenty days. SEC. 9. Be it further enacted, That the said town have the power and right to organize work gangs and to confine at labor therein for a term not exceeding twenty days, persons for violating the ordinances of said town; provided, that said penalty shall be inflicted as an alternative for failure or refusal to pay the fine imposed for such violations. Work gangs. SEC. 10. Be it further enacted, That the Mayor of said town shall have authority to issue warrants, to bind over or commit to jail offenders against the criminal laws of Georgia, whenever in the course of investigation before him a proper case therefor shall be made out by evidence. Warrants and commitments. SEC. 11. Be it further enacted, That the Mayor and Councilmen shall have power to elect a Mayor pro tem., who shall perform all duties of the Mayor who, from any cause 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. Vacancies, how filled. SEC. 12. Be it further enacted, That the Mayor of said town shall be 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 to do so; he shall have power to issue executions for all fines, penalties and costs imposed

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by him, or he may require the immediate payment thereof; and in default thereof of such immediate payment he may imprison the defendant as hereinbefore provided. Mayor's duties and powers. SEC. 13. Be it further enacted, That no one shall be eligible to fill the Mayor's office of the town of Charing any longer than two terms at a time. There must be at least one term intervening. Eligibility of Mayor. 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 19, 1912. CHAUNCEY, TOWN OF, INCORPORATED. No. 426. An Act to incorporate the town of Chauncey, in the County of Dodge; to define the limits thereof, to provide for the election of a Mayor and Councilmen therefor, and for their successors; to grant power and privileges to the same; to provide for the working of sidewalks and streets in said town; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health whenever in the judgment of Mayor and Council of said town said action may be advisable; to declare and define police powers of said town; to provide for the condemnation of private, public or semi-public property for the use of said town, and to define the method of arriving at the value of such property

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and compensating the owner therefor; to authorize the town of Chauncey to establish a system of waterworks and a system of electric lights under such restrictions as are provided for by the State law, whenever in the judgment of the Mayor and Councilmen of said town such course may be deemed advisable, and to issue bonds for any one or all of the purposes under such restrictions as are provided for by the State law; to provide for the taxation and granting license to all kinds of business, trades, callings, professions, and the forfeiture of the same; to provide for the prevention of the delivery and receiving of intoxicating liquors and whiskies within the incorporate limits of said town; to provide for seizure and disposition of said intoxicants; to provide for the fixing of the fiscal year; and to grant a charter to said town under the corporate name of the town of Chauncey; and to provide a system of public schools for said town, whenever in the judgment of the Mayor and Council of said town said action may be advisable; to provide for a levy of taxes to meet the expenses of said town and school system; to provide for the assumption of all present liabilities and acquisition of all assets of said town as at present incorporated, 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 Chauncey in the County of Dodge, be, and the same is, hereby incorporated as a town, under the name of the town of Chauncey. Chauncey, town of, incorporated. SEC. 2. CORPORATE LIMITS. Be it further enacted, That the corporate limits of said town shall be as follows: Three-fourths of one mile in all directions from the depot of the

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Southern Railway Company in said town, making said corporate limits a circle one and one-half miles in diameter, with said depot in the center thereof. Provided, that said corporate limits shall not extend beyond the northeastern bank of the main channel of Sugar Creek. Corporate limits. SEC. 3. OFFICERS. Be it further enacted, That the present Mayor, J. F. Morris, and four aldermen, to-wit: B. M. Bussey, O. F. Collum, T. B. Smith and M. Williams, of said town of Chauncey, shall be Mayor and Councilmen respectively, of said town under this charter until the first day of January, 1913, and until the Mayor and five Councilmen provided for in this charter are elected and qualified. That the clerk and treasurer now in office shall also be and is hereby made clerk and treasurer of said town under this charter, until his successor is elected and qualified. That the present officials of said town shall have and exercise all the rights, powers and authority conferred by this charter, until their successors, as provided in this charter, are elected and qualified. First Mayor and Councilmen. SEC. 4. MAYOR AND COUNCILMEN. Be it further enacted, That the corporate powers of said town shall be vested in a Mayor and five Councilmen, and by the name of Mayor and Council of the town of Chauncey they may sue and be sued, plead and be impleaded, have a seal and exercise all corporate powers that may be necessary in the performing of their duties. Mayor and Councilmen. SEC. 5. MAYOR AND COUNCILHOW ELECTED. Be it further enacted, That after the passage of this Act, an election shall be held in said town for the election of a Mayor and five (5) Councilmen, on the second Wednesday in December, 1912; and on the second Wednesday in each succeeding

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December thereafter there shall be held an election in said town to elect a Mayor and five (5) Councilmen thereof. If any such election should not be held at the time herein designated the same shall thereafter be ordered held by the Mayor and Council of said town after giving twenty days' notice in writing of the time and place of holding said election by posting the same at one or more public places in said town. That the Mayor and Council first elected under this charter shall take office on the first day of January, 1913. Mayor and Councilmen, how elected. SEC. 6. ELECTIONS. Be it further enacted, That the term of office of said Mayor and Councilmen shall be one year from January 1st of each and every year until their successors are elected and qualified. That they shall be ineligible to hold any other office or position under said town except tax assessor, and they shall not contract directly or indirectly with said town or any department thereof. No one shall be eligible to hold office of Mayor and Councilmen 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 officers in this State, and certificate of managers shall be sufficient authority to the persons elected to enter into the discharge of the duties of the office to which they have been elected. In the event that the office of Mayor or any member of the Board of Councilmen shall become vacant by death, resignation or removal or other cause, the Mayor, or in case his seat is vacant, the majority of the Councilmen, shall order a new election, notice of which shall be given at least twenty days before said election is held, the same to be conducted as provided in this Act. That the Mayor and Council shall provide for the registration of the voters of said town prior to each annual election or special elections.

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that may be held in said town, and all persons who have been residents of said State twelve months and residents of said town six months next preceding the day of holding such election, and who are qualified under the laws of the State to vote for members of the General Assembly, shall be entitled to register and vote in any election held in said town, and the registration books shall remain open at the place of business of the clerk and treasurer of said town not less than ten days and shall close five days before an election. The Mayor and Councilmen shall have the right to purge said books of all persons not eligible to vote. Said registration books shall be open at all times for the inspection of any citizen. Elections. SEC. 7. SALARIES. Be it further enacted, That the Mayor and Council at the first meeting in November of each and every year shall fix the salary of Mayor, the Councilmen, clerk treasurer, marshal, and other officials of said town for the ensuing year. Provided, that should the said Mayor and Council at their meeting in November fail to fix the salaries as herein provided for, then the salaries for said officers for the ensuing year shall remain the same as the salaries fixed by the last Council for the present year. The salary of Mayor, Councilmen, clerk and treasurer shall not be changed during their respective terms of office. But if necessary the Mayor and Council shall have the right at any time to increase or decrease the salary of the marshal, if he be paid a salary, and shall have the right at any time and without notice to discharge any marshal or policeman and to hire another marshal or policeman. Salaries of officers. SEC. 8. OATH OF MAYOR AND COUNCILMEN. Be it further enacted, That before entering on the discharge of their duties the Mayor and Councilmen shall subscribe to an oath

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to faithfully discharge such duties as shall devolve upon them as officials of the town of Chauncey. The following oath shall be administered, to, taken and subscribed by the Mayor and Councilmen, before some officer authorized by the laws of Georgia to administer oaths, 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 Chauncey for the ensuing year, and that I will faithfully enforce the charter and ordinances of said town to the best of my ability, without fear or favor, so help me God. Should the Mayor or any Councilman be absent when the officers qualify, he or they may take the oath of office as soon as possible thereafter. Said oaths shall be entered upon the minutes of said town. Oath of Mayor and Councilmen. SEC. 9. QUORUM OF COUNCIL, ETC. Be it further enacted, That the Mayor, Mayor pro tem., and three Councilmen or four Councilmen (who may elect one of their number to preside), shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day. Provided, however, that when there are no more than four members present it shall require at least three affirmative votes to pass any resolution or ordinance; but a quorum, as above provided, shall be sufficient to try any and all cases pending before said Council or appeal from the police or Mayor's Court, and in all such cases a decision vote of the majority of the members present shall be sufficient to find a judgment either for or against the defendant. Said Mayor and Council shall hold their meetings within the limits of said town, and at such times and places as they see proper. That at the first meeting of the Mayor and Council after each election the

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said Councilmen shall elect a clerk and treasurer, who shall not be the Mayor or any Councilman. Quorum, etc. SEC. 10. MUNICIPAL OFFICERS. Be it further enacted, That said Mayor and Council shall have power and authority to elect a clerk and treasurer, which offices are hereby combined; the town marshal, who shall be the chief of police of the town, and as many policemen as in their judgment may be necessary, street overseer, attorney, town physician and such other officers as the necessities of the town may demand; they may by ordinance prescribe the term of office and the duties of such officers and fix their salaries. Municipal officers. SEC. 11. COMMITTEES OF COUNCIL. Be it further enacted, That at the first meeting in January after the election of Mayor and Councilmen, the Mayor shall appoint by order a street committee, a finance committee, an ordinance committee, light committeee, a public building committee, and such other committees as the Mayor may deem necessary for the proper administration of the affairs of said town. Committees of Council. SEC. 12. LEGISLATIVE POWERS. Be it further enacted, That said Mayor and Council shall have power to pass all such ordinances, by-laws, rules and regulations as may in their discretion be necessary to enforce all of the laws of the State of Georgia applicable to municipal corporations, and which laws in so far as they are not in conflict with this Act are made a part hereof, and to provide penalties for their violation. The Mayor shall have the right to vote in case of a tie only. Legislative powers. SEC. 13. ADMINISTRATIVE POWERS. Be it further enacted, That they shall have power and authority to lay off,

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open, close, alter, vacate, curb, pave, and keep in good order and repair all streets, alleys, sidewalks, 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 kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean by the owners and occupants thereof, or the owners or occupants of the real property next adjoining thereto; to establish and regulate the markets; to prescribe the time of holding same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle or other animals or fowls of all kinds from going at large in said town; to protect places of Divine worship, in and about the premises; to abate or cause to be abated anything which in the opinion of the Mayor and Council shall be a nuisance; to regulate the keeping of dynamite and other combustibles; to abate or cause to be abated nuisances in form of lewd or bawdy houses or houses suspected of being such, and places keeping or suspected of keeping for unlawful sale any liquors, wines, beers or other intoxicating alcoholic drink by whatever name or names the same may be called; to provide in or near said town places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures and for the making of division fences by the owner of adjacent premises, and a drainage of lots by proper drains and ditches, to make regulations against danger by fire and to provide limits in which no wooden buildings shall be erected; to protect the property and persons of the citizens of said town, to preserve peace and order therein; and for this purpose the said Mayor or Mayor pro tem. shall appoint, when necessary, a police

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force to assist the marshal or chief of police in the discharge of such duties; to prescribe the powers and define the duties of all officers appointed or elected by the Mayor and Council, and to fix their terms of office and compensation, require and take from them bonds, when necessary, payable to the town of Chauncey in its corporate name, with such security and with such penalty as the Mayor and Council may see fit, conditioned for the faithful discharge of their duty; to direct or authorize or prohibit the erection of water-works, gas works, electric lights of said town; to prevent injury to or pollution of same or to the same or to the water or healthfulness of said town; to make such rules and regulations as they may deem proper regulating the running of locomotives or cars whether run by steam, electricity or other power; to enact ordinances preventing the delivery within the incorporate limits of said town of wine, beer, whiskey, or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons directly or indirectly, and to enact ordinances providing for penalty for so doing. Said town is further authorized and empowered to enact ordinances to provide for the seizure and forfeiture to town of such intoxicants within the incorporate limits of said town, and for the disposition of same by sale or otherwise, in the hands of any corporation, company or person whatever. Said town is further authorized and empowered in the exercise of its police powers to provide for and enact any ordinance looking to the regulation, restriction, suppression or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said town; provided, however, that the provisions of this Act shall be held and construed to apply to domestic commerce and interstate shipments as distinguished from shipments from beyond State and interstate commerce; to regulate and provide for the weighing of cotton, corn, hay, coal and other

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articles sold, or for sale, in said town, and to provide a revenue for said town, and to appropriate same for expenses of said town; to pass all laws, ordinances and regulations for the protection of the inhabitants of said town against small-pox and other contagious or infectious diseases, or for the care of those who may have such diseases or suspected of having them. General administrative powers. SEC. 14. PROHIBITION. Be it further enacted, That it shall not be lawful for any person, firm, company or corporation to manufacture, keep for illegal 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 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 manufactured, or stored for sale or other use contrary to the provisions of this Section, and to seize the same and 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.

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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 manufacturing or selling the same, and to otherwise punish such offenders as may be prescribed by ordinance. Prohibition. SEC. 15. BILLS, How AUDITED. Be it further enacted, That all bills for supplies, for work done, for services rendered, or all other claims or demands of whatever kind and character against the said town, shall be filed with the clerk and treasurer and by him referred to the chairman of the committee that incurred the expense, or having in charge that particular branch of the business of the town. That no funds shall be paid out of the town treasury except the bill, account, or other claim, as the case may be, being first approved by the chairman of the committee having charge of that particular department, and after said approval the treasurer of said town shall pay said bill upon the warrant of the clerk, countersigned by the Mayor, or Mayor pro tem. if the Mayor be absent or disqualified, and not otherwise. Bills, how audited. SEC. 16. POLICE POWERS, PENALTIES PRESCRIBED BY ORDINANCES. Be it further enacted, That the said Mayor and Council shall have the power to prohibit, by ordinance, the keeping for unlawful sale any amount of whiskey, beer, or intoxicating drinks, by whatever name or names the same may be called; the keeping or maintaining of lewd women, or lewd houses, the keeping of any room or rooms for gambling, the having of any whiskey, beer, or other intoxicating drink for the purpose of sale or giving away on election

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days; the pursuing of one's ordinary avocation on the Sabbath; from loitering loitering or idling within the jurisdiction of said town. Police court of said town shall have jurisdiction to try persons for the commission of any of said offenses committed within the limits of said town, and upon conviction punish offenders as hereinafter provided. The said Mayor and Council shall furthermore have full authority to punish by fine, imprisonment in guard house or at labor upon the streets or other public works in said town. Keeping for unlawful sale of whiskey, beer, etc., forbidden. Penalties. SEC. 17. POLICE COURT. Be it further enacted, That there shall be in the town of Chauncey a Court known as the Police Court of the town of Chauncey. Jurisdiction of said Court shall extend to all offenders herein provided for, and all other of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said town. Said Police Court shall be held by the Mayor, and in his absence, disqualification or illness by the Mayor pro tem., at such times and places in the said town as in his judgment may be necessary. Said Police Court, upon conviction of any person or persons, may punish offenders by a fine of not more than one hundred dollars, by confinement in the guard house or chain-gang of said town for a term of not more than sixty days, either or all, in the discretion of said Police Court; that it shall not be necessary in the officers of said town in making arrests for an affidavit to be made or warrant to be issued to authorize any arrest for violations of the ordinances of said town. Police Court. SEC. 18. PRACTICE IN POLICE COURT. Be it further enacted, That all trials in the police court of said town shall be held under such rules and regulations as the Mayor and Council may adopt. Practice in Police Court.

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SEC. 19. PUNITIVE POWERS, ETC., of Police Court, contempts, etc. Be it further enacted, That the said Police Court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise; to issue summons for witnesses, books, papers in as full and complete manner as the Courts in this State may now do; to punish as for contempt failure to obey its legal summons; to grant continuances under rules of law, to take bonds and recognizances for appearance at its session, and to forfeit the same under rules and regulations as are now applicable in like procedure in Superior Courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a Court; provided, that no fine for contempt shall exceed the sum of ten ($10.00) dollars or imprisonment in the guard house for more than five days. Contempts, etc. SEC. 20. CERTIORARI AND APPEAL. Be it further enacted, That any person convicted in the police court of said town for violation of any of the ordinances or by-laws thereof, shall have right of certiorari to the Superior Court of Dodge County, or he may have the right to appeal to the Mayor and Council of said town, if the Mayor and Council shall see fit by ordinance to provide for such appeal, otherwise, certiorari, as aforesaid, shall be the only remedy. Certiorari and appeal. SEC. 21. MAYOR AND MAYOR PRO TEM. EXOFFICIO JUSTICES OF THE PEACE. Be it further enacted, That the Mayor and Mayor pro tem. of said town shall have, in addition to their jurisdiction as municipal officers, the jurisdiction of Justice of the Peace over all the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of said town's police jurisdiction,

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it shall be the duty of the Mayor and Mayor pro tem., as the case may be, after investigation, to commit the offender or offenders to jail, or bail, to answer to the Court having jurisdiction of the offense. Commitments and appearance bonds. SEC. 22. FUGITIVES FROM JUSTICE. Be it further enacted, That should any person violating any of the ordinances of said town flee from the jurisdiction thereof, he may be apprehended wherever he may be found in this State, and the warrant of the Mayor or Mayor pro tem. of said town shall be sufficient authority for his return and trial upon the charge resting, and all persons escaping from custody of said town may be tried again for such escape and punished not exceeding penalties hereinbefore provided. Fugitives from justice. SEC. 23. AD VALOREM TAX. Be it further enacted, That for the purpose of raising revenue to defray the ordinary expense incident to the proper support and maintenance of town government, that said Mayor and Council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said town, and which is not exempt by State law, not to exceed one-half of one per cent., but when that amount is deemed insufficient, said Mayor and Council shall have power and authority to levy an additional tax in the mode and manner prescribed by the Constitution and the laws of the State of Georgia. Ad valorem tax. SEC. 24. TAX ASSESSORS. Be it further enacted, That the Mayor and Council of the town of Chauncey shall elect, at their first or second meeting in each calendar year, three upright, discreet and intelligent persons, who shall be free-holders and residents of said town, as tax assessors, who

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shall hold their office one year, or until their successors are elected and qualified. Said tax assessors may be elected from among the members of the town council, or from among other persons, and should any vacancy occur in said board of assessors, by death, resignation, removal, or refusal to serve, such vacancy shall be immediately filled by said Mayor and Council. Said Mayor and Council shall be exclusive judges of the necessity of declaring a vacancy in said board of assessors. Before entering upon the duty of the office of assessors, each assessor shall take and subscribe the following: I do solemnly swear that I will faithfully perform the duties of tax assessor of the town of Chauncy, and will make a true and just valuation of all property therein subject to taxation, according to fair market value, so help me God. Said oath shall be entered upon the minutes of said town. Tax assessors. Oath. SEC. 25. NOTICE TO PROPERTY OWNERS OF ASSESSMENT. Be it further enacted, That immediately after the report of said assessors is filed with the town clerk, it shall be his duty to mail a written or printed notice to each and every person the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the action of the assessors and specifying the property the valuation of which has been increased. Notice to property owners of assessment. SEC. 26. APPEALS FROM ASSESSMENTS. Be it further enacted, That the tax assessors may hear, during the progress of their investigation such evidence as to the value of property in said town as they may deem advisable. If any person is dissatisfied with the valuation of his or her property as fixed by the assessors, he shall have the right to appeal to the Mayor and Council. Said appeal shall be entered within four days from the date upon which the written

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or printed notice hereafter provided for has been mailed by the Clerk of said town. Said appeal shall be substantially as follows, to-wit: The undersigned being dissatisfied with the action of the town assessors with reference to the valuation of his (or her) property subject to taxation in said town, comes within ten days from the date on which notice of action of said assessors was mailed to him and demands an investigation of the value of said property by the Mayor and Council of said town. (Signature) . Upon the filing of said appeal with the clerk of said town, it shall be the duty of the Mayor to fix a day upon which said hearing will be had and give the appellant five days' notice in writing of said hearing; notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing the Mayor and Council shall hear all legal and competent testimony and enter judgment accordingly. The appeal hereinbefore provided for shall be signed by the tax payer, his agent or attorney at law. Appeal from assessments. SEC. 27. AGRICULTURAL LANDS. That all lands within the corporate limits of said town, covered by this charter, which are used strictly for agricultural purposes, shall be returned for taxes as farming lands, and assessed as such, and when lands are cut up in building lots or mapped out for town lots, the same shall be returned and taxed as other town property. Agricultural lands, how taxed. SEC. 28. STREET TAX. Be it further enacted, That every male person between the ages of sixteen and fifty years, who has resided in said town thirty days, shall be liable and subject to work on the streets of said town, not to exceed fifteen days in each year, at such time or times as the Mayor and Council may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars in any one year, as

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said Mayor and Council may determine. Should any person liable to work the streets under this Section fail or refuse to do so, or to pay the said tax assessed in lieu thereof, having received three days' written notice served upon him in person or by leaving at his most notorious place of abode notice to do so, shall be 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, not less than the amount of the street tax so assessed, or by imprisonment in the guard house, or by labor in the chaingang of said town, not exceeding thirty days. Said Mayor and Council may pass such ordinances as they may deem proper for the enforcing of this Section. Street tax. SEC. 29. STREET IMPROVEMENTS, ASSESSMENTS FOR. Be it further enacted, That the Mayor and Council of said town shall have power and authority to grade, pave, macadamize, cover or otherwise improve the streets and sidewalks, squares, public roads, lanes or alleys in said town with rock, brick, asphalt, or such other material as in the judgment of the Mayor and Council is most economical and durable. In order to carry into effect the above, said Mayor and Council shall have the power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary, of the real estate abutting on such a street or sidewalks. Said Mayor and Council shall have power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing said drains, crossing or otherwise improving the roadway or street proper, and the real estate abutting on one side of the street improved, and one-third on the real estate on the other side of the street so improved. The real estate abutting on the street shall not pay more than two-thirds of the

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entire cost, in the discretion of the Mayor and Council, and any street railroad company or other railroad having tracks running through or across the streets of said town, shall be required to pave or macadamize or otherwise improve streets in such proportions as the Mayor and Council may prescribe. Said Mayor and Council shall have full power and authority to equalize by an ordinance passed for that purpose, the assessments against all real estate for the above purposes as to them seem just and proper, estimating the total cost of each improvement made and pro-rating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved, or according to the area of said property, either or all, as may be determined by ordinance passed for that purpose. The amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessments. The Mayor and Council shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the town clerk against the real estate improved and assessed for the amount assessed against the owner at the date of the ordinance making such assessments, which execution may be levied by the marshal or any policeman of the said town on such real estate, and after advertising and other proceedings, as in the case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal or policeman acting for him, shall have authority to eject occupants and put purchasers in possession; provided, the owner of such real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount

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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 Dodge County and there tried and the issue determined as in cases of illegality filed for the purpose of delay only. The Mayor and Council shall have the power and authority to pave the whole surface of the streets, without giving any railroad or street railroad company or other property holder occupant of the street the option of having the space to be paved by themselves or by contract at his or her instance, the object being to prevent delay and secure uniformity. The lien for assessments on abutting, and on street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank and priority of payments next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the work in each instance. Said Mayor and Council shall have power and authority to prescribe by ordinance such other rules as they in their discretion think necessary to grade, pave, drain, macadamize, or curb the streets, sidewalks, and alleys of said town, and to collect the cost thereof by execution against the adjacent property owner and railroad companies or other occupants of the streets or alleys of said town. Assessments for street improvements. SEC. 30. SPECIFIC TAXES AND LICENSES. Be it further enacted, That the Mayor and Council of said town shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, saloons for the sale of ice cream and other ices, etc., livery stables, and lots, drays, and other vehicles, auctioneers, vendue masters, itinerant traders, theatres and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, waterworks, shows, circuses, exhibitions, theatrical, histrionic operatic performances and other like

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performances of all kinds, whether given in theatres, opera houses, halls or other houses or in tents, itinerant lightning rod dealers, emigrant agents, peddlers of clocks, stoves, machines, or any other article of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public playing, every table, device, or stand or place for the performance of any game or play, whether played with sticks, balls, rings, upon flying horses or contrivance, bicycles, vehicles or skating rinks; insurance agents, life, fire, accident, or other insurance companies, loan agents for any and all kinds of business, real estate agents, banks and bankers, brokers and commission merchants of all kinds, keepers of slaughter houses, beef markets, green grocers, dealers in fresh oysters or fish, vegetables, fruits, breads and other articles of food, contractors and builders, and all machinists or artisans, barber shops, pawnbrokers, and upon all and every other establishment, business, calling, trade or avocation not heretofore mentioned, and which, under, the Constitution and laws of Georgia, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business, trade, profession, or calling in said town, for which a license is required. Should any person engage or continue in any business, trade, profession, or calling for which any specific tax or license is required by said town by ordinance, and shall fail or refuse to pay the same on demand of the proper authority of said town, he shall be liable to prosecution in the Police Court of said town, and may be fined or imprisoned in the discretion of the Court, not to exceed double the amount of the tax for each day's violation of this ordinance. The provisions of this Section shall apply to all persons, natural or artificial. Specific taxes and licenses.

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SEC. 31. REVOCATION OF LICENSE. Be it further enacted, That the town Council shall have the right to revoke at any time without notice and without trial any license that may have been issued by said city prorating and returning the unearned portion of the fee or tax charged. Revocation of license. SEC. 32. FISCAL YEAR. Be it further enacted, That the Mayor and Council of said town shall have power and authority to make and establish by ordinance, a fiscal year from which and to which all license shall date. Should any person apply for license in said town for any business for which license is required, at any time after the fiscal year has begun, the Mayor and Council shall have power and authority to require of such person the same amount as required for license for the whole year; provided, that no change in the same shall operate to the injury of any person who has once paid the amount of license required of him. Fiscal year. SEC. 33. MUNICIPAL IMPROVEMENT BONDS. Be it further enacted, That said Mayor and Council shall have power to issue bonds for the purpose of erecting, maintaining and operating any of the said public utilities in the manner hereinafter provided, whenever said Mayor and Council shall, in the exercise of their authority conferred in this charter, find it necessary to take private property and they cannot agree with the owner or owners thereof as to compensation to be paid, they may take such property upon the following terms: Bonds for municipal improvements. SEC. 34. POWER OF CONDEMNATION. Condemnation Proceedings. Be it further enacted, That said Mayor and Council shall cause to be served on such owner or owners or his or their agents, written notice of their intention to condemn such property, which notice must describe the

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property sought to be used, the time and place, when and where the proceedings to condemn such property will be held, which shall not be less than five days from the date of the service of such notice. Condemnation and condemnation proceedings. SEC. 35. CONDEMNATIONS, Continued. Be it further enacted, It shall be the duty of the Mayor and Council to appoint one freeholder in said town, and the owner or owners of the property sought to be condemned, or his or their agents, shall appoint one freeholder; provided, that said owner or owners, or his or their agents, shall fail or refuse such freeholder, then the Mayor and Council shall appoint a second freeholder, and the freeholders appointed in either of the above ways shall elect a third freeholder, and the three freeholders shall, after taking an oath to faithfully discharge their duties, hear all legal evidence offered by the parties and assess the damage or compensation to be paid to the owner or owners of such land, and render their award, which must be signed by at least two of such freeholders. Said award shall then be filed with the town clerk; should the first two freeholders as above provided for be unable to agree upon a third, then said mayor and council shall likewise appoint the third freeholder. Condemnations, continued. SEC. 36. APPEALS FROM AWARDS OF ASSESSORS. Be it further enacted, That either party dissatisfied with the award of the assessors' may, within four days after the same is filed, enter an appeal to the Superior Court of Dodge County. The Mayor and Council may, after payment to the owner or owners, or his or their agents, of the sum found by the assessors, proceed to appoint, lay off, straighten, or otherwise change said street, ward, alley or lane pending an appeal by the owner or owners, of any land sought to be condemned for such purposes. Appeals from award of assessors.

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SEC. 37. BUILDING PERMITS, CONDEMNATIONS AND NUISANCES. Be it further enacted, That said Mayor and Council shall have the right to exercise supervision over all buildings within the corporate limits of said town, and they shall have the power to prevent the erection of any buildings within said town without the person or persons wishing to build first applying in writing to the Mayor and Council and obtaining a special written permit; said permit shall specify the kind of building to be erected and the kind of material to be used in its construction, and the place where the same shall be erected; this applies to all buildings or structures, or however insignificant the value of the building or structure may be when completed, and whenever in the judgment of the Mayor and Council any building or structure is dangerous to the life or health of the citizens, on proper case made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance and call on the owner or tenant in possession to immediately abate the same; and in the event the owner or tenant in possession fails or refuses to abate such nuisance within a reasonable time, such a time to be determined by the Mayor and Council, then said Mayor and Council may cause the same to be done, and issue execution against said premises for the cost of abating such nuisance. Said Mayor and Council may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same. Building permits, abatement of nuisances, etc. SEC. 38. TAXES, MUNICIPAL CLAIMS, ETC., HOW COLLECTED. Be it further enacted, That the Mayor and Council shall have full power and authority to enforce by execution the collection of any debt or claim due said town for taxes, license, rents, impounding fees, forfeitures for laying

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sewers or drains, for cleaning or repairing privies, for abating nuisances, and for any and all levies, assessments, debts and demands due said town. Said execution to be issued by the clerk of said town and to bear test in the name of the Mayor against the property, person, corporation, or firm against which or from whom any such debt or demand is owing, such execution to be directed to all and singular the marshal, deputy marshal, and policemen of the town of Chauncey, who are authorized to levy the same upon the property against which it is issued, or on the property of the person against whom such execution shall have been issued, and the same shall be sold in the following manner, to-wit: The property levied upon shall be sold by the marshal or his deputy at public outcry, under the laws for Sheriff's sale, to the highest bidder, before the Council chamber, or at such other place as the Mayor may determine, notice of which place shall be stated in the advertisement of the sale of such property. If said property so levied on shall be personal, it shall be advertised by posting notices at two or more public and conspicuous places in said town for ten days before the day of sale, and if the property levied upon shall be real estate, he shall advertise the same once a week for four weeks in public gazette wherein the Sheriff's sales are advertised for the County of Dodge, or in some newspaper published in the town of Chauncey, before selling the same. All sales as above prescribed shall be at public outcry, to the highest bidder, and for cash. Said marshal or deputy marshal making such sales shall execute title to the purchase, and shall have the same power to place the purchaser in possession as Sheriffs of this State have. Taxes, etc., how collected. SEC. 39. CLAIMS AND ILLEGALITIES. Be it further enacted, That when any execution shall be sued and levied as

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provided in the preceding Section, claims or illegalities may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas. for State and county taxes, such claims or illegality to be returned to and heard at the Superior Court of Dodge County. Claims and illegalities. SEC. 40. PUBLIC SCHOOLS. Be it further enacted, That the Mayor and Council of said town may provide by ordinance such rules and regulations as to them may be proper in order to establish and maintain a system of free schools in said town of Chauncey, that all fees, forfeitures, and costs arising from the Police Court of said town to be used for school purposes, or for the improvement of the streets of said town, or other purposes. Public schools. SEC. 41. ELECTIONS FOR SCHOOLS. Be it further enacted, That the Ordinary of Dodge County may order an election in the town of Chauncey, within six months after the approval of this Act, or at any subsequent time upon the petition of one-fourth of the qualified voters of said town, and upon the application of the Mayor and Councilmen of said town in reference to the establishing of a free school system as provided for in the foregoing Section of this Act. All persons voting at said election shall have written or printed on their ballots, For Free Schools, or Against Free Schools, and if the question shall be decided affirmatively by a two thirds majority, this Act shall become operative, and the Mayor and Council shall proceed to establish said schools in accordance with the same. Elections for schools. SEC. 42. DRAINAGE AND SEWERAGE SANITATION. Be it further enacted, That said Mayor and Council shall have power and authority, by ordinance, to provide suitable regulations

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on the subject of drainage, sewerage, and plumbing, and all and everything else that may be necessary for the improving of the sanitary condition of said town. Said Mayor and Council are authorized to lay down sewerage through private property in said town, or outside corporate limits of said town, if such be necessary to the public welfare; provided, before so doing they shall regularly condemn such private property by the method hereinbefore laid down for the taking of private property by the State. Drainage and sewerage, etc. SEC. 43. SANITATION. Be it further enacted, That said Mayor and Council shall have full power and authority to require the owner of any improved property, his agent or tenant in possession, to provide suitable privy or watercloset accommodation upon such premises as may be prescribed by ordinance by the said Mayor and Council. Sanitation. SEC. 44. QUARANTINE. Be it further enacted, That said Mayor and Council shall have authority to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any all contagious or infectious diseases in said town. Quarantine. SEC. 45. BOARD OF HEALTH. Be it further enacted, That said Mayor and Council shall have authority in their discretion to establish and put into operation a board of health, and to pass all ordinances and regulations, prescribing penalties for violation of the same necessary for the purpose of maintaining such board of health, and providing penalties for such violation, to prevent the spread of any contagious or infectious diseases; also, to have complete control of persons who have been exposed to contagious or infectious

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diseases; and to make any and all necessary arrangements for the protection of the inhabitants of said town. Board of Health. SEC. 46. PRISON AND CHAIN-GANG. Be it further enacted, That the Mayor and Council of said town shall have the power to establish a guard house and work gang in said town and confine at labor there any persons who have been sentenced by the Court of said town to confinement in the guard house or to work upon the streets, sidewalks, or other public works of said town, and shall have power to make all rules and regulations that may seem necessary for the control or government of such work gangs and enforce the same through its proper authorities. Guard house and work gang. SEC. 47. PUBLIC UTILITIES AND FRANCHISES. Be it further enacted, That the Mayor and Council shall have power to build, maintain and operate, should they see proper, street railway, waterworks, gas works, electric light wires, lines and systems, or they shall have the right and power to grant right of way to railroads, street railways, waterworks, gas works, electric lights, telephone wires or lines throughout the streets and alleys of said town upon such terms, conditions and restrictions as said Mayor and Council may prescribe. Provided, the said Mayor and Council shall not grant any franchise or easement for a longer period than thirty (30) years. Public utilities and franchises. SEC. 48. MUNICIPAL BONDS. Be it further enacted, That said Mayor and Council have power and authority to issue bonds of said town in such sums and at such times as they shall see proper, not to exceed in the aggregate at any time the sum of ten ($10,000.00) thousand dollars, and in such denominations and in such amounts as they see fit; said bonds not to bear interest at a rate in excess of seven per

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centum per annum, and to run a greater period than thirty years from their date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue, in the discretion of the Mayor and Council. Said bonds to be issued, hypothecated and sold for the purpose of maintaining and operating a system of waterworks, system of sanitary sewerage, system of street railway, a system of public schools and the erection and furnishing of the necessary buildings for such school, and for street paving. Said bonds shall be signed by the Mayor and countersigned by the clerk under the corporate seal of the town, and shall be negotiable in such manner as said Mayor and Council may determine to be for the best interest of the town; provided, however, that said bonds shall not be issued for the above said purposes until the same have been submitted to a vote of the qualified voters of said town and approved by two-thirds majority of the qualified voters in said town voting in such election. Municipal bonds. SEC. 49. ELECTION FOR BONDS. Be it further enacted, That whenever it is deemed expedient by the Mayor and Council, they shall order an election to be held in said town for the purpose of determining whether or not there shall be an issue of bonds for any purposes hereinbefore provided, of which election there shall be given thirty days' notice by publication in the organ in which legal advertisements of Dodge County are published, or in some paper published in the town of Chauncey, and also by publishing a written notice in three public or conspicuous places in said town, stating the day of election, the amount of bonds to be issued, what rate of interest they are to bear, whether the interest is to be paid annually or semi-annually, and when the bonds shall be finally paid off. Said election shall be held on the day published in said notice, at such place as

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may be determined by the Mayor and Council, which place must be designated in the notice of said election, and shall be held by the same person and in the same manner and under the same rules and regulations as for Mayor and Council; same qualifications of voters of said election shall be required at said election for Mayor and Council. That the ballots cast at said election shall contain the words For Bonds, or Against Bonds, and unless For Bonds shall receive a two-thirds majority of all the voters voting at said election, said bonds shall not be issued; but if For Bonds shall receive a two-thirds majority, said bonds may be issued. Election for bonds. SEC. 50. TAXES TO PAY BONDS. Be it further enacted, That should the Mayor and Council determine, in accordance with the provisions hereinbefore made, to issue bonds for any of the purposes hereinbefore set out, then they shall have power and authority in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax not to exceed one per centum per annum, sufficient to pay off said bonds, with all interest and charges on the same within the period which said bonds have to run, and it shall be the duty of said Mayor and Council in the published notice of any election for the issuance of any bonds for any of the purposes herein provided, to state the amount of annual tax it will be necessary to levy and collect to pay the same. Taxes to pay bonds. SEC. 51. EXISTING PROPERTY RIGHTS AND ORDINANCES. Be it further enacted, That said town in its incorporate name, shall have, own and possess all property of whatever description now owned by the town of Chauncey as at present incorporated, and shall keep up and maintain and operate the present public utilities operated in said town

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until other plants shall have been provided; that all debts, contracts and obligations of every description now owing to or by said town of Chauncey as at present incorporated shall enure to or become chargeable against the town of Chauncey in its corporate name and capacity under this charter, as under this charter incorporated; that all by-laws, ordinances, resolutions, rules and regulations heretofore passed and enacted by the Mayor and Council of the town of Chauncey as at present incorporated, not in conflict with this charter and now of force are hereby made of binding force and effect in the town of Chauncey as hereby incorporated until the same shall have been repealed or superseded by ordinances, rules and regulations adopted by the town of Chauncey under this charter. Property rights and ordinances. SEC. 52. CHARTER DEFENCES. Protection of Officers. Be it further enacted, That any officer of said corporation of the town of Chauncey, who may be sued for any act or thing done in his official capacity, may be justified under this charter, and that the provision of this charter may be pleaded, and shall be a full defense to any action brought against the Mayor and Council of said town, or either of them, for any act done by them under and in accordance with its provisions and in accordance with the ordinance passed in pursuance thereof. Protection of officers in case of suit. 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 13, 1912.

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CHESTER, SCHOOL DISTRICT OF, INCORPORATED. No. 514. An Act to incorporate the Chester School District, in Dodge County, and define the boundaries of same; to establish a board of education therein; to confer on said board certain powers to regulate the management and control of schools in said district, and to provide revenue 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 the same, That from and after the passage of this Act and the ratification of the same, as hereinafter provided, there shall be established a corporate school district in and about the town of Chester, in Dodge County, Georgia, to be known as the Chester School District, which district shall embrace all the territory now embraced in the School District Number Thirty (30) of said County of Dodge as laid out, except lots of land Numbers 97, 98, 99, 112, 113, 114, 127, 128 and 129 in the Nineteenth District of said county, which are hereby excluded from said District Number Thirty (30), and shall no longer be a part of said district. The boundary lines of said Chester School District herein and hereby incorporated to include all the lots of land embracing the lots of land belonging to School District Number Thirty (30), heretofore referred to with the exception of lots of land above mentioned as excluded. Chester, School District, incorporated. Limits defined. SEC. 2. Be it further enacted, That the management and control of all schools in said district shall be vested in a board known as board of education, composed of three persons, who shall be of good moral character and favor

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education, and which board by that name and style shall have perpetual succession, have and use a common seal, have a right to sue and be sued, and shall have power to purchase, receive and hold to them and their successors in office for school purposes any estate, real or personal, and of every kind and character. Board of education. SEC. 3. Be it further enacted, That on the 15th day of August, 1912, an election shall be held at Chester, Ga., for the ratification of this Act, said election to begin at 8:00 a. m. and close at 4:00 p. m., and shall be participated in by only the registered voters of said school district. Those favoring the ratification of this Act shall have written or printed on their ballots the words For Corporate School District. Those opposed to the ratification of this Act shall have written or printed on their ballots the words Against Corporate School District. The returns of said election shall be immediately sent to the Ordinary of Dodge County. If a majority of the registered voters voting in said election shall vote for Corporate School District, the Ordinary shall declare this Act ratified, and the same shall become of full force. If a majority of the registered voters voting in said election vote against Corporate School Districts, then this Act shall be of no effect and void; provided, that by a petition of one-fourth the qualified voters of said district the Ordinary of Dodge County shall call another election once each year thereafter until this Act shall be ratified as hereinbefore provided. Election for ratification of this Act. SEC. 4. Be it further enacted, That at the said time and place of the ratification of this Act the members of the board of education for said district shall be elected in the following manner: The member receiving the greatest number of votes shall be elected for a term of three years, the

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member receiving the second greatest number of votes shall be elected for a term of two years, and the member receiving the third greatest number of votes shall be elected for a term of one year. The term of office of the members of said Board of Education shall be three years. At the expiration of the term of any member of the board, the board shall call an election, and a successor to such member shall be elected for the full term of three years. Should a vacancy on said board be caused by the death or resignation of any member, such vacancy shall be filled by an election called by the clerk of said board within twenty days from the time said vacancy occurs, after ten days' notice is given of same, said election to be held under the same rules and regulations herein provided for other elections in said district. Board of Education, election of. SEC. 5. Be it further enacted, That said board of education shall immediately after this Act goes into operation, organize by electing a president and vice-president, secretary and treasurer, which president and vice-president shall be members of said board, and which secretary and treasurer may or may not be a member of said board. No member shall receive compensation for his services except the secretary and treasurer, whose compensation shall be fixed by the board at the beginning of their terms and shall not be thereafter changed during said term. The secretary and treasurer may be removed by the board for sufficient cause, in their discretion. The secretary and treasurer shall give good and sufficient bond to be fixed and approved by the board. Officers of Board. No person shall be a member of said board, or fill the office of secretary and treasurer, who is not a bona fide resident of said school district and a freeholder.

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SEC. 6. Be it further enacted, That said board of education shall have power to adopt a system of public schools in said district, and to elect a superintendent and prescribe his duties, and to remove him for cause, in their discretion; to employ, suspend or remove teachers and fix their compensation by salary and otherwise; to take and hold title to such property; to make such rules and regulations for the government of themselves and such school as they may deem proper, not in conflict with the laws of this State, and to do in and all things to promote the educational interests of said district not in conflict with the provisions of this Act or the laws of this State; that said board may purchase property sold under the tax executions issued for taxes to support the school system of the district. Said board shall have power to establish and maintain as many schools within said district as they may deem proper, and to erect such buildings and make such other improvements for the use and benefit of such schools as they may deem necessary. Public school system. SEC. 7. Be it further enacted, That the board of education for said district shall have power, and it shall be their duty, to fix the rate of tuition for non-resident pupils. They shall receive from the State School Superintendent direct the district's share of the public school fund, and it shall be the duty of the State School Superintendent to pay said money to said board. Said board shall give any and all information concerning said school district to the State School Superintendent that may be demanded by him. They shall determine the amount necessary to be raised by taxation on all property of the district which, augmented by the public school fund and other income of the district, will, when economically administered, pay the current expenses of said school system; provided, the rate of taxation shall not exceed one-half of one per cent. Said board shall ascertain

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from the tax returns made to the Tax Receiver, and from the returns made to the Comptroller-General, the total value of all property in said district subject to taxation for county purposes, and regular digest of all such property in said school district shall be made in a book kept for that purpose by the board of education of said district. At or before the time of fixing the rate of taxation for the county, said board shall levy such rate on the property thus found as will raise the total amount to be collected. Said board of education, at or before the time for fixing the rate of said county by the proper authorities thereof, shall certify to said authorities and to Comptroller-General of the State, the rate of taxation fixed for said school district, and said authority of said county shall levy such special tax at the same time and in the same manner as is now prescribed for levying taxes for county purposes. A copy of the special tax digest of said district shall be furnished by said board to the Tax Collector of the county, and it shall be his duty to compute and collect said taxes and turn same over to said board, as well as tax received for said district from railroads and other corporations that make their returns to the Comptroller-General, taking their receipts for same, and said Tax Collector shall receive as compensation therefor such an amount as he would for collecting a like amount for the county. In any case in which it is impossible to determine from the tax returns made to the Tax Receiver of the county the value of the property of any citizen situated in said district, the secretary of the board of education shall serve notice on said tax payer requiring him to make returns within five days to said secretary of his property situated in said district and subject to taxation. Should said returns be unsatisfactory to said board of education, the same shall be rejected and submitted to

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arbitration as is now provided by law for such cases when such cases are rejected by Tax Receivers. Power and duty of Board. Taxation for support of schools. All property, both real and personal, including franchise belonging to railroad, telegraph and telephone companies and to all other corporations which are now required to make their returns to the Comptroller-General of this State, which is in the taxable limits of said district, shall be, and the same is, hereby made subject to taxation by said school district as fully and completely as is the property of other corporations within such taxable limits. It is hereby made the duty of every such corporation in this State in addition to the facts now required to be shown in their returns to the Comptroller-General, to also show in said returns the value of such corporation's property in said district. The rolling stock, franchises, and other personal property of such corporations shall be distributed to said school district on the same basis that rolling stock, franchises and other personal property are distributed to counties and municipalities under the law, that is as the value of property located in said school district is to the whole located property, real or personal, of such corporations, such shall be the amount of rolling stock, franchise and other personal property to be distributed for taxing purposes to said school district and the same shall be collected as is now provided by law for such purposes. Taxation of property and franchises of railroads. SEC. 8. Be it further enacted, That the board of education for said district shall annually make a report to the public in writing of the condition of said schools, and oftener if petitioned to do so by one-fourth the voters of the school district, and they shall accompany their reports with a full itemized statement of all money received and expended by said board. Reports.

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SEC. 9. Be it further enacted, That the board of education of Dodge County shall not establish any other school or contract with any other person to teach a school of any character in said district, and all property now used by the board of education for school purposes in said district shall be turned over to the board of education for said school district, and the complete control of such property shall be vested in said board of education for said school district. County schools, none to be established. 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 16, 1912. COLQUITT, CITY OF, CHARTER AMENDED. No. 392. An Act to amend an Act entitled An Act to incorporate the City of Colquitt, in the County of Miller, State of Georgia, approved August 11, 1905, Georgia Laws 1905, folio 765, 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 incorporate the City of Colquitt, in the County of Miller, State of Georgia, approved August 11, 1905, (in lieu of the town of Colquitt), Georgia Laws, 1905, folio 765, be, and the same is, hereby amended by

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adding a new Section to said Act to be known as Section 9, and to read as follows: Section 9. Be it further enacted by the authority aforesaid, That the Mayor and Council of said municipality shall pass reasonable ordinance governing the impounding of hogs, goats, cattle and horses, to prevent same from roaming at large within the incorporate limits of said municipality, which said ordinance shall prohibit hogs and goats from going at large within the limits of said municipal corporation at all times; to prohibit cattle and horses from going at large on the public square and within one block of said public square at all times, and all cattle and horses to be prohibited from going at large anywhere within the city limits between sunset and sunrise. Colquitt, City of, impounding of animals. 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 7, 1912. COLQUITT, CITY OF, CHARTER AMENDED. No. 578. An Act to amend an Act entitled an Act to incorporate the town of Colquitt, in the County of Miller, State of Georgia, etc., approved December 17, 1901, so as to authorize the Mayor and Council of said municipality to levy a greater ad valorem tax than is now provided by law, 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, Section 7, approved December 17, 1901, be hereby amended as follows: By striking the seventh words from the third line of said Section, so that said Section, when amended, shall read as follows: Section 7. Be it further enacted, That the Mayor and Council shall have power and authority to levy and collect a tax not exceeding one per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have the power to require all persons within said incorporation who are subject to road duty under the laws of this State, to work the streets of said town, or they shall prescribe a commutation tax which may be paid in lieu of work upon the streets. Said Mayor and Council may have the power to enforce the payment of the taxes on real and personal property by execution issued by the Clerk and signed by the Councilmen, and the levy and sales of said property shall take place as in levy and sales of property liable to county and State taxes. All levies of tax execution to be made by the marshal or his deputy, and to be conducted as sales by the Sheriffs of this State in case of levy of tax executions. Colquitt, City of, ad valorem tax. Provided, this provision to increase ad valorem tax to one per cent. shall exist for the year 1912 only. SEC. 2. Be it further enacted, That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912.

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COLQUITT, CITY OF, CHARTER AMENDED. No. 590. An Act to amend an Act entitled an Act to incorporate the City of Colquitt, in lieu of the town of Colquitt, to confer additional powers on said corporation, and for other purposes, approved August 11, 1905, so as to authorize the Mayor and Council of said city to collect a greater ad valorem tax than is now provided for by said 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, Section 7 of the Act incorporating the town of Colquitt, approved December 17, 1901, and which was adopted as a part of the above recited Act, be, and the same is, hereby amended as follows: Strike out in the third line thereof the words one-half of and amended by an Act approved August 13, 1904, in the incorporation of the town of Colquitt, and insert in lieu thereof the word one, so that said Section, when amended, shall read as follows: Section 7. Be it further enacted, That the Mayor and Council shall have power and authority to levy and collect a tax of not exceeding one per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have the power to require all persons within said incorporation who are subject to road duty under the laws of this State, to work the streets of said city, or they shall prescribe a commutation tax which may be paid in lieu of work upon the streets. Said Mayor and Council may have the power to enforce the payment of the taxes on real and personal

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property by execution issued by the Clerk and signed by the Councilmen, and the levy and sales of said property shall take place as in levy and sales of property liable to county and State taxes. All levies of tax executions to be made by the marshal or his deputy, and to be conducted as sales by the Sheriffs of this State, in case of levy of tax executions. Colquitt, City of, ad valorem 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 19, 1912. COLUMBUS, CITY OF, CHARTER AMENDED. No. 388. An Act to amend the charter of the City of Columbus, in Muscogee County, Georgia, so as to give power and authority to said City of Columbus to pay a pension to retired policemen and firemen, who have become permanently and physically disabled while in the service of the city; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the City of Columbus, a municipal corporation in the County of Muscogee, be, and it is hereby invested with the power and authority to pay pensions to policemen and firemen who have been in the continuous service of the City of Columbus

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for a period not less than twenty years, and who have become physically and permanently disabled while in the service of the city; provided, that the amount of pension paid to policemen shall not exceed one-half of the regular pay of policemen, and to firemen one-half of the regular pay of firemen, who are employed in the regular and active service respectively for said city. Columbus, City of, pensions for policemen and firemen. SEC. 2. Be it further enacted, That the power and authority herein conferred shall be exercised only by resolution adopted by the Mayor and Board of Aldermen of said city at a regular meeting, and a separate resolution shall be adopted for each and every pension paid, which said resolution shall state the name of the policeman or fireman, who shall receive said pension, the amount thereof, and when the same is to be paid; and in no case shall any pension be paid to policemen by said Mayor and Board of Aldermen, except upon recommendation of the police commission of the City of Columbus; nor shall any pension be paid to any fireman except upon recommendation of the Chief of the fire department, and approved by the standing committee of Council on fire department. Pensions paid, when and how. SEC. 3. Be it further enacted, That the power and authority herein conferred upon the City of Columbus is entirely discretionary, and said power and authority may or not be exercised as the Mayor and Board of Aldermen may deem expedient and proper in each particular case; and any pension which may be paid by the terms of this Act, or in pursuance of any resolution adopted by the Mayor and Board of Aldermen, may be revoked and withdrawn by the Mayor and Board of Aldermen of said city at any time; and when so revoked and withdrawn there shall be no obligation upon the part of the City of Columbus to make any

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future payments of any pension theretofore granted or paid to any policemen or firemen of said city. Power discretionary. SEC. 4. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 7, 1912. COLUMBUS, CITY OF, C. K. NELSON; BISHOP. ETC., AUTHORIZED TO CONVEY CERTAIN LANDS IN. No. 551. An Act to authorize C. K. Nelson, as Bishop of the Diocese of Atlanta, to sell and by proper deed to convey to the purchaser that part of lot number one (1) in block thirty-nine (39) of the Commons Survey of the City of Columbus, Muscogee County, Georgia, conveyed by Commissioners of Commons of the City of Columbus to C. K. Nelson, Bishop, and his successors in office, by deed dated July 28, 1906. Whereas, In pursuance of the power vested in them by law, the Commissioners of Commons of the City of Columbus, Georgia, did by deed dated the 28th day of July, 1906, convey to C. K. Nelson, Bishop, and his successors in office in trust for the Protestant Episcopal Church of the Diocese of Georgia, Northern Division, all that tract or parcel of land lying and being in the City of Columbus, in the County of Muscogee and State of Georgia, and known and distinguished as a part of the Commons of the City of Columbus, and described as follows: All of lot number one (1) in block thirty-nine (39) of the Commons Survey of the

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City of Columbus, County of Muscogee, State of Georgia, except a triangle at the northeast corner of said lot; said triangle having a frontage of twenty-three (23) feet on the west side of Ninth Avenue, and a frontage of twenty-three (23) feet on the south side of Ninth street; said triangle being reserved for the use of the public as a street; and Whereas, C. K. Nelson, Bishop of the Diocese of Atlanta, is the successor in office and trust to said grantee, and is desirous of locating the church building now located on said part of said lot number one granted as aforesaid, at a more eligible place, but needs the proceeds of the sale of said land with which to purchase a more eligible lot, but cannot sell and dispose of said part of said lot number one without further authority, 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 said C. K. Nelson as Bishop of the Diocese of Atlanta, the successor in office and trust to the said C. K. Nelson, Bishop, to whom and his successors in office said land was conveyed in trust for the Protestant Episcopal Church of the Diocese of Georgia, Northern Division, be, and he is hereby authorized and empowered, at private sale and for such consideration as seems proper to him, to dispose of and sell any or all of the lands named in the preamble to this Act, to-wit: All that tract and parcel of land lying and being in the City of Columbus, County of Muscogee, and State of Georgia, and known and distinguished as a part of the Commons of the City of Columbus, and described as follows: All of lot number one (1) in block thirty-nine (39) of the Commons Survey of the City of Columbus, County of Muscogee, State of Georgia, except a triangle at the northeast corner of said lot, said

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triangle having a frontage of twenty-three (23) feet on the west side of Ninth Avenue and a frontage of twenty-three (23) feet on the south side of Ninth street; said triangle being reserved for the use of the public as a street, and to use the proceeds arising from the sale of said land only for the purpose of the purchase of another site in the City of Columbus, Georgia, on which to erect a church building or buildings for the Protestant Episcopal Church of the Diocese of Atlanta, or for the building of such a church building or buildings for said Protestant Episcopal Church in the said City of Columbus, Georgia, and any sum that may remain from the proceeds of said sale after such application, shall be used only for church purposes in said City of Columbus, Georgia. Columbus, City of, C. K. Nelson, Bishop, etc., authorized to convey certain lands. SEC. 2. Be it further enacted by the authority aforesaid, That a deed of conveyance to the purchaser of any and all of said lands executed and delivered by said C. K. Nelson as Bishop of the Diocese of Atlanta, shall have the effect of divesting the title to said land, and vesting the same in the purchaser or purchasers, free from the trust and use limited in the said conveyance to C. K. Nelson, Bishop, and his successors in office, by said Commissioners of Commons of the City of Columbus, Georgia. Deed of conveyance. 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 19, 1912.

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COMMERCE, CITY OF, CHARTER AMENDED. No. 347. An Act to amend an Act incorporating the City of Commerce, in the County of Jackson, and prescribing its corporate limits, etc., and providing for the extension of the limits of the said City of Commerce, so as to include the grounds of the Four County Fair Association within the said City of Commerce for police protection, 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. The incorporate limits of the City of Commerce shall be extended on the west side of the Southern Railroad so as to include within the incorporate limits of the said City of Commerce the following territory, towit: Beginning at the terminus of Pine street at its intersection with Clayton street, at the present terminus of the corporate limits of the City of Commerce on the west side of the Southern Railroad; thence south 8 chains along the present public road leading from the City of Commerce to city waterworks plant; thence due west 2 chains 50 links to a stake; thence N. 31, W. 4 chains and 50 links to a stake; thence N. 15, W. 3 chains to a stake; thence N. 16, W. 4 chains and 56 links to a stake; thence N. 54, E. 3 chains to a stake on Clayton street; thence along Clayton street S. 45, E. 6 chains, 20 links to the beginning corner, containing five and one-half (5) acres, more or less. Provided, however, that it is the true purport and intention of this Act that the incorporate limits of the said City of Commerce shall be extended so as to include the property herein

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described solely and wholly for the purpose of affording police protection over said property, and so as to give the Mayor of the City of Commerce jurisdiction to try offenders for offenses committed on this property, hereinabove described, and in case the Mayor finds them guilty of the violation of any of the city ordinances, to impose the same fine and penalty upon such offenders for such offenses thus committed upon the property above described, the same as if the offenses had been committed within the former corporate limits o fthe City of Commerce. Commerce, City of, corporate limits extended for police protection. SEC. 2. Be it further enacted, That the Mayor and Council of the City of Commerce shall not have the right to impose any taxes on the property hereinabove described, said property having been leased by the Four County Fair Association, not for the purpose of public game but for the purpose of public benefit by encouraging agriculture, and for this reason said property shall not become liable for the payment of city taxes. Taxation of new territory. 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 29, 1912. CONSTITUTION, TOWN OF, INCORPORATED. No. 585. An Act to incorporate the town of Constitution, in the Counties of Fulton and DeKalb, to provide for its succession to the rights, powers and duties of the town of

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Constitution heretofore created by order of the DeKalb Superior Court, to provide a municipal government for the said town and confer certain rights, powers and privileges on the same, and to provide for all matters of municipal cognizance, to define the corporate limits of said town, and to provide for a Mayor and Council of the said town, and to prescribe their powers and duties, to confer upon the said Mayor and Council certain powers and duties, and the power to enact municipal ordinances for said term, and to provide for the enforcement of the same, to provide for public improvements, to define the police power of the same, and to provide police regulations for the said town, to provide for the election of officers, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted as follows: SECTION 1. The inhabitants now or hereafter residing within the boundaries and limits in Fulton and DeKalb Counties hereinafter described shall be, and they are hereby created a municipal corporation under the name style of the town of Constitution, to-wit: All that territory within a radius of one mile from the center of the present location of the Southern Railway depot in DeKalb County, and extending from the center of said depot one mile in every direction. Constitution, town of, incorporated. Corporate limits. 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 Constitution, as created by a charter issuing from the Superior Court of DeKalb County by an order dated October 25, 1910, and shall become invested with all

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the rights, properties and franchises belonging to said former corporation, of every kind whatsoever, and liable for all its obligations, contracts and debts, and the said town of Constitution as incorporated in this Act may in its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, and have and use a common seal, and shall be capable in law to purchase, hold, enjoy and possess any real or personal property whatever, either 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. Corporate powers and rights. SEC. 3. Be it further enacted, That the municipal government of the said town of Constitution shall be and is hereby vested in a Mayor and five Councilmen. The present Mayor and the present Councilmen of said town shall continue in the offices to which they were elected until the first Saturday in January, 1913, 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 Constitution. Mayor and Councilmen. SEC. 4. Be it further enacted, That on the first Saturday in January, 1913, and on the first Saturday in each succeeding January thereafter, there shall be held an election in said town to elect a Mayor and Councilmen thereof, whose term of office shall be for one year and until their successors are elected and qualified. Election 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

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voters of said town of Constitution, shall be managed by a Justice of the Peace, or some other judicial officer, and two freeholders who are citizens of said town, and each of said managers, before entering upon his duties, shall take and subscribe before some 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 to the best of our skill and knowledge, and make true returns thereof, so help us God. Management of elections. SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to vote or hold any office in said town of Constitution, 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 Constitution for at least three months next preceding the election at which he offers to vote. Qualified voters. SEC. 7. Be it further enacted by the authority aforesaid, That the returns of elections, held in the town of Constitution for Mayor and Councilmen thereof, shall be made to the retiring Mayor and Councilmen of said town, and they shall declare the result of said election. In the event the office of Mayor or Councilmen 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 Councilmen, and in case the office of Mayor shall become vacant for any cause whatsoever, then a majority of the Board of Councilmen shall appoint some fitted and proper person to serve out the unexpired term, in which case the appointee shall have the qualifications as provided by this Act. Election returns. Vacancies, how filled. SEC. 8. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their respective

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duties the Mayor and Councilmen of the town of Constitution shall subscribe to and take the following oath of office: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as Mayor or Councilmen (as the case may be) of the town of Constitution, in DeKalb and Fulton Counties, 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 of administer oaths. Oath of Mayor and Councilmen. SEC. 9. Be it further enacted by the authority aforesaid, That the said Mayor and Councilmen shall have power and authority to elect such marshal as they may deem necessary to preserve the peace of said town, and for collecting revenues thereof; and they, the said Mayor and Councilmen, shall have power to elect such secretary and treasurer (from the Board of Councilmen) 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 such Mayor and Councilmen shall deem expedient and necessary. Officers, their duties and compensation. SEC. 10. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen shall have power to make and pass all such ordinances, by-laws, rules and regulations that they may deem necessary for the good order, peace, health and good government of said town, and for the enforcement of all powers herein granted; provided, they are not in conflict with the Constitution of this State or of the United States. Ordinances, etc. SEC. 11. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen shall have full and

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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 they may allow each person liable to work on said streets to pay in lieu thereof a commutation tax; and shall have power to provide for the establishment of cemeteries in said town, to exercise police control over same, and to prohibit burials or the establishment or continuance of cemeteries in said town in any place not within the public cemetery established by the said Mayor and Councilmen. Administrative powers. SEC. 12. Be it further enacted by the authority aforesaid, That said Mayor and Councilmen shall have the power and authority to enforce the observance of their ordinances, by imprisonment in the guard house, or work on the streets of said town, or by fine, 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. Enforcement of ordinances. SEC. 13. 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 authority to issue warrants for any offense committed within the corporate limits of said town, and shall have the authority to sit as 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 DeKalb or Fulton Counties 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

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answer to the proper authority any charge preferred that is in violation of any of the laws of this State. Commitments and appearance bonds. SEC. 14. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen of said town shall have the power to define a public nuisance, and to abate the same, and to punish those maintaining the same. Nuisances. SEC. 15. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen shall have the power to provide for the assessment of all property within the corporate limits of the said town, and to levy such an ad valorem tax annually on the same for public purposes, and for the government of the said town, as in their discretion would be for the betterment of the said town and the citizens thereof; provided, that such annual ad valorem tax in no instance shall exceed five mills per annum. Tax assessments. SEC. 16. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen shall have power and authority to provide for the establishment in the said town of a system of public schools, and shall have power and authority to levy and collect such an ad valorem tax upon all property in the 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 that may come into the hands of the said Mayor and Councilmen, to support and maintain said public schools for nine scholastic months in each year; provided, that said special school tax shall not exceed one-half of one per centum per annum upon the said taxable property. Public school system. SEC. 17. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen shall have the power

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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. Special taxes. SEC. 18. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen of the town of Constitution shall have the power and authority to provide by ordinance when the taxes of the 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. Tax defaulters. SEC. 19. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen of the said town shall be exempt from street duty and street tax, and the said Mayor and Councilmen shall receive no compensation for their services. Exemptions. 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 19, 1912. CONYERS, CITY OF, CHARTER AMENDED. No. 501. An Act to amend Section 2 of the Act amending the charter of the City of Conyers, State of Georgia, approved August

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11, 1911, so as to make more certain the mode and manner of electing the aldermen of said city, and correct a mistake in the engrossing of the original bill to amend the charter of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That Section 2 of the Act amending the charter of the City of Conyers, in the State of Georgia, approved August 11, 1911, be, and the same is, hereby amended by inserting between the words qualified in the 7th and 8th lines, and the word and in the 8th line of said Section, the following words, to-wit: And three (3) aldermen shall be elected on the first Saturday in December of each and every year thereafter for two (2) years, and until their successors are elected and qualified; so that said Section, when amended, shall read as follows: Sec. 2. Be it enacted, That at the next ensuing election for Mayor and Aldermen of said city on the first Saturday in December, 1911, the Mayor and three (3) Aldermen shall be elected for two years, and three (3) aldermen for one (1) year; and the Mayor shall be elected on the first Saturday in December every two (2) years thereafter, and hold his office for two (2) years and until his successor is elected and qualified; and three (3) Aldermen shall be elected on the first Saturday in December each and every year thereafter for (a term) (of) two (2) years and until their successors are elected and qualified, and the Mayor and Aldermen hereafter elected in accordance with the provisions of this Section shall enter upon the discharge of their duties on the first Monday in January next succeeding their election. Conyers, City of, election of officers.

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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 16, 1912. CORDELE, CITY OF, CHARTER AMENDED. No. 542. An Act to amend the charter of the City of Cordele, as approved August 21, 1911, entitled An Act to amend the charter of the City of Cordele, etc., by providing for a permanent bond commission, whose duties it shall be to take charge of, expend, manage, and control all moneys arising from the sale of bonds issued by the City of Cordele, as well as all moneys set aside as sinking fund with reference to all outstanding bonds that have been issued by said City of Cordele, and to have complete and entire control of all matters pertaining to bonds of the City of Cordele, now outstanding, as well as such as may be issued and sold hereafter, 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 City of Cordele, as approved August 21, 1911, be, and the same is, hereby amended, providing for a bond commission as follows: That a Commission to be known and designated as The Bond Commission of the City of Cordele be, and the same is, hereby created. Cordele, City of, Bond Commission created.

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SEC. 2. Be it futher enacted, That the said Commission so created shall be composed of three citizens of Cordele, who shall be freeholders of the said city, and who shall have been a resident of the City of Cordele for at least three years next prior to their election, and no person shall be elected or serve on said Commission who holds any other office or other commission of said city. The said commission shall be elected by the Mayor and City Council for a term of six years, except for the first term, which shall be for two, four and six years, respectively; and for the said first term, D. J. Williams, J. Slade and L. H. Webb are hereby created and appointed said commissioners. Commissioners, qualifications and election. The said commissioners for the said first term shall choose by lot their respective terms of office. SEC. 3. The said commission shall elect from their members a president of said board, who shall hold his office for the term of two years and until his successor is elected. The duties of said president of said commission shall be to preside over its meetings and deliberations and to see that all reports are filed and all other duties of such commission are faithfully discharged. The decision of any question by said Commission shall require the concurrence of a majority of said board, the president voting upon all questions as said member of said board. President of Board. SEC. 4. Be it further enacted by authority aforesaid, That the clerk and treasurer of the City of Cordele shall be, and he is hereby required to act as clerk of the said bond commission, and is hereby required to keep all books, showing the receipts and disbursements of said commission and to record all minutes, records, accounts and proceedings of said commission in a book kept separate for this purpose

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and known as Bond Commission Records, and to perform such other and further duties pertaining to the office of secretary of said commission as may be required of him by said commission. Clerk and Treasurer, and their duties. SEC. 5. Be it further enacted, That the clerk and treasurer of the City of Cordele shall, as soon as collected, deliver to said bond commission, and enter upon the books of said commission, all moneys levied, assessed or collected from abutting property holders wherever any paving is made or required to be made by ordinances of the Mayor and City Council of the City of Cordele. Moneys from paving assessments. SEC. 6. Be it further enacted, That it shall be the duty of said bond commission of the City of Cordele to take charge of, expend, manage and control all moneys arising from the sale of any and all bonds which have been or may hereafter be issued by the City of Cordele, and also all moneys now in hand or may hereafter be received or set aside and designated as a sinking fund, for the purpose of paying off and retiring such bonds as may have been or may hereafter be issued by the City of Cordele, and also all moneys levied, assessed or collected by the Mayor and City Council of Cordele from such persons as own property abutting streets or avenues, for the purpose of paving, grading or otherwise improving such streets or avenues as may be required to be paved, graded or improved by the Mayor and City Council of Cordele. Duties of Bond Commission. Said Commissioners shall have exclusive and complete control as has heretofore been vested in the Mayor and City Council of Cordele, in the management of all matters pertaining to the receipts and disbursements of the proceeds of all moneys herein contemplated.

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SEC. 7. Be it further enacted, That it shall be the duty of said bond commission to make and execute all contracts for public improvements of all kinds in the City of Cordele, for which the money arising from the sources herein enumerated are levied, assessed, received or collected. All contracts for such public improvements shall be signed by at least two of said Commissioners, and when such contract shall have been so made, they shall have the same force and effect as if made and executed by the Mayor and City Council of Cordele. Contracts. All uncompleted contracts now outstanding and existing for such public improvements shall be clearly and fully set out on the minutes of the Mayor and City Council of Cordele, immediately after the passage of this Act, showing in detail the exact status of such contracts, and such parties as may have an interest in such contracts shall be immediately notified by the clerk and treasurer of the City of Cordele of the creation of the said bond commission, and such contracts shall be fully carried out and executed by said bond commission as if the same were made and executed by the said bond commission of the City of Cordele. SEC. 8. Be it further enacted, That it shall be the duty of the Mayor and City Council of Cordele, immediately after the passage of this Act, and they are hereby, required to deliver to the said bond commission as herein named and designated, all moneys herein mentioned, that they may now have on hand, and thereafter all moneys herein contemplated as soon as practicable after receiving the same. Bond controls what moneys. SEC. 9. Be it further enacted, That for the purpose of carrying out the provisions of this Act said bond commission is hereby fully empowered and authorized to do such acts, and take such steps as may become necessary for the

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proper performance and discharge of their duties, as herein prescribed, it being the purpose of this Act that said bond commission shall have as full and complete power to receive, manage and disburse all moneys herein mentioned and contemplated as has heretofore been vested in the Mayor and City Council of Cordele. Powers and authority. SEC. 10. Be it further enacted, That the members of the said bond commission shall receive such compensation for the performance of their duties as the Mayor and City Council of the City of Cordele may, in their discretion, fix and prescribe, the same not to exceed the amount which is now being paid or may hereafter be paid to the members of the City Council of Cordele. Compensation of members of commission. SEC. 11. Be it further enacted, That the said commissioners shall on the first day of January, 1913, and annually thereafter, on the first day of January, make to the Mayor and City Council of Cordele, a report in writing of their actings and doings under this Act, as said Commissioners, including an account of their receipts and disbursements of moneys received by said commission. Reports. SEC. 12. Be it further enacted, That the terms of this Act shall constitute an inviolable contract between the Mayor and City Council of Cordele, and every purchaser and holder of any bond or bonds which have been or may hereafter be authorized and issued, as prescribed by law, by the Mayor and City Council of Cordele. Contract inviolable. SEC. 13., Be it further enacted, That the provisions of this Act shall not be in conflict with nor repeal the provisions of any special Act, providing for the appointment of a water and light commission by the Mayor and City Council

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of Cordele, nor shall the provisions of this Act interfere with the duties prescribed for such water and light commission, except that the said water and light commission, or any other commission appointed by the Mayor and Council of Cordele, shall not have or exercise any control or management of the receipts and disbursements of the proceeds of any bonds issued by the Mayor and City Council of Cordele, nor shall said water and light commission interfere in any manner with the discharge of the duties assigned to the bond commission herein named, or to be hereafter elected. Water and light commission. SEC. 14. Be it further enacted, That all vacancies occuring in said bond commission as herein designated, which may occur by death, resignation or otherwise, either of the present members of the board or of any future board, shall be filled by an election by the Mayor and City Council of Cordele. When any vacancies occur on said bond commission, it shall be the duty of the Mayor of said City of Cordele to call a special meeting, if necessary, of the Council of the City of Cordele, and to proceed to elect such person or persons as they may deem wise to fill such vacancies. Vacancies, how filled. SEC. 15. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. CORDELE, CITY OF, CHARTER AMENDED. No. 543. An Act to amend the charter of the City of Cordele, approved August 21, 1911, so as to authorize said City of

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Cordele to purchase, wholly or in part, an electric light and power plant and necessary equipment; to erect and operate an electric light and power plant for the purpose of lighting the streets and public places of said city, with authority to furnish electric lights and electric power to private persons or corporations within said city, its vicinity and suburbs; to charge for such lights and power; to erect and operate an electric light and power plant in connection with the waterworks system of said city; to create a water and light commission, and define their powers and duties; and to authorize said city to issue bonds, serial or otherwise, to an amount not exceeding the sum of $50,000.00, principal, to bear interest at 5 per cent. for such purposes, or either of them, and to repeal all conflicting laws. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the charter of the City of Cordele, approved August 21, 1911, be, and the same is, hereby amended as hereinafter provided. SEC. 2. Be it further enacted, That the City of Cordele, in the County of Crisp, in this State, is hereby authorized to purchase, wholly or in part, an electric light and power plant, and the necessary equipment; to erect and operate an electric light and power plant for the purpose of lighting the streets and public places of said city, and is hereby given authority to furnish electric lights and electric power to private citizens or corporations within said city, its vicinity and suburbs; to charge for such lights and power and to erect and operate an electric light and power plant in connection with the waterworks system of said city, either through the instrumentality of the Mayor and Councilmen of said city or by a water and light commission, hereinafter

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provided for, or by the co-operation of said Mayor and Aldermen and such water and light commission; to create a water and light commission for said city and define their powers and duties. Cordele, City of, electric light and power plant. SEC. 3. Be it further enacted, That for the purpose of purchasing such an electric light and power plant and necessary equipment therefor, or for the erection of the same in connection with the present waterworks system of said city, or any other waterworks system that may be hereafter owned and operated by said city or the commission hereinafter provided for, the said City of Cordele shall have authority to issue bonds not to exceed the sum of $50,000.00 principal, to bear interest at 5 per cent. per annum; said bonds to be serial or otherwise, and to be issued, their payment provided for and paid as now provided by the laws of the State of Georgia, and to be payable, both principal and interest, at such times and in such amounts as the Mayor and Aldermen of said city may by resolution determine; provided, however, that said bonds shall not be issued by said City of Cordele until an election has been legally called and held to authorize such issue under the terms of the Constitution and laws of the State of Georgia providing as to how municipal authorities may incur debt. Electric light and power bonds, election for. SEC. 4. Be it further enacted, That the Mayor and Aldermen of the City of Cordele, at their first regular meeting to be held in the month of September, 1912, or so soon thereafter as practicable, are hereby empowered to establish by ordinance a board of commissioners for its waterworks plant and system now owned and operated by said city, and for any waterworks plant or system that may be hereafter owned and operated by said city, and for any electric light and power plant and necessary equipment established

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or that may be hereafter owned and operated by said city, such commission 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 Aldermen of said city or hold any other office or any employment of said city, its Mayor or Aldermen, or any of its departments. They shall be freeholders and their terms of office shall be as follows: One for one year, one for two years, and one for three years, and until their successors are elected and qualified. All vacancies in the Commission shall be filled by the Mayor and Aldermen as in the first instance, so soon after such vacancy occurs as is practicable. In the event of the death, resignation or removal from the city of any member of said commission, the Mayor and Aldermen shall at the next regular meeting, or so soon thereafter as practicable, elect a successor to such member for his unexpired term, so that there shall at all times be three members of said commission; and said commission shall elect its own chairman, and such chairman and each of the other members of such commission shall receive as compensation for their services such amount as may be fixed by a majority vote of the Mayor and Aldermen of said city at the time of the regular annual election of such commission, the same not to exceed the sum of $500.00 per annum to the chairman and $200.00 per annum each to the other commissioners. At the first regular meeting of the Mayor and Aldermen of said city in the month of September, 1913, and annually thereafter, there shall be likewise elected by said Mayor and Aldermen a commissioner to serve on such water and light commission for the term of three years, and until his successor is elected and qualified. Water and light commission. SEC. 5. Be it further enacted, That said water and light commission, in co-operation with the Mayor and Aldermen

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of the City of Cordele, shall, so soon as they are elected and qualified, assume control of such funds as may arise from the issue of any waterworks bonds that have heretofore been voted by said City of Cordele for the purpose of improving, enlarging or otherwise extending the present waterworks plant and system of said city, as well as any funds arising from the sale of any bonds that may be hereafter voted by said City of Cordele for the purpose of purchasing or erecting an electric light and power plant for said city, and, in co-operation with said Mayor and Aldermen, shall have the authority to make all needful contracts and do all needful things that may be necessary for the improvement, enlargement or otherwise extending the present waterworks plant and system of said city, and the purchase or erection of an electric light and power plant and necessary equipment for said city, same to be owned and operated together for the benefit of said city, its inhabitants, property owners and those in its suburbs and vicinity, with the authority herein granted to furnish water, light and power to private consumers. Powers of commission in co-operation with Mayor and Aldermen. SEC. 6. Be it further enacted, That so soon as all necessary machinery and all other needful things have been done for the permanent establishment of an enlarged, improved and extended waterworks plant and system for said city and the same have been installed, and so soon as all necessary contracts for the purchase of an electric light and power plant and necessary equipment and all necessary machinery and appurtenances therefor have been purchased and installed and same is a going concern, then the Mayor and Aldermen of said city shall no longer have any authority over the control and management of such waterworks or electric light and power plants or systems, but the same is hereby vested in such water and light commission

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as is herein provided for, with full power and authority in said commission to maintain, extend, improve, modify and operate the water and electric light and power plants so owned by said city; to appoint and remove at their pleasure all employees of said water, light and power plants; to rent or purchase real estate, apparatus and such personal property as may be necessary to properly conduct the water and electric light and power systems of said city; to hold the title to the same for the city; to collect, receive and disburse all monies arising from the sale of water, electric current or anything due by reason of the operation of such water, electric light and power plants, or for any property that may be furnished to any person or corporation by or from such water, electric light or power plant; to purchase all necessary pipes and to lay the same; to purchase all necessary wires, hose, meters and all other equipment or apparatus that may be necessary for the successful maintenance, extension, improvement and operation of such waterworks, electric light and power plant and hold the same for the use and benefit of said city; to make such by-laws, rules and regulations for their own government and for the government of the employees and for the management of such water, electric light and power plant as they may deem necessary, not conflicting with this Act; to establish such rates of charges for water and electric current as may be furnished to private consumers within said city, its vicinity and suburbs and provide when payment for said water and electric current shall be made and make such rules, regulations and charges for the cutting off and turning on again of the supply of water or electric current to such persons as may have defaulted in payment of the amount due said commission by the time the same was due. Said Mayor and Aldermen shall have authority from time to time to require said water and light commission to erect and maintain

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at such places as it may direct, mains and hydrants for fire protection purposes and lights for the lighting of the streets, and other public places of said city, and said city shall pay said water and light commission such amount as may be agreed upon from time to time by contract between said Mayor and Aldermen in regular meeting assembled, and said water and light commission for the lighting of streets and other public places of said city. The clerk and treasurer of the City of Cordele shall be the secretary of said water and light commission and keep all of its books and papers, his office to be at the municipal building of said city. For this service, said clerk and treasurer shall receive such extra compensation or help as may be provided by the Mayor and Aldermen of said city, and if shall be his duty to, at all times, furnish said commission and any citizen or tax payer of said city with detailed information of the operations and financial condition of said commission and the waterworks and electric light and power system of said city as so operated. Said Commission, by and through its secretary, shall make quarterly reports to the Mayor and Aldermen of said city, showing the amount of money received and from what sources and the amount disbursed and to whom and for what purposes. Authority of Mayor and Aldermen ends, when. Powers of water and light commission. SEC. 7. Be it further enacted, That the Mayor and Aldermen of said City of Cordele shall have authority to pass all ordinances and enforce the same by fine or otherwise, within the limitations of the charter of said city, that it may deem proper for a violation of any of the rules, by-laws or regulations that may be established by said water and light commission, other than the payment of debt, in the maintenance and operation of such water, light and power plant. Legislative power of Mayor and Aldermen. SEC. 8. Be it further enacted, That such water and light

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commission shall pay over to the Mayor and Aldermen of the City of Cordele, either from the sums to be paid said commission by said Mayor and Aldermen for street and public place lighting as hereinbefore stipulated, or in cash at such times annually, or semi-annually, as may be agreed upon between such municipal authorities and such commission, a sufficient sum of money to liquidate the interest and provide a sufficient sinking fund to ultimately retire and pay off all present outstanding bonds that may have been issued by such municipality, or that may hereafter be so issued from waterworks or electric light and power purposes or both. Interest and sinking fund. SEC. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1912. CORNELIA, TOWN OF, CHARTER AMENDED. No. 509. An Act to amend an Act incorporating the town of Cornelia, in Habersham County, approved October 22, 1887, and subsequent Acts amendatory thereto. To confer additional powers upon the corporate authorities, the Mayor and Council of said town, authorizing them to call an election for the issuing of bonds to establish, maintain and operate a system of waterworks and sewerage in said town, and an electric light system, and for other purposes. To have the public school funds due Cornelia each year by the State paid direct to the town

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treasurer of Cornelia. To change the time of holding election for Mayor and Council for said town, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, That Section 6 of an Act to amend an Act entitled an Act to incorporate the town of Cornelia, in the County of Habersham, approved August 7, 1905, be, and the same is, hereby amended by striking out the words not exceeding twenty thousand dollars, in the seventh line of said Section, and by adding in lieu thereof the words, to the full amount of the Constitutional allowance of seven per centum of the assessable value of all the taxable property in the said town, as prescribed by Article 7, Section 7 of the Constitution of Georgia, approved in 1877, as laid down in Section 6563 of the Code of Georgia of 1911, after deducting the outstanding bonded indebtedness due by said town from said seven per centum of the assessable property in said town, so that said Section will read, when amended, as follows: Be it enacted by the authority aforesaid, that the Mayor and Council of Cornelia are hereby this Act authorized and empowered to submit to the qualified voters of said town under the provisions of the Code of Georgia of 1895, Sections 377-381, inclusive, and the Act of the General Assembly of 1897, pages 82, 83, 84 and 85, the question of issuing bonds in a sum to the full amount of the Constitutional allowance of seven per centum of the assessable value of all the taxable property in said town, as prescribed by Article 7, Section 7, of the Constitution of Georgia, approved in 1877, as laid down in Section 6563 of the Code of Georgia of 1911, after deducting the outstanding bonded indebtedness due by said town from the said seven per centum of the assessable property in said town, to be sold for the purpose of establishing, building,

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maintaining and operating a system of waterworks, sewerage, etc., or a system of electric lights; one or all of said systems may be submitted to the voters by the Mayor and Council for the town of Cornelia, and at said election the voting shall be by ballots, and the ballots shall have written or printed on them the words: For waterworks and sewerage and bonds, or Against water-works and sewerage and bonds, or For electric lights and bonds, or Against electric lights and bonds, as the case may be. Cornelia, town of, bond election. Said Mayor and Council having the right authority and power to call an election at any time not oftener than every six months until the question carries, an election for the qualified voters of said town to vote upon the question of the issuing of bonds, aforesaid, for the purposes aforesaid. Should the result of any of said elections be in favor of waterworks and sewerage and bonds, or in favor of electric lights and bonds, or both, as the case may be, then the Mayor and Council of said town of Cornelia shall be, and they are hereby authorized and empowered by complying with the general law, above referred to, to issue bonds for said purposes, not exceeding the sum specified in the notice given of said election, which notice must be given at least thirty days next preceding said election, which notice must be published in the newspaper that Sheriff's legal advertisements appear at the time, and the notice must specify the day the election will be held, the purpose, the amount of the bonds, the number, the interest they shall bear, when they are to be paid in full, and how much is to be paid of principal and interest annually. Calling of election. SEC. 2. Be it further enacted by the authority aforesaid, That Section 6 of an Act amending the charter of Cornelia, approved December 29, 1890, be, and the same is,

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hereby amended by striking out the words thirty days from the fifteenth line of said Section, and adding in lieu thereof the words ninety days, or may be sentenced to work at hard labor on the streets of Cornelia for any length of time, not to exceed ninety days. So that said Section will read, when amended, as follows: Be it further enacted by the authority aforesaid, That the Mayor of said town, or in his absence the Mayor pro tem., shall constitute a Court for the trial of all offenders against the ordinances of said town, and shall hold his Court at such time and place within the corporate limits as he may see proper. Punishment for violation of ordinances. In the trial of offenders he shall have power to issue subp[oelig]nas and compel the attendance of witnesses, and have all other necessary powers to enable him to hear and determine the cases before him. He shall have power to punish for contempt of his Court by a fine not exceeding five dollars, or by imprisonment not to exceed one day of twenty-four hours. Persons found guilty by him of volating any ordinance of the town may be fined in any sum not to exceed one hundred dollars, or may be imprisoned for any length of time not exceeding ninety days, or may be sentenced to work at hard labor on the streets of Cornelia for any length of time not to exceed ninety days, or both fine and imprisonment may be inflicted. Any person who may be found guilty and sentenced by the Mayor may appeal to the Council under such rules as may be made by the Council regulating appeals, and such case shall then be tried over by the Mayor and Council de novo, the Mayor having no vote in such appeal trials except

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in case of a tie, but it shall be his duty to preside, or in his absence the Mayor pro tem. shall preside. SEC. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That the date of holding elections for Mayor and Councilmen for the town of Cornelia be changed from the first Saturday in January of each year to the first Saturday in May of each year. Election of officers. The Mayor and Council when thus elected shall take their office and qualify on the first Monday in June of each year. The Mayor, William Eberhart, and Councilmen, J. W. Peyton, J. T. King, and G. B. Irvin, now in office, shall remain in office until the first regular election on the first Saturday in May, 1913, and until their successors are elected and qualified. M. N. Crow and S. R. Christie, Jr., Councilmen, now in office, shall remain in office until the first Saturday in May, 1914, and until their successors are elected and qualified. SEC. 4. Be it enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the State School Commissioner of Georgia shall pay the public school funds due to the public schools of Cornelia direct to the treasurer of Cornelia, whereas it is now paid the County School Commissioner of Habersham County. Public school funds. SEC. 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That Section three of an Act to amend the charter of Cornelia, approved December 20, 1900, be, and the same is, hereby

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amended by adding the following words: Commencing at the word duties in the fourth line of said Section, and powers. The Mayor and Council of said town may, by ordinance, confer power upon said board to employ teachers, fix the salary of the same and the time and manner in which the same shall be paid, and to do any and all things necessary for the controlling and operating the free schools of said town; provided, that at no time shall said school board incur any debt or expense in the operating and maintenance of said schools in excess of the total sum reported to them by the Council as appropriated as school funds for the year in which said expenses were incurred. The school board may elect a treasurer, whose qualification must be the same as now prescribed for the town treasurer of Cornelia. Said treasurer shall give a bond with good and sufficient security, to be approved by the Mayor, in a sum designated by the town Council for the faithful performance of his duties. The School Board shall designate the duties of said treasurer, and the said board shall make a quarterly report to the Mayor and Council of all monies expended by them and for what purposes. So that said Section, when amended, will read as follows: Be it further enacted, That the Mayor and Council of said town shall provide by ordinance such rules and regulations as to them may seem proper for the election by them of a board of trustees to govern and control said schools, defining their duties and powers. School trustees. The mayor and council of said town may, by ordinance, confer power upon said board to employ teachers, fix the

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salary of the same and the time and manner in which the same shall be paid, and do any and all things necessary for the controlling and operating the free schools of said town; provided, that at no time shall said school board incur any debt or expense in the operating and maintenance of said schools in excess of the total sum reported to them by the Council as appropriated as school funds for the year in which said expenses were incurred. Employment of teachers. The school board may elect a treasurer, whose qualification must be the same as now prescribed for the town treasurer of Cornelia. Said treasurer shall give bond with good and sufficient security, to be approved by the Mayor, in a sum designated by the town Council for the faithful performance of his duties. Treasurer and his duties. The said school board shall designate the duties of said treasurer, and said school board shall make a quarterly report to the Mayor and Council of Cornelia of all monies expended by them, and for what purpose. The Mayor and Council may do all other acts and things necessary for the purpose of maintaining said schools by taxation, license, tuition fees, and other means that they may adopt. SEC. 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That Section 5 of an Act amending the charter of Cornelia, approved December 20, 1900, be, and the same is, hereby amended by adding in the third line of said Section, after the word paid the following words: Provided, however, that the mayor and council may, by ordinance, delegate to the school board the power to employ teachers, fix the salaries of the same and the time and manner in which the same shall be paid, and to do any and all things necessary

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for the controlling and operating the free schools of said town; the and adding in the fourth line of said Section, after the words school funds the following words: The Mayor and Council may direct the town treasurer to turn over to the treasurer of the school board all the public school funds collected by him. And by striking out the word they in the fourth line of said Section, and adding the words the Mayor and Council of said town. And by striking out the words from the tenth, eleventh and twelfth lines of said Section: But in no event shall the same be more than fifty cents per month for the children living within said school district, and adding in lieu thereof the words: By the school board according to the grades entered. So that said Section, when amended, will read as follows: Be it further enacted, That the Mayor and Council shall fix the salaries of the various teachers and the time and manner in which the same shall be paid. Provided, however, That the Mayor and Council may, by ordinance, delegate to the school board the power to employ teachers, fix the salary of the same, and the time and manner in which the same shall be paid, and to do any and all things necessary for the controlling and operating the free schools of said town. The Council shall require the treasurer to receive and pay out all school funds. School funds. The Mayor and Council may direct the town treasurer to turn over to the treasurer of the school board all the public school funds collected by him.

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The Mayor and Council of said town shall annually, at the regular annual meeting, after election and qualification, fix a sum total, which may be applied to the public schools during the year, and shall make a report to the school board of the sum total which may be applied to the free schools during the year, and no greater sum shall be applied during said year. Said sum shall be made up as follows: A tuition fee may be fixed for children residing within said corporation, and a larger fee fixed for children living without said corporation, by the school board according to the grade to be entered, which fee may be required in advance. Tuition fees. No child shall within said school district be deprived of the benefit of the public school fund to which it may be entitled. One-half of all the license funds shall be estimated and set apart for educational funds, and if Council should adjudge that the school fund would not be sufficient, the said license fund, together with other funds for said school, then the Mayor and Council shall levy an ad valorem tax not to exceed fifty cents on one hundred dollars, to be collected as other ad valorem taxes are collected, and apply the same to the funds for public schools. School tax. SEC. 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912.

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CREST, TOWN OF, INCORPORATED. No. 425. An Act to incorporate the town of Crest, in Upson County, to define the limits thereof, to provide a municipal government, to confer certain powers and privileges on 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 the passage of this Act, the town of Crest, in the County of Upson, be, and it is, hereby incorporated as a town under the name and style of the town of Crest. The boundaries or corporate limits of said town shall embrace all that land within the limits of one-fourth () of one mile in every direction from the center of the depot of the Macon Birmingham Railway Company, now located in said town of Crest, on the north side of the tracks of the said railway company. Crest, town of, incorporated. Corporate limits. SEC. 2. Be it further enacted, That the government of said town shall consist of a Mayor and five Councilmen, who shall have been bona fide residents of said town for the space of three months before or immediately preceding their election to office. Said municipal government shall be styled the town of Crest, and by that name made a body corporate. As such the town of Crest 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. Mayor and Councilmen.

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That said Mayor and Council may pass such ordinances, rules and by-laws or resolutions not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, or of the United States, which they may deem necessary for the good government of said town, the protection of property therein, the peace and comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for the violation of such ordinances, etc., and enforce said penalties when they have been fixed. Legislative powers. SEC. 3. Be it further enacted, That D. L. Long be, and he is, hereby appointed Mayor of said town, and that L. M. Black, L. L. Torbert, L. A. Mallory, J. D. Long and J. W. Bussey are appointed Councilmen thereof: D. L. Long, L. M. Black and L. L. Torbert to hold office until the regular December, 1912, election, or until the election and qualification of their successors in office; and L. A. Mallory, J. D. Long and J. W. Bussey to hold office until the regular December, 1913, election, or until the election and qualification of their successors in office. First Mayor and Councilmen appointed. SEC. 4. Be it further enacted, That on the second Monday in December, 1912, and annually thereafter, on the same day in the same month, an election shall be held in said town for Mayor and Councilmen, as their terms of office shall expire respectively as indicated in Section 3 of this Act. 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 before entering on the discharge of their duties, the Mayor and Council shall take and subscribe to the following oath: I do solemnly swear that I will well and truly perform the duties of

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Mayor (or councilman as the case may be) of the town of Crest to the best of my ability, without fear or favor. So help me God. Oath of Mayor and Councilmen. SEC. 6. Be it further enacted, That all persons residing in the town of Crest, 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 previous to the year in which the election is held, and have resided in the town of Crest three months immediately to the day of the election, shall be considered electors and entitled to hold office in said town and to vote in any election held in said town and none others. Qualified voters. SEC. 7. Be it further enacted, That all contests concerning elections for Mayor and Councilmen in and for the town of Crest shall be held and determined by the Ordinary of said County of Upson, and shall be governed by the same rules as are provided for contests before such officer under Section 125 of the Code of Georgia, adopted in 1911; but no contest shall be allowed or heard unless begun in five days after said election. Contests. SEC. 8. Be it further enacted, That in the event that the office of Mayor or any Councilman shall become vacant by death, removal or otherwise, the Mayor, but in case his seat is vacant, a majority of the Councilmen, shall order on election to fill such vacancy, notice of which shall be given at least ten days by posting written notices of the same in two or more public places in said town, or publishing such notice in any newspaper published in said town once a week for two weeks. Vacancies, how filled. SEC. 9. Be it further enacted, That said Mayor and Councilmen shall at the first meeting in January, of each

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year, after the election, be sworn in as such officers, and shall then elect from their body a Mayor pro tem., who shall have authority to discharge all of the duties of the Mayor whenever from sickness, absence, or other cause the Mayor cannot act. Also at such time said Mayor and Council shall elect, from their body or not, as they deem best, a clerk and treasurer, this office to be filled by one and the same person should they see proper to so do, and also shall elect a marshal and such other officers for said town as they may deem best for the proper government of said town; it being the intention of this Act to elect all officers, as herein given the said Mayor and Council power to so to do, annually. And the Mayor and Council shall require bond with good and sufficient security from such officers as marshal, clerk and treasurer for their faithful discharge of duty, etc., as they shall deem best, and shall have the right to require bond of all officers appointed by them. Further, the compensation of the Mayor and Council for each officer shall not exceed thirty ($30.00) dollars per annum, and the Mayor and Council shall be allowed to fix the salaries of all officers appointed by such body, which must be done before their election, and no salary of any officer shall be changed during his term of office. All officers elected by the Mayor and Council shall take an oath also, such as may be prescribed by said Mayor and Council, before the entering upon the discharge of their duties. Mayor pro tem. Other officers. Bonds of officers. Compensation of officers. SEC. 10. Be it enacted further, That there shall be a Mayor's Court in said town to be 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 to preserve order and compel the attendance of witnesses, and to punish for contempt by imprisonment in the town prison not exceeding five days, a fine not exceeding

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ten dollars and five days work on the public streets of said town; either one or all in the discretion of the Court. In the absence or disqualification of the Mayor and Mayor pro tem. of said town, any member of said town council may preside over said Court, and exercise the power of Mayor of said town in the trial of cases. Mayor's Court. SEC. 11. Be it further enacted, That the Mayor shall be the chief executive officer of said town, and shall see that all ordinances, rules and regulations of said town are properly executed. He shall approve all bills against the town before they are paid by the treasurer. He shall have general jurisdiction of the affairs of said town not in conflict with the jurisdiction of the Mayor and Council as a body corporate. He, in conjunction with the police committee, if one should be appointed by the Mayor and Council, shall have control of the marshal and other police officers of said town, and may appoint special police whenever in his or their judgment it is necessary. The Mayor shall be exofficio chairman of all general committees appointed by the Mayor and Council, it being in their power to appoint all committees from their body they may deem proper. The Mayor shall have the same powers of a Justice of the Peace to issue warrants for offenses against the State laws committed in said town, and to hold Courts of inquiry and to bind over offenders to courts of competent jurisdiction, and shall receive the same fees as are allowed Justices of the Peace for similar work under the laws of the State of Georgia. Also the Mayor shall have the right to commit any person for the violation of any State offense without the issuing of a warrant, when such person shall have been brought before him for a violation of any ordinance of the town of Crest, and there is probable cause to suspect that such person has violated a State law, etc. Mayor's powers and duties. Commitments.

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SEC. 12. Be it further enacted, That they Mayor in his discretion, may allow the accused in his 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 docket opposite said case, the words Bond forfeited, and shall at once issue order requiring principal and security to show cause at a future time why said bond should not be forfeited, and judgment absolute entered against them for the full amount of the bond and cost. A copy of said order shall be served on the principal and his security by the town marshal or his deputy, if within the corporate limits of the town, at least ten days before the day fixed for the trial of said case, and in the event said persons are beyond the limits of the town, service may be perfected by posting notices at three or more places in said town, for the space of ten days. If said defendant or his bondsman should not appear, and fail to show good 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 fi. fa. to be issued and enforced as hereinafter provided for all executions. No bond shall be taken by said Mayor or required of him for the appearance of any offender exceeding in amount the sum of one hundred dollars. Appearance bonds. SEC. 13. Be it further enacted, That the Mayor and Council of the town of Crest shall be authorized to pass any ordinance for the punishment of offenders against the ordinance of said town not to exceed seventy-five dollars, fifty days in the town prison and fifty days on the streets or public works of said town; either one or all, in the discretion of the Court trying the same. Punishment of offenders.

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SEC. 14. Be it further enacted, That all persons tried and fined in Mayor's Court shall have the right of appeal from the decision of the Mayor or Mayor pro tem. to the Council of the town of Crest and shall be given four days in which to enter the same. And if given their liberty pending said appeal, they shall give bond for their appearance, etc., as hereinbefore provided. In all cases made and to be tried before the Mayor's Court, or before the Council on appeal, the defendant shall have the right of giving a cash bond for his or her appearance, etc., and should-they fail to appear within ten days after the case is set for trial, they shall forfeit such cash bond and the trial Court shall pass an order directing such amount to be paid into the treasury of the town of Crest. Appeals. SEC. 15. Be it further enacted, That the marshal, deputy marshal or any policeman lawfully appointed in said town may arrest without warrant any person he may see violating any ordinance of said town, or any person reported to him as having violated any ordinance of said town, and carry said offender to the Mayor's Court for trial. And to this end, he may summons any person a citizen of the town of Crest or any number of said citizens as a posse to assist in such arrest. Said arresting officer shall at once notify the person arrested of the charge preferred against him or her, and such person shall have a reasonable time to prepare for trial. Arrests. SEC. 16. Be it enacted further, That the Mayor and Council shall have authority to remove or abate all nuisances in any part of the town, whether on the streets or elsewhere, under such rules and such manner as they may provide by ordinance or resolutions. They shall also have power and authority to prevent by ordinance and suitable

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penalties, the running at large of stock, horses, mules, cattle, hogs, sheep, goats or other 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 feed bills are not to exceed those allowed constantables under the laws of the State. Nuisances. Impounding of animals. SEC. 17. Be it further enacted, That the Mayor and Council of said town shall have control of the streets, sidewalks, bridges, alleys, cemeteries and public property in said town, and they shall prohibit any encroachment thereon or any interference therewith, and they shall have power to locate all cemeteries therein. They shall also 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 laws of this State for condemning property for public uses. Streets, etc. SEC. 18. Be it further enacted, That said Mayor and Council shall have authority to compel every male inhabitant of said town who has resided in the town of Crest 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 may direct by ordinance, not exceeding six days for any one year. Those subject to work on the streets shall have the right to relieve themselves of said work by paying to said town authorities a commutation tax not to exceed three dollars per annum, to be fixed by ordinance. Said work to be done and said commutation tax to be paid when or at such times as the Mayor and Council may prescribe by ordinance. Said town authorities shall have the right also to pass such ordinance fixing

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a penalty for failure to work streets or to pay the tax as herein required, as in their judgement they deem best. Street duty. Commutation tax. SEC. 19. Be it further enacted, That said Mayor and Council shall or may levy and collect for town purposes a tax not to exceed one-fourth () of one per cent. on all real and personal property in said town, and which is subject to be taxed under the laws of Georgia; said tax to be assessed in the manner now provided by law for assessing taxes on property in municipal corporations, found in Sections 862 and 863, Chapter 2, Article 1, of the Code of Georgia, 1911. Said property to be assessed at its value on the first day of April of each year. The tax thus provided for shall be due and payable on the first day of December of each year, beginning with the year 1913. Also said Mayor and Council shall have the right to levy an occupation tax on all kinds of business callings, professions or occupations carried on in said town, except those exempted by the State law, and to enforce the collection of the same in the manner hereinafter provided, or to punish by proper ordinance any person failing to pay said tax or the license fee before engaging in business. Ad valorem tax. Occupation tax. SEC. 20. Be it further enacted, That said Mayor and Council shall have the right to tax all shows, auctioneers, slight of hand performances, gift enterprises, pool and billiard tables, wheels of fortune, and all other enterprises of like character, as they deem right and for the best interest of the town. And they shall have the authority to enforce the collection of the same by execution as hereinafter provided, or to impose a penalty by proper ordinance for the failure to pay the same. Special tax. SEC. 21. Be it further enacted, That the collection of all taxes, fines, forfeitures, commutations or license fees

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may be enforced by execution, levy and sale of property, as in case of property liable for State and county taxes. The execution so issued shall be signed by the Clerk of the town council and countersigned by the Mayor of said town of Crest; and all levies to be made by the marshal or his deputy, and to be conducted as sales by the Sheriffs of this State in cases of tax executions, except when personal property is levied on, then the same shall be advertised at three or more public places in said town for ten days, and shall then be sold on the day named in the advertisement between the hours of ten o'clock a.m. and four o'clock p.m. Collection of taxes. SEC. 22. Be it further enacted, 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 work or services. That all fees so collected, under ordinances passed by said Mayor and Council, by any officer of said town, shall be paid into the treasury of said town and become a general fund subject to draft, etc., to defray the expenses of the town. Fees of officers. SEC. 23. Be it further enacted, That the Mayor and Council of said town shall have the authority to pass any ordinance not in conflict with the laws of the State of Georgia, to prohibit the storage or keeping on hand for sale or other illegal purposes 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. Legislative powers. SEC. 24. Be it further enacted, That the Mayor and Council shall meet for the transaction of business at such times and places as they may prescribe. At all meetings,

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the Mayor, if present, shall preside, but shall have no vote upon any question to be decided by the Council except in case of a tie, when he shall cast the deciding vote, and also except in the election of officers annually, when the Mayor and Council shall all vote, it being necessary, in order to elect, to have a two-thirds majority. Four shall constitute a quorum in all meetings of the Council. Meetings of Mayor and Council. SEC. 25. 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, 1912. DALLAS, TOWN OF, CHARTER AMENDED. No. 580. An Act to amend Section 69 of an Act of the General Assembly of Georgia, approved August 21, 1911, creating a new charter for the town of Dallas, Georgia; by striking the words `fifty cents in the tenth line of said Section 69, and inserting in lieu thereof the words seventy-five cents, so as to empower the Mayor and Aldermen of said town to levy and collect and ad valorem tax in said town, not to exceed three-fourths of one per cent. on the taxable property 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 69 of an Act of the General Assembly

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of Georgia, approved August 21, 1911, creating a new charter for the town of Dallas, be, and the same is, hereby amended by striking the words fifty cents in the tenth line of said Section 69 of said Act, and substituting in lieu thereof the words seventy-five cents, so that said Section, when amended, shall read as follows: Section 69. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintenance of the government of the said town of Dallas, the Mayor and Aldermen of the said town shall have full power and authority for the assessment levying and collecting of an ad valorem tax upon all real and personal property, including money, notes, bonds and other evidence of debt, money used in banking and every other species of property in said town, owned or held therein, if not exceeding seventy-five cents on one hundred dollars, exclusive of the taxes for the public schools, interest on a bonded debt, and sinking fund for the purpose of paying the principal of any bond hereinafter issued, said Mayor and Council shall have the power and authority to provide by ordinance for the returns of all taxable property in said town, and to provide penalties for the refusal or neglect to attend to the same. Dallas, town of, ad valorem tax. SEC. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into effect until the same shall have first been submitted to the qualified voters of said town of Dallas, at an election to be called by the Mayor and Aldermen of said town, to be held not sooner than forty-five days after the passage of this Act and the approval of the Governor, and shall have received a majority of all the votes cast in said election. Said election shall be held at the same place, and under the same

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rules and regulations as are provided for the election of Mayor and Aldermen of said town. Those voting for the ratification of this Act shall have written or printed on their ballots For ratification of Act amending Section 69 of the charter of Dallas, and those voting against said Act shall have written or printed on their ballots Against ratification of Act amending Section 69 of the charter of Dallas. If a majority of all the votes cast at said election be in favor of ratification of this Act, then all the provisions of this Act shall go into full force and effect; but if a majority of all votes cast be against ratification of this Act, then this Act shall be null and void and of no effect. The managers of said election shall consolidate the vote, declare the result, and certify the same to the Mayor and Aldermen, who shall cause the same to be entered upon their minutes. Election for ratification of this Act. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. DALTON, CITY OF, CHARTER AMENDED. No. 350. An Act to amend the various Acts incorporating the City of Dalton in the County of Whitfield; to authorize said city to maintain an electric light plant and power plant, and furnish lights and power to its inhabitants, 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 authority of the same, That from and after the passage of this Act the City of Dalton, in the County of Whitfield, said State, shall have authority to maintain therein an electric lighting plant and power plant, for the purpose of furnishing electricity for lights and power to the inhabitants thereof. Said city, through its proper municipal authorities, shall have authority to erect, maintain, add to, and do all things necessary to the maintenance of such plant, shall have authority to build lines and wires for the transmission of electricity anlwhere within the corporate limits of said city, and may, in its discretion, do all things necessary to secure the proper maintenance and operation of said plant, such as wiring the houses of its citizens for the purpose of furnishing them with electricity for light and power, and any and all things which they may deem proper in their discretion as city officials. Dalton, city of, electric lighting and power plant. SEC. 2. Be it further enacted by the authority aforesaid, That in so far as said city may have used any of the powers herein given without express legislative authority in building and operating a light and power plant along the lines herein authorized, their actings and doings are confirmed and approved. Work already done confirmed and approved. SEC. 3. Be it further enacted by the authority aforesaid, That in so far as the charter authorities herein given may add to any of the various Acts incorporating the City of Dalton, said Acts and all of them be, and they are, hereby amended by adding such authority to the powers of said city. Added authority. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts thereof herewith conflicting, are hereby repealed. Approved July 29, 1912.

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DECATUR, TOWN OF, AUTHORIZED TO CONDEMN LAND FOR SCHOOL PURPOSES. No. 549. An Act to authorize the town of Decatur, in the county of DeKalb, to condemn land for school purposes, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the town of Decatur, in the county of DeKalb, through its Mayor and Council, shall be, and hereby is, authorized and empowered to condemn land for school purposes; provided, that no land shall be taken and used by said town for school purposes without just and fair compensation being first paid therefor. Decatur, town of, condemnation, right of for school purposes. SECTION 2. Be it further enacted, That the method and procedure for condemning property under this Act shall be as prescribed in the Act of the General Assembly, approved December 18, 1894, and found upon page 95 of the Acts of 1894, now contained in Section 5206, et seq., of the Civil Code of 1910. Procedure to condemn. SECTION 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 19, 1912.

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DOERUN, CITY OF, INCORPORATED. No. 618. An Act to amend, revise, consolidate and supercede the several Acts incorporating the town of Doerun, in the County of Colquitt, State of Georgia, and to create and establish the City of Doerun, and to create and regulate municipal government for said city; define the rights, powers and duties of the same; to repeal conflicting laws, 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 and approval of this Act, the inhabitants of the territory hereinafter set out in this Act as the boundary of said City of Doerun, and who reside within said boundary of the City of Doerun, be, and they are, hereby incorporated under the name and style of the City of Doerun; and the said City of Doerun is hereby chartered and made a city under the corporate name of the City of Doerun, 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 limits shall be vested in the said City of Doerun; and the said City of Doerun as incorporated in this Act may in its name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its Mayor and Council all such ordinances, by-laws, rules, regulations and restrictions for the transaction of its business, peace, good order, health, welfare and proper

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government of said city 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. And the said City of Doerun shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity or for a term of years, any property, estate or estates, real or personal, lands, tenements and hereditaments of whatsoever kind within or without the limits of said city for corporate purposes. Said City of Doerun as incorporated under this Act, shall succeed to all rights of, and is hereby made expressly responsible as a body corporate for all legal debts, liabilities and undertakings of the town of Doerun, its Mayor and Council, as a body corporate as heretofore and in previous Acts incorporated. Doerun, City of, incorporated. Powers. SEC. 2. Be it further enacted, That the corporate limits of the City of Doerun shall extend one-half () mile from the center of the town of Doerun, and the said corporate limits shall be the same as the town of Doerun under the Acts incorporating the same; provided, that the Mayor and Council shall be empowered to extend the limits of said City of Doerun to three-fourths ([frac34]) mile, by ordinances; pro -vided, further, that the extension shall not be made except two-thirds ([frac23]) of the legally qualied voters of said City of Doerun shall vote in an election held for that purpose to extend the limits to three-fourths ([frac34]) mile, and in that event the parties who will be included in the new territory shall be allowed the privilege of voting and participating in said election as other qualied voters of said town. Corporate limits. Election to extend limits. SEC. 3. Be it further enacted, That the municipal government of said City of Doerun shall be vested in a Mayor and five (5) Councilmen; that the present Mayor and Councilmen

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shall hold their offices for the full time for which they were elected, and shall have power and authority to exercise all the rights and powers granted under and by virtue of this charter, and shall hold their offices until their successors are elected and qualified. Mayor and Councilmen. SEC. 4. Be it further enacted, That there shall be held on the first Saturday in December, 1912, an election, at which election a Mayor and five (5) Councilmen shall be elected; the term of the Mayor, who shall be elected at said election, shall be for two (2) years from the first Wednesday in January, 1913, and the two Councilmen who receive the highest number of votes at said election shall hold office for a term of two years from the first Wednesday in January, 1913, and the remaining three (3) Councilmen elected shall hold office for a period of one (1) year from the first Wednesday in January, 1913. On the first Saturday in December, 1913, an election shall be held, at which election three (3) Councilmen shall be elected to hold office for a term of two (2) years, and thereafter there shall be held annually on the first Saturday in December of each year an election, at which election there shall be elected officers to fill the terms expiring on the first Wednesday in January thereafter; all officers shall hold their offices until their successors are elected and qualified. On the first Wednesday in January, 1912, or as soon thereafter as practicable, the Mayor and Councilmen-elect shall meet at the usual place for holding Council meetings in said City of Doerun, and shall there severally take, before some officer authorized to administer oaths by law, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as Mayor (or as Councilmen, as the case may be) of the City of Doerun for the ensuing term, and that I will faithfully enforce the charter and ordinances of said

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City of Doerun to the best of my ability, without fear or favor, and will in all my actions as Mayor (or Councilmen) act as I believe for the best interest of said city, so help me God. Should the Mayor or any Councilmen be absent from said meeting, he or they may take said oath of office as soon thereafter as possible. The Mayor and Councilmen shall provide by ordinance for regular meetings, not fewer than one each month, and may hold such special meetings as the business of said city may require, to be convened as provided by ordinance. Election of Mayor and Councilmen. Oath of Mayor and Councilmen. In the event the office of Mayor or any one of the Councilmen may become vacant by death, resignation or removal from the town or otherwise, the Mayor and Council, or in the case the Mayor's office is vacant, the Council, shall order an election for the purpose of filling the vacancy and vacancies by giving such notice as will be provided by ordinance, and the election shall be held, returns made, and results declared in the same manner as in the regular elections for Mayor and Councilmen as hereinafter prescribed; pro -vided, that should the vacancy or vacancies occur within sixty (60) days perceding the regular election in said city, then and in that event the vacancy or vacancies may be filled by the Mayor and Council or the Mayor pro tem. in the case of the vacancy in the Mayor's office, and Council; the person so elected shall be duly empowered and qualified to fill the vacancy until the regular election. The Mayor and Council shall, at their first meeting after being elected or as soon thereafter as practicable, elect from their number a Mayor pro tem., who shall in the absence of the regular Mayor, act for him and in his stead, and will be clothed with all the power vested in the duly elected Mayor. Should the Mayor or any one of the Council fail or refuse to perform the duties of his office for the period of two consecutive

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months, the office may be in the discretion of the Council or the Mayor and the remaining members of the declared vacant by resolution, and the vacancy filled as provided; provided, the failure or refusal is not from Providential causes. Vacancies, how filled. Mayor pro tem. 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 City of Doerun, 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; provided, that in the absence of the Justice of the Peace or other judicial officer three (3) freeholders shall be qualified to act as managers. Each of said managers before entering upon his duties shall take and prescribe before some officer authorized to administer oaths the following oath: Each of us do swear that we will faithfully and impartially conduct this election according to law, and will prevent all illegal voting, to the best of our skill and knowledge, and make true returns thereof, so help me God. Elections, how held. 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 in the city hall or other convenient place designated by the Mayor and Council, and the voting shall be by ballot. The polls shall be opened at 8 o'clock a. m. and closed at 3 o'clock p. m., standard or central time. The persons receiving the hghest number of votes for the respective offices shall be elected. The managers and clerks for all elections held under the provisions of this charter shall be named and appointed by the Mayor and Council prior to the election, and the Mayor and Council shall determine and provide for the pay of the managers and clerks.

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SEC. 6. Be it further enacted, That said managers shall certify to 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 signature, and shall forthwith deliver same to the Ordinary of Colquitt 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 city, who shall safely keep 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 said Mayor and Council, who shall open the same and declare results therefrom. If any election in said city is contested, notice of said contest must be filed in writing with the Ordinary of Colquitt County, plainly setting forth the grounds of contest or ellegality, within ten days after said election, and upon payment of $10.00 as a guarantee of costs to said Ordinary in advance by contestant or contestants. The Ordinary shall within three days after the contest is filed make a copy of same and cause same to be served by the Sheriff or his deputy upon 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 the Ordinary shall cause the notice and copy to be served on the Mayor; said Ordinary shall in hearing the contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice, the contestant shall pay to the Sheriff or his deputy two dollars for serving notice of contest. The contest shall be heard at the office or the Ordinary of Colquitt County, and he shall be empowered to have any and all witnesses and records brought before him in determining said contest, and it is the duty of said Ordinary to hear and decide, and he is directed to hear and determine

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all contests, and the losing party shall pay all costs for which the said Ordinary shall issue the usual executions when necessary. Return of elections. Contests. SEC. 7. Be it further enacted, That all persons qualified in the State for members of the General Assembly, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and who shall have resided in said city sixty days 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. Qualified voters. SEC. 8. Be it further enacted, That it shall be the duty of the clerk of said city, upon the first Monday in November in each year, to open a registration book for the purpose of registering the qualified voters of said city. Said book shall be kept open at such hours as the Mayor and Council shall direct, each and every day (Sundays and legal holidays excepted) until the Monday before the first Saturday in December, when it shall be fairly and absolutely closed. Said clerk shall not knowingly allow any one to register who is not lawfully qualified 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 this State for twelve months, in this county for six months, and in Doerun sixty days next preceding this registration, or that by date of next city election, if then a resident, you will have done so, and that it is your intention to remain a resident until said day of election; that you are twenty-one years of age or will be so prior to said election; that you have paid all taxes required

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by the laws of this State, except taxes for this year, so help you God. It shall be the duty of the clerk to prepare a list of said names of registered voters, after it has been purged by the Mayor and Council, in alphabetical order, certified under his official signature and seal of office, at or before the polls are open. The managers shall keep said list before them during the election and shall not permit anyone 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 whites and colored shall be kept separately. Registration of voters. For any intermediate or special election in said city for any purpose, the clerk shall open the registration book at least sixty days before the date fixed for said election and shall close same twenty days before said election and prepare and furnish the registration list as hereinbefore provided. Notice of the opening of the registration books 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 city may certify under his official signature and seal to such accidental omission to place his name on the list, and that he was duly and legally registered in due time and form before the registration books were closed, and thereupon by filing said certificate with the managers, such person shall be allowed to vote. Any person voting in any election held in said city, who is not qualified to vote therein, under the provision of this Act shall be guilty of a

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misdemeanor, and upon conviction thereof shall be punished as provided by the 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 from voting for any lawful reason; provided that before removing any name therefrom, written notice shall be served upon the person or persons deemed disqualified, at least twelve hours before the final hearing thereon by the Mayor and Council, that such person may show cause, if any, why such action should not be taken. Notice of opening of registration books. Illegal voting, penalty for. SEC. 9. 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, or as soon thereafter as practicable, after the regular municipal election of each year in December, for the purpose of reorganization, at which time the Council shall elect one of their number Mayor pro tem. for the period of one year. 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 is necessary; a city attorney, if they deem one needed, a superintendent of waterworks, and such other employees of said department, and such other city officers as the Mayor and Council shall deem necessary in the government of said town, to be fixed by ordinance. Mayor pro tem and other officers. Each of said officers shall take such oaths of office, give such bonds, and perform such duties as shall be fixed by ordinance; provided, all official bonds shall be made payable to the City of Doerun. Said Mayor and Council shall have power and authority, in their discretion, to suspend and remove such officer from office or impose such fines on said

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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. Oath and bonds of officers. It shall be the duty of the Mayor and Council, prior to their election, to fix the salaries, fees, or compensation of all officers, agents or employees of said city, 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 for the period of one year, and until their successors are appointed, elected and qualified. Compensation of officers. SEC. 10. Be it further enacted, That the Mayor or Mayor pro tem. and three Councilmen shall constitute a quorum for the transaction of business, the majority of the votes cast shall determine the question before them; provided, That the Mayor or Mayor pro tem., if he is 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 city funds, or fixing the salaries of officers, agents or employees, shall be by the years and nays, duly recorded upon 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 taken and recorded on minutes. Quorum. The Mayor or Mayor pro tem., when performing the duties of Mayor, shall have a 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 regular meeting thereafter, it shall be passed over his veto by a two-thirds vote of the entire Council duly recorded on the minutes;

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but unless he shall file in writing with the clerk of the 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 the Mayor, but he may approve the same in writing and the measure shall go into effect immediately. Veto power of Mayor pro tem. SEC. 11. Be it further enacted, That the Mayor of said city shall be the chief executive officer of the City of Doerun. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully, fully and impartially executed and enforced, and that all officers, employees and agents of said city faithfully and impartially discharge the duties required of them. Duties and powers of Mayor. He shall have the general supervision and jurisdiction of the affairs of said city, 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 in writing. He shall have general supervision and jurisdiction provided for by ordinance or resolution of Council. SEC. 12. Be it further enacted, That it shall be lawful for the marshal, or any police officer of said city, to arrest without warrant any person or persons within the corporate limits of said city, who at the time of arrest, or before that time, has or have been guilty of violating any ordinance of said city, or who he has reasonable belief or reliable information has or have been guilty, and to hold such persons 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 city prison, or in the

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jail of Colquitt County, for a reasonable length of time. The marshal and the 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 person with violating the criminal laws of this State. The marshal and police officers of said city are also authorized to arrest anywhere in the State any person charged with violating any ordinance of said city; 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 offenders outside the corporate limits of said city, except in obedience to written warrant signed by the Mayor, Mayor pro tem., or acting Mayor. Said marshal and police officers may take bonds for the appearance of any person arrested by them for violations of city ordinances before the police court for trial and all such bonds may be forfeited as hereinafter provided for forfeiture of appearance bonds by the Mayor, Mayor pro tem. or acting Mayor. The Mayor and Council of said city shall have power and authority to authorize and enforce the marshal or any police officer 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 criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey said summons. Arrests. Appearance bonds. SEC. 13. Be it further enacted, That the Mayor and Council shall have the power and authority to establish and prescribe by ordinance a fee and cost bill for the officers of said city, which said fees and cost when collected shall be paid into the city treasury and an accurate account kept thereof. All compensation of any paid officer or official of said city shall be by salaries, fixed by ordinance, and regularly drawn from the treasury by the customary

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warrants, and no officer of said city shall receive or be entitled to receive any other compensation than as so fixed, nor any part of the fees or cost as above provided. Fee and cost bills. SEC. 14. Be it further enacted, That the Mayor, or in his absence or disqualification, the Mayor pro tem., or in the case of the absence or disqualification of both the Mayor and the Mayor pro tem., any Councilman of said city, to be designated by writing by any other two Councilmen, may hold and preside over a Court in said city to be called a Police Court, for the trial of all offences against the laws and ordinances of said city, to be held as often as necessary or at such times as may be fixed by the Mayor and Council. Said Police Court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence, and to punish for contempt, or disobedience to any of the mandates. Said Court shall have full authority and power to punish, after conviction, all violations of the charter or any ordinance of said city by fine not to exceed $100.00, by imprisonment in the city prison not to exceed fifty days, and to work upon the streets of said city in the city chain-gang, or at any other public works as the Mayor or Mayor pro tem. or presiding Councilman may direct, not to exceed sixty days; any one or more of these punishments may be inflicted by the Mayor or Mayor pro tem., or presiding Councilman in his discretion, and the fines imposed may be collected by execution. The Mayor pro tem. or presiding Councilman, as the case may be, shall have full power and authority in said Police Court, if the offence charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case, or if upon the trial of any offender by the aforesaid Court, it develops from the evidence that he or she is probably guilty

Page 830

of a violation of any criminal law of this State, to commit the offender or offenders to jail, or bail them, if the offence is bailable by a Justice of the Peace, to appear before the next Superior Court in Colquitt County. Police Court, jurisdiction, etc. Fines and imprisonment. Commitments. SEC. 15. Be it further enacted, That the Mayor, Mayor pro tem., or the presiding Councilman, when any person or persons be arraigned before the Police Court for a violation of any of the city 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 fail to appear at the time fixed for trial, the bond may be forfeited by the Mayor, Mayor pro tem., or presiding Councilman, and an execution issued thereon after serving the defendant, if to be found, and his security with a rule nisi at least five days before the hearing of said rule nisi require him or them to show cause why said bond should not be forfeited. Appearance bonds. SEC. 16. Be it further enacted, That any party being dissatisfied with the fine or penalty of the Mayor, Mayor pro tem. or presiding Councilman, shall have the right to enter his appeal to the Council; provided, that same is done within twenty-four hours after trial by said Mayor. All parties being dissatisfied with the penalty, fine or forfeiture as exacted by the Mayor shall have the right to have same reviewed by certiorari; provided, same is done within thirty days from the final determination of said case. Right of appeal. SEC. 18. Be it further enacted, That the Mayor and Council shall at their first meeting in January, 1913, elect

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a board of tax assessors for said city, to be composed of three citizens, qualified voters and freeholders in said city, whose duty it will be to annually assess the true cash market value of all real estate situated in said city, subject to taxation, and to make returns of same to clerk of council at such times as may be fixed by ordinance by Mayor and Council. At the first election under the provisions of this charter, one of the 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 shall be fixed by the Mayor and Council, and to be paid as ordered by the Mayor and Council, after the work of assessment of year has been completed. Each assessor before entering upon his duties, shall take and subscribe the following oath: I do swear that I will faithfully and impartially, without fear or favor, discharge the duties of tax assessor of the City of Doerun, and assess all property in said city, subject to taxation, at its true cash market value, to the best of my skill and knowledge, so help me God. Tax assessors. Compensation. Oath. SEC. 19. Be it further enacted, That persons making their returns shall 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 with the Clerk of the 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 city, and in cases of failure to make a true and full return thereof at a cash market valuation, to assess the true market value thereof; and should any person fail, refuse, or neglect to return his personal property or any portion

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thereof as required subject to taxation in said city, said board shall assess the same and make returns thereof as required. Any person dissatisfied with the assessment on 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. Appeal from assessment. SEC. 20. Be it further enacted, That the Mayor and Council shall have power and authority 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 city shall become due, and in what length of time and in what periods shall be paid, to fix penalties for the non-payment of taxes when due, and to issue execution 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 all shall become due not later than October 15th of each year. Collection of taxes. SEC. 21. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the City of Doerun, the Mayor and Council of said city shall have full power and authority to assess, levy and collect an ad valorem tax on all real estate and personal property, including money, notes, bonds and other evidences of debt, money used in banking, and every other species of property in said city, or around or held therein subject to taxation; said tax not to exceed fifty cents on the hundred dollars, exclusive of all the taxes for public schools authorized by

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law, and the taxes that may be required to pay annual interest on any indebtedness which may be incurred by said city, and any taxes which may be required as 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 it was 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 assessment of all taxable property in said city, and to provide penalties for neglect and refusal to comply with same, as elsewhere provided in this Act. Ad valorem tax. SEC. 22. Be it further enacted, That the Mayor and Council shall have full authority and power to any and every person, firm, corporation or company, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, by themselves or by their agents, to register their names, business, vocation, calling, or profession, 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 calling, business or profession, such an amount as the Mayor and Council shall prescribe by ordinance; pro vided, that there shall be a separate license for each business, calling, vocation or profession, and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling or vocation thereunder, or at any other place of business than at the place for which the license was granted. The Mayor

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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 license, who fail to register, take out and pay for the license, or who engage in such business, profession or occupation before compliance with the provisions of such ordinances. Special taxes. SEC. 23. 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 city and used for the purpose of hire, renting or gain, or used or kept in any public score or place to attract trade or patronage, or for the use of which any charge is made, and to charge for such license, if granted, such sums as the Mayor and Council may fix by ordinance, for the calendar year or for any part thereof, and payable in full in advance. License taxes. SEC. 24. 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 city, opera houses and other places of amusement for the public, all hacks, drays or wagons used for hauling of any kind, and all vehicles used for hire for any purpose, auctioneers, itinerant lightning rod agents or dealers, sewing machine agents, peddlers, emigrant agents, all fire or life insurance companies doing business in said city, trades of all kinds, itinerant dealers in jewelry, marchandise, and all other articles, except as are exempt by State laws. Also any person, firm, company, corporation running or operating a flying jenny, flying horses, and all circuses, side shows and performances of any kind in said city, and all goods, wares or merchandise by sample, or soliciting orders for same, and all other businesses, callings or vocations, which are not

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exempt from license under the Constitution or laws of Georgia. Said Mayor and Council shall have full power and authority, by ordinance, to regulate the running of automobiles, railway trains, or any other vehicle run by electricity, gasoline, kerosene or steam. Power of Mayor and Council to license and regulate businesses and occupations. SEC. 25. Be it further enacted, That the Mayor and Council of said city shall have power and authority to compel and make all persons between the ages of twenty-one and fifty, subject to road duty under the laws of Georgia, resident in said city, to work on the streets of said city 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 $5.00, in any one year, as said Mayor and Council may determine. Should any person liable to work the street under this Section fail or refuse to so do, or to pay the street tax assessed in lieu thereof, after receiving the notice to do so, as 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 city, shall be fined in the sum not exceeding $10.00, or imprisoned in the city jail or prison, or by labor on the chain-gang of said city not exceeding twenty days, and any and all of these punishments may be inflicted in the discretion of the presiding officer. The Mayor and Council may pass such ordinances as they deem proper and necessary for enforcing the provisions of this Section. Street duty. Commutation tax. SEC. 26. 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 city, not to exceed two dollars per annum each, and shall have power and authority to pass such ordinances as they may deem necessary to collect such tax or otherwise enforce the provisions of this

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Section, and may authorize and direct the marshal and police officers of said city to impound or kill any dog or dogs at large within the limits of the city, whose owner has failed or refused to pay said tax, as prescribed by ordinance, or who fails or otherwise refuses to comply with any such ordinance or regulation. Dog tax. SEC. 27. Be it further enacted, That the Mayor and Council of said city 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 name of the City of Doerun, as may be provided by special resolutions or ordinances for that purpose, to be passed at a regular stated meeting of the Mayor and Council. Provided, that the total sum borrowed in 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 loan shall always become due and payable and actually paid in full before the 31st day of December of the year in which borrowed. Temporary loans. SEC. 28. Be it further enacted, That the Mayor and Council of said city shall have full, complete and exclusive control of the streets, alleys and sidewalks, parks and squares in said city, and shall have power and authority to condemn property for the purpose of laying out streets, alleys or sidewalks, and for widening, straightening and grading, or in any way changing the street lines and sidewalks of said city, and when said Mayor and Council desire to exercise power and authority as to condemnation herein granted, it might 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

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prescribed in Sections 5206 and 5246, inclusive, of the Code of Georgia adopted August 15, 1910. The Mayor and Council may abandon or discontinue such proceedings at any time upon payment of some sum agreed upon. The Mayor and Council shall have power and authority to remove or cause to bo removed, any buildings, steps, fence, tree, gate, post or other obstruction or nuisance in the streets, alleys, lanes, sidewalks or other places in said city, and to enforce the provisions of this Section by appropriate ordinances. Streets, alleys, etc. Condemnation. SEC. 29. 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 city, now or that hereafter may 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 same, against the real estate abutting on the street, but only on one side of the street on which the sidewalk is improved, if on one side only. Said Mayor and Council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing or otherwise improving any roadway or street proper on the real estate abutting on one side of the street improved and one-third of the cost on the real estate abutting on the other side of the street improved; the real estate abutting on both sides of the street shall not together be assessed more than two-thirds of the entire cost, in the discretion of the Mayor and Council Provided, that no curbing shall be laid and no sidewalk or street be paved or

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macadamized, or no assessment made under authority, power and provisions of this Section, unless the persons owning the real estate, which have at least two-thirds of the frontage on the sidewalk or street or on the portion of the sidewalk or of the street, the improvement of which is desired, shall in writing request the Mayor and Council to make such improvement, when said Mayor and Council may, in their discretion, provide by ordinance for such improvement; and provided, further, that no request shall be considered and no work shall be done for less than one entire block. The amount of each piece of real estate abutting on the sidewalk or street improved shall be a lien on such real estate from the date of the passage of the ordinance providing for the work and making the assessment, that the Mayor and Council shall have full power and authority to enforce the collection of any amount so assessed for such improvements or work done, either upon the sidewalks or streets, by execution to be issued by the clerk of the council against the real estate so assessed and against the owner thereof at the date of the ordinance making assessment, which execution may be levied by the marshal of the city on such real estate, and after advertising and other proceedings as in the case of sale of realty for city taxes, same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution is issued is due and stating that 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 Colquitt County, and there tried and the issue determined, as in cases of illegality, subject to all the penalties provided by law in cases of illegality for delay. The lieu

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for assessment on abutting the property and on street railroad and other companies for street or sidewalk paving, curbing, macadamizing, grading or drainage, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from the ordinance authorizing the execution of the work in each case. Public improvements. Assessments. Lien for improvements. Illegalities. SEC. 30. Be it further enacted, That the Mayor and Council of said city shall have power and full authority to provide for and regulate the curbs and gutters that empty into the sidewalks or streets of said city; to regulate or prohibit (except as such power may be restricted by any general restricting laws) the use of the streets, alleys, sidewalks or public grounds for any signs, sign-posts, awnings, telegraph or telephone poles, wires for telegraph, telephone or electric lighting or power purposes, electric light or power poles, horse troughs or watering places, hitching posts or racks, and for posting bills and advertising matter; to regulate or prohibit the carrying of hand-bills, (banners or placards on the streets, sidewalks or public places of said city, 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 city to remove same to any location designated by the Mayor and Council, and in case said company shall fail to remove the same within thirty days (30), or such further times as to the Mayor and Council may seem just and reasonable, after the written notification by the marshal, said city shall have the right and authority to remove the same at the expense of such company, and collect the same by execution. Regulations of the uses of streets, etc. The said Mayor and Council shall have the authority and power to regulate, by ordinance, the speed at which

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automobiles, bicycles and other vehicles of any description shall be driven over or through the streets, alleys or public places in said city, and to prohibit the use of the public sidewalks of said city by other than pedestrians, and to punish violation of such rules, regulations or ordinances as they may pass upon this subject. Speed regulations. Said Mayor and Council shall also have the power and authority to regulate the speed at which locomotives or trains, or street cars shall be run within the corporate limits of said city, 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 crossing or street or sidewalk within the limits of said city. SEC. 31. Be it further enacted, That the Mayor and Council shall have power and authority to require the railroads or street railroads running through said city, 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 as said Mayor and Council shall deem necessary; to place or repair such crossings or to open or keep open any street in said town crossing them; and the Mayor and Council may pass any ordinance needful for carrying out the provisions of this Section. And in case any railroad or street railway 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 the city, the Mayor and Council shall have the power to create and make the same across the railroad or street railroad or to repair the same at the expense of said railroad or street railroads, and may issue execution therefor,

Page 841

and levy and collect the same as in the case of tax executions. Railroad and street railroad crossings, repair of. SEC. 32. Be it further enacted, That the Mayor and Council shall have the authority and power to grant franchises, easements and rights of way, over, in and 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 shall be granted until the application for the same with the description of the nature of the franchise, the streets on which desired and the time at which it shall 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, or should there be no newspaper published in said city, then same shall be published by posting the above described at three or more public places in said city for four weeks. Franchises, etc., grant of. SEC. 33. Be it further enacted, That the Mayor and Council shall have full power and authority to lay down and construct and repair sewer and sewerage system in said city, including the disposition of sewerage matter, and to assess abutting landowners for a reasonable amount for said sewerage and drainage, and said landowners as part compensation shall have the right to connect their drainage into all said sewers. Drainage and sewerage. SEC. 34. Be it further enacted, That the Mayor and Council of said city may, in its discretion, enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change or modify same from time to time, to prescribe how and of what materials buildings within said district may be erected, how

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thick the walls shall be, the manner in which chimneys, flues, and stove pipes shall be constructed and to make such reasonable rules, regulations and requirements as they may deem necessary to, so far as possible, protect said city from danger from fire or to prevent or stop conflagration. They shall also have the power and authority to order change in the construction and arrangements of chimneys, stove pipes 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 annual expense incurred by said city under ordinance passed carrying out the powers granted under this Section by execution as in the case of collecting costs due said city. Fire ordinances. The Mayor and Council may exercise general supervision over all buildings of every description in said city and may condemn dangerous walls or constructions in any of the same, and shall have power and authority to exercise said supervision by passing and enforcing suitable and reasonable ordinances. Building supervision. SEC. 35. Be it further enacted, That it shall be the duty of the Mayor and Council of said city to provide such fire protection therefor, as in their discretion the 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 they may deem advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the object of this Section and afford protection from fire or conflagration to property in said city. Fire department.

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SEC. 36. Be it further enacted, That the Mayor and Council of said city shall have authority and power to provide for the inspection of steam boilers in said city, to regulate and prevent the storage of gun powder, tar, pitch, rosin, coal, benzine, naphtha, nitro-glycerine, turpentine, cotton petroleum, kerosene oil, dynamite, or 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 and prohibit the use of fire works, fire crackers, torpedoes, sky rockets, roman cannons, the firing of guns, pistols and anvils, and prohibit every kind of gaming and hunting within the corporate limits of said city. Inspection and regulations. SEC. 37. Be it further enacted, That the Mayor and Council shall have power and authority to make and enforce all ordinances necessary or wisely precautionary for the prevention of any contagious or infectious disease or the spreading or the communication thereof; to declare, maintain, enforce quarantine rules or regulations in regard thereto, and to punish any violation of any of the said rules or regulations. They shall have power to build or establish or maintain or exercise police powers over a pest house outside of said city limits, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond the city limits. They shall have the power to compel the removal to the pest house of any person or persons who have small-pox or any other infectious disease or contagious disease 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 resident or sojourner, to be vaccinated and may provide vaccine virus and provide physicians at the expense of the city to vaccinate all persons who are unable to procure

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vaccination, and may be ordinance provide punishment for persons failing or refusing to be vaccinated. Health ordinances. SEC. 38. Be it further enacted, That the government, control, management and protection of the city cemetery, as it is now located, or any enlargement or extension of the limits thereof by purchase, gift or otherwise, and the disposition of the lots therein, is hereby continued and vested in the Mayor and Council exclusively of said City of Doerun, and said Mayor and Council shall have power and authority to pass all necessary ordinances, rules and regulations, relating to burial therein, the disposition of the lots and the protection and preservation of said cemetery, and of burial 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 city. Cemetery and burial ordinances. SEC. 39. 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 city, and to prevent the cutting, impairing, or mutilation thereof by telephone, telegraph, electric light or power or electric street car linemen, or employee, or by other person, 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 safety or service. Shade trees. SEC. 40. 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,

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and all schools and colleges in said city, and to prohibit loitering or idling about the same or the grounds thereof, or any other conduct in or about the same tending to annoy or disturb the duties or services carried on or performed therein, or the occupants of said institution or the grounds thereto. Said Mayor and Council shall have power and authority by suitable ordinance to prevent and punish any boistrous, unseemly, indecent or disorderly conduct or behavior or any unseemly or improper gathering on the streets or sidewalks, alleys or public places or buildings or vacant property within said city or in or about or near any residence therein. Protective ordinances. SEC. 41. Be it further enacted, That the Mayor and Council of Doerun 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 city, and to this end may enact such ordinances and provide such penalties for violations thereof as they may 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 house or place, 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 city be punished as for the violation of the ordinances of said city relating to nuisances. Lewd houses and gambling places, suppression of. SEC. 42. Be it further enacted, That the Mayor and Council of said city shall have power and authority to prohibit by ordinance the running at large in said city of

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horses, mules, cattle, hogs, sheep, goats, dogs and all other animals or fowls and to prohibit the keeping of hogs, or shall provide the manner in which said hogs shall be kept, within said city limits, or if allowed to be kept therein, in the Mayor and Council's discretion to regulate the manner and place in which they may be kept. Also to impound all such animals when found upon the streets or public places or upon the property of other persons than the owners without permission or consent of the owner of such property, and to charge such fees for same as said Mayor and Council shall 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 cost of keeping said animal the same may be sold at public outcry before the city hall and the proceeds applied to the payment of said fees and cost, under such rules and regulations as the owner and Council shall prescribe by ordinance. Impounding of animals. SEC. 43. Be it further enacted, That any person violating any of the ordinances of said city flee from jurisdiction thereof, he or she may be apprehended and arrested, wherever found in this State, and the warrants of the Mayor, Mayor pro tem. or acting Mayor of said city shall be sufficient authority for his or her return and trial upon the charge resting against the person, and should any person after trial and conviction escape, such person may be apprehended or arrested wherever found in this State, and the warrant of either of the officials aforesaid shall be sufficient authority for his or her arrest and return; and all persons escaping from the custody of said city 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

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to provide for said city a safe and suitable prison for the keeping and detention of prisoners and convicts in said city and all persons charged with the violations of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof. Fugitives from justice. SEC. 44. 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 violation of the city ordinances and the procedure in all such trials. All executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes, or other claim, demand or debt, shall be issued by the clerk and bear test in the name of the Mayor or Mayor pro tem., (except when otherwise provided in this charter) and shall be directed to the marshal of said city and to all and singular the Sheriffs and constables of the State, and shall state for what issued, and made returnable to the Mayor and Council of said city 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 sale of real property or constables sale of personal property are required by law to be made. Any sales thereunder shall be made at the court house in said city and within the usual hours of Sheriff's or constable's sales of similar property. Whenever any real estate is sold for taxes the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent. premium thereon and interest on said principal amount at the rate of seven per cent. per annum. Whenever at any such sales for taxes due, no person present shall bid for the property put up for sale as much as the amount of such

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execution and all cost, after such property shall have been cried a reasonable time, then any fully authorized or appointed agent of the city may bid off such property for said city, and the marshal or such other officer making the sale, shall make the City of Doerum a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and valid after the period for the redemption by the owner shall have expired and the marshal or other officer making the sale shall put said city in possession, and the Mayor and Council shall have no right or authority to divert or alienate the title of the owner to any property so purchased, except by public sale to the highest bidder in the manner to be prescribed by ordinance of said city. The clerk of said city shall keep 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 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 officer making the sale shall have the same power as Sheriffs to put purchasers of property sold by them in possession. Trial of offenders. Collection of fines, forfeitures, etc. SEC. 45. 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 office or offices in said city, and shall have power and authority to demand, send for and compel the presence of all persons or the production of all books or papers, and to swear all persons summoned, as may be necessary or pertinent

Page 849

to said investigation. And it shall be the duty of the Mayor and Council prior to the first regular meeting of the Mayor and Council, in each year, by suitable committees, or otherwise, to examine and audit for the year ending on December thirty-first preceding, all books, vouchers and papers of every official of said city, or of any board thereof charged with the collection, keeping or expenditure of any public funds. Committees. SEC. 46. Be it further enacted, That the Mayor and Council shall prescribe by ordinance how and by whom purchasers of supplies, materials and other necessary articles for said city or for any department thereof, shall be made or contracted in behalf of said city and no purchase or agreement or contract of purchase, made in any other manner or by any other person, than as prescribed in such ordinances, shall be valid or binding on said city. Contracts for supplies, etc. SEC. 47. Be it further enacted, That in case the Mayor or any Councilman while in office shall be guilty of malpractice or wilful neglect in office or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming him, 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 of not less than three votes shall be removed from office. Removal from office. SEC. 48. Be it further enacted, That it shall not be lawful for any official of said City of Doerun to be interested directly or indirectly in any transaction with, sale, or to work for or contract with the City of Doerun or any department of government or service of said city, involving

Page 850

the expenditure of any public funds of said city. Any violation of this Section by the Mayor or any Councilman, or other officer of said city, shall on conviction thereof be punished as a misdemeanor under the laws of Georgia. Officers must not be interested in contracts with city. Punishment for violation. SEC. 49. Be it further enacted, That at the close of each fiscal year, the clerk of the city shall make and submit to the Mayor and Council at the first regular meeting in the year a full tabular statement of the assets and resources and liabilities of the city, with an itemized estimate of the probable receipts, and of the probable necessary expenses from the ending year, and shall from month to month at the regular meeting in each month of the Mayor and Council, submit a statement of all appropriations and expenditures made or authorized by the Mayor and Council to the end of the preceding month chargeable against the estimated income for that year. Statements of resources and liabilities. SEC. 50. Be it enacted, That any of the officers of Doerun, who may be sued for any act or 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 defence to any action brought against the Mayor and Council or other officers of said city, or either of them, for any act or acts done by them or either of them under and in accordance with the ordinance passed in pursuance thereof. Protection of officers from suits. SEC. 51. Be it further enacted, That the Mayor and Council of said City of Doerun shall have the 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 they may deem necessary to foster and promote

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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. 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 city, and said Mayor and 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 exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers on municipal corporations, and not inconsistent with the laws of this State. General welfare. SEC. 52. Be it further enacted, That the Mayor and Council of the City of Doerun shall have the power and authority, so that when it is necessary for said corporation to issue bonds for the purpose of erecting any electric plant, waterworks or other public improvement, to purchase any real estate, to erect any building for municipal purposes, to put in sewer pipes, and to meet any extraordinary debt, the Mayor and Council shall pass an ordinance setting out clearly and fully the object and purpose of issuing bonds, the amount of bonds to be issued, and when and how to be paid. Said ordinance shall also provide for an election by the voters within said corporation, specifying when said election shall be held. Bonds for public improvements, election for SEC. 53. Should an election for the purpose of issuing bonds to improve the present water and light plant or system or to pay off any indebtedness on same be desired, the present Mayor and Council or any succeeding Mayor and Council, is hereby vested with full power and authority

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to call such election and to hold same, declare the result and issue such bonds as may be carried in said election under the provisions of this Act. And the present Mayor and Council, or any succeeding Mayor and Council, is hereby given full power and authority to hold such an election, issue such bonds as may be carried, and to levy such tax upon all real and personal property in said city in their discretion they deem necessary to pay off said bonded indebtedness or interest on same and to levy and collect such tax upon all real and personal property in said city to pay off the present bonded indebtedness of the town of Doerun, together with interest on same; and to do any and all other Acts or things that may be necessary in the issuance of such bonds under the laws of this State and not inconsistent therewith. Election, how called and held. SEC. 54. Be it further enacted, That when an election has been ordered to authorize an issue of bonds, the full ordinance authorizing the same shall be posted at three of the most public places in said city for a period of thirty days before said election is held. At said election all qualified voters shall be entitled to vote. Those favoring the issue of bonds shall have written or printed on their ballots For Bonds. Those opposing the issue of bonds shall have written or printed on their ballots Against Bonds. Two-thirds of the voters legally authorized to vote shall be cast for bonds in order to authorize the issuing of bonds; provided, only one election shall be held each year for the same purpose, but any issue of bonds may be submitted again at any time after one year. Should the bond issue carry at an election held as above provided, then the Mayor and Council shall have power to appoint a number of citizens, in their discretion, who shall be known as the water and light board, and the Mayor and Council

Page 853

shall fix by ordinance, the manner of electing the number to serve on said board and the length of the term of office of each and their compensations and powers. Notice of election for bonds. Two-thirds of legally authorized voters required. Succeeding elections. SEC. 55. Be it further enacted, That all ordinances, by-laws, rules and regulations heretofore adopted by the Mayor and Council of the town of Doerun, which are now in force and are not inconsistent with nor repugnant to any provisions of this Act shall remain in force and effect under this charter, until repealed, altered or amended by the Mayor and Council. Ordinances, etc., of the town of Doerun not repugnant of force. SEC. 56. Be it 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 City of Doerun as re-incorporated under this Act be, and are, hereby expressly conferred on the Mayor and Council of said city now in office, and their successors. Powers conferred upon Mayor and Council of Doerun. SEC. 57. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the City of Doerun and conferring powers on the same, are hereby consolidated into and superceded by this Act, and all provisions of former Acts inconsistent with or at variance with this Act or any provision hereof, are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby expressly repealed. Consolidation of former acts. Approved August 19, 1912.

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DOUGLAS, CITY OF, CHARTER AMENDED. No. 385. An Act to amend an Act, entitled An Act to create a new charter for the City of Douglas, approved December 20, 1899, and the several amendatory Acts thereto, by providing for the establishment of a chain-gang in the City of Douglas; by providing a method and manner for the registration of voters of said city; by authorizing the Mayor and Aldermen of the said City of Douglas; to provide salaries for the Mayor and Aldermen of the same; to authorize the Mayor and Aldermen to adopt such rules and regulations relative to the building of houses in the City of Douglas, and the lighting and plumbing of the same, so as to conform to the requirements of the Southeastern Underwriters Association. 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 Douglas, approved December 20, 1899, and the several Acts amendatory thereto, be, and the same are, hereby amended, as follows: SECTION 1. That the said Mayor and Aldermen of the City of Douglas shall have full power and authority to organize and establish a chain-gang in said city, in which chain-gang all parties convicted of a violation of any ordinance of said city, and who shall fail to pay the fines assessed against them, shall be required to work for such time as in their judgment may seem proper, not in conflict with the charter, and said Mayor and Aldermen are hereby vested with power and authority to pass such rules, regulations

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and ordinances as will effectually maintain, control and manage said chain-gang. Douglas, City of, chain-gang. (1) If any person convicted in said Mayor's Court and sentenced to work on said chain-gang, shall escape before completing the time of said sentence, upon a warrant issued by the Mayor of said city, the same may be arrested in any part of this State by the marshal of said city or by any other officer authorized to make arrest. And said party so escaping, may, upon conviction therefor in the Mayor's Court, be sentenced to not exceeding 30 days' additional service upon said streets for said escape, and said Mayor and Aldermen may make all necessary rules and regulations for the proper government of said persons so convicted and sentenced, for their safe confinement and labor until the said sentences are satisfied. Escapes, how punished. SEC. 2. Be it further enacted by authority aforesaid, That from and after January 1, 1913, the Mayor of the City of Douglas shall receive annually as compensation for his services, the sum of $600.00, payable monthly, the same to be paid out of the funds and taxes of said City of Douglas; that the Aldermen of said City shall each receive as compensation for their services annually the sum of $120.00 each, payable monthly, out of any funds and taxes belonging to the City of Douglas. Compensation of Mayor and Aldermen. SEC. 3. Be it further enacted by the authority aforesaid, That only persons qualified to vote for the members of the General Assembly in the County of Coffee, who shall have paid all taxes legally imposed and demanded by the authorities of the said City of Douglas, including the street tax, and who shall have resided three months within the jurisdictional limits of said city, and shall have registered

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as hereinafter provided, shall be qualified to vote at any city election. Qualified voters. (1) The clerk of the Board of Mayor and Aldermen, or in case of his sickness or absence, any officer of the city, duly appointed by the Mayor and Aldermen for that purpose, shall open at said clerk's office, 45 days prior to each regular city election, a list for the registration of voters, which list shall be kept open from 9:00 a. m. until 12:00 a. m., and from 2:00 p. m. to 6 p. m., standard time, Sunday excepted, for the space of 30 days, but shall be finally and absolutely closed at 6:00 p. m. on the thirtieth day. Registration. (2) Upon application in person by any person entitled to register, who shall furnish to the clerk of said Board evidence of their qualification, the Clerk or other registering officer shall allow said person to enter upon the registration list their name, and shall require such person to enter his age, color, residence and occupation. Said names shall be alphabetically arranged in the register, the white and colored being kept separate. (3) 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 the Mayor and Council, which appeal shall be heard and finally disposed of at the next meeting of said Mayor and Council, which shall convene before said general election. SEC. 4. Be it further enacted by authority aforesaid, That the Mayor and Aldermen of the City of Douglas are authorized and empowered to pass such ordinances, rules and regulations, relative to the building of houses, lighting and plumbing same in the City of Douglas as will conform to the rules and requirements of the Southeastern Under-writers Association. Building regulations.

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SEC. 5. All laws and parts of laws in conflict with these Sections are hereby repealed. Approved August 6, 1912. DUCKTOWN, TOWN OF, INCORPORATED. No. 408. An Act to incorporate the town of Ducktown, in Forsyth County, including an area extending one-fourth () of a mile in every direction from the cross-roads near the store now occupied by L. T. Ledbetter, and to provide for the municipal officers thereof, fix their term of office and compensation, specify their duties and provide for a municipal government for said place, with the usual authorities vested in said corporations in this State, 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 Ducktown, in Forsyth County, is created and incorporated, with all the powers vested in such municipalities under the laws of this State. Ducktown, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall be the circumference of a circle with a radius of one-fourth mile drawn from the center of the road-crossing near L. T. Ledbetter's store in said county. Corporate limits. SEC. 3. Be it further enacted, That said town as a corporation shall have authority to have and use a common

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seal, to plead and be impleaded, to sue and be sued, and to have perpetual succession as a corporation, the name of said corporation to be the Town of Ducktown. Said corporation is authorized to buy, sell, rent or otherwise hold or dispose of real estate and personal property within its corporate limits in the performance of its governmental functions. Powers. SEC. 4. Be it further enacted, That the corporate authorities of said town shall be a Mayor and four Aldermen, who shall be elected by all persons residing within the corporate limits of said town, who are qualified to vote for members of the General Assembly, and shall hold office for two years, and until their successors are elected and qualified. The first election shall be held on the second Wednesday in December, 1912, and bi-ennially thereafter, and the officers elected shall hold from January 1st following. L. T. Ledbetter is hereby appointed to open on the 20th day of November, 1912, a registration book in which all qualified voters of said town shall be allowed to register. Said book shall be closed five day before the election in 1912, and shall be used by the election managers thereat to show the list of persons entitled to vote. Future registration for other elections shall be as prescribed by ordinance of the Mayor and Council. In all future elections, in addition to being qualified to vote for members of the General Assembly, all persons shall be required to have paid all taxes due to the town of Ducktown, and have paid their street tax therein or worked the number of days required by law in default thereof before being allowed to register and vote. At all elections in said town, any three freeholders may hold such elections, holding the polls open from seven o'clock, a. m., to five o'clock, p. m., and complying as nearly as possible, with the election laws of said State. Said managers

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shall give certificates of election to the persons receiving the highest number of votes for any office or offices, which certificates shall be entered on the minutes of the Mayor and Council and shall be the highest evidence of their election. The Mayor and Council may in the future prescribe any detail as to registration, voting, elections, etc., not herewith conflicting. Mayor and Aldermen, election of. Registration. Elections, how held. SEC. 5. Be it further enacted, That any qualified voter shall be qualified to hold office. Before entering upon the discharge of his duties, every official of said town shall take and subscribe the following oath upon the minutes of the Mayor and Council: I do solmenly swear that I will faithfully perform the duties of of the town of Ducktown during my continuance in office, so help me God. This oath may be taken before any official authorized by law to administer oaths. Qualification of officers. Oath of officers. SEC. 6. Be it further enacted, That the Mayor and Council shall have authority to employ a town clerk, treasurer, marshal, policemen, street boss, any one or all, and such other officials as in their judgment may be necessary to the government of said town; to fix their compensation and the compensation of themselves; to pass all ordinances they may deem necessary for the peace, good order, good health and government of said town; to levy a tax not exceeding five-tenths of one per cent. on all property, real or personal, in said town, and enact proper ordinances for collecting the same annually; to require all persons subject to road duty in said town to work upon its streets the number of days authorized by State law or pay a commutation tax in lieu thereof; to levy and collect business and license taxes upon all kinds of business carried on therein; to provide for the prosecution

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before the Mayor of all violations of the town ordinances, and the punishment thereof by fine not to exceed fifty dollars, or imprisonment not to exceed twenty days, or both; to provide for the arrest of all offenders and the keeping of the peace; to elect a Mayor pro tem. to discharge all duties of the Mayor in his absence, said Mayor pro tem. to be a member of their body; to fill any vacancy that may occur in the office of mayor or alderman until the next election; to lay out, open grade and change streets and alleys; to issue execution for town taxes and enforce the collection of the same by levy and sale; and to do all other and further things properly within the scope of town authority under the laws of this State and tending to promote the general welfare of said town and its inhabitants. General powers of Mayor and Council. SEC. 7. Be it further enacted, That the Mayor of said town shall be ex-officio Justice of the Peace with full authority to issue warrants for the arrest of persons who may violate the State laws within the limits of said town and do all things in connection with their arrest, commitment, trial, etc., usual to the authority of a Justice of the Peace. Mayor, ex-officio, justice of the peace. SEC. 8. Be it further enacted, That all laws herewith conflicting are repealed. Approved August 9, 1912. DUDLEY, TOWN OF, CHARTER AMENDED. No. 500. An Act to amend an Act approved December 17, 1902, incorporating Dudley, in the County of Laurens, State of Georgia, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted, That Section 11 of the Acts of the General Assembly of Georgia, approved December 17, 1902, be amended as follows: That after the period in line 9 of said Act on page 405 of Acts, 1902, all be stricken and the following inserted in lieu thereof: That the Mayor and Council of Dudley, Georgia, shall have power and authority to require all male persons above 16 years of age and under 50 years of age, residing in said town, to work on the streets and sidewalks of said town at least ten days in each calendar year, or pay a commutation tax as the Mayor and Council may assess, not exceeding five dollars. That said Section 11 of the Act incorporating the town of Dudley, Georgia, when amended, shall be as follows: Section 11. Be it further enacted, That the said Mayor and Councilmen shall have the power to levy and collect a tax not exceeding one-half of one per cent. upon all property, both real and personal, within the corporate limits of the said town, and the same may be enforced by execution issued by the Clerk in the name of the Mayor, and by sale of property as in sales of property liable to State and county taxes, all levies of tax execution to be made by the marshal or his deputy and to be conducted as sales by the Sheriff of this State in case of levy of tax executions. That the Mayor and Council of Dudley, Georgia, shall have power and authority to require all male persons above 16 years of age and under 50 years of age, residing in said town, to work on the streets and sidewalks of said town at least ten days in each calendar year, or pay a commutation tax as the Mayor and Council may assess, not exceeding five dollars. Dudley, town of, ad valorem tax. Street duty. Commutation tax. SEC. 2. Be it further enacted, That the ministers of the Gospel and those unable to perform manual labor have

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the same rights of exemption from street duty in Dudley as the State law recognizes. Exemptions. 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 16, 1912. EAST POINT, CITY OF, NEW CHARTER FOR No. 622. An Act to create a new charter for the City of East Point, in the County of Fulton, 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 in 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 election provided for in this charter are held; to provide the manner and time for all elections in said city; to provide for the qualifications of all electors or voters therein; and for the registration

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of the same; to provide for the 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 chain-gang and the working of prisoners therin; 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 plant; to authorize said city to borrow 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 all illegal purposes of all intoxicating liquors; to provide for search for the same, and the seizure and destruction thereof, and the punishment of the 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

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the manner in which the city shall direct that the work be done; to provide for all matters and things necessary, proper or incident to as obligations of said city all outstanding bonds and other legal obligations of said city; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the corporate existence and identity, territorial limits and jurisdiction of the City of East Point, in the County of Fulton, and State of Georgia, with all corporate rights, powers and privileges conferred, and all duties, obligations and liabilities imposed by law, are hereby preserved unto said city, except as altered or amended by this Act. All resolutions and ordinances thereof now in force not in conflict herewith shall remain unchanged, subject, however, to be hereafter amended or repealed by the duly constituted authorities of said city. All property and property rights now held, owned or possessed by said city, and all pending suits or claims by or against said city are preserved and unaltered. East Point, City of, new charter. SEC. 2. Be it further enacted, That the corporate limits of said City of East Point be and they are hereby extended, so as to embrace in addition to all territories now embraced in said corporate limits, the following territories also, to-wit: Corporate limits extended. That tract of land, in County of Fulton, and State of Georgia, beginning at a point where the original west line of land lot one hundred and thirty-four (134) of the Fourteenth (14th) District of originally Henry, now Fulton County, Georgia, intersects with the present corporate limits of said City of East Point, and running thence north, along the original west line of said land lot to the original

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northwest corner of said land lot; thence east along the original line of land lot one hundred and thirty-four (134) to the center of Newnan Avenue; thence southwesterly, along the center of Newnan Avenue, to the present corporate limits of said city of East Point; and thence southwesterly along the present corporate limits of said city of East Point to point of beginning. And said City of East Point shall have all authority and control over said new territory that it has over the territory embraced in the corporate limits of said city, and all laws and ordinances now in force or which may be hereafter adopted shall extend to and over said new territory hereby added to the corporate limits of said City of East Point. SEC. 3. Be it further enacted, That the municipal government of said city shall be vested in a Mayor and six 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, railroads, street railways, automobiles, bicycles, carriages, 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, theatres, 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,

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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, 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, and their legislative powers. SEC. 4. The Mayor and six aldermen of the City of East Point shall collectively be known as City Council of East Point. On the second Tuesday in January, 1913, in the City of East Point, there shall be held an election for three Aldermen. Said elections shall be held in the city hall in East Point, Georgia, or in the Council chamber of said city, or at such other places the City Council may designate. The officers aforesaid, and their successors in office, shall serve for a term of two years and until their successors are elected and qualified. Annually thereafter, on the second Tuesday in January, and as heretofore provided, an election shall be held to fill vacancies occurring in the City Council of East Point by virtue of the expiration of the term of office of the Mayor and Aldermen, either or both. Provided, however, that the present incumbents shall hold office until the expiration of the term of office for which they were elected. The Mayor and three Aldermen shall constitute a quorum. In the event of a vacancy occurring in the office of Mayor or of any member of the

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Council, from any cause, then in that event the City Council of East Point shall have power and authority to order, and shall order an election to fill such vacancy, and said election shall be held within thirty days after the date of the order aforesaid, during which time the said order shall be published in the official gazette of the City of East Point, or in such other manner as the City Council may designate for at least fifteen days prior to said election. Said elections shall be held at the usual place of holding elections for Mayor and Aldermen in the City of East Point, and in all other respects regulated, managed and controlled in the manner hereinafter provided for the elections of such officers. The term of office of the Mayor and each Alderman shall begin the first Tuesday in February following his or their election, except in the event of the election of any or more of said officers to fill a vacancy, in which event the officer elected to fill a vacancy shall qualify immediately upon the declaration of the result of his election, and shall fill the unexpired term of the officer whose term he fills. Returns of all elections shall be made by the managers thereof to the City Council, who shall receive same and declare the results thereof. Election of officers. Vacancies how filled. SEC. 5. Be it further enacted, That every male person who shall have attamed 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 Fulton for six months and the City of East Point for six 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 required of him by the City of East Point since the approval

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by the Governor of this charter, and who are otherwise qualified to vote for the 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 East Point under this charter. Qualified voters at any election SEC. 6. Any citizen who shall have paid all taxes and licenses due by him to the City of East Point and shall have done all street work legally required of him by the City Council and who is a qualified voter for members of the General Assembly of the State of Georgia, and who has resided in said city six months next before said election, shall be qualified to vote in an election for Mayor and Council and other municipal elections. The City of East Point shall have power and authority to pass such rules and regulations as they may deem proper providing for the registration of voters in their municipal elections, and the furnishing of lists thereof to the managers. All municipal elections shall be held by a Justice of the Peace and two freeholders, or by three freeholders, to be designated by the City Council of East Point, and said election shall otherwise be held under the same rules and regulations as are now or may hereafter be provided by law for the election of members of the General Assembly of Georgia, except as herein otherwise provided. Qualified voters at election for Mayor and Council. Registration. Elections, how, held. SEC. 7. 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 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

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registration thereof, unless said election shall occur within three months after the close of the registration book for the election just preceding. Special elections, registration for. SEC. 8. Be it further enacted, That the City Council 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, and to make return thereof to the first regular or called meeting of the City Council. Each of said managers before entering on his duties shall take and subscribe the following oath before some officer authorized by law to administer oaths: I do solemnly swear that I will faithfully 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. 9. 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; that I have resided in and had my domicile in the State of Georgia for one year, and in the County of Fulton for six months, and in the City of East Point for six 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 East Point; 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

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to take said oath. Any person voting illegally at any election in the City of East Point shall be liable to the same penalties prescribed by the 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 Fulton County having jurisdiction of the same. Challenges. Illegal voting, punishment for. SEC. 10. The elections held under the provisions of this Act shall be held by a Justice of the Peace and two freeholders, or by any three freeholders residents in said town, to be appointed by the Mayor and Council. Said managers shall be sworn to conduct said elections fairly and impartially and to allow no one to vote who is not justly entitled to do so under the law nor knowingly prohibit anyone from voting who is so entitled. They shall conduct said elections in the same manner and under the same rules as govern elections for State and county officers. The oath of the manager may be administered by any officer authorized to administer oaths, or by the Mayor. The polls shall be opened at 8 p. m. and close at 3 p. m. They shall certify the results of the election, stating the number of votes that each person received and turn over said certificate and ballots, lists and tally sheets to the Council then in office at the first regular or called meeting thereafter, who shall declare the results. Said managers and clerks shall receive such compensation as may be allowed by the Council then in office. Manner of holding elections. SEC. 11. Be it further enacted, That the persons elected as Mayor and Aldermen shall attend on the first Tuesday in February 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 law to administer

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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 East Point 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. 12. Be it further enacted, That in case of a vacancy on the Board of Aldermen either by death, resignation, failure to qualify, removal from office or removal from the city, or otherwise, the Mayor and Council shall order a special election to fill said vacancy. In every case 15 days notice shall be given in such manner as the Mayor and Council may designate, 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, how filled. SEC. 13. 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 East Point, and shall have resided in the City of East Point two years immediately preceding his election. No person shall be eligible to the office of Aldermen unless he shall have attained the age of 21 years, be a qualified elector of the City of East Point, and shall reside in the City of East Point one year immediately preceding his election. Eligibility of Mayor and Aldermen. SEC. 14. Be it further enacted, That the Mayor of said City of East Point shall be the chief executive officer thereof. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully executed and enforced; and that

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all of the officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city and shall preside at all meetings of the City Council. He shall have the power to convene the Council in special, call, or extra sessions whenever in his judgment it becomes necessary. On all questions before the City Council the Mayor, or Mayor pro tempore, if he be presiding, shall be entitled to vote only in case of a tie. He shall have the veto power, and may veto any ordinance or resolution of the City Council, in which event the same shall not become a law unless subsequently passed over his veto of at least four Councilmen on a yea and nay vote duly recorded on the minutes of the City Clerk; but unless he shall file in writing with the Clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent, within three days from its passage, the same shall become a law just as if signed and approved by said Mayor, but he may approve same and the measure go into effect immediately. Mayor's duties and powers. SEC. 15. Be it further enacted, That the Mayor of said City of East Point shall be paid an annual salary of three hundred ($300.00) dollars, and each Alderman of said city shall be paid an annual salary of one hundred dollars ($100.00). The clerk and the treasurer of said city shall each be paid an annual salary in such as may be fixed by the City Council, which shall be received by them in compensation for all services required of them by the City Council. Salaries of Mayor and Aldermen. SEC. 16. Be it further enacted, That should the Mayor or any member of the City Council be guilty of malpractice in office or wilful neglect of his duties of office, or abuse of the powers conferred on him, or shall be guilty of any other

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conduct unbecoming an officer of the City of East Point, he shall be subject to impeachment by the City Council and on conviction shall be removed from office. Removal from office. SEC. 17. 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 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 the absence of the Mayor and the Mayor pro tem. Mayor pro tem. Oath of Mayor pro tem. SEC. 18. 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 City Council may by ordinance prescribe. Their term of office shall be for one year, but they or any of them may be suspended or discharged by the City Council 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 forces shall be prescribed by the City Council, but no extra pay or allowance, costs 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 East Point, and all persons committing

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or attempting to commit any crime against 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 Fulton County, and bring them before the 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 or failure to do so, by the chief of police or the arresting officer. The police shall be elected by the City Council, who shall have power to prescribe all rules and regulations for the general management and discipline of the officers and men. Police force. Compensation of police officers. Arrests. Appearance bonds. SEC. 19. 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 City Council, to prosecute all offenders against the laws of this State committed within the limits of the City of East Point. 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. Prosecutions. SEC. 20. Be it further enacted, That the City Council shall elect the chief of the fire department and any other officers or 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

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shall be elected for two years, but may be removed or suspended as hereinafter set out. Fire department. SEC. 21. That a sinking fund commission of the City of East Point is hereby created, to be chosen by the City Council as follows: The City Council, as soon as practicable after the passage of this Act, shall select from the citizens of said city 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 elected 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 City Council. The members of said Commission shall in no way be connected with the municipal government of said city. The Commissioners shall select from their number a Chairman, who shall serve as Chairman for one year, or until his successor is elected and qualified. The clerk of said town shall be ex-officio clerk of said board, and shall keep a correct record of all its proceedings. The treasurer of said city shall keep a correct account of the receipts and disbursements of said board of commissioners. Said records and accounts shall be kept in books separate from the other books of the municipality. 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 city which now exist, or which may hereafter exist, and also to provide for the payment of interest thereon. The treasurer of said city shall, upon his official books, open an account with said commission and pass to their credit all the money

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collected by said city to pay the bonded debt of said city and the interest thereon, as soon as such funds are collected, and shall keep funds so received separate and distinct from the general funds of said city, 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 city, who is ex-officio clerk of said commission shall exhibit said records to the Mayor and Council whenever called upon by them to do so. It shall be the duty of the Common Council to cause to be paid over to said 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 city, 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 city, and on all bonds which may be hereafter issued by said city, to be held, controlled and disposed of by said sinking fund commission as herein provided. Sinking fund commission. Chairman. Clerk. Treasurer. Duties of commission. SEC. 22. Be it further enacted, That there shall be a board of health to consist of a city physician and two citizens of the city, who shall be appointed by the mayor and confirmed by the City Council, 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 Mayor 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

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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 City Council. Board of health. SEC. 23. Be it further enacted, That said board of health shall have full power and authority to declare by 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 resolutions 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 East Point 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 City Council 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. Health ordinances. Punishment for violation of regulations. SEC. 24. Be it further enacted, That said board of health shall have the supervision of all streets, lanes, 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

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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 City Council every quarter, together with such recommendations touching the public welfare as they may deem fit and proper, and shall also make such other and further reports from time to time as the City Council 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 this proceeding of this board shall be 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 City Council 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. Whenever any member of said board shall fail to attend three regular consecutive meetings of said board without sufficient excuse, the chairman shall report the same to the City Council who shall have authority to declare vacant and fill the same as in the first instance Supervision by board of health. Reports. Quorum. Records. Quarantine. Reports of births, deaths and marriages. SEC. 25. Be it further enacted, That the City Council 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,

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and when 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. 26. Be it furthe enacted, That the City Council shall, on the report of the board of health, cause the owner or owners of lots within the city to drain the same or fill the same to the level of the street or alley 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 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 such 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 shall be subject to punishment for maintaining a nuisance. Drainage. SEC. 27. Be it further enacted, That no member 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 for material or other articles paid out for the public revenues, or for which the city becomes responsible. Contracts with city, no member of board must be interested in.

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SEC. 28. Be it further enacted, That at the first regular meeting of the City Council, which shall be held on the first Tuesday in February of each year after the regular municipal election in January for the purpose of reorganization, the Council shall elect one of their number Mayor pro tempore, for the 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 City 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; 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 City of East Point. Said Mayor and Council shall have power and authority, in their discretion, to suspend or remove such officers from office, or impose fines on said officers; provided, that before removal or fine, said officer shall be entitled to a hearing before the Mayor and Council, on the charges preferred, under such rules as the Mayor and Council may fix. It shall be the duty of the Mayor and Council, prior to their election, to fix the salaries, fees or compensation of all the officers, agents or employees of said town, which, when once fixed, shall not be changed during the term of office of said officer, agent or employee. All of said officers, agents, and employees shall be elected or appointed for terms of one year and until their successors are elected, appointed or qualified. Mayor pro tem. Other officers. Oaths and bonds. Supensions and removals. Compensation of officers. SEC. 29. Be it further enacted, That it shall be the duty

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of the clerk to collect and keep, subject to the direction of the City Council, all moneys due and belonging to the city, as hereinafter provided; to be the custodian of the books and records of the city; to attend and preserve minutes of all the acts and doings of each meeting of the City Council; to be ex-officio clerk of the Recorder's Court of the said city 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 City Council. Before entering upon the discharge of his duties, he shall take before some officer authorized by law to administer oaths, 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 City 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 City Council to do so. Clerk's duties. Oath of Clerk. Bond. SEC. 30. Be it further enacted, 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 all 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 all sums of money paid out by him, which books and receipts shall at all times be subject to the inspection of any citizen of the said city, and all sums of money paid into the hands of the treasurer by the provisions of this Act shall be, and the same are hereby directed to be a fund for the exclusive use of said city. The duties of the treasurer are such as are usually, or which

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may be, required of him by the ordinances of said city and this Section. Before entering upon his duties, he shall take an oath before some officer authorized by law to administer oaths, to faithfully and honestly discharge the duties of his office, and shall execute such bond as may be required of him by the City Council, with good and sufficient security, to be approved by the Mayor. He shall also make general and special reports in the manner and at the times when called upon by the City Council to do so. Treasurer's duties. Oath and bond. SEC. 31. Be it further enacted, That all 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 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 its City Council governing such office. Oaths and bonds of officers. SEC. 32. Be it further enacted, That it shall be the duty of the chief of police or the police officer of said City, to levy and collect all executions for taxes or other moneys 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 to perform such other services as the City Council shall by ordinance require. Each police officer shall take the same oath of office as is prescribed for the treasurer; provided, that nothing herein contained shall prevent the City Council from consolidating and combining the offices of chief of police and city marshal, and electing the same person to fill both offices. Collection of executions. SEC. 33. Be it further enacted, That the City Council shall have authority by ordinance to prescribe the duties of city attorney, city engineer, and all other officers of the

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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. City Attorney, City Engineer and other officers. SEC. 34. Be it further enacted, That a Recorder's Court be, and the same is, hereby established for said City of East Point, which shall have jurisdiction to try all offences 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 witnesses for non-attendance, 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, or who shall absent himself or go away or remove beyond the reach of the processes of the Court. Said Court shall have full jurisdiction, power and authority throughout the entire County of Fulton for the purpose of compelling the attendance of witnesses before said Court, residing anywhere in said County of Fulton. Said Court shall be presided over by the recorder, or in his absence or disability or disqualification, by the Mayor or Mayor pro tem., to any member of the City Council, and said Court shall be held every Monday afternoon 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, its jurisdiction, etc. Presiding officers. SEC. 35. Be it further enacted, That the recorder shall be elected by the qualified voters of the City of East Point in the same manner that the Mayor is elected. The first election shall be held at the next regular election for electing the Mayor and Council, after this Act becomes operative, and his term of office shall begin on the first Tuesday

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in February thereafter, and shall continue for two years; and biennially after said election a recorder shall be elected for a term of two years. The recorder shall be at least 25 years of age, and who shall have resided for two years next preceding his election in the City of East Point, who shall be a qualified voter therein, and shall not hold any other office in said city; and before entering upon the duties of his office, he shall take an oath before some officer 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 City Council. The recorder may be removed from office by the City Council after trial and conviction had before the same upon written charge of neglect of duty, malpractice in office or other conduct unbecoming his station. The vote of a majority of the City Council shall be necessary for such conviction and removal. The 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. The term of office of said recorder shall begin on the first Tuesday in February, 1913, and shall continue for two years, or until his successor is elected and qualified; and biennially on the firs Tuesday in February a recorder shall be elected by the City Council in the same manner that his clerk and treasurer are elected. The recorder of said city of East Point shall be paid an annual salary not to exceed $400.00, to be fixed by the City Council, which shall be received by him in compensation for all services required of him by the City Council of said city. There shall be assessed by him in each case tried by him in which a fine is imposed a cost of seventy-five cents, said cost to be paid into the treasury of said city. The Mayor

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or any member of the Council may preside in the Recorder's Court until the duly elected recorder at the election on the first Tuesday in February, 1913; shall assume the duties of the office as hereinbefore provided. Election of Recorder. Qualifications. Oath. Removal from office. Recorder's powers. Term of office. Compensation of Recorder. Costs. Mayor or member of Council may preside when. SEC. 36. Be it further enacted, That the recorder or Mayor or Mayor pro tem. or any member of the City Council in the Recorder's Court shall have power to impose fines for the violation of any law or ordinance of the City of East Point to an amount not exceeding five hundred dollars, or to imprison offenders in the city barracks for a period of not more than ninety days, or to labor on the public works or streets in the city chain-gang for not more than ninety days, any or all, both fine and imprisonment and labor, in the discretion of the recorder. He shall also have the same powers as judges of the Superior Courts of this State 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 offences 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 Fulton County, or admit them to bail in bailable cases for their appearance at the next term of Court of competent jurisdiction to be held in and for said county. Fines and imprisonment. Contempts. Commitments. Appearance bonds. SEC. 37. Be it further enacted, That in the absence, sickness or disqualification of the Mayor and of the recorder, the Mayor pro tem. or any member of the City Council of said city shall be clothed with all the powers of Mayor and recorder and shall hold the Recorder's Court. Mayor pro tem or member of Council may preside when.

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SEC. 38. Be it further enacted, That the City Council shall have full power and authority to pass all laws and ordinances, rules and regulations necessary or proper to secure the efficient and successful administration of the Recorder's Court. Ordinances to make efficient Recorder's Court. SEC. 39. Be it further enacted, That any one convicted in the Recorder's Court shall have the right of appeal to the City Council within four days after conviction, but he shall not be required to appeal from the judgments or decisions of said Recorder's Court before he is entitled to the writ certiorari to the Superior Court of said county, with the right of appeal from the judgment of the Superior Court as in other cases. That wherever 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 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 Recorder'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 carry out and perform said sentence in the event the same is affirmed. Appeal. Certiorari. Supersedeas. Appearance bond. SEC. 40. Be it further enacted, That the City Council shall have power to control all markets and marketing within the city limits, 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

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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. Market and marketing. SEC. 41. Be it further enacted, That the City Council shall have full and complete power and authority over all the streets, lanes, alleys, sidewalks, crossings, parks and public lanes 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 reasonable time as may be fixed by said City Council, 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 as in case of executions for unpaid taxes, and he shall be also subject to punishment for maintaining a nuisance. They shall have full 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 lane, alley, sidewalk, park or square contrary to the original plan of the city, without the consent of three-fourths of the City Council, by vote had at a 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 to the public

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by said applicant, by advertisement for one insertion in the official gazette of the city, or as the City Council may require. In the event the City Council 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 unequivocably 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, administrator, guardian, agent or other judiciary, in the manner provided by Sections 4657 to 4685, inclusive, of Volume 2, of the Code of Georgia, 1895, and Acts amendatory thereof. Authority over streets, etc. Condemnation. SEC. 42. Be it further enacted, That the City Council shall have full power and authority to pave or otherwise permanently improve any or all streets, sidewalks or alleys of said city, now or that may hereafter be opened, laid out or constructed, and to lay out 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 the sidewalk, but only on the side of the street on which the sidewalk is improved, if on one

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side only. Said Mayor and Aldermen shall have full power to assess as much as 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; the real estate abutting on both sides of the street not together be assessed more than two-thirds of the entire cost, in the discretion of the City Council, and any street railroad company or other railroad company having a track or tracks running along or across the street of saic 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 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 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 otherwise improvement, either upon the street, 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 of making the assessment, which execution may be levied by any policemen of the city on such real estate, and after advertisement and other proceedings as in case of sale of realty for city taxes, the same

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may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution is issued, is due, and 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 Fulton County, and there tried and the issue determined, as in case 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 pavements 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 such 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, then, and in that event, the City Council 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 the City Council 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 more in proportion for said paving or other permanent improvement than private property is herein liable to be assessed. And when any street, sidewalk or alley is paved or otherwise permanently improved, by the City of East Point, upon which any public

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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 permanent improving, then the City Council 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 or 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. Assessments. Lien of assessments. Whenever any street, sidewalk, or curbing improvements shall be authorized or laid by the City of East Point, the abutting property owner shall be allowed to pay for same as follows: One-fourth cash and the balance in one and two years from the date of said improvements, with interest thereon at seven per cent. (7%) per annum. The city shall have a lien on the abutting property to secure said payment, and the City of East Point shall have the right to sell and transfer all such liens and claims to third parties, who shall be protected by the same lien and rights that the city has and holds against abutting property. Nothing in this Section shall be construed to deprive the property owner the right of paying for same in cash at the completion of the work, if he desires to do so. Assessments may be paid in installments. SEC. 43. Be it further enacted, That the City Council shall have the power and authority to grant encroachment

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upon the street, sidewalks, 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 to be affected thereby. Encroachments, power to grant. SEC. 44. Be it further enacted, That the City Council shall have power and authority to license, regulate and control all hotels, public boarding houses, sleeping apartments, restaurants, opera houses, theatres, picture shows, bowling alleys; to license and regulate drays, hacks, wagons, automobiles and other 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 houses 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 and regulations. SEC. 45. Be it further enacted, That the City Council shall have power and authority to prevent stock from running at large, and to take up and impound any horse, mule, cow, hog, goat, 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

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laws and ordinances as may be considered necessary to carry out the provisions of this Section. Impounding of animals. SEC. 46. Be it further enacted, That the City Council 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 such license. Liquor licenses. SEC. 47. Be it further enacted, That the City Council 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 East Point, and to punish any person or persons for violating the same. Keping of wine, etc., for illegal purposes forbidden. SEC. 48. 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 for the purpose of, or with the intent to illegally sell, or otherwise illegally dispose of the same, in certain described place within the corporate limits of the city, or within the police jurisdiction thereof, shall thereupon issue a search warrant, directed to the chief of police and policemen of said city, commanding them to enter the suspected place for and sieze the same if it be found therein. The officer making

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siezure 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 sieze 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 warrant notice on the persons appearing to have said liqnors in his custody and control, and if no one appears to be in immediate 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 siezed 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 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 Recorder's Court to be tried and punished as the ordinances shall direct. Ordinances for enforcement preceding section. SEC. 49. Be it further enacted, That the City Council 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

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limits are so established it shall not be lawful for anyone 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 City Council; and should anyone erect or cause to be erected any building or structure other than as above authorized within said fire limits, the City Council, 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 and regulations. SEC. 50. Be it further enacted, That the City Council 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 bonding, insurance and other capital employed therein. They shall have power and authority to levy and collect a specific tax in 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 21 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 Recorder's Court or City Council may enforce the same by fine, execution or compulsory

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labor on the said streets in the discretion of the Recorder or the City Council, hearing and dealing with same. Taxation. SEC. 51. Be it further enacted, That the City Council shall have the 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. 52. Be it further enacted, That there shall be established in said city of East Point, a system of public schools, to be established, conducted, maintained, supported, and provided for in the manner prescribed in this Act. Public school system. SEC. 53. Be it further enacted, That within thirty (30) days after this Act shall become operative, the Mayor and Council of the City of East Point shall elect from the citizens of said city four (4) persons, who shall constitute a board of education for said city, and all elections thereafter shall be held on the first Tuesday in February of each year, and the same shall be elected by the Mayor and Council of said city. The term of office of the members of said board of education so elected at said election shall be as follows: Two of the members of said first board shall hold office until the first Tuesday in February after their election, and two shall hold office until the first Tuesday in the second February after their election, and thereafter the term of office of each member of said board shall be two (2) years, unless elected to fill an unexpired term, or until his successor is elected and qualified. All vacancies in said board, from death, resignation, removal from the city, or otherwise, shall be filled by said Mayor and Council at their first regular meeting thereafter, or at some subsequent

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meeting; provided, no person shall be eligible to said board who is not twenty-one (21) years of age, or who has not resided in said city for six (6) months next preceding his election. The Mayor of East Point shall be ex-officio member of said board. He shall have all the privileges and authority as other members of the Board, except he shall not be eligible to the office of president, vice-president, or secretary and treasurer of such Board. Board of education. SEC. 54. Be it further enacted, That within ten days from the date of their election, said Board of Education shall organize by electing a president, vice-president and treasurer, who shall also be the Secretary of said Board, and such other officers as the Board may deem advisable, all of whom shall be elected by said Board from their own body, except the Treasurer and Secretary, who may or may not be a member of said Board, and who shall give bond with good and sufficient security, payable to said City of East Point, conditioned for the safe keeping and proper disbursement of the funds placed in his charge as such treasurer in such sum as the Board may fix. His compensation shall be fixed by the Board previous to his election. It shall not be lawful for said treasurer to pay out any funds except upon order of the Board of Education. The Secretary shall keep a record of all the acts and doings of the Board, which record shall be open to inspection by any person interested therein. All the officers of said Board shall hold their office at the pleasure of said Board. No member of said Board of Education shall be eligible to the office of Superintendent of Schools, nor to the position of teacher therein, nor to the office of mayor or councilman of said city. Said Board shall serve without compensation. A majority of said Board shall constitute a quorum for the transaction

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of business. Any member of said Board may be removed from office by the city council after a hearing, for failure to discharge his duty, or for misconduct in office. Officers of board of education. SEC. 55. Be it further enacted, That said Board of Education, after their election, shall assume control of its system of public schools in said city of East Point, and shall have authority to modify the same from time to time; to establish such schools as they may see proper; to adopt such rules and regulations as may deem necessary for the successful conduct of such schools; to elect annually a superintendent, principals and teachers for said schools and fix their salaries; to prescribe the course of study and also the text books, and books of reference to be used in said schools; to determine the length of the scholastic term and the time of beginning and closing said schools; to suspend or remove the teachers employed in said schools; to build, purchase, lease or rent at least one school house each, for white children and colored children of said city; to furnish said school house with such furniture, apparatus applicances and other conveniences and property as may be necessary for the purpose of said schools; and to make such by-laws, rules and regulations for their own government, and that of the Superintendent, teachers and pupils as they may deem proper and not in conflict with the laws of this State, and to do any and all acts promotive of the best educational interests of said city not in conflict with this Act or the laws of this State. Board of education control public school system. SEC. 56. Be it further enacted, That all children between the ages of six and eighteen years of age, whose parents, guardian, or natural protectors bona fide reside within the corporate limits of said city, shall be entitled to the benefit of said school. Children of like ages, whose parents,

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guardians or natural protectors reside out of the city and children of any other age, whether residents of said city or not, may be admitted into said schools on such terms and rules as to tuition as said Board may prescribe. The funds arising from this source shall be applied to the maintenance of said schools. Children entitled to benefits. Non-residents, tuition for. SEC. 57. Be it further enacted, That the white and colored children shall be taught in separate schools. Separate schools for white and colored children. SEC. 58. Be it further enacted, That said Board of Education shall keep regular minutes of its proceedings, and shall make report annually on the first Monday in July, to said mayor and council of the condition of the public schools and expenditures for the school year, and such other information and recommendations as they may deem proper which report shall be published in the official organ of the city. Minutes and reports. SEC. 59. Be it further enacted, That said Board of Education shall, as soon as practicable after their election, submit to the mayor and council an estimate of the amount of money needed by them to operate the public schools for the current scholastic year. An annual estimate shall be submitted to the city council by said Board of Education on or before the first day of March of each year, and such assessments shall be levied and collected in the manner and at the time other taxes are levied and collected for city purposes; provided, that no tax collector for the support of said public school shall exceed thirty-five one hundredths of one per cent. Said mayor and council shall pay over to the Treasurer of said Board of Education such tax when levied and collected for the support of said schools. Said mayor and council shall have the authority to appropriate

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any special taxes collected by said city from any source whatever to the maintenance of said schools. The Board of Education shall not have the authority to contract any debt during any year in excess of the appropriation for the public schools for that particular year. Estimates, assessments and tax levy for schools. SEC. 60. Be it further enacted, That the State Treasurer shall pay to the Treasurer of said Board of Education annually the pro rata part of the State School fund due to the City of East Point. State school fund. SEC. 61. Be it further enacted, That the Board of Education of said City of East Point be, and they are hereby authorized and empowered to purchase, build, erect, furnish and maintain other and additional school buildings and premises or lots on which same shall be erected, at such places in said city as said Board may deem proper, and for the use and benefit of the public school system of said city; and for such purpose, the city council of said city are hereby authorized and empowered in their discretion, to issue and sell $12,000 of bonds of said city, in such denomination as they may deem proper, running for not more than thirty years from the date of their issue and to bear interest at the rate of not exceeding five per cent. per annum; the principal and interest of said bonds to be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; provided that the qualification of voters of said city assent to the issue of said bonds as provided by law at an election to be called by the city Council at such time as they may deem proper and in accordance with the general law of the State of Georgia, for such elections. In the event

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said bonds are authorized and issued the City Council shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, erecting, furnishing, procuring, owning and maintaining another and an additional school building or buildings and the premises or real estate on which the same shall be erected, for the use and benefit of the public school system of said city as herein-before provided, and in such manner and at such places in said city as the Board of Education deem proper. School buildings. Bonds. SEC. 62. Be it further enacted, That all taxes due said City of East Point on all property therein subject to taxation shall be due and payable semi-annually, the first semi-annual installment of fifty per cent. (50 per cent.) 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. Said city of East Point shall have the authority to regulate by ordinance the manner of making the assessments to such semi-annual collection of taxes, and to provide for the issue and levy of execution 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 under existing laws; provided, further

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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 city council of said city may allow a two per cent. discount thereon. All taxes shall bear interest at seven per cent. (7 per cent.) per annum from date when due. Taxes due, when, and how assessed and collected. SEC. 63. Be it further enacted, That the City of East Point shall have power and authority to establish, equip and maintain a city chain gang and pass all necessary rules and regulations for its proper management of same. Chain-gang. SEC. 64. Be it further enacted, That for the purpose of revising revenues for the support and maintenance of the City of East Point, the city council shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, money used in banking and every other species of property in said city 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 which shall not exceed thirty-five one hundredths of one per cent. per annum and exclusive of the taxes required and sufficient to pay the annual interest on the bonded indebtedness of said city and to provide a sinking fund for the purpose of paying the principals of said bonded indebtedness as required by law. The ad valorem tax above authorized for the 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 city council shall have power and authority to provide by ordinance for the returns and assessments of all taxable property

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in said city and to provide for neglect or refusal to comply with the same. Ad valorem tax. SEC. 65. Be it further enacted, That the city council of said city be and they are hereby authorized and empowered to make an assessment of the various lots of land and lot owners on said city for sanitary purposes, not to exceed three dollars per annum on each lot so assessed; and the city council are hereby authorized to collect the same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of the assessment. The execution shall be issued and enforced in the same manner that tax executions are enforced in said city. The amount so collected shall be used for sanitary purposes. The city council shall have power and authority to prescribe a lot for sanitary purposes and assessments; provided, no lot shall be less than twenty-five feet front; provided, that the assessment provided in this Section shall not be made on vacant lots and that resident lots shall not be sub-divided for assessment. Sanitary tax. SEC. 66. Be it further enacted, That the city council shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials or violations of the city ordinances and the procedure in all such trials. All executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demand or debt shall be issued by the clerk and bear test in the name of the mayor or mayor pro tem (except where otherwise provided) and shall be directed to the chief of police, marshal and police officers of said city and to all and singular the sheriffs and constables of this State, and shall state for what issued and made returnable to the city council of said city ninety days after

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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' sale 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 it within one year by paying the purchaser the amount paid therefor, with ten per cent. premium thereon and interest on said principal amount at the rate of seven per cent. per annum. Whenever at any such sales for taxes due no one present shall bid for the property put up for sale as much as the amount of such executions and all costs, after such property shall have been cried a reasonable time, then any duly authorized or appointed agent of the city may bid off such property for said city, and the marshal or such other officer making the sale shall make the city of East Point, a deed to the property so sold and delivered the same and the title thus acquired by the city shall be perfect and valid after the period provided for the redemption by the owner shall have expired and the marshal or other officer making the sale shall put said city in possession, and the city council shall have no right or authority to divert or alieniate the title of the city to any property so purchased, except by public sale to the highest bidder in the manner to be prescribed by the ordinance of said city. The clerk of said city 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

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satisfied shall be returned to the office of the clerk and there filed. All sales and conveyances made under executions as provided in this Act shall have all the force and effect of sales and conveyances made by Sheriffs of this State and the officer making the sale shall have the same power as Sheriffs to put purchasers of property sold by them in possession. Trial of offenders. Collection of executions. SEC. 67. Be it further enacted, That the city council shall have the power and authority to lay down and construct and repair sewers and a sewerage system, in said city, 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 of 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 estate 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 lineal foot, making in all not more than one dollar for every foot to be assessed upon such property through which sewers are constructed as aforesaid. The extent and character, material used, and expenses of sewers constructed, as well as the time and manner of constructing the same shall be in the discretion of the mayor and council, to be prescribed from time to time by ordinance. The remaining cost of all sewers

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constructed after the collection of the assessment levied shall be paid by the city council from the treasury of the city. The assessment 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. 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 city cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in case of property taken under condemnation proceedings, under the laws of this State for opening, straightening, or widening streets under this charter. Upon payment or tender of the amount of the award the work may proceed, notwithstanding the entering of any appeal. The 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 therefor, shall apply to the territory without said city limits as may be necessary for the purposes aforesaid. Sewerage. Assessments. Lien of assessments. Condemnation. SEC. 68. 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

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sewers and at what points, and generally all matters relating to the use, control and repair of sewers and sewer connections; and its replacing of payment and other adjacent structures in good sanitary condition, shall be at all times exclusively under the direction and regulation of the city council in their fair and legal discretion. Preservation and protection of sewers. SEC. 69. Be it further enacted, That the city council shall or may provide by ordinance for the execution of the foregoing provisions as to sewers, sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by and through such Boards, Committees or officers as they may deem best. Sewer and sanitary ordinances. SEC. 70. Be it further enacted, That the city 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 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. The 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 in the corporate limits, and shall have 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 city council, or whenever they shall become and be declared by the city council a nuisance. The city council shall also have power and authority to order and compel the owner or owners of the property within said city to connect water closets or urinals on their property with the sewers and sanitary system of said city when such property is

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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 city council. Should any property owner fail or refuse to make connections within the time prescribed by the city council, through its proper officers or agents, shall have power and authority, in the interest of the public health to enact ordinances for the punishment of the offender by fine or imprisonment or both. Health ordinances. SEC. 71. Be it further enacted. That the City of East Point is hereby granted power of eminent domain, and the city council are hereby authorized and empowered to condemn lands within or without its corporate limits for the erection of public buildings for said city, for public parks, water supply, sewers, septic tanks, crematories, farms for handling and disposing of sewerage, and for all other public purposes and improvements, such condemnation to be made as provided by the Act of the General Assembly providing a uniform method of exercising the right of condemning, taking on 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 the Acts of the Legislature, amendatory thereof; 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 within corporate limits for certain purposes. SEC. 72. Be it further enacted, That the city council 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 Recorder's Court of said city shall have concurrent jurisdiction with the mayor and council with respect to the trial and abatement of all nuisances in said city. Abatement of nuisances.

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SEC. 73. 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 a Board of Tax Assessors or to consist of three disinterested freeholders of said city to be elected annually by the city council 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 city council who shall be paid out of the city treasury such compensations for their services as may be fixed by the city council, the same not to exceed the sum of four dollars per day to each for every day actually engaged in said work. Tax as sessors. Appeal from assessment. SEC. 74. Be it further enacted, That the city council 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 same and of the public. Speed ordinances. SEC. 75. Be it further enacted, That the city council shall have full power and authority to regulate the storing and 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. Regulation of inflammable or explosive oil or substances. SEC. 76. Be it further enacted, That the city council shall have full power and authority to regulate the running of all railroad trains and all street cars within the city limits

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and to prescribe the manner in which the same may be run and the rate or speed of the same. Regulation of running of trains. SEC. 77. Be it further enacted, That the city council on 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 with lights or water, or light and water, whenever the same can be done without interferring with the efficient service of the city light and water plant to the inhabitants of the city. Water and light contracts. SEC. 78. Be it further enacted, That the City Council shall have the power and authority to grant franchises, easements and right of ways, over, in, under and on public streets, lanes, alleys, sidewalks, parks and other property of said city on such terms and conditions as they may fix; provided, that franchises shall not be granted for more than a term of twenty years, nor shall they be granted without compensation to the said city, to be provided for in said franchise ordinance. Franchises, etc. SEC. 79. Be it further enacted, That it is hereby made the duty of the mayor and council 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 city council 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. Expert accountant. SEC. 80. Be it further enacted, That the city council shall have full power and authority to issue bonds for the purpose of meeting and maturing outstanding bonds of said city and for any purpose of internal improvement whatever,

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under the Constitution and laws of Georgia regulating the issuing of municipal bonds. Bonds. SEC. 81. Be it further enacted,That before the provisions of this Act shall become operative, the same shall be submitted to the qualified voters of the City of East Point at an election to be called by the mayor and council for such purpose, and if a majority of those voting at said election approve of said charter, then each and all of the provisions of this Act shall become effective, but if a majority of those voting at said election should fail to approve of this Act, then the same shall remain inoperative. At said election those voting in favor of this Act shall have written or printed on their ballot the words For the New Charter, and those voting against this Act shall have written or printed on their ballot the words Against the New Charter. Said election shall be held in the same manner that elections for mayor and councilmen are held, and the managers of said elections shall make their returns to the mayor and council who shall receive same and declare the results thereof, which shall be entered on the minutes of the mayor and council. The mayor and council are authorized to fix the date for said election at such time as they may deem proper, and to give such notice of the time and place of such election as in their discretion they may deem proper. Election to ratify this Act. SEC. 82. 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 19, 1912.

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EATONTON, CITY OF, CHARTER AMENDED. No. 409. An Act to amend an Act approved August 5th 1908, entitled An Act to create and establish a new charter for the City of Eatonton, to declare the rights, powers and privileges of said corporation, and for other purposes; so as to provide for the election of the police force of said city by the Board of Council instead of by popular vote 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 eight (8) of the Act aforesaid, be and the same is hereby amended by striking therefrom, at the election at which a marshal and an assistant marshal are elected, there shall also be elected a city clerk in lines one, two and three of said section 8 and inserting in lieu thereof the following: on the first Wednesday in August 1913, and biennially thereafter there shall be elected by popular vote in the same manner as the Mayor and Council are elected a city clerk, so that when amended, said section shall read as follows to-wit: SEC. 8. On the first Wednesday in August 1914, ano biennially thereafter, there shall be elected by popular vote in the same manner as the Mayor and Council are elected a city clerk, who shall be ex-officio tax collector, a treasurer and an auditor, each of whom shall hold office for two years and until his successor is elected and qualified. The clerk shall receive a salary not exceeding two hundred and

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fifty dollars ($250.00) a year; the treasurer a salary not exceeding fifty ($50.00) dollars a year, which compensation shall remain the same during the term of office. The auditor shall receive such compensation as is fixed by Council. Aldermen, when not otherwise prohibited by law, but not the Mayor, shall be eligible to election as clerk or treasurer. The city clerk shall give a satisfactory bond to be approved by the Board of Council, in the sum of one thousand ($1,000) dollars; the treasurer shall likewise be bonded in the sum of three thousand ($3,000) dollars. Each of said officers shall discharge the duties hereinafter prescribed, or which may be required of him by ordinances of the Board of Council and shall before entering upon the discharge of his duties, take and subscribe the following oath: I do solemnly swear (or affirm) that I will faithfully and impartially discharge my duties as of the City of Eatonton, during my term of office, to the best of my skill and ability, so help me God. The cost of all surety bonds of bonded officers of the city shall be paid out of the city treasury. Eatonton, City of, election of officers. Compensation of officers. Bonds of officers. SEC. 2. Be it further enacted by the authority aforesaid, That Section 19 of the Act aforesaid (approved August 5th, 1908) be and the same is hereby amended by striking therefrom the following words: The police force of the city shall consist of a marshal, who shall be chief, and of one assistant marshal, both of whom shall be elected by popular vote at the same time and in the same manner as the Mayor and Council are elected, and shall serve for one year, and until their successors are elected and qualified but said marshal and assistant marshal may be suspended or removed from office as provided in Section 1, lines 1 to 6 both inclusive of said Section 19; and substituting in lieu thereof the following: the police force of the

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city shall consist of a marshal who shall be chief, and of one assistant marshal, both of whom shall be elected by the Board of Council (the Mayor voting) on the first Wednesday in September 1913 and annually thereafter, and both of whom shall serve for one year and until their successors are elected and qualified, but said marshal and assistant marshal may be suspended or removed from office as provided in Section 11 of the Act creating and establishing a new charter for the City of Eatonton, approved August 5th, 1908, so that said Section when so amended shall read as follows: SEC. 19. The police force of the city shall consist of a marshal, who shall be chief, and one assistant marshal both of whom shall be elected by the Board of Council (the Mayor voting) on the first Wednesday in September 1913, and annually thereafter, and both of whom shall serve for one year and until their successors are elected and qualified, but said marshal and assistant marshal may be suspended or removed from office as provided in Section 11 of the Act creating and establishing a new charter for the City of Eatonton, approved August 5th 1908. Said marshal and assistant marshal shall take such oath and give such bond as shall be required by ordinance, and receive such compensation as may be fixed by the Board of Council, which shall not be changed during their respective terms of office; shall be allowed no costs or extra compensation. Emergency policemen may be appointed by the Mayor or elected by the Board of Council, to serve temporarily during said time as said Mayor or Mayor and Council may deem necessary, and shall receive such compensation as the Board of Council may fix. Police force. Oath and bond of officers. It shall be the duty of the police officer to make arrests in the manner prescribed by law of persons charged with

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violations of the laws and ordinances of the city, or the penal laws of the State; to prosecute offenders in the police court, and when necessary, in the State Courts, and in general to preserve good order and enforce the law throughout the city as well as to perform any and all other duties required of them by ordinance. They may be suspended for failure to perform any duty, by order of the mayor, and if the charges be sustained, they may be removed by the Board of Council. Police officers' duties. (2) The police force shall be armed and so uniformed as to be readily recognized by the public as police officers, the arms only to be furnished at the expense of the city. Arming and uniforming of officers. 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 9, 1912. FAIRVIEW, SCHOOL DISTRICT OF, INCORPORATED. No. 460. An Act to incorporate the Fairview School District in Cherokee and Pickens Counties and define the boundaries of same, to establish a board of education therein and to confer on said board certain powers to regulate the management and control of schools in said district, and to provide revenue for the same, 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, and the ratification of the same as hereinafter provided, there shall be established a corporate school district in the northern part of Cherokee and the southern part of Pickens Counties, to be known as Fairview School District, which district shall embrace all that territory beginning where Long Swamp Creek crosses the Pickens County line, going westward along the Pickens County line to the incorporate limits of Nelson, following the incorporate limits westward to the Pickens County line thence due westward to where the line of 4th district in 2nd section crosses the Pickens County line, thence due south with the line of Ball Ground and Clayton district to Sharp Mountain Creek at the H. E. Robertson farm land lot No. 304, thence down Sharp Mountain Creek to the mouth of the Lyons branch, thence up the Lyons branch to the line of lot No. 308, thence eastward to the corner of said lot, thence northward to the south-west corner of lot No. 300 thence eastward to the eastern side of the railroad right of way, thence northward on the eastern side of railroad right of way to the northern line of land lot No. 300, thence eastward to the north-east corner of said lot, thence due east to the public road known as the Ball Ground and Dawsonville road, thence northeasterly with said road to Longswamp Creek, thence up Longswamp Creek to the Pickens County line. Fairview, school district of. Limits defined. SEC. 2. Be it further enacted, That the management and control of all schools in said District shall be vested in a board known as the board of Education which shall be composed of five persons and which board by that name and style shall have perpetual succession, have and use a common seal, have a right to sue and to be sued, and shall

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have power to purchase, receive and hold to them and their successors in office for school purposes any estate, real personal and of every kind and character. Board of Education. SEC. 3. Be it further enacted that on the 3rd Saturday in August 1912 an election shall be held at the School House in said district for the ratification of this Act, said election to begin at 8 o'clock a. m. and close at 4 o'clock p. m. and shall be participated in by only qualified voters of said district, those favoring the ratification of this Act shall have written or printed on their ballots the words, (For corporate School District). Those opposed to the ratification of the Act, shall have written or printed on their ballots the words (Against corporate School District.) The returns of said election shall be immediately sent to the Ordinary of Cherokee County, if two thirds majority of the qualified voters voting in said election shall vote for corporate school district, the Ordinary shall declare this Act ratified and the same shall become of full force, if two thirds of the voters voting in said district shall fail to vote, for corporate school district, then this Act will be of no effect and void; provided, that by a petition of one fourth the qualified voters of said district, the Ordinary of Cherokee County shall call another election once every year thereafter until this Act shall be ratified as hereinbefore provided. Election for ratification of this Act. SEC. 4. Be it further enacted, That at the same time and place of the ratification of this Act, the Board of Education of said district shall be elected in the following manner, the two persons receiving the greatest number of votes, shall be declared elected for the term of three years, the next two receiving the next greatest number shall be declared elected for the term of two years, the one receiving

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the next greatest number shall be declared elected for the term of one year, at the expiration of the term of any of the board the board shall call an election and a successor to the member or members as the case may be, shall be elected for a term of three years. Election of Board of Education. SEC. 5. Be it further enacted that said board of education shall immediately after this act goes into effect, organize by electing a president and vice-president secretary-treasurer, which president and vice-president shall be members of said board and which secretary-treasurer may or may not be a member of said board, no member shall receive compensation for his service except the secretary-treasurer, whose compensation shall be fixed by the board at the beginning of their terms, and shall not be thereafter changed during said term. The secretary-treasurer may be removed from office by the board for sufficient cause in their discretion, the secretary-treasurer shall give good and sufficient bond to be fixed and approved by the board, no person shall be a member of said board, or fill the office of secretary-treasurer who is not a bona fide resident of said school district. Officers of Board. SEC. 6. Be it further enacted That the said board of education shall have the power to adopt a system of public schools in said district, to elect a superintendent and prescribe his duties, and to remove him for cause in their discretion, to employ, suspend, or remove teachers and fix their compensation by salary or otherwise, to take and hold title to such property, to make such rules and regulations for the government of themselves, and such schools as they may deem proper not to conflict with the laws of this state, and to do any and all things to promote the educational interest of said district, not in conflict with the provisions

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of this Act, or the laws of this State, provided that said board shall not have the power to purchase property, where the purchase price exceeds five hundred dollars or sell it without the consent of a majority of the qualified voters of said district to be ascertained by an election to be held for that purpose, notice of which election shall be given by said board for twenty days prior to the holding of the same, and which election shall be held in accordance with the laws governing the election of members of the Legislature and in which election the returns shall be made to the board of Education who shall publish the same and any citizen may contest the legality of said election, or the correctness of said returns in the same manner as contests are made in the election of Justice of the Peace and Constables, provided that said board may purchase property sold under tax executions, issued for taxes to support the school system of the district as well as fuel, crayon, erasers, and other articles of necessity to meet the current demands of the school without an election. System of schools. SEC. 7. Be it further enacted, That the board of education for said district shall have power and it shall be their duty to fix the rate of tuition for non resident pupils they shall receive from the State School Commissioner direct the districts share of the public school fund and it shall be the duty of the State School Commissioner to pay said money to said board, said board shall give any and all information concerning said school district, to the State School Commissioner that may be demanded by him, and shall determine the amount necessary to be raised by taxation on all the property of the district which augmented by the public school fund and other incomes of the district will when economically administered, pay the current expenses of said school system, provided the rate of taxation

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shall not exceed one per cent. Said board shall ascertain from the tax returns made to the Tax Receiver and from the returns made to the Comptroller-General the total value of all property in said district subject to taxation for county purposes and a regular digest of all such property of said school district shall be made in a book kept for that purpose by the board of education of said district, at or before the time of fixing the rate of taxation for the county, said board shall levy such rate on the property thus found as will raise the total amount to be collected, said Board of Education at or before the time of fixing the rate of said county shall certify to said authority and to the Comptroller-General of the State, the rate of taxation fixed for said school district and said taxation authority of said county shall levy such special tax at the same time and in the same manner, as is now prescribed for levying taxes for county purposes, a copy of the special tax digest of said district shall be furnished by said board to the secretary-treasurer of the board of said district and it shall be his duty to compute and collect said taxes and turn same over to said board, as well as tax received for said district from railroads and other corporations that make their returns to the Comptroller-General, taking their receipt for same. In any case in which it is impossible to determine from the tax returns made to the Tax Receiver of the county the value of the property of any citizen situated in said district and subject to taxation in said district, the secretary of the Board of Education for said district shall issue a summons to said tax payer requiring him to make returns within five days to said Secretary of his property situated in said district and subject to taxation, should said returns be unsatisfactory to said Board of Education, the same shall be rejected and submitted to arbitration as is now provided by law for such cases when

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returns are rejected by tax receivers, all property both real and personal including franchises belonging to railroads, telegraph and telephone companies, and to all other corporations which are now required to make their returns to the Comptroller-General of this State which is in the taxable limits of said district, shall be and the same is hereby made subject to taxation by said school district as fully and completely as is the property of other corporations within such taxable limits, it is hereby made the duty of every such corporation in this State in addition to the facts now required to be shown in their returns to the Comptroller-General to also show in said returns the value of such corporations property in said district, the rolling stock, franchises and other personal property of such corporations, shall be distributed to said school district on the same basis that rolling stock franchises and other personal property are distributed to counties and municipalities under the law that is as the value of the property located in said school district is to the whole located property real and personal of such corporations, such shall be the amount of rolling stock, franchises and other personal property to be distributed for taxing purposes to said school district and same shall be collected as is now provided by law for such purposes; provided further, that if any citizen of said district be more convenient to a school in another district, the Board of Education of said district shall have the power to pay to said citizen, his pro rata part of taxes and public funds received by said board and provided further that said secretary-treasurer of said board shall have the same rights to issue fi. fas for the collection of taxes of said district, that the Tax Collector now has for county purposes. Support of schools. Public fund. Taxation. SEC. 8. Be it further enacted, That the Board of

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Education for said district, shall annually make a report to the public in writing, of the conditions of said schools and oftener if petitioned to do so by one-fourth the voters of the district and they shall accompany their reports with a full itemized statement of all moneys received and expended by said board. Annual reports of Board. SEC. 9. Be it further enacted, That the Board of Education of Cherokee or Pickens Counties shall not establish any other school, or contract with any other person to teach a school of any character in said 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 16, 1912. FLOVILLA, CITY OF, CHARTER AMENDED. No. 410. An Act to amend an Act amending the Act incorporating the City of Flovilla, Georgia, approved August the ninth, 1911, to provide for the qualification and eligibility of the marshal and policemen of said city, to authorize the Mayor and Council to levy a tax with which to establish and maintain public schools, and to authorize the Trustees of said schools to charge and collect tuition and incidental fees and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority

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of the same, That any person who is a citizen of the State of Georgia and is qualified under the Constitution to vote for members of the lower house of the General Assembly shall be qualified and eligible to be elected and hold the office and perform the duties of marshal or policeman of said City of Flovilla. Flovilla, City of. Qualifications for office of marshal. SEC. 2. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Flovilla shall have the power and authority to levy and collect an annual ad valorem tax not to exceed three dollars upon each thousand dollars of the assessed taxable property of said City of Flovilla, to maintain and support public schools. School tax. SEC. 3. Be it further enacted by the authority aforesaid, That the pro rata amount of such levy upon the property of the negroes shall be used to support and maintain public schools for the negro children, and the money thus raised by levy upon the property of the white people shall be used to maintain and support public schools for white persons. White schools and negro schools, maintenance of. SEC. 4. Be it further enacted by the authority aforesaid, The Trustees of said schools shall charge and collect from each pupil of said schools unless same is remitted by the Mayor and Council, an incidental fee of not less than one dollar per term. The Trustees of said schools are hereby authorized to charge and collect from non-resident pupils reasonable rates of tuition, said tuition and incidentals must in all cases be paid in advance. Tuition and incidentals. SEC. 5. Be it further enacted by the authority aforesaid that all laws in conflict herewith be and the same are hereby repealed. Approved August 9, 1912.

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FORSYTH, CITY OF, CHARTER AMENDED. No. 318. An Act to amend an Act to consolidate and to codify the various Acts incorporating the City of Forsyth, in the County of Monroe, and the various Acts amendatory thereof; to enlarge by providing additional powers and authority therein; to more specifically define and fix the duties of the various officers of said city and their compensation, and for other purposes. SECTION 1. Be it enacted by the Legislature of Georgia, and it is hereby enacted by authority thereof, that from and after the passage of this Act the charter of the City of Forsyth, the caption of the Act incorporating same being as follows: An Act to consolidate and to codify the various Acts incorporating the city of Forsyth, in the county of Monroe, and the various Acts amendatory thereof; to enlarge by providing additional powers and authority therein; to more specifically define and fix the duties of the various officers of said city and their compensation, and for other purposes, approved December 18th 1902, be amended by striking therefrom all of Section 43 and inserting in lieu thereof the following to be known as Sections 43 and 44 to-wit: SEC. 43. Be it further enacted that the Mayor and Aldermen of the City of Forsyth are empowered to issue bonds to any amount and for all purposes allowed by the Constitution and Laws of the State by complying with the general laws in relation to issuing bonds. Bonds, issuance of.

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SEC. 44. Be it further enacted that all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Approved July 23, 1912. GEORGETOWN, TOWN OF, CHARTER AMENDED. No. 467. An Act to amend An Act approve August 21, 1906, establishing the charter for the town of Georgetown. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Sections 20 and 21 be amended by adopting a new Section to be known as Section No. 21, and Section 21 to be numbered Section 22, which new Section shall be as follows: Be it further enacted, That when vacancies happen in the office of Mayor or in the City Council, the Ordinary of the county shall issue writs of election to fill such vacancies. Georgetown, town of, vacancy in Mayor's office, how filled. Approved August 17, 1912. GRANTVILLE, TOWN OF, NEW CHARTER FOR. No. 360. An Act to create a new charter for the town of Grantville, in the county of Coweta, and to re-incorporate said town and to declare and consolidate the rights and

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powers of said incorporation, to define the corporate limits of said town of Grantville, to provide for a Mayor and Council and other officers of said town, and to prescribe the powers, duties, rights, and liabilities of all officers of said town and the manner of their election or appointment and removal from office; to provide for the retention of the present officers of the town of Grantville until election of officers for said town under this charter; to provide that all ordinances, rules and regulations of the town of Grantville not in conflict with this Act, shall remain valid and enforceable as ordinances, rules and regulations, of the town of Grantville, incorporated by this Act until the same are repealed or amended, by Mayor and Council of the town of Grantville; to provide for streets and side walks, and working and paving the same. To authorize the Mayor and Council to maintain and operate a system of water works, electric lights and sewerage for the town of Grantville; to provide for assessment, levying and collection of an ad valorem tax upon all property, both real and personal, for general purposes and for the purpose of paying principal and interest on the bonded debt of said town; to authorize and provide for granting license to and taxing all kinds of business, trades, professions, franchises, shows, exhibitions, and entertainments; to provide for all matters of municipal concern, needs and requirements, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the inhabitants of the territory now embraced in, and known as the town of Grantville, located in the county of Coweta and State of Georgia, be, and they are hereby

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incorporated under the name and style of Town of Grantville, 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 anywise appertaining to said town of Grantville as heretofore incorporated shall be, and are hereby vested in the Town of Grantville, created by this Act. And the said Town of Grantville 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 of Grantville, as to said Mayor and Council may deem best and which shall be consistent with the laws of the State of Georgia and the United States. And the said Town of Grantville shall be able, in law, to purchase, hold, receive, enjoy, possess, and retain in perpetuity, or for any term of years, and estate or estates, real or personal, lands, tenements and hereditaments of what kind or nature soever, within the limits or without the limits of said town, for corporate purposes. Said Town of Grantville created by this Act is hereby made responsible as a corporate body for its legal debts, liabilities, and undertakings of said Town of Grantville, as heretofore incorporated. Grantville, town of, incorporated. Powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the Town of Grantville as created by this Act, shall extend three-fourth of a mile in every direction from the freight depot of the Atlanta and West Point Railroad as now located. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid that the government of the said Town of Grantville,

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shall be vested in a Town Council composed of a Mayor and four Councilmen, the present chairman and ex-officio Mayor and four Councilmen of the said Town of Grantville 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 Grantville created by this Act, and all the ordinances, rules, and regulations of the old corporation of the Town of Grantville, 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 Grantville, and all officers elected, or appointed, by the said chairman and Councilmen of the old corporation of the town of Grantville, 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 and qualified, unless sooner suspended, removed, or discharged by the town Council of Grantville. Mayor and Councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That beginning with the year 1913, an election shall be held in said town annually on the first Saturday in January. That on the first Saturday in January 1913, and biennially thereafter, a Mayor and two Councilmen shall be elected. The terms of office of said Mayor and Councilmen shall be two years and until their successors are elected and qualified. That on the same date to-wit: the first Saturday in January 1913 two additional Councilmen shall be elected whose term of office shall be for one year and until their successors are elected and qualified. That on the first Saturday in January 1914, and biennially therafter two

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Councilmen shall be elected whose terms of office shall be for two years and until their successors are 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 and Mayor pro tem. In the event that a vacancy occurs in the office of Mayor or Councilman by reason of resignation, removal from town, death, or otherwise, the Town Council shall order an election to fill said vacancy which said 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 given by posting a notice therof at the councilroom door and at two other public places in said town for at least ten days prior therto; 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 the office of Mayor or Councilman 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 until the next regular election at which time a successor to said Mayor or Councilman shall be elected to fill his unexpired term. All elections to fill vacancies shall be for the unexpired term. If the office of Mayor pro tem shall for any cause become vacant the town council shall elect one of their number as Mayor pro tem. Election of officers. Mayor pro tem. Vacancies, how filled. SEC. 5. Be it further enacted by the authority aforesaid, That if for any reason there is a failure at any time to hold the regular election for Mayor and Councilman or for Councilmen, at the regular time provided for in this charter, it shall be the duty of the Town Council to order an election

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as early as practicable thereafter by giving ten days notice of the same, which notice shall be posted at the Councilroom door and two other public places in said town for ten days prior to the date set for said election. And such election shall be held and managed and results declared in the same manner as at regular elections as provided for herein. Special elections. SEC. 6. Be it further enacted by the authority aforesaid that for a person to be eligible to hold the office of Mayor or Councilman of said town he shall be twenty one years of age, a citizen of the United States who has resided in the State of Georgia two years and in said town twelve months immediately preceding his election and who is entitled under the laws of the State to register as a voter. Eligibility for office of Mayor. SEC. 7. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly in this State, and who have paid all taxes, fines and demands 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 their vote, and shall have registered as hereinafter provided, shall be qualified to vote at any election provided for in this charter. Qualified voters. SEC. 8. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town shall have power to provide for the registration of votes to any and all municipal elections in said town, to make all needful laws and regulations for the same, and require that no person be permitted to vote unless registered; provided however, that the books of registration shall always be opened at least forty days immediately preceding any election

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which may be held in said town, and remain open for thirty lays and be closed ten days before such election. Registration. SEC. 9. 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 or question is submitted to the qualified voters of said town, shall be superintended and managed by two free holders who are citizens of said town and own real estate therein, and each of said managers before entering on his duties shall take and subscribe before some officer authorized to administer an oath, or before each other, the following oath: We and each of us do swear that we will faithfully and impartially conduct this election and prevent all illegal votes 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 at the Council chamber in said town and the voting shall be by ballot. The polls shall open at one o'clock p. m. and close at four o'clock p. m. The 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 Councilmen of said town. Elections, how held. SEC. 10. Be it further enacted, That said managers shall certify two lists of voters and two tally sheets, and shall place one of said tally sheets and one of said lists of voters in the ballot box together with ballots, and seal the same and shall forthwith deliver the same to the Ordinary of Coweta County, Georgia. The other tally sheet and list of voters, together with a certificate showing the result of the election signed by said managers, shall be placed in a package and sealed and forthwith delivered to the clerk

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of said town, who shall safely keep the same, and at the first regular meeting of the Mayor and Council occurring after said election open the same and declare the result, if no notice of contest has been given. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. If the result of any election held in said town is contested, notice of such contest shall be filed with the Ordinary of Coweta County, by noon of Monday next, after such election, setting forth all the grounds of contest, and upon payment of a fee of ten dollars in advance to said Ordinary, 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 said contest is for an office: and if the result of any election in which any question is submitted is contested, then said Ordinary shall cause notice to be served on the Mayor of the town and published one time in the official newspaper of Coweta County. 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 serving notice of contest. All contests shall be heard at the court house. Said Ordinary is authorized to hear and determine the contest, and the losing party shall pay all costs, for which said Ordinary is authorized to render judgment and issue execution. Return of elections. Contests. SEC. 11. Be it further enacted by the authority aforesaid, That on the second Monday in January of 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

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judicial officer, or the Mayor of said town then in office, the following oath, to-wit: I do solemnly swear that I will well and truly perform the duties of Mayor (or Councilmen as the case may be) of the town of Grantville to the best of my skill and ability; and as to me shall seem to the best interest and welfare of said town, without fear, favor, or affection, so help me God, and shall forthwith enter upon the discharge of the duties of his office. Oath of officers. SEC. 12. Be it further enacted by the authority aforesaid, That at the first regular meeting of the Mayor and Councilmen in January each year they shall elect a Town clerk, town treasurer, marshal, who shall be the chief of police, and as many policemen as in the judgment of said Mayor and Councilmen as may be necessary. They may also elect a town attorney, town sexton, and such other officers as they may deem necessary. The same person may hold two or more of said offices in the discretion of the Mayor and Councilmen. Each of said officers shall take such oaths, give such bond, receive such salaries, and perform such duties as the Mayor and Councilmen may, by ordinance, prescribe. Officers elected by Council. SEC. 13. Be it further enacted by the authority aforesaid, That the Mayor of said town shall be the chief executive of the Town of Grantville. He shall see that all laws, ordinances, resolutions, and rules of said town are faithfully executed and enforced, and that all the officers of said town shall faithfully discharge the duties required of them. He shall have general jurisdiction of the affairs of said town. He shall have authority to convene the Council in extra session whenever he deems it proper to do so. He shall preside at all meetings of the Mayor and Council of said town and shall have the right to vote in all elections

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and upon all questions which may come before said body, except upon questions where he is disqualified by reason of interest or otherwise. Mayor's duties and powers. SEC. 14. 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 meetings, 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 vote shall determine all questions and elections before the Town Council. Said Town Council shall hold regular meetings in every month, and oftener if they think best, at stated times, and at a stated place in said town and shall hold such other meetings as may be called 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 Council. 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 Council resolves itself into executive session, when the public shall be excluded. Quorum. Meetings. SEC. 15. Be it further enacted by the authority aforesaid, 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 both Mayor and Mayor pro tem, any one of the Councilmen may hold said court. Said court shall have the power to preserve order and compel attendance of witnesses, punish for contempt by imprisonment not exceeding

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ten days or fine not exceeding ten dollars, one or both. Said Mayor shall have full power and authority upon conviction to sentence any offender to labor upon the streets or other public works in said town for a period not exceeding 60 days, or to impose a fine, not exceeding $300.00 or sentence said offender to be confined and imprisoned in the guard house or other place of confinement in said town for a period not exceeding 60 days; either one or more of said penalties may be imposed in the discretion of the said Mayor, or Mayor pro tem, or Councilman presiding in said court. Mayor's Court. Jurisdiction and powers. SEC. 16. Be it further enacted by the authority aforesaid, That whenever a person is arrested under the provisions of authority contained in this Act, or under the ordinances passed by authority of the same, it shall be lawful for him or her to enter a good and sufficient bond, to be approved by the arresting officer conditioned for the appearance of such person to answer such charge when the same shall be heard, and shall be payable to the Mayor and Town Council, which bond shall be forfeited on the non-appearance of the defendant, in the same manner in the Mayor's court as penal bonds are forfeited in the County or Superior Courts of this State, and said Mayor is hereby empowered to issue scire facias returnable before him in not less than seven days, nor more than thirty days; when any defendant shall fail to appear in terms of his bond upon the return thereof, judgment against the defendant and his security shall be entered as in State courts, and the sales of all property levied on shall be conducted, advertised and made as sales of property under other executions issued by said town, and such judgment and execution shall be in lien on all property of principal and securities equal in dignity to the judgment and execution

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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 bonds. SEC. 17. Be it further enacted by the authority aforesaid, That the Mayor and Town Council of Grantville, shall have power and authority to organize one or more chain gangs, and to confine therein persons who have been sentenced by the Mayor's Court 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 or control of such chain gangs, and to enforce the same through its proper officers. Chain gangs. SEC. 18. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk to collect and keep, subject to the discretion of the Town Council, all money due and belonging to the town, except as hereinafter provided; to be custodian of the books and records of the town, to preserve a minute of all the acts and doing of each meeting of the Town Council; to be ex-officio clerk of the police court of said town and to perform all such other duties as are required of him by this Act, and which may be required of him from time to time by the ordinances, rules, and regulations of the Town Council. Before entering upon the discharge of the duties of his office, he shall take before the officers authorized to administer oaths in this State an oath to faithfully and honestly discharge the duties of his office, and shall execute such bond and in such sum as shall be required of him by the Town Council, with good and sufficient security, to be approved by the Mayor. He shall keep a separate and correct account of all the separate and distinct funds received and disbursed, so at

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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, and his duties. Oath. SEC. 19. Be it further enacted by the authority aforesaid, That it shall be the duty of the treasurer to keep books in which he shall make entries of all sums of money received and all sums paid out by him, when, and to whom, and for what purpose, and shall give a receipt for all sums of money received by him, and shall take a receipt for all sums of money paid out by him, which books and receipts shall at all times be open to the inspection of any citizens of said town, and all sums of money paid into the hands of the treasurer by the provisions of this Act, shall be and the same are hereby directed to be a fund for the exclusive use of said town. The duties of the treasurer shall be such as are usually performed by such officer and which may be required of him by the ordinances of said town and of this Section. Before entering upon his duties he shall take an oath before some officer authorized by law to administer oaths, to faithfully and honestly discharge the duties of his office, and shall execute such bond and in such sum as shall be required of him by the Town Council, with good and sufficient security to be approved by the Mayor. He shall also make general and special reports in the manner and at the time when called upon by the Town Council to do so. Treasurer, and his duties. Oath. SEC. 20. Be it further enacted by the authority aforesaid, That all executions issued by the Clerk of the town Council of Grantville shall be directed to the policemen and marshal of said town, and to all and singular the Sheriffs and Constables of this State, and shall state for what issued, and shall be made returnable to the Clerk

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aforesaid, ninety days after the issuing of the same, and it shall be the duty of the police, marshal or other collecting officer to execute the same as herein provided; if said executions shall be for less than one hundred dollars, and shall be levied upon personal property, the same shall be advertised and sold in the same manner as sales by Constables are conducted in this State, said sales to take place before the council room door in said town on the regular day for Constables' sales in the 1139, district G. M., Coweta County, Georgia, if said executions shall be for one hundred dollars or more all proceedings thereunder shall be had under the same rules and regulations as governs Sheriff's sales in this State; all sales where the execution levied shall be for less than one hundred dollars and the same has been levied upon real estate shall likewise be governed by the rules and regulations governing Sheriff's sales in this State. Said executions may be arrested by the filing of illegalities thereto, or claims to the property levied on may be interposed under the same terms and conditions that illegalties and claims are filed to executions issuing from other courts of this State, such an illegality or claim be filed where the execution is less than one hundred dollars, and levied upon personal property it shall be returned to the Justice Court of the 1139th district, G. M., Coweta County, Georgia, to be there disposed of as other claims and illegalities in said court. Should said execution be for one hundred dollars, or more or should same be levied, if less than one hundred dollars upon real estate, any claims or illegality filed thereto shall be returnable to the Superior Court of Coweta County, to be there disposed of as other claims and illegalities are tried in said Court. The Clerk shall enter on his execution docket all executions, giving the date, amount of each, all proceedings thereunder; said executions shall also be returned to

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the office of the Clerk after being satisfied. In all cases where illegalities or claims are filed the same bond shall be required as is required of persons filing illegalities or claims to proceedings in the State courts. The lien of tax executions in favor of the Town of Grantville shall have priority on all property of defendants within the corporate limits of the said town over all other executions and judgments except those for State and County taxes. Executions, how enforced. Illegalities. Execution docket. Priority of tax lien. SEC. 21. Be it further enacted by the authority aforesaid, That said Town Council shall have power and authority to grant franchises, easements, and right-of-way over, in, under and on the public streets, lanes, alleys, sidewalks, parks, and other property of said town on such terms and conditions as such town council shall fix. Franchises and easements. SEC. 22. Be it further enacted by the authority aforesaid, 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 and 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 pipe 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 dangers of fire, and prevent the spread of fire from one building to others. They shall also have authority to order any changes in the construction or arrangements of chimneys, flues, and stove pipes, 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 the expense of such changes which may be collected as taxes are now collected. And if any person firm or corporation shall erect any building

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which is not in accordance with the laws and ordinances of said town, said Mayor and Councilmen may order such buildings removed; and if such person, firm, or corporation shall not remove such buildings after notice to do so, then said Mayor and Councilmen shall have authority and power to remove same at the expense of the owner, which expenses may be collected by execution. Provided, that as respect cotton, lumber, naval stores, petroleum, and products thereof, and any other inflammable substances or material, the Mayor and Council shall have power to prescribe rules and regulations governing the storage, keeping and housing the same anywhere within said town. Fire and building regulations. SEC. 23. Be it further enacted by the authority aforesaid, That said Mayor and Councilmen shall have full and complete control of the streets, sidewalks, alleys and squares of said town, and have full power and authority to condemn property for purpose of opening and laying out new streets and alleys and for widening, straightening, or other wise changing the streets, alleys, and squares of said town, and shall likewise have authority to close any street whenever in the judgment of said Mayor and Council the same should be done. In exercising the right of eminent domain to condemn property for public uses, as herein granted the authorities of said town shall be governed by the general law of this State as respects condemnation proceedings. Provided, however, that said Mayor and Councilmen shall have the right at any time to abandon the proceedings to condemn, and paying the costs of the proceedings up to the time of said abandonment. Streets, etc., control of. SEC. 24. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen of said town shall have full power and authority to pave or otherwise permanently

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improve any or all of the streets, sidewalks, or alleys of said town, 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 Councilmen 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 Councilmen shall have full power to assess one-third of the cost of paving or otherwise permanently improving any roadway or street property 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 Mayor and Councilmen, 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 for paving or otherwise improving such street between their tracks and for two feet on each side thereof. The Mayor and Councilmen 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 town, 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 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

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the date of the passage of the ordinance providing for the work and making the assessment, and the Mayor and Councilmen 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 town 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 town 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 execution is issued is due, and 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 in 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. Paving, improving streets, etc. Assessments. Lien of assessments. Illegalities. SEC. 25. Be it further enacted, That said Mayor and Councilmen of said town shall have full power and authority to provide quarantine regulations and to establish a quarantine against any place, person or district in order to

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guard against the introduction of any contagious or infectious diseases; to provide that all persons coming into or passing through the town 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 town; to provide that school children shall be successfully vaccinated before being allowed to enter the public schools of the town, 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 regualtions govering this matter. They shall also have the right 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 regulations. Vaccination. Contagious diseases. SEC. 26. Be it further enacted by the authority aforesaid, That the said town of Grantville shall have full power and authority to construct, equip, acquire, and maintain a system of electric lights, a system of water works, and a system of sewerage for said town, and to this end, shall have full power and authority to acquire by purchase, gift, or condemnation proceedings all necessary land, easements, water supply and franchises necessary for said purposes. They may also acquire by gift, purchase or condemnation all lands, easements, and franchises necessary for a water basin and water shed from which the public water supply may be obtained either within or without the limits of the town of Grantville. For the purpose of carrying into effect the public improvement provided for in this Section the said town is authorized to issue bonds upon complying with the general law of force governing bond elections for

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municipal corporations in an amount to be decided upon by the Mayor and Councilmen of said town, or to raise the necessary funds by direct taxation or from other sources. They are also empowered to make all needful rules and regulations for the proper management and protection of said electric lights, water works, and sewerage system, and to provide by ordinance for the preservation of the same and the punishment of offenders violating said rules and regulations. Electric lights, water works and sewerage. SEC. 27. Be it further enacted by the authority aforesaid, 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 they shall provide by ordinance for the assessment, levy and collection of an annual ad valorem tax on all real and personal property within the corporate limits of said town, which is subject to be taxed under the laws of this State, said tax not to exceed one-half of one per cent on the assessd value of the same for ordinary current expenses. They shall also have power to levy and collect out of the property aforesaid such additional tax as may be necessary for the payment of the principal and interest on any bonded debt that may now exist, or that may be hereafter created by said town in accordance with the constitution and laws of said state of Georgia. They shall have power to provide by ordinances when the taxes are to be paid and the manner of collecting the same. They shall have power to prescribe by ordinances proper penalties for the failure to return for taxation any property subject to taxation hereunder and to provide for the assessment and collection of taxes thereon. Ad valorem tax. SEC. 28. Be it further enacted by the authority aforesaid, That any person owning or holding any property

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within the limits of said town on the day fixed by law in each year for the return of property for State and County taxation shall return the same for taxation under oath at any time on and from the 1st day of April until the 1st day of June of each year to the town Clerk of said town for taxation. Said return to be made in the manner and form prescribed by the ordinances of said town. Tax returns. SEC. 29. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen of said town shall have power to require every male inhabitant of said town, between the ages of 21 and 50 years, to work such time on the streets of said town as said Mayor and Councilmen shall direct by ordinance, and in no case to exceed eight days for one year. Said persons so subject to work on the streets shall have the right to relieve himself of such work by paying a commutation tax, which said Mayor and Councilmen shall fix by ordinance and which tax shall in no event exceed four dollars for one year, said work to be done and said commutation be paid at such time as said Mayor and Councilmen may direct. Any person subject to work on said streets or to pay said tax who shall fail to do so, after being properly notified may be punished as provided in Section 15 of this Act. Street duty. Commutation tax. SEC. 30. Be it further enacted by the authority aforesaid, That the Mayor and Councilmen of said town shall have power and authority to license, regulate, and control all opera houses, livery stables, hacks, drays and other vehicles used for hire, vendue masters, auctioneers, itinerant traders theatrical performers, shows, circuses, and exhibitions of all kinds, itinerant lightning rod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry or medicines, and all

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other traveling or itinerant venders of articles, wares and merchandise, except such as are excepted by the laws of this State; every keeper of billiards, pool or bagatelle table kept for public use or game; every keeper of a shooting gallery, ten-pin alley, box-ball alley, and a keeper of any other table, stand or place for the performance of any game or play, whether played with sticks, balls, cards, dice, rings or other contrivances; also any person running a flying jenny or flying horses, bicycle, velocipede or skating rinks; all solicitors or canvassers selling goods, wares, or merchandise by sample, at retail or to consumer, and all other establishments, business, callings or vocations which under the laws and Constitution of this State are subject to license. The said town shall also have the authority and power to levy and collect a tax on all franchises which are now subjects of taxation by the State. Licenses, etc. Franchise tax. SEC. 31. Be it also enacted by the authority aforesaid, That said Mayor and Council shall have power and authority to regulate and license all markets in said town, to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome, to prevent hogs, cattle, horses, sheep and other animals and fowls 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 any and all nuisances; to regulate the keeping of gunpowder and other combustibles; to provide in and near said 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 for guarding against danger or damage by fire; to protect the person or property of the citizens of said town; to provide for the appointment of special policemen when needed; provided that no person

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shall be appointed special policeman who shall not have been a resident of said town twelve months immediately preceding his appointment. Protective regulations. SEC. 32. Be it further enacted by the authority aforesaid, That the terms of all officers elected as provided in Section 18 of this Act shall be one year, unless sooner discharged. The Mayor and Council of said town are empowered to remove said officers from office, or to suspend them or impose upon them fines, at their discretion, and all of said officers elected or appointed by said Mayor and Town Council shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the Town Council at any time they may see fit to make such suspension, removal or dismissal, and no officers dismissed or removed shall be entitled to any salary whatever during suspension or after removal, no matter whether the time for which he has been elected or appointed has expired or not. Terms of officers and their removal. SEC. 33. Be it further enacted by the authority aforesaid, That the Mayor and Council shall not have power and authority to license or authorize persons intoxicating whiskies or liquors or beer of whatever kind by retail or otherwise; nor shall any person keep for sale within the limits of said town any such whiskey, brandies, beer or any other intoxicating or alcoholic drink, by whatever name or names the same be called. Prohibition. SEC. 34. Be it further enacted by the authority aforesaid, That the compensation or salaries of Mayor and Councilmen and all other officers, servants and employees of the town shall be such sums as the town council may fix; provided, however, that the Mayor's salary shall not exceed

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$100.00 per year, and that of the Councilmen shall not exceed the sum of $4.00 each year. Compensation of officers. SEC. 35. Be it further enacted by the authority aforesaid, That the Mayor and Council may, at their option, elect three citizens of said town who are qualified voters and owners of real estate therein as town tax assessors who shall serve at the pleasure of said Mayor and Council and receive such compensation as they shall allow. It shall be the duty of said tax assessors to assess the value of all the real and personal property in said town, for the purpose of taxation by said town, and it shall be their duty to examine the tax returns of the tax payers of said town, and increase or decrease the valuation of the property shown therein, when in their judgment, the value placed thereon by the tax payer is not the true value of said property. Said assessors shall make return of their assessments as 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 of said town and has no agent therein, the Mayor and Council shall prescribe what notice if any shall be given. In all cases notice to the agent in charge of said property shall be sufficient, if owner is not a resident. All assessments shall be final if no objection is made on or before the time set for hearing objections, where notice as provided by said Mayor and Council has been given. If objections are made, the decision of said

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mayor and council after hearing such evidence as may be offered, shall be final. Tax assessors. Objections to assessments. SEC. 36. 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 1, 1912. GRIFFIN, CITY OF, CHARTER AMENDED. No. 324. An Act to amend the charter of the City of Griffin, Ga., by authorizing the Mayor and Council of the City of Griffin to execute and deliver to the Central of Georgia Railway Company a release or deed to that portion of 8th Street which crosses the right of way of the Central of Georgia Railway Company, to be used for depot 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 City of Griffin (Acts 1910 page 731) be and the same is hereby amended as follows: That the Mayor and Council of said city are hereby authorized and empowered for and in consideration of the building of a new depot, in accordance with plans to be approved by the Railroad Commission of said State, by the Central of Georgia Railway Company, to convey by deed to said Railway Company and its assigns, so much of

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8th street as may be necessary for the use of said Railway Company in erecting said depot, sheds and approaches thereto. Griffin, City of. Conveyance of certain property authorized. SEC. 11. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved July 25, 1912. HAHIRA, TOWN OF, CHARTER REPEALED. No. 477. An Act to repeal an Act approved October 2nd, 1891, incorporating the Mayor and Council of the town of Hahira, in the County of Lowndes, and providing for the election of Mayor and Council of said Mayor and Council of the town of Hahira, and conferring certain powers and privileges upon said Mayor and Council; and for purposes pertaining thereto. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act, approved October 2nd, 1891, incorporating the Mayor and Council of the town of Hahira, and all other Acts constituting the present charter of the Mayor and Council of the town of Hahira, be, and the same are, hereby repealed. Hahira, town of, charter repealed. SEC. 2. Be it enacted by the authority aforesaid, That this Act shall become operative when a bill entitled An

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Act to incorporate the town of Hahira, etc., shall have been approved by the Governor of the State of Georgia. Effective, when. SEC. 3. Be it enacted by the authority aforesaid, That all other Acts in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. HAHIRA, TOWN OF, NEW CHARTER FOR. No. 623. An Act to incorporate the town of Hahira; to provide that all valid contracts heretobefore entered into by the Mayor and Council of the town of Hahira shall be good and valid for or against the town of Hahira; that all property now held and owned by the Mayor and Council of the town of Hahira shall be and become the right and property of the town of Hahira; that all rights and liabilities of the Mayor and Council of the town of Hahira shall accrue to and against the town of Hahira; that all ordinances of the Mayor and Council of the town of Hahira, not in conflict with this charter, shall be valid and enforcible as ordinances of the town of Hahira; to define the limits of the town of Hahira; to provide for a Mayor and Councilmen and other officers of the said town of Hahira; 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; for a system of sanitary sewerage; for a system of water works; for a board of health;

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for a system of electric lights; to declare and define the police powers of said town of Hahira, and to provide for all matters of municipal concern and cognizance; for taxation or granting of licenses to all kinds of business, trades and professions; to authorize the issuing of bonds of the said town of Hahira by the Mayor and Council and to grant a charter to the said town of Hahira, 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 now embraced in, and known and heretobefore incorporated in the name of the Mayor and Council of the town of Hahira, in Lowndes County, Georgia, by an Act of the General Assembly of Georgia, approved October 2nd, 1891, and any amendatory or subsequent Acts and embraced at present in the territory of six hundred yards in every direction from the depot of the Georgia Southern and Florida Railroad in said town of Hahira, which is hereby embraced in the territory herein incorporated, be, and they are hereby incorporated under the name of the town of Hahira, and the town of Hahira is hereby made a town under the said corporate name, and by that name is established, and by that name shall have perpetual succession, and are hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, or towns thereof, and all rights, titles, powers, property, easements and hereditaments now belonging and in any wise appertaining to the said Mayor and Council of the town of Hahira, as heretofore incorporated, shall be and are hereby vested in the town of Hahira, as created by this Act, and the said town of Hahira, in Lowndes County, Georgia, created, established

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and declared 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 for the welfare and proper government of said town as said Mayor and Council deem best and not inconsistent with the laws of Georgia and the United States, and the said town of Hahira shall be capable in law to purchase, hold, enjoy, receive, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments of any kind whatever within or without the corporate limits of said town, for corporate purposes, and to sell, alien, exchange or lease the same or any part thereof; the said town of Hahira, created by this Act, is hereby made responsible as a body corporate for the legal debts and liabilities and undertakings of said Mayor and Council of the town of Hahira heretofore incorporated, and all ordinances now in force in the Mayor and Council of the town of Hahira, and enacted by the municipal authorities of the Mayor and Council of the town of Hahira, and not repugnant with this charter or the laws of Georgia, shall be and are hereby continued in force in the said town of Hahira, incorporated under this Act, until their present term expires, or their successors are elected and qualified, and all other officers of the Mayor and Council of the town of Hahira shall continue in office of the town of Hahira until their present term expires or their successors are elected and qualified. Hahira, town of, new charter. Powers. SEC. 2. Be it further enacted, That the corporate limits of said town of Hahira shall embrace all the territory beginning at center of Georgia Southern Florida Railroad at the point where said railroad crosses Main street of said

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town of Hahira and extending nine hundred (900) yards to the north, nine hundred (900) yards to the west, twleve hundred (1,200) yards to the east, and twelve hundred (1,200) yards to the south. Corporate limits. SEC. 3. Be it further enacted, That there shall be elected on the first Wednesday in November, 1912, and biennially thereafter, a Mayor, whose term of office shall begin the first Wednesday in January thereafter, and continue for two years, or until his successor shall be elected and qualified; that there shall be, at the same time, an election of four Councilmen, terms of office to begin at same time as the Mayor's, two of whom shall serve a term of one year and two a term of two years, or until their successors are elected and qualified, and there shall be held annually thereafter an election of two Councilmen, whose term of office shall begin on the first Wednesday in January thereafter and continue for two years, or until their successors are elected and qualified; said election shall be opened at nine o'clock A. M. and closed at four o'clock P. M. to be held under the superintendence of a Justice of Peace or Notary Public and ex-officio J. P., and two freeholders of said town under the form and regulations prescribed by law for holding elections for members of the General Assembly, in so far as they are applicable to said election and do not conflict with the specific rules herein contained, and all elections held in said town, at any time, and for any purpose whatever, shall be held in the same manner. All elections for Mayor and Councilmen, and all other elections, shall be held at the city hall in said town of Hahira. Election of officers. SEC. 4. Be it further enacted, That the superintendents of elections shall duly declare the result of said elections, and shall issue certificates of election to such persons as

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receive the highest number of legal votes polled, who shall at such time and place as may be prescribed by the ordinances of said town qualify by taking an oath to well and truly perform the duties of their respective offices as such Mayor and Councilmen, or other offices, during their term of office, which oath, with certificate of election given by the said superintendents, shall be entered of record on the minutes of said Council, and the originals filed in the office of the clerk of the Council. Result, how declared. Oath of officers. SEC. 5. Be it further enacted, That every male citizen of the town of Hahira, incorporated under this Act, twenty-one years of age, who shall have resided in this State a year next preceding the election, and six months within the corporate limits of the town of Hahira next preceding the election, and shall have paid all taxes which may have been required of him, and which he may have had opportunity to pay agreeably to law, except for the year of the election, and the payment of all fines, licenses and registration fees required of him by said town, and not convicted of any crime involving moral turpitude and not pardoned, shall be qualified to vote at any election held in the town of Hahira for any purpose whatever. Qualified voters. SEC. 6. Be it further enacted, That in case of vacancy in the office of Mayor or Councilmen by death, resignation or otherwise, an election to fill such vacancy shall be ordered by said Council to take place at such time as may be specified in such order, after public notice of same by posting at the city hall in said town for the space of ten days. Vacancies, how filled. SEC. 7. Be it further enacted, That the said Mayor and Council, at their first meeting in each year, shall elect one of said Councilmen Mayor pro tem., who shall, in case of vacancy, absence or disqualification of the Mayor, perform

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and discharge all the duties and exercise all authority of the office of Mayor, upon taking the usual oath, and not otherwise. Mayor pro tem. SEC. 8. Be it further enacted, That said Mayor and Council shall have authority to elect a clerk, treasurer, marshal, chief of police, sanitary inspector, building inspector, chief of fire department, and such other officers as they may deem necessary and proper, regulate their salaries, take their bonds, prescribe their duties and oaths, and remove them from office or impose fines at the discretion of said Mayor and Council. The marshal and chief of police may be one and the same person. Officers elected by Council. SEC. 9. Be it further enacted, That the Mayor shall be chief executive of said town; he shall see that all laws and ordinances of the town are faithfully executed, and shall have power to convene the general Council in extra session whenever, in his judgment, it becomes necessary. Mayor's duties and power. SEC. 10. Be it further enacted, That the Mayor, or in his absence, 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 ordinances, a Mayor's Court for said town for the trial of offenders against the ordinances, rules, regulations and by-laws of said town, and impose such penalties for violations thereof, not exceeding a fine of two hundred dollars, or labor on the streets of said town, or public works of said town, or confinement in the calaboose or guard house, not to exceed ninety days, said fine to be collected by execution issued by the clerk of Council against the estate, both real and personal, of the offender. Mayor's Court. SEC. 11. Be it further enacted, That the marshal, or other police officer of said town, may arrest without warrant

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any person guilty of violating any ordinance, rules or regulations of said town, and the said marshal or other police officer may summon any citizen, or citizens, of said town to assist in such arrest. Arrests. SEC. 12. Be it further enacted, That the Mayor, or Mayor pro tem., when any person or persons are arraigned before the Police Court charged with a violation of any of the ordinances, regulations or rules of said town, may, for good cause shown by either side, continue the hearing to such other time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the time appointed for trial, or be imprisoned to await trial. If such bond be given, and the accused shall fail to appear at the time fixed for the trial, the bond may be forfeited by the Mayor or Mayor pro tem. and on execution issued thereon by serving the defendant, if any to be found, and his securities, with a rule nisi at least five days before the hearing of such rule nisi. Appearance bonds. SEC. 13. Be it further enacted, That all writs, processes, subp[oelig]nas, rules nisi, etc., for the forfeiture of bonds; all executions issued in behalf of said town for the collection of taxes, forfeitures or for other purposes, shall be directed to the marshal or chief of police of said town, and all and singular the Sheriffs and Deputy Sheriffs of said State, signed by the clerk, bearing test in the name of the Mayor of said town, and such Sheriffs and their Deputies are empowered and required to execute all such writs, processes, subp[oelig]nas, rules nisi, executions, etc., when the person or property to be proceeded against are without the corporate limits of the said town of Hahira, and the marshal and chief of police of said town of Hahira shall serve all writs, processes, subp[oelig]nas, rules nisi, executions,

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etc., when the person or property to be proceeded against are within the corporate limits of said town. Writs, processes, etc. SEC. 14. Be it further enacted, That the sales of personal property by the marshal or chief of police of said town shall be made before the door of the city hall in said town after ten days' notice of time, place and property to be sold is posted at three or more public places in said town. Sale of personal property by marshal. SEC. 15. Be it further enacted, That sales of personal property by the Sheriffs or their Deputies shall be made before the court house door in the county where the property is, after ten days' notice of time, place and property to be sold by posting of such notice in three or more public places in said county. Sale of personal property by sheriff. SEC. 16. Be it further enacted, That the Mayor and Mayor pro tem. shall be to all intents and purposes a Justice of Peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said town, which warrants shall be executed by the marshal or other police officer, and to commit to the jail of the County of Lowndes, or to admit to bail offenders for their appearance at the next term of the Court sitting in Lowndes County that has jurisdiction of such offense, and it shall be the duty of the jailer of the County of Lowndes to receive all such persons so committed, and safely keep them until discharged by due course of law. Commitments. SEC. 17. Be it further enacted, That the legislative department of the said town of Hahira shall be vested in the Mayor and Councilmen of said town. Legislative power. SEC. 18. Be it further enacted, That the Mayor and Council shall meet once in every month for the transaction

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of business, and not oftener, unless in the discretion of the Mayor, or Mayor pro tem., it becomes necessary to have an extra meeting, and in that event the Mayor or Mayor pro tem. may call the Council together at once. The Mayor and Council may adjourn their meetings to some definite time in the interim of regular monthly meetings. Meetings of Council. SEC. 19. Be it further enacted, The Mayor, or Mayor pro tem., shall preside at the meetings of the Council, but shall vote only in case of a tie. Said Mayor, or Mayor pro tem., and three Councilmen shall constitute a quorum for the transaction of business. Presiding officer. Quorum. SEC. 20. Be it further enacted, That before any ordinance shall become a law it shall be read at three separate meetings of the Mayor and Council before its passage; provided, that any ordinance may be passed at the first reading by unanimous consent of the Mayor and Council. Ordinances, how passed SEC. 21. Be it further enacted, That the Mayor and Council shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, work houses, public houses, carriages, wagons, carts, drays, bicycles, wells, springs, fire engines or other engines, care of the poor, prevention of disorderly houses, houses of ill fame, for the prevention and punishment of disorderly conduct, and conduct liable to destroy the peace and tranquility of a citizen or citizens thereof, and every other by-law, resolution and ordinance that may seem necessary and proper for the security of the peace, health, order and good government of the city. Police powers. SEC. 22. Be it further enacted, That said Mayor and Council shall have power and authority to prescribe by ordinance adequate penalties for all offenses against the

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ordinances of said town, and to punish offenders by fines not exceeding two hundred dollars, or labor on the streets in said town, or public works of said town, or confinement in the calaboose, or guard house, not to exceed ninety days; said fines to be collected by execution issued by the clerk of the Council against the estate, both real and personal, of the offender, if any to be found. Enforcement of ordinances. SEC. 23. That for the purpose of raising revenue for the support and maintenance of said government, the Mayor and Council shall have full power and authority and they shall provide by ordinance for the assessment, levy and collection of an advalorem tax on all real and personal property within the corporate limits of said town not exceeding seventy-five cents on the hundred dollars, exclusive of taxation for public schools. Ad valorem tax. SEC. 24. Be it further enacted, That the said Mayor and Council shall have full power and authority to require any person, firm, company or corporation engaged in, prosecuting or carrying on, or who may be engaged in, prosecuting or carrying on any trade, business, calling, vocation, or profession within the corporate limits of said town, to register their names and business, calling, vocation or profession annually, and to require such person, firm, company or corporation to pay for such registration and for license to engage in, prosecute or carry on such business, calling, vocation or profession. Special taxes. SEC. 25. Be it further enacted, That the said Mayor and Council shall have full power to levy and collect from itinerant traders who may directly or indirectly, by themselves or others, sell any goods, wares or merchandise in said town, such tax as to them may seem proper. Itinerant traders, tax of.

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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. Shows. SEC. 27. Be it further enacted, That said Mayor and Council shall have power and authority to assess a tax on persons carrying on a brokerage business in said town, in addition to all other taxes they may be required to pay. They shall have power to license pawnbrokers within their respective jurisdictions, to define by ordinance their powers and privileges, to impose taxes upon them to revoke their license, and generally to exercise such superintendence over pawnbrokers as would insure fair dealings between them and their customers. Brokers. Pawnbrokers. SEC. 28. Be it further enacted, That it shall not be lawful for any member of the Mayor and Council to be interested, either directly or indirectly, in any contract with the town of Hahira, the Mayor and Council, or any one or more of them, havng for its object the public improvement of the town or any part thereof, or the expenditure of its money. Any violation of this Section by the Mayor or any member of the Council shall, on conviction thereof, be punished as for a misdemeanor under the Code of Georgia. Contracts with town, Mayor and Council shall not be interested in. Punishment for violation. SEC. 29. Be it further enacted, That the Mayor and Council shall at their regular meeting in March of each year elect three freeholders, residents in said town, to be tax appraisers; said appraisers shall hold their office for one year, unless sooner removed by the Mayor and Council. All vacancies occurring in said offices by death, resignation, removal, or otherwise, shall be filled by the Mayor and Council. Said appraisers shall, before entering upon

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the discharge of their duties, take and subscribe an oath to faithfully perform the duties of their office, and they shall be paid for their service such compensation as the Mayor and Council may fix, not to exceed seventy-five dollars each. Neither Mayor or any Councilman shall be eligible for office of tax appraiser. Tax appraisers. SEC. 30. Be it further enacted, That it shall be the duty of every citizen and they are hereby required, to make annual returns under oath, to said board of tax appraisers, within the time prescribed by said board of tax appraisers, a full and complete schedule of all their taxable property held in their own right or in behalf of other persons, polls, trades, businesses, occupations, and professions; in said town, and in case any person shall refuse or fail to make such return, or shall make a return deemed by the board of tax appraisers incorrect, said board of tax appraisers shall assess the property of such person and fix value thereon as they may deem correct and just. A majority of said board of tax appraisers shall constitute a quorum. The clerk of the Council shall be clerk of the board of tax appraisers, and shall perform such duties as they may require of him. Tax returns. SEC. 31. Be it further enacted, That it shall be the duty of said board of tax appraisers to scrutinize carefully each and every return, real or personal, made by any tax payer in said town, and if, in their judgment, they find the property embraced in the return, or any part of the return, to be below the market value of the property, or the return is incomplete or incorrect, said board of appraisers shall assess the market value thereof, and complete or correct said return within thirty days, or such other time as prescribed by the Mayor and Council, after the time for

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returning taxes shall have expired. Whenever the appraisers have raised the valuation at which the tax payer has returned his property, said appraisers shall give him written notice of their assessment, and it shall be the tax payers privilege, if dissatisfied with the assessment, within ten days to appear before the said board of tax appraisers under such rules and regulations as said board of tax appraisers may prescribe, and show cause, if any he can, why such assessment should not stand. In all cases the decision of the appraisers shall be final. Duties of tax appraisers. Objections to valuations. SEC. 32. Be it further enacted, That there shall be a lien on all the property of said citizen or inhabitant of said town, both real and personal, situated therein, for corporation taxes assessed thereon, and for all fines and penalties assessed upon the owners thereof from the date they are assessed or imposed, which shall have a priority over all liens except liens due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of liens due the State and county. Tax liens. SEC. 33. Be it further enacted, That the Mayor and Council of the town of Hahira shall have full power and authority to condemn private property for public purposes, in the opening and laying out of new streets, and alleys, in widening, straightening, or otherwise changing any of the streets and alleys of said town, in establishing a system of water works, a system of sewerage, a system of electric lights; or other public purposes according to the laws of the State of Georgia, in regard to the condemnation of private property, as prescribed in Civil Code, of 1910, beginning with Section 5206 et. sequa., the proceedure to be the same in all respects. Condemnation, right of. SEC. 34. Be it further enacted, That the Mayor and

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Council shall have full power and authority to license billiard tables and ten-pin alleys, and on all billiard tables kept or leased for the purpose of playing, gaming or renting, and on all ten-pin alleys, or nine-pin alleys, or alleys of any kind which are kept or used for the playing on with balls and pins, or either, or for the purpose of renting same, and shall charge for such license such sum of money as they may deem proper. License of amusements. SEC. 35. Be it further enacted, That for the purpose of enabling members of the Council to know at all times the true financial condition of the town, the clerk shall prepare and read and enter upon the minutes at the opening of each regular session, a balance sheet showing the gross revenue of the fiscal year, and expenses rated by the Mayor and Council up to that time. Balance sheet showing revenue and disbursements. SEC. 36. Be it further enacted, That the treasurer of said town, at the close of each fiscal year, shall make a full tabular statement of the assets and revenues of the said town for the past year, together with the statement of the amount of money disbursed in each branch of the town government. Treasurer's statement. SEC. 37. Be it further enacted, That the Mayor and 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 see fit to do so, and to pay for the services of such accountant or accountants so employed such amount or amounts as to them seem proper. Expert accountant. SEC. 38. Be it further enacted, That the Mayor and Council shall have authority to require all such officers and employees of the town as may seem necessary to said Mayor

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and Council to give good bond and security, to be fixed and judged of by said Mayor and Council, for the faithful performance of their duties. Bonds of officers. SEC. 39. Be it further enacted, That the Mayor and Council shall have authority to pass ordinances and regulations preventing idleness and vagrancy within the corporate limits of the town, and to prescribe penalty for violations thereof. Idleness and vagrancy. SEC. 40. Be it further enacted, That the said Mayor and Council shall have power and authority to regulate and prevent running at large, within the said town of Hahira, animals of all kinds and descriptions; also to impound said animal or animals when found upon the streets of said town, and to charge such fee for same as they may prescribe, and in addition thereto to charge for the keep of any animal or animals so impounded; also, when the owner or owners of any animal or animals shall refuse or fail to pay the impounding fee and cost of keeping said impounded 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 rules and regulations prescribed by the Mayor and Council. Impounding of animals. SEC. 41. Be it further enacted, That the said Mayor and Council may compel all persons residing within said town, who may be subject to road duty, to work on the streets and walks of said town for a space not exceeding ten days in each year, but may receive in lieu of said work a commutation fee from such person not to exceed five dollars, and the Mayor of said town shall have the same power to punish defaulters as the road commissioners of this State now have; provided, that no defaulter shall have the right to relieve himself of any fine or penalty imposed

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for his failure to perform street duty after being returned as such defaulter, without the consent of the Mayor and Council. Street duty. Commutation tax. SEC. 42. Be it further enacted, That no person shall be eligible to any office under this Act who is not eligible as a voter at the election, and any officer in this incorporation, who shall be guilty of malpractice or abuse of powers confided in him, shall be subject to indictment in the Superior Court, and on conviction shall be subject to be fined not less than fifty nor more than five hundred dollars (said fine to be paid into the treasury of the said town, and for its use), or be imprisoned not to exceed twelve months, in the discretion of the Court, and upon conviction removed from office. Eligibility to office. SEC. 43. Be it further enacted, That all sales of real property shall be made under the same rules and regulations as now control the Sheriff sales of real property in this State, whether made by marshal of the town or the Sheriff of the county, and the deeds from either of the aforesaid officers, made in accordance with such, shall pass all the title to the purchaser that existed in the defendant. Claims or illegalities may be interposed to such sales under the same rules and regulations as now exist or may hereafter exist for the interposition of claims in the Superior Courts of this State, and all such claims and illegalities are to be returned to the first Superior Court that sits within ten days after the filing of such claims or illegalities. Sales of real property. Claims, illegalities. SEC. 44. Be it further enacted, That the Mayor and Council shall receive such compensation and pay as the preceding Mayor and Council shall deem proper, but their compensation shall not be increased or diminished during their term of office. Compensation of Mayor and Council.

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SEC. 45. Be it further enacted, That said Mayor and Council shall have authority to protect places of divine worship; to provide a cemetery or cemeteries for the burial of the dead, either within or without the town; to regulate interments therein, and to expend annually an amount sufficient for the proper keeping of said cemetery or cemeteries, but white and colored people shall not be buried in the same cemetery. Divine worship, protection of. Cemeteries. SEC. 46. Be it further enacted, That the Mayor and Council shall have authority, in their discretion, to elect a city attorney, and to pay for his services such sum as to them seems reasonable and proper. City Attorney. SEC. 47. Be it further enacted, That said Mayor and Council shall have full power and authority to establish, maintain and operate a complete system of sanitary sewerage and drainage in and around said town, and to acquire any property, or rights, either within or without said town, necessary and appropriate for carrying this Act into effect; and in all cases where it becomes necessary to take or use private property or injure private rights, either within or without said town, and the said Mayor and Council and the owner or owners cannot agree as to the amount of compensation or damage to be paid, the same shall be assessed as provided for in Section 33 of this charter. Sanitation. SEC. 48. Be it further enacted, That the said Mayor and Council shall have full power and absolute control of all said pipes, sewers, private drains, water closets and privy vaults in said town, with full power to prescribe their location, structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants

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of said town. The said Mayor and Council shall have full power and authority to prescribe the kind of water closets and urinals to be used within the corporate limits of said town, and shall have power and authority to condemn and destroy any water closets or urinals now in use, or that may hereafter be erected and put in use, which do not conform to and are not the kind prescribed for use by the said Mayor and Council. They shall have power and authority to compel all property owners to connect water closets and urinals on the premises of such property owners with the sanitary sewers of said town, when such property is located on or near the street where there are sanitary sewers, and under such rules and regulations as may be prescribed by the said Mayor and Council, and such property owner who fails to connect any water closet or urinal on the premises of such owner with the sanitary sewers within the time prescribed by the Mayor and Council, the said Mayor and Council may make such connections and provide all necessary fixtures and assess the cost of said connection and fixtures against the real estate of said property owner. They shall have the power and authority to force the collection of said costs of such connection and fixtures by execution issued by the clerk, as provided in Section 13 of this Act, against said real estate, and which execution may be enforced in the manner provided in Section 43 of this Act. The lien of said execution shall be superior to all other liens except liens for taxes for paving streets or sidewalks of said town. Sanitation, continued. SEC. 49. Be it further enacted, That said Mayor and Council shall have power and authority to establish and operate a system of water works and electric lights for said town, and they shall have power and authority to acquire any property rights, within or without the town

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limits, necessary to operate electric lights and necessary for affording a complete and sufficient supply of pure water for said town, and for bringing the water and distributing it in said town. And whenever it becomes necessary to take or use private property or private rights, and the said Mayor and Council and the owner or owners thereof cannot agree as to the amount of compensation or damages to be paid, then the said compensation or damages shall be assessed as provided in Section 33 of this charter. Water works and electric lights. SEC. 50. Be it further enacted, That the said Mayor and Council shall have power to make rules and regulations respecting the introduction of water in or upon the premises, and from time to time to regulate the use thereof in such manner as shall seem to them proper, and the superintendents or inspectors in their service are hereby authorized and empowered to enter at all reasonable hours any dwelling or other place where said water is taken and used, and where unnecessary waste thereof is found, to inspect, examine and inquire as to the cost thereof. They shall have the power also to examine all service pipes, stop cocks and other apparatus connected with said water system, for the purpose of ascertaining whether same are of the character and dimensions and fixed in the manner directed in the permits issued therefor, and if any person or persons refuse to permit such examination, or oppose or obstruct such officer in the performance of his duty, he, she or they so offering shall be liable to such damages as said Mayor and Council may prescribe, not inconsistent with this charter. Water regulations. SEC. 51. Be it further enacted, That the Mayor and Council shall have power to regulate the distribution and use of water in all places and for all purposes where the

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same may be required, and from time to time shall fix the price for the use thereof, and the time of payment, and may erect such number of public hydrants and in such places as they shall see fit, and in directing in what manner and for what purposes they shall be used, and all of which they may change at their discretion. They shall have power and authority to require payment in advance for the use and rent of water 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 from such place, building or premises, and shall not be compelled again to supply such place, building or premises with water until such arrears, with interest thereon, shall be promptly paid. Water regulations, continued. SEC. 52. Be it further enacted, That if any person or persons shall maliciously or wrongfully divert the water or any portion thereof from said water works, or shall corrupt or render impure, or shall destroy or injure any canal, aqueduct, public conduit, machinery or other property used or required for procuring or distributing said water, such person or persons, their aiders and abettors, shall forfeit to the said Mayor and Council, to be recovered in an action for damages, treble the amount of damages (besides the cost of the suit) which shall appear on trial to have been sustained, and all such acts are hereby declared to be misdemeanors, and the parties found guilty thereof may be further punished as for a misdemeanor under the Code of Georgia. Malicious diversion or pollution of water, etc. Punishment. SEC. 53. Be it further enacted, That said Mayor and Council of said town shall have full power and authority, in their discretion, to grade, pave, macadamize, or otherwise improve, trestle and bridge the sidewalks, streets, public lanes and alleys of said town. Streets, etc.

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SEC. 54. That said Mayor and Council shall have power and authority to assess two-thirds of the cost of paving and otherwise improving the sidewalks, including the necessary curbing, on the real estate abutting on the street and on the side of the street on which the sidewalk is improved. Street improvements and assessments. SEC. 55. That the Mayor and Council shall have full power and authority to assess one-third of the cost of paving, grading, macadamizing, constructing side drains, cross drains, crossings, or otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved. The real estate abutting on each side shall pay two-thirds of the entire cost, and any street railroad company, having tracks running through or across the streets of said town, shall be required to pave, macadamize, or otherwise improve said streets in such proportion as the Mayor and Council may prescribe. Street improvements and assessments, continued. SEC. 56. Said Mayor and Council shall have full power and authority to adopt, by ordinance, such system of equalizing assessments on real estate for above purposes for the amount set forth as may be just and proper, estimating the total cost of each improvement made and prorate the cost thereof on the real estate, according to the frontage on the street, or portion of street improved and 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 provided for the work and making the assessment. Equalizing assessments. SEC. 57. Said Mayor and Council shall have full power and authority to enforce collection for the amount of any assessment so made for any work, either upon the street or sidewalks, by execution issued by the clerk of the Council against the real estate so assessed, against the owner

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thereof at the date of the ordinance making such assessment, which execution may be levied by the marshal of said town on such real estate, after advertising and other proceedings, as in cases of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall pass absolute title to the purchaser. Said town marshal shall have power to eject occupants and put purchaser in possession; provided, that defendant shall have a right to file his affidavit tendering the whole or a part of the amount for which execution is given, and stating the amount he admits to be due, which amount, with all costs, shall be paid and collected before the affidavit be received for the balance, and the affidavit shall be returned to the Superior Court of Lowndes County, and there be tried, and shall be determined as in case of illegality, subject to all the penalties as in cases of illegalities filed for delay. Collection of assessments. SEC. 58. The Mayor and Council shall have authority to pave and contract to pave the whole surface of the street without giving any street railroad company, or other property holder or occupant of the street, the option of having the space to be paved by it paved by itself, or by a contract at its instance, the object being to prevent delay and the securing of uniformity in the pavement. Paving contracts. SEC. 59. The lien for assessment upon abutting property and street railroad companies, or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading, draining, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from the passage of ordinance authorizing the execution of the work in such case. Lien for street improvements. SEC. 60. Be it further enacted, That said Mayor and Council shall have authority to prescribe, by ordinance,

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such other rules as the Mayor and Council, in its discretion, may deem necessary to grade, pave, drain, macadamize, or curb the streets and alleyways of said town; to enforce by execution the costs thereof against adjacent property owners and railroad companies; to provide how the agents or owners thereof shall be served with notice by personal service or by publication. Additional ordinances. SEC. 61. That all executions issued against property owners for paving, grading, macadamizing, constructing side drains, cross drains, crossings, and otherwise improving the roadway or street proper, or sidewalks of said town, as above provided, shall be issued as set forth in Section 13 of this charter. Executions, how issued. SEC. 62. Be it further enacted, That said Mayor and Council shall have full power and authority, in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations prescribing penalties for violation of same, necessary for the purpose of establishing and maintaining said board of health, and to pass ordinances and regulations (prescribing penalties for the violation of same) to prevent the spread of any infectious or contagious disease; also to enforce an ordinance to compel vaccination of all persons within the corporate limits of said town; also to isolate any person or persons inflicted with any infectious or contagious disease by confining such person or persons within premises provided by said Mayor and Council, either within or without the corporate limits of said town; also to isolate any person or persons exposed to any infectious or contagious disease during the period of incubation of such disease, by confining such person or persons during such period within premises provided by the Mayor and Council, either within

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or without the corporate limits of said town; provided, that no person or persons shall be so isolated who are able and willing to pay the hire of proper persons to be selected by the Mayor and Council to guard the premises in which they are, so as to prevent egress and ingress into said premises during the time in which there is any probability of the spread of any contagious or infections disease from such persons. Board of Health. SEC. 63. The Mayor and Council shall, in their discretion, elect a recorder, whose duty it shall be, when so elected, to preside at the Court known as the Mayor's Court, with as full and ample authority to try and dispose of all cases within the jurisdiction of the Mayor's Court as the Mayor heretofore had, and as the Mayor has under the provisions of this charter. He shall hold his office until the next general election after his election by the Mayor and Council, unless he shall be removed from office sooner, for cause to be judged of by the Mayor and Council. Recorder, Mayor's Court, etc. SEC. 64. The salary of the recorder shall be fixed by the Mayor and Council prior to his election, and shall not be increased or diminished during his continuance in office. In case of the absence of the recorder, the Mayor, or Mayor pro tem., may perform the duties of said recorder. In case of death, resignation, or removal of the recorder, for cause to be judged of by them, the Mayor and Council may at the expiration of the term of the recorder, discontinue the office of recorder, and in that event the Mayor shall have the powers and authority he had before the establishment of the office of the recorder. Compensation of Recorder. Who may act in absence of Recorder. SEC. 65. When sitting as a Recorder's Court, the recorder shall have full power and authority, concurrent

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with the Mayor and Mayor pro tem., to try all the offenders against the ordinances of said town and impose such penalties for violation thereof as may be prescribed by the ordinances of said town. Before entering upon the duties of such office he shall take and subscribe an oath, before some officer authorized to administer oaths, faithfully to discharge the duties of the same. His duties not herein enumerated may be prescribed by ordinance. Recorder's power and authority. Oath of Recorder. SEC. 66. Be it further enacted, That the Mayor and Council of said town shall have full power and authority, in their discretion, to elect a building inspector, whose duty it shall be to inspect all buildings and walls located on the various streets, lanes and alleys, when he shall be requested to do so by the Mayor, and to report the result of such investigation to the Mayor and Council, with a recommendation as to the best cause to be pursued in reference to said buildings and walls for the protection of the citizens. The inspector of buildings and walls may hold any other office not necessarily conflicting with his duties as inspector of buildings and walls. Building Inspector. SEC. 67. The said Mayor and Council shall have full power and authority to execute, in a summary manner, the recommendations of the building inspector, at the expense of the owner of said building or wall, or the owner of the lot upon which the same may be located, in the discretion of said Mayor and Council. Should the said owner, after fifteen days' notice, fail or refuse to remove the said objections reported by the said building inspector, such expense to be collected by execution issued by the clerk of the Council as prescribed in Section 13 of this charter; and the Mayor and Council shall have full power and authority to pass all ordinances that may be necessary to carry this

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measure into full effect. Said building inspector shall hold his office subject to the discretion of the Mayor and Council. Execution of recommendations of Building Inspector. SEC. 68. Be it further enacted, That said Mayor and 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, nor lower than those allowed Justices of Peace and Constables of this State. Said Mayor and Council shall have power and authority, in their discretion, to allow said fees to the officers of said town, or to place same in the treasury of the town. Fee bill for officers. SEC. 69. Be it further enacted, That said Mayor and Council shall have authority to create and organize a fire department, and shall have complete control of same, whether paid or voluntary, or both, and shall have power and authority to pass all ordinances and regulations necessary to perfect and maintain said fire department. Fire Department. SEC. 70. Be it further enacted, That said Mayor and Council shall have full power and authority to establish and maintain a fire limit, in their discretion, and it shall be unlawful for any person or persons to erect other than fire proof buildings, or other structure of whatever kind, other than fire proof. Should any one erect or cause to be erected, within the fire limits established by the Mayor and Council, any house, or other thing, other than fire proof buildings, said Mayor and Council may cause same to be removed after five days' notice, at the expense of the owner or owners of such building or buildings. The expense of such removal to be collected by execution issued from Mayor and Council by the clerk of the Council, as prescribed in Section 13 of this charter. And said Mayor

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and Council may, in their discretion, enlarge said fire limits, from time to time, as to them may seem meet and proper. Fire-proof buildings will be constructed of brick or stone and metal or slate roof. Fire limits. Fire-proof construction. SEC. 71. Be it further enacted, That the said Mayor and Council shall have power and authority to compel, by ordinance, every person or persons about to build, or cause to be built, any house of any description, or other structure, to first secure a permit in such manner as may be prescribed by the Mayor and Council by ordinance, and the failure on the part of any person or persons to comply with such ordinance as may be passed under the authority granted in this Section, shall be liable to the penalties prescribed in said ordinance. Building permits. SEC. 72. Be it further enacted, That said Mayor and Council shall have power and authority to pass ordinances and regulations, and prescribe penalties for violations of same, in regard to meat markets and other business of like nature. Also to establish and maintain a system of inspection of meats sold at the markets, or other places of business of like nature, or on the streets, or within the corporate limits of said town, and to charge an inspector's fee for each inspection, in such amount as to them seems proper. Meat markets and inspection of meats. SEC. 73. Be it further enacted, That the Mayor, and Mayor pro tem., when sitting as a Mayor's Court, as provided in this charter, shall have full power and authority to compel the attendance of parties as witnesses at the Mayor's Court; and for this purpose either of them may fine for contempt any such amount or penalty as may be prescribed by ordinance. The power is also granted to

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said Mayor and Mayor pro tem., when sitting as a Mayor's Court, to take and receive of parties as witnesses such bond or bonds as he may deem necessary to secure the attendance of parties as witnesses, and to forfeit said bond or bonds in the same manner as such bond or bonds are now forfeited in the Superior Courts of this State. Mayor's Court, powers of. SEC. 74. Be it further enacted, That the said Mayor and Council shall have full power and authority to issue bonds of the said town of Hahira to the amount of twenty-five thousand dollars, said bonds to be of such denomination and to bear such rate of interest, not exceeding six per cent. per annum, as to mature and become payable at such time or times within thirty years after the issue thereof, and the interest to be paid at such time as the Mayor and Council may determine. Municipal bonds. SEC. 75. Be it further enacted, That said Mayor and Council shall have power and authority to assess, levy and collect annually a sufficient tax upon all the taxable property of said town to pay the interest on said bonds, as the same shall become due, and to provide a sinking fund for the redemption of said bonds as the principal shall become due, the tax provided for in this Section to be in addition to the tax levied for the current expenses of the said town. Interest on bonds and sinking fund. SEC. 76. Be it further enacted, That said bonds shall be signed by said Mayor of said town, and be countersigned by the clerk of the Council, under the corporate seal of the town, and shall be negotiated in such manner as said Mayor and Council shall determine to be for the best interests of said town. Bonds, how signed and negotiated. SEC. 77. Be it further enacted, That the proceeds arising from the sale of bonds shall be appropriated and applied

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to the purchase of the necessary real estate upon which to locate a water works plant for said town and an electric light plant or plants for said town; to the construction and equipping of said water works plant and electric light plant or plants, and for other purposes. Water works and electric light plants. SEC. 78. Be it further enacted, That the provisions of this measure shall not have effect until the same shall have been submitted to a vote of the qualified voters of said town of Hahira, and approved by a two-thirds vote of qualified voters of said town. Provisions of this measure, when effective. SEC. 79. Be it further enacted, That immediately after the passage of this measure, or as soon thereafter as expedient, said Mayor and Council shall order an election to be held in said town, and shall give notice thereof for the space of thirty days next preceding the day of election in the newspapers published in Lowndes County in which the Sheriff's advertisements for the county are published, notifying the people, (qualified voters), that on the day named an election will be held to determine the question whether bonds shall be issued by said town, which notice shall specify the amount of bonds to be issued by said town for what purpose, what interest they are to bear, how much principal and interest to be paid off annually, and when said bonds are to be fully paid off; that said election shall be held on the day named in said published notice at the voting precinct of said town, and shall be held by same persons and in the same manner and under the same rules and regulations that elections for Mayor and Council of said town are required to be held, at the time of such elections; and the same qualifications of voters at said election shall be required as at the time of said election are required of voters in the principal elections

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of said town. That the managers of said election shall make the returns of the result of the election to the said Mayor and Council of said town on the day after the election, which result shall be published within ten days of the election; that the ballots cast shall contain the words For bonds or the words Against bonds, and unless for bonds shall receive two-thirds majority of the voters of said town qualified to vote at said election, to be ascertained from the tally sheet of the last general election held in said town previous to said bonds election, then this measure shall not become a law. Bond election. SEC. 80. Be it further enacted, That the sale of spirituous, alcoholic, malt or other intoxicating liquors, within the corporate limits of said town, is hereby prohibited, and any person violating this Section is guilty of a misdemeanor, and on conviction in any Court having jurisdiction of same in Lowndes County, shall be punished as prescribed by the Code of this State. Prohibition. SEC. 81. 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 19, 1912. HAPEVILLE, CITY OF, CHARTER AMENDED. No. 367. An Act to amend an Act entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, approved September 16, 1891, and the several

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Acts amendatory thereof; to provide for the levy and collection of a general advalorem tax on all property within the corporate limits of said City of Hapeville, not to exceed seventy-five cents per annum on every one hundred ($100.00) dollars of the value thereof; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, approved September 16, 1891, and the several Acts amendatory thereof be, and the same are, hereby amended by striking and repealing Section twenty of said Act entitled An Act to incorporate the City of Hapeville, and for other purposes, approved September 16, 1891, which Section relates to the levy and collection of taxes by said City of Hapeville, and to insert in lieu thereof the following, to-wit: Section 20. For the purpose of raising money to support and maintain and meet the expenses of the city government, the Mayor and Council of said City of Hapeville shall have power and authority to levy and collect a street tax on all male residents of said City of Hapeville between the ages of twenty-one and fifty years; and an advalorem tax on all property whatsoever owned, held, or possessed in said City of Hapeville, subject to taxation under the laws of the State; said advalorem tax not to exceed three-fourths of one per centum per annum of the value of said property; provided, however, that if any time for any special purpose said Mayor and Council shall consider it expedient to levy and collect a greater percentage of taxes than three-fourths of one per centum per annum upon the property in said city, they may submit the tax rate so desired or proposed to the voters of said

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city to be determined by an election held for that purpose, for which election said Mayor and Council shall make provision and receive the returns and declare the result of said election; and if two-thirds in number of those voting on said issue at said election shall by ballot give their consent to such proposed rate of taxation, then and in such event the Mayor and Council shall have power and authority to levy and collect said tax. Hapeville, City of, street tax. Ad valorem tax. SEC. 2. Be it further enacted, That Section twenty-one of said Act approved September 16, 1891, be and the same is hereby amended by striking therefrom the words Clerk of the Council, and by inserting in lieu thereof Assessors, so that said Section when amended shall read as follows: Section 21. The Mayor and Council shall provide by ordinance for assessment of real property, and the return under oath to the assessors of all personal property and the value thereof and for the levy and collection of the advalorem before mentioned. All assessments on real property shall be uniform and made at the cash market value. Tax assessors. SEC. 3. Be it further enacted, That Section twenty-three of said Act approved September 16, 1891, be and the same is hereby amended by striking therefrom the words who must also represent a majority in value of the taxable property owned by residents in said city, and by inserting in lieu thereof the following words: Of the qualified voters of said city, so that said Section when amended shall read as follows: Section 23. The Mayor and Council shall have power to issue bonds, or otherwise contract any debt of said city,

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not to exceed the Constitutional limitation, to supply water, sewerage, gas, or other methods for supplying light for the city and the people thereof; but neither of these measures shall be undertaken without first submitting the same to the voters of the city and obtaining the consent of two-thirds in number of the qualified voters of said city, at the election to be held for such purpose in the manner provided in Section twenty in this Act. Election for bonds for water, sewerage and lights. SEC. 4. Be it further enacted by the authority aforesaid, That the Mayor and Council of said City of Hapeville be and they are hereby authorized to levy and collect the taxes as authorized under Section one (1) hereof and not exceeding the sum therein named, on and after the passage of this Act, as fully and completely as if authorized under and made a part of the original Act of incorporation of said City of Hapeville, approved September 16, 1891, aforesaid. Authority to levy and collect taxes. 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 5, 1912. HARALSON, TOWN OF, CHARTER AMENDED. No. 611. An Act to amend an Act entitled an Act to incorporate the town of Haralson, Georgia, and for other purposes, approved August 22, 1907, to change the terms of officers

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of said town, to provide for change in election day, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, that Section four (4) of the Act incorporating the town of Haralson, Georgia, and for other purposes, approved August 22, 1907, and the same is, hereby amended by striking from the second line of said Section the words December, 1907, and substituting therefor the words October, 1912; and by striking from the fourth line of said Section the word two, and substituting therefor the word one; and by striking from the seventh line of said Section the word biennially, and substituting therefor the word annually; and by striking from the eighth line of said Section the word December, and substituting therefor the word October; so that said Section when amended shall read as follows: Be it further enacted, That on the first Saturday in October, 1912, an election be held in the said town of Haralson for the purpose of electing a Mayor and three Aldermen; that said Mayor and Aldermen shall be elected for a term of one year from the date of their election; and that they shall hold their office until their successors are elected and qualified; and that annually thereafter there shall be an election held in said town of Haralson on the first Saturday in October for the purpose of electing said Mayor and Councilmen as their terms of office expire. Haralson, town of. Election of Mayor and Aldermen. Term of office. SEC. 2. Be it enacted by the authority aforesaid, That if an election is not held on said first Saturday in October of each year, an election may be held at any time thereafter by the Mayor and Aldermen advertising same at two

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or more places for ten days before the election, for the purpose of electing a Mayor and three Aldermen. That J. B. Wood be, and he is hereby, appointed Mayor, that W. O. Herndon, L. F. Taylor, and W. A. Grovenstein, be, and are hereby, appointed Aldermen, for said town of Haralson to hold in office until the first Saturday in October, 1912, and after, until their successors are elected and qualified. Special election. Appointment of Mayor and Aldermen. SEC. 3. Be it further enacted, That Section eight (8) of said Act incorporating said town of Haralson, be, and the same is, hereby amended by striking from the fourth line of said Section the word two, and substituting therefor the word one, so that said Section when amended shall read as follows: Be it further enacted, That the Mayor and Councilmen of the town of Haralson shall elect at each first meeting held by the newly installed Mayor and Aldermen, a Mayor pro tem., who shall hold his office for the term of one year, and shall be clothed with all the powers, rights, privileges and duties of Mayor during the sickness or absence of the Mayor, or from any cause the Mayor be disqualified to act, upon the said Mayor pro tem. taking the oath prescribed for Mayor, and not otherwise. Said Mayor pro tem. shall be elected from the number of Aldermen then in office. Mayor pro tem. SEC. 4. Be it further enacted, That Section nine (9) of said Act incorporating said town of Haralson, be and the same is hereby amended by striking from the seventh line of said Section the word two, and substituting therefor the word one; and by striking from the eleventh line of said Section the word two, and substituting

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therefor the word one; so that said Section when amended shall read as follows: Be it further enacted, That at the first meeting of the Mayor and Councilmen after they have been newly installed in office they shall elect a clerk of Council, who shall be ex-officio treasurer, tax receiver, tax collector, and clerk of Mayor's Court of said town of Haralson; the said clerk may be one of the Aldermen, or some other person, and his term of office shall be one year, or until his successor has been elected and qualified. At the same meeting the Mayor and Councilmen shall elect a marshal, and if necessary a deputy marshal, for such term of service as they shall deem best, but not to exceed the term of one year. Said Mayor and Councilmen shall have the power to remove any officer for inefficiency or wilful neglect of duty, or other cause which would warrant his removal. Clerk of Council. Marshal. 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 19, 1912. HEROD, TOWN OF, ELECTION TO REPEAL CHARTER. No. 474. An Act to repeal the Act incorporating the town of Herod, in Terrell County, which was approved November 15th, 1901, which is found on page 431 of the published Acts of the General Assembly of Georgia for the year 1901, 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 Act incorporating the town of Herod, in the County of Terrell, which was approved November 15, 1901, and which is found on page 431-2-3-4 of the published Acts of the General Assembly of Georgia for the year 1901, be and the same is hereby repealed. SEC. 2. Be it further enacted, That this bill shall not become law until a majority of the voters of the City of Herod who are qualified to vote for members of the General Assembly and for State House officers, have voted on same. Those for the bill to have printed on their ballots For Charter Repeal, those opposing this bill to have printed on their ballots Against Charter Repeal. Herod, town of, election to repeal charter. SEC. 3. Be it further enacted, That this election be held on the same day as the general State election in October, and that result of same be published in the Dawson News by the Mayor and Council of the City of Herod. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. HICKOX, TOWN OF, CHARTER AMENDED. No. 323. An Act to amend an Act incorporating the town of Hickox, in the County of Wayne, State of Georgia, defining its corporate limits, declaring its powers, etc., approved

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August 20, 1906, so as to authorize said town to establish and maintain a system of public schools by local taxation, and so as to authorize the Mayor and Aldermen of said town to levy and collect annually an advalorem tax in addition to the school tax, for the purpose of raising revenues to meet the general expenses of said town and for other municipal purposes, and so as to provide for the establishment of a Police Court in said town and for the punishment of offenders against the ordinances and regulations of said town, 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 Act of the General Assembly of said State, approved August 20th, 1906, incorporating the town of Hickox, in the County of Wayne, State of Georgia, defining its corporate limits, declaring its powers, and for other purposes, be and the same is, hereby amended as follows, to-wit: SECTION 1. That the Mayor and Council of said town shall have full power to levy and collect annually an advalorem tax, not to exceed one per cent. on all the property, real and personal, within the corporate limits of said town as now or hereafter laid out, which is taxable under the laws of the State, for the purpose of raising revenues to meet the general expenses of said town and of its government, and for promoting the welfare, peace, benefit, and good order of said town and the inhabitants thereof, and for other legitimate municipal purposes, and also an additional per cent. sufficient in amount, as assessed by the Mayor and Aldermen of said town, on all said property, for the purpose of paying the principal and interest on any public debt that may now exist or may hereafter

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be created against said town; and in addition thereto said Mayor and Aldermen shall also have power and authority to levy and collect an annual advalorem tax not to exceed one-half of one per cent. upon the value of all real and personal property in said city for public school purposes in the event a system of public schools is established in said town as hereinafter provided. Hickox, town of, Ad valorem tax. SEC. 2. That the Mayor and Aldermen of said town shall have the power to provide by ordinance for the return of all the taxable property in said town and for the assessment of the value thereof, and shall also give to the taxpayers the right to appeal and be heard upon the question as to whether their property is assessed at its fair market value as provided by law. Tax returns. SEC. 3. That said Mayor and Aldermen, in the name and behalf of said town, shall have the right to make such contracts and do such things as may be necessary for the general welfare and benefit of said town, and of the inhabitants thereof, and they may provide by ordinance for the registration of the qualified voters of said town, and may also exercise the right of eminent domain for the purpose of condemning and taking over land and other property for streets and other public purposes. Powers to legislate. SEC. 4. That there shall be a Police Court in said town to be held by the Mayor, or in his absence or disqualification, by the Mayor pro tem., or by any other member of the board of Aldermen (in case of the absence or disqualification of such Mayor pro tem. ) in the Council chamber or in some other convenient place in said town, as often as may be necessary. Said Court shall have the power to preserve order and compel the attendance of witnesses,

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and to try and determine offenses against any of the ordinances and regulations of said town, and upon conviction to punish any offender against or violator of any of the ordinances or regulations of said town by fine not to exceed $100.00, or by confinement in the guard house or calaboose of said town not to exceed sixty days, or by labor on the streets or public works of said town under the control and direction of the proper officers, not to exceed ninety days; and either one or more all of said penalties may be imposed 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 or either or both of the other punishments above named in the event the fines are not paid. Said Court shall also have the right to punish for contempt by imprisonment in the calaboose or guard house of said town not exceeding five days or a fine not exceeding $10.00, either or both, in the discretion of the Court. Police Court. Jurisdiction and power. SEC. 5. That any person convicted in said Police Court shall have the right to appeal to the full board of Aldermen within four days after conviction, upon giving bond to be fixed by the Police Court Judge trying the case; and the right is also given any person to certiorari from the decision of said board of Aldermen as provided by law. Appeal. SEC. 6. That the marshal of said town or any policeman, as well as the Mayor or any Alderman, shall have the right to make arrests without warrant and to arrest and detain any one guilty of violating any of the ordinances or regulations of said town, and to hold such offender in the guard house or in the county jail pending trial, or else to take bond for his appearance for trial before the Police Court, and the Mayor and Aldermen may

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provide by ordinance for the forfeiture of all such appearance bonds. Arrests. SEC. 7. That every male resident of said town between sixteen and fifty years of age, shall, if required by the Mayor and Aldermen, work not exceeding fifteen days by himself or an acceptable substitute on the roads, streets and alleys of said town under the direction of the city marshal or other officer of the town, or he may be released upon the payment to said town of such amounts as may be fixed by the Mayor and Aldermen, the money so paid to be known as commutation tax and to be used in the improvement of the roads, streets and alleys of said town; provided, however, that no person residing in said town shall be required to work the public road outside of the public limits of said town nor to pay any commutation or county tax in lieu of same, nor any county road tax. Street duty. Commutation tax. SEC. 8. Said town when authorized by the qualified voters of the town at elections held from time to time as required by the Constitution and laws of the State, shall have full power and authority to issue and sell bonds or other evidences of indebtedness of said town in such amounts as may be deemed advisable for the purpose of erecting and equipping a suitable school building or buildings, or a public water works plant, or a public electric or gas light plant, any one or more or all as deemed expedient; and also for the purpose of constructing drains and sewers, and other public buildings, and works for public purposes in and for said town. Municipal bonds. SEC. 9. That said town shall not only have all the rights and powers conferred upon it by its original charter and this amendment, but such other rights and powers as usually belong to municipal corporations and as are necessary

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to carry out the objects and purposes of same, and particularly those powers conferred upon towns of the State by Sections 692, 693, 694, 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, and 710 of Volume 1 of the Code of Georgia of 1895, which Sections are hereby incorporated in this Act and made a part hereof, so far as same do not conflict with the provisions set out in the original charter of said town of Hickox and this amendment to same. General powers. SEC. 10. That the Mayor and Aldermen of said town, as soon after the passage of this Act as practicable, if by resolution they so recommend and decide, shall order an election to be held in said town at such time as, they may name, for the purpose of determining whether or not a system of public schools shall be established and maintained by, in, and for said town. All qualified voters of said town who favor said public school system, shall have written or printed on their ballot the words For Public Schools and those opposed shall have written or printed on their ballot the words Against Public Schools; and in case two-thirds of the qualified voters of said town voting at said election shall vote For Public Schools then said system of public schools shall be established, maintained and operated as in this Act provided. Notice of said election shall be given in the newspaper in which the Sheriff's advertisements of said County of Wayne are published, once a week for four weeks preceding said election; and notices of said election shall be posted up in three conspicuous places in said town at least four weeks preceding said election. Said election shall be held under the usual rules governing other municipal elections in said town, and the returns of same shall be made to, and result declared by, the Mayor and Aldermen of said town. In

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case any election held under this Act shall result Against Public Schools, then an election may be held by order of said Mayor and Aldermen at the expiration of twelve months after such election, and in the same manner as above provided; and so on in similar manner from time to time until said public school system is adopted by the necessary two-thirds vote as provided by law. Public school system, election to establish. SEC. 11. That when a public school system is thus adopted by and for said town upon the recommendation of its corporate authorities and upon the approval of its qualified voters as aforesaid, then said town shall have power and authority to establish and maintain a system of public schools in and for said town, which shall be free to all the children of said town as provided by the general laws of the State regulating such matters. Power to establish and maintain public schools. SEC. 12. That said public school system shall be under the general control and management of a board of education, which shall consist of five members, four of whom shall be elected by the Mayor and Aldermen of said town, the Mayor of said town being always ex-officio the fifth member of said board. As soon as said public school system is adopted as aforesaid, it shall be the duty of the Mayor and Aldermen to elect from the citizens of said town four members of said board, two of them to hold office for two years and two for four years, and until their successors are elected and qualified. At the expiration of the first terms of office as above provided, the terms of office shall always be four years, (except as to said ex-officio member) and until their successors are elected and qualified. Vacancies occurring in the board by death, resignation, removal from town or otherwise shall be filled for the unexpired term by said Mayor and Aldermen as soon thereafter as possible. Board of Education.

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SEC. 13. Said Mayor and Aldermen shall provide said board with adequate buildings, grounds, furniture, equipments and other necessaries for said public school system, or else with sufficient funds with which to purchase same. Said Mayor and Aldermen shall also maintain said public schools and provide funds and revenues for that purpose (in addition to those derived from the State and county and other sources) in the following manner, to-wit: At or before the beginning of each scholastic year, said board shall furnish to the Mayor and Aldermen a written estimate of the funds necessary for the support and maintenance of said public schools for the ensuing year, whereupon said Mayor and Aldermen are hereby empowered and it shall be their duty, to raise the funds required by said estimate by the assessment and levy of a special annual ad valorem tax upon all the taxable property subject to taxation in said town (including corporate, public service and railroad property) not to exceed one-half of one per cent. upon the value thereof. The funds thus raised by said special tax shall be known as school tax and shall be paid over quarterly to said board of education or its treasurer and same shall be used only for public school purposes. School buildings and equipment. School tax. SEC. 14. Said board shall make suitable by-laws for its own government and shall elect from their number such officers as they may deem necessary and shall prescribe the duties of said office and none of the members of said board shall receive any compensation. The treasurer of said board before entering upon the discharge of his duties shall give bond in at least the sum of one thousand dollars as fixed by the board, to account for all funds that may come into his hands, and the expense of making said bond, if any, shall be paid by the town. Said board is hereby

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authorized to operate, manage and supervise said public school system and to perform all necessary acts and devise and adopt all necessary and expedient ways and means for the proper operation of said system; to fix and prescribe the course of study and text-books for same; to select and employ a superintendent or principal and teachers for said schools and fix their salaries and remove them at discretion; to make suitable regulations for the government of said school and of the superintendent or principal and teachers and pupils; to make suitable sanitary, disciplinary and hygienic regulations for said school and pupils; and to do all and every other act or acts as may be expedient for the proper conduct and operation of said schools. Government, powers and duties of school board. SEC. 15. Separate schools for white and colored pupils shall be provided; and said board may provide for the payment of such rates of tuition as it may deem proper for all pupils who are not residents of said town or who are not of school age or who are not otherwise entitled to free tuition in said schools. Separate schools for white and colored. Tuition. SEC. 16. That the board of education of said County of Wayne and the authorities of said county are hereby prohibited from establishing and maintaining any other school or schools in said town, and from paying any part of the common school funds of the State or county or other school funds, to any other school or schools or school children in said town, not a part of the public school system herein provided. County schools and funds. SEC. 17. That said public school system shall receive its pro rata share of the State or county or common school fund or funds direct from the State Superintendent of Schools, whose duty it shall be to pay over to the treasurer

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of said board the pro rata share of the State and county or common school fund or funds to which said town and the children attending said public school system are entitled, according to the number of children of school age residing in said town, increased by the number of children of school age residing without the limits of said town, but in Wayne County, as provided by the laws of the State, who attend said school system, together with such other allowances as may be due or payable to said public school system and the children attending same under laws now in existence or which may hereafter be enacted. Common school funds. SEC. 18. That said board of education of said town shall keep minutes and books of accounts which shall always be open to inspection of the Mayor and Aldermen of said city, or any tax payer of said town, and said board shall render to said Mayor and Aldermen annually on a stated day to be fixed by said Mayor and Aldermen, an itemized statement of the receipts and expenditures of said school system for the preceding scholastic year, together with such recommendations and suggestions as they may see fit to make. Minutes, books of account and reports. SEC. 19. That said board shall cause a school census to be taken of the children residing within the limits of said town as soon as possible after the adoption of the public school system herein provided for, and furnish same to the State Superintendent of Schools and regularly thereafter as provided by law. School census. SEC. 20. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 25, 1912.

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HOWELL, TOWN OF, INCORPORATED. No. 361. An Act to incorporate the town of Howell, in the County of Echols, to define the corporate limits, to provide for the election of Mayor and a board of Councilmen of five, and prescribing the duties and authority of the Mayor and Councilmen, empowering them to levy and collect a tax on all the property, both real and personal, within the limits of said town for the support of the municipal government, 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 Howell, in the County of Echols, be and the same is hereby incorporated as a town under the name of Howell. Howell, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town of Howell shall consist of a Mayor and five Councilmen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of the town of Howell, and by that name and style shall have perpetual succession and shall have a common seal and shall be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors for the use and benefit of the town of Howell any estate or estates, real or personal, of whatever kind or nature within or without the jurisdictional limits of said town for corporate purposes and to sell, exchange or lease the same in any way whatever and by the name and style of the town of Howell shall be capable to sue and be sued in any Court of law or equity

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in this State, plead and be impleaded and do all other acts relating to their corporate capacity that may be necessary in performing their duties. Mayor and Councilmen, their powers, etc. SEC. 3. Be it further enacted by the authority aforesaid, That the corporate limits of the said town of Howell shall be within the following described lines, to-wit: Extending from the warehouse in said town one-half mile east, one-half mile south, one-half mile west and one-half mile north, having the form of a square, reckoned from said warehouse and the corners of said corporate limits pointing respectively northeast, southeast, southwest and northwest. Corporate limits. SEC. 4. Be it further enacted by the authority aforesaid, That T. J. Rizer be and he is hereby appointed Mayor of said town of Howell, and J. H. Howell, L. T. Daugharty, G. W. Daugharty, W. H. Herrin and N. T. Hendricks be and they are hereby appointed Council of said town of Howell, to hold their office until their successors are elected and qualified. First Mayor and Council appointed. SEC. 5. Be it further enacted by the authority aforesaid, That an election shall be held in said town of Howell on the first Wednesday in January, 1913, and on each succeeding first Wednesday in January of each succeeding year for the election of Mayor and Councilmen. And all of said elections shall be held by a Justice of the Peace or a Notary Public ex-officio Justice of the Peace of said county and two freeholders of said town of Howell, or in the absence of a Justice of the Peace, then by three freeholders of said town, and elections shall be conducted in all respects as elections for members of the General Assembly are held. Election of officers.

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SEC. 6. Be it further enacted by the authority aforesaid, That said Mayor and Council shall elect one of their number clerk and treasurer and shall have the power to elect a town marshal and such other town officers as they may deem necessary for the purpose of carrying into effect the purposes and provisions of this Act. Officers elected by Council. SEC. 7. Be it further enacted by the authority aforesaid, That said town marshal, Mayor or Councilmen may arrest without warrant any person guilty of a violation of the ordinances of said town of Howell, or reasonably suspected thereof, and bring the offender before the Mayor's Court for trial, and to this end said town marshal, Mayor or Councilmen, as the case may be, may summon any of the by-standers as a posse to assist in such arrest. Arrests. SEC. 8. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power in meeting assembled to pass all laws, rules, regulations, by-laws and ordinances that they may deem necessary for the government of said town of Howell, the protection of the life, liberty and property of its citizens or sojourners therein, and in all matters safeguard the best interest of the people, and to that end shall have power to do all things needful and necessary that are not repugnant to the Constitution and laws of the State of Georgia and of the United States. Legislative powers. SEC. 9. Be it further enacted by the authority aforesaid, That the said Mayor and Council shall meet regularly on the first Monday night in each month and at such other times as may be necessary for the transaction of business that may regularly come before them. Meetings of Mayor and Council. SEC. 10. Be it further enacted by the authority aforesaid,

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That at the first meeting of said Mayor and Council held after the passage of this Act said Councilmen shall proceed to elect from among their own number a Mayor pro tem. who shall hold office until his successor is elected and qualified and that on the first regular meeting after the annual election of Councilmen as herein provided the Council shall so proceed to elect a Mayor pro tem. who shall hold office for one year, or until his successor is elected and qualified; and at the same time and in the same manner the Council shall elect from among their own number a clerk and treasurer. They shall also elect a town marshal at the same time and under the same regulations. Each of said last named officers shall hold office for the time provided herein for Mayor pro tem., unless sooner removed for cause by the Council. Mayor pro tem. Other officers. SEC. 11. Be it further enacted by the authority aforesaid, That the Mayor of said town, and in his absence the Mayor pro tem., shall be the chief executive officer of said town. It shall be his duty to preside at all meetings of the town Council, to vote in all elections of officers elected by the Mayor and Council, and to give the deciding vote in all other matters in case of a tie vote. It shall be his duty to see that all the ordinances, by-laws, rules, regulations and orders of the Mayor, or of the Mayor and Council are fully executed and he shall have control of the marshal of said town and his deputies, and he may appoint special police whenever he may deem it necessary. It shall be his special duty to see that the peace and good order of said town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. It shall be his duty to audit and approve all proper claims for work done on, or for material furnished

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for the streets, or other property of the said town, and to draw his warrant on the treasurer of said town for the amount so approved by him. He shall have the power to issue executions for all fines, penalties and costs imposed by him and issue warrants for the arrest of all disorderly persons, or those guilty of disorderly conduct in said town and in default of immediate payment of all fines, penalties and costs imposed he may imprison the offender. It shall be his duty to hold the Mayor's Court as often as may be necessary for the trial of offenders against the ordinances of said town and for the exercise of such further jurisdiction as is given him by this Act. The fine imposed by said Mayor, or Mayor pro tem., shall in no case exceed the sum of $100.00 and the imprisonment shall be in the calaboose of said town, or in such other places for safe keeping as he may designate and shall be for not longer than sixty days; or he may in lieu of imprisonment sentence such offender to work upon the streets of said town for a period not to exceed sixty days from the date of such sentence, or to date when the same is finally put into execution. It shall be his duty to appoint all committees which the Council may deem necessary, both standing and special, selecting them from among the members of the Council and such number as the Council may deem necessary. Mayor's duties and powers. Mayor's Court. Fines and imprisonment. SEC. 12. Be it further enacted by the authority aforesaid, That when said Mayor or Mayor pro tem. holds a Court in the town of Howell to try offenders against the ordinances of the town he shall have the power to sit as a Justice of the Peace and shall have the right and authority to commit to the jail of Echols County, or admit to bail; provided, the offense be bailable for any violation of the State law, and the jailer of Echols County shall be authorized to receive all such persons so committed and delivered

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by said authorities to him the same as other prisoners committed to him. Commitments. Appearance bonds. SEC. 13. Be it further enacted by the authority aforesaid, That the Mayor pro tem., in the absence or disqualification of the Mayor, shall discharge all the duties of the Mayor. He shall take the same oath as taken by the Mayor before entering upon the discharge of his duties, and shall receive the same compensation as the Mayor when acting in his place. Duties of Mayor pro tem. SEC. 14. Be it further enacted by the authority aforesaid, That the office of clerk and treasurer shall be held by one and the same person, who shall qualify and give the required bond when required to do so by the Council, or the office may be declared vacant by said Council. Before entering upon his duties as such officer he shall take and subscribe before the Mayor the following oath: I do solemnly swear that I will faithfully perform the duties of clerk and treasurer of the town of Howell. So help me God. He shall give a good and sufficient bond to be approved by the Council in the sum of $100.00 conditioned for the faithful performance of his duties as clerk and treasurer of said town, if so required by said Council. Clerk and treasurer. Bond. Oath. SEC. 15. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk and treasurer to attend all meetings of the Council and to record all proceedings of same in a book furnished by the town and kept for that purpose. He shall issue all processes, subp[oelig]nas and other papers which may be necessary for the enforcement of the ordinances of said town, unless at some time he be absent from town, or otherwise inaccessible, in which instance the marshal may issue such papers. He

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shall receipt for all moneys collected by, or turned over to him. He shall attend all meetings of the Mayor's Court and keep a record of the proceedings therein a book furnished by the town for that purpose. He shall promptly obey all summonses from any committee that may be appointed by the Mayor for any purpose pertaining to his office. Duties of clerk and treasurer. SEC. 16. Be it further enacted by the authority aforesaid, That the marshal shall qualify and give good bond as hereinafter required when called upon so to do by the Council, or in default thereof the Council may declare the office vacant. Before entering upon the discharge of his duties, or the assumption thereof he shall take and subscribe before the Mayor the following oath: I do solemnly swear that I will faithfully and impartially perform the duties as marshal of the town of Howell and will account and pay to the treasurer all moneys of the town that may come into my hands as such marshal. So help me God. He shall give a good and sufficient bond in the sum of $100.00 to be approved by the Council and payable to the Mayor and Council of the town of Howell and their successors in office conditioned for the faithful performance of his duties as marshal when so required by said Council and to make the proper application of all funds that may come into his hands as such marshal. Marshal. Bond. Oath. SEC. 17. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal to preserve order and suppress all disorderly conduct in said town, to arrest all persons guilty of violating any of the ordinances of said town and confine such persons in the county jail, or the town calaboose until they can be brought before the Mayor and tried, unless bond with good security approved

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by him be given for their appearance before said Court. It shall be his duties to serve all warrants, execute all processes and serve all subp[oelig]nas and other papers, which may be necessary for the enforcement of the ordinances of the town, when placed in his hands by the clerk, Mayor or Councilmen and to arrest and bring before the Mayor at any time any person or persons that he may see violating the town ordinances with or without process or warrant. It shall be his duty to collect all taxes due the town, giving his receipt for the same, which shall be a sufficient license for all persons doing business under a special tax. It shall be his duty to collect all fines and costs, which may be imposed by the Mayor. Upon receiving any money belonging to the town he shall turn it over to the treasurer at the first opportunity and take the treasurer's receipt thereof. He may take and approve all appearance bonds, which the town is empowered to exact from persons charged with town offenses. He is hereby vested with such power as is necessary to enable him to perform all his duties under the ordinances of said town and to this end he may enter houses and enclosures, if necessary. He shall wear a badge indicative of his office. He shall superintend all work on the streets of said town, and see that they are kept in condition satisfactory to the Council. Duties and power of marshal. SEC. 18. Be it further enacted by the authority aforesaid, That the Mayor shall receive fifty cents for each case tried by him to be paid out of the town treasury, that no other expenses, except those especially provided for shall be paid or incurred against the town, except by order of the town Council, who are hereby empowered to provide for the incurring and payment of contingent expenses. Mayor's fees. Other expenses. SEC. 19. Be it further enacted by the authority aforesaid, That the clerk and treasurer shall receive the following

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fees and no others, to-wit: For attendance upon each meeting of the Council and recording the proceedings thereof ten cents for every hundred words recorded by him; for attending each trial in the Mayor's Court and recording the proceedings of the same, fifty cents; for issuing execution, twenty-five cents each; for issuing subp[oelig]nas, ten cents each. Fees of clerk and treasurer. SEC. 20. Be it further enacted by the authority aforesaid, That the streets of the town shall be under the general supervision of the marshal, who shall work under and by the direction of the Council. The Council shall direct the working of the streets, the laying out and opening of the same, and all other matters needful for the improvement of the town. Street work, supervision of. SEC. 21. Be it further enacted by the authority aforesaid, That every male person subject to road duty by reason of age qualification who shall have resided within the town ten days next preceding the time at which he shall be liable to street duty, except the Mayor and Councilmen, who are hereby exempted, shall be subject to street tax, or duty. Every person so subject to street tax duty shall be summoned to work the streets as often as may be necessary, not to exceed ten days in any one year; provided, that any person liable to street duty may relieve himself therefrom by the payment of a commutation tax, which shall be two dollars per year, payable quarterly at the first of each quarter. All summons to work the streets shall contain the same notice and other requirements as summons to work the roads under the State laws. Street duty. Commutation tax. SEC. 22. Be it further enacted by the authority aforesaid, That all contingent expenses for working, laying out, opening or improving the streets, and not otherwise proceedings

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for, shall be paid out of the general funds of the town arising from taxation, or otherwise, by direction of the Council. Contingent expenses for working streets, how paid. SEC. 23. Be it further enacted by the authority aforesaid, That each person, firm or company owning or having control of either in their own rights, or in any other capacity any real or personal property in the town of Howell shall pay a tax thereon at the full market value thereof and the said tax shall be not less than two mills, nor more than four mills on the dollar. This said tax shall be levied and collected for the working of the streets and sidewalks of said town and for any other purpose deemed necessary by said Mayor and Councilmen of said town. Said tax shall be levied and collected as the State and county taxes are levied and collected and under the same rules and regulations in each and every year. And all such persons shall by themselves or agents on or before the 10th day of April in each year make return under oath to the clerk of all such taxable property owned or controlled by them as aforesaid at its true and full market value at that time. And they shall pay tax thereon by the first day of November thereafter to the marshal of said town. All persons, firms or companies failing to make tax returns as aforesaid shall be liable to pay double tax to be assessed by the Mayor and Council according to the best estimate they may be able to make of the taxable property of such defaulter, and the clerk shall issue a tax execution against such defaulters and his property, which shall be directed to and levied by the marshal on said property, and he shall sell the same at public outcry before the Mayor's office in said town, or before the court house door in Statenville after advertising the same as Sheriffs' sale are advertised, if real estate and if personal property, by posting the

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advertisement in the different public places in the town of Howell for ten days before the sale. The provisions of this Section shall also apply to persons who make incomplete returns of their property, or return the same at less than true value. The provisions of this Section shall also apply to the issuing of execution, levy and advertising for the collection of taxes when the property is returned and the tax is not paid within the time required. All the provisions of this Section shall also apply to the collection of special taxes hereinafter provided for. Ad valorem tax. Tax returns. Defaulters double taxed. SEC. 24. Be it further enacted by the authority aforesaid, That each and every person or firm, or company engaged in, or who shall engage in, either of the business occupations herein enumerated, shall pay the following named special tax for the privilege of carrying on such business in said town. Said special tax to be paid annually in advance as follows, to-wit: For each general mercantile business, $3.00; for each drug store, $3.00; for each blacksmith shop, $2.00; for each livery and feed stable, $5.00; for each hotel and boarding house, $2.00; for each restaurant, $2.00; for each person selling fish, $2.00; for each stallion or jack stood in the town, $5.00; for each grist mill, $2.00; for each ginnery, $2.00; for each millinery store, $2.00; for each gunsmith, $2.00; for each jeweler, $2.00; for each artist, $2.00; for each tuurpentine still, $2.00; for selling soda water, coca-cola, gingerale, ice and cold drinks, either one or all, $2.00; for each saw mill, $2.00; for each shingle mill, $2.00; for each one selling patent medicines, $2.00; for each one traveling horse trader, per day, $1.00. Special tax. SEC. 25. Be it further enacted by the authority aforesaid, That each of the following named itinerants shall

Page 1008

pay a license tax for the privilege of plying their vocation in said town. Said tax to be paid in advance as follows, to-wit: For each circus or menagerie, $5.00; for each and every other show, or exhibition for gain, $1.00; for each foot peddler, per day, $2.00; for each wagon peddler, per day, $5.00; for each sewing machine agent, per day, $5.00; for each lightning rod agent, per day, $5.00; for each patent medicine vendor, per day, $5.00; for each flying jenny, per day, $1.00. License tax. SEC. 26. Be it further enacted by the authority aforesaid, That any thing within the corporate limits of said town that works hurt, inconvenience or danger to others, or tends to the immediate annoyance of the citizens in general, or is manifestly injurious to the health, or safety of any of the citizens, or tends to corrupt the morals of the people is hereby declared to be a nuisance and may be abated in the following manner, to-wit: Upon complaint being made by any of the citizens of the existence of any nuisance the Mayor shall cause the clerk to issue a notice to the person or persons alleged to be maintaining or keeping up the same, or the owner of the premises whereon the same exists, two days notice to abate the same, or show cause before the Mayor and Council why the same should not be abated. After hearing the testimony in the case, if the matter or thing should be adjudged to be a nuisance the Mayor and Council may order the marshal to abate it forthwith, and the clerk shall issue an execution against such person, or persons, or the owner of the premises for the amount expended in abating the same. Nuisances, and abatement of. SEC. 27. Be it further enacted by the authority aforesaid, That the following named offenses are prohibited within the incorporate limits of the town of Howell, and

Page 1009

for conviction thereof the following punishment shall be imposed in each case as follows, to-wit: Offenses, enumeration of and punishment. For being drunk and disorderly in said town limits, or on the streets in said incorporate limits, a fine of not less than $1.00 nor more than $5.00 and cost of Court, or be imprisoned in the county jail, or town calaboose, or caused to work on the streets of said town not less than one nor more than ten days, said time or amount to be left in the discretion of the Mayor. Drunk and disorderly. For using vulgar or profane language, boisterously or in the presence of ladies, a fine of not less than $1.00 nor more than $10.00, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of said town not less than one, nor more than twenty days. Vulgar or profane language. For fighting or using profane language, or doing any act tending to cause a breach of the peace, a fine of not less than one nor more than twenty dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of the town not less than one, nor more than twenty days. Fighting or using profane language. For discharging fire arms of any kind within the town limits, unless it be a case of emergency, a fine of not less than one, nor more than twenty dollars, or imprisonment in the county jail, or town calaboose, or cause to work on the streets of the town not less than one, nor more than twenty days. Discharging firearms. For disturbing in any manner religious exercises, or those assembled for divine worship, a fine of not less than five, nor more than twenty dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of the town not less than five, nor more than thirty days. Disturbing Divine worship.

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For malicious mischief, or any wanton act injuring the property of the town, or of an individual, a fine of not less than one, nor more than twenty dollars, or imprisonment in the county jail, or in the town calaboose, or caused to work on the streets of the town not less than one, nor more than twenty days. Malicious mischief. For any act of public indecency, a fine of not less than one, nor more than twenty dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of the town not less than one, nor more than twenty days. Public indecency. For keeping a bawdy house or houses of ill fame, a fine of not less than one, nor more than twenty dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of the town not less than one, nor more than twenty days. Houses of ill fame. For resisting the marshal while attempting an arrest, rescuing or attempting to rescue any person in the custody of the marshal, or aiding another to escape from the custody of the marshal, a fine of not less than five, nor more than twenty-five dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of the town not less than five, nor more than twenty-five days. Resisting arrest. For refusing to assist the marshal, a Councilman, or the Mayor in making an arrest, or in suppressing disorderly conduct when called upon by them so to do, a fine of not less than one, nor more than five dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of the town not less than one nor more than ten days. Refusing assistance to officers when called. For refusing to work on the streets of the town when legally required so to do, or to pay in lieu thereof the commutation

Page 1011

tax when called on by the marshal so to do, a fine of not less than one, nor more than twenty dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of said town not less than five, nor more than twenty days. Refusing to work on streets. For betting at cards, or other games of chance for money or anything of value a fine of not less than one, nor more than thirty dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of the said town not less than one, nor more than thirty days. Betting. For carrying concealed weapons or weapon, a fine of not less than five, nor more than thirty dollars, or imprisonment in the town calaboose, or county jail, or caused to work on the streets of said town not less than five, nor more than thirty days. Concealed weapons. For shooting sling-shots, a fine of not more than one, nor more than five dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of said town not less than one, nor more than ten days. Shooting sling-shots. For permitting a horse or mule to run at large within the town limits, a fine of not less than one, nor more than five dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of said town not less than one, nor more than ten days. Permitting horse or mule to run at large. For engaging in any business in the town for which a license tax is required before paying the tax as required, a fine of not less than one, nor more than thirty dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of said town not less than one, nor more than thirty days. Doing business without license. For keeping up or maintaining a nuisance, or permitting

Page 1012

the same to remain on one's premises after having been notified to abate the same, a fine of not less than five, nor more than fifty dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of the town not less than five, nor more than thirty days. Maintaining a nuisance. For selling liquor, whiskey, jamaica ginger, near beer or any other intoxicating liquor, or bitters of any kind, a fine of not less than five, nor more than fifty dollars, or imprisonment in the county jail, or town calaboose, or caused to work on the streets of said town not less than five, nor more than fifty days. Selling liquor, etc. SEC. 28. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power to pass ordinances and regulations for the prevention of idleness and loitering within the corporate limits of said town and to prescribe penalties for violations thereof. Idleness and loitering. SEC. 29. Be it further enacted by the authority aforesaid, That the Mayor and Council shall build, erect and maintain a guard house, or calaboose, for their use in the confinement of offenders and to be used in any and all ways necessary to carry out the provisions of this Act. Prison. SEC. 30. 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 offices for Mayor and Council, which shall be filled by an election ordered by the Mayor and Council for that purpose. Vacancies, how filled. SEC. 31. 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 1, 1912.

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JEFFERSON, CITY OF, CHARTER AMENDED. No. 441. An Act to amend the charter of the City of Jeffersonville, as contained in the Georgia Laws of 1909 (Acts 1909, pp. 977-1003), by striking from the third sentence of Section 35 of said Act the words one dollars and fifty cents, and by inserting in lieu thereof the words Ten dollars, so that said sentence of said Section of said Act shall read as follows: The Mayor and Council may provide for an admission fee to be collected for each child attending said school, not to exceed ten dollars per annum, from the parent or guardian of such child, 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 thirty-five on page 999 of the laws of 1909 (the same being a part of the charter of the City of Jeffersonville), be amended by striking from the third sentence of said Section of said Act the words one dollar and fifty cents, and by inserting in lieu thereof the words ten dollars, so that said sentence of said Section of said Act when amended shall read as follows: The Mayor and Council may provide for an admission fee to be collected for each child attending said school, not to exceed ten dollars per annum, from the parent or guardian of such child. Jefferson, City of, admission fees in schools. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1912.

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JEFFERSON, CITY OF, CHARTER AMENDED. No. 572. An Act to amend an Act to incorporate the City of Jefferson, approved December 12, 1899, so as to change the time of the election of certain officers of the City of Jefferson by the City Council; to authorize the tax assessors to assess personal property; to increase the powers of punishment in the Mayor's Court; to enlarge the powers of the City Council as to paving, soiling and curbing the streets and sidewalks; to create the office of city attorney; to delegate certain powers to the Mayor; to provide for a board of health, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Act to incorporate the City of Jefferson, in the County of Jackson, approved December 12, 1899, is hereby altered and amended as set forth in this amending Act, but no part of said Act of December 12, 1899, is repealed unless in conflict with this amending Act, the main purpose of this amending Act being to enlarge the powers under the charter of said City of Jefferson and to grant additional powers. Jefferson, City of, charter amendment. SEC. 2. Be it further enacted by the authority aforesaid, That the City Council shall, if in their judgment they deem it wise and proper to do so, at the first meeting of the same in December of each year, elect the police officers of the city, city attorney, clerk and treasurer, and members of the board of education, the terms of all which to begin January the first following, but on failure of said City

Page 1015

Council to elect said officers at said meeting in December, then said officer or officers shall be elected by the City Council as provided in Section 17 of the Act of 1899. All officers not enumerated in Section 2 of this amending Act shall continue to be elected as provided in said Section 17 of the Act of 1899, but all said officers who are enumerated in this amending Act and who are elected, in the discretion of said Council at said first meeting in December of each year, shall be the valid officers of said city, and whose terms shall begin January the first thereafter of each year. Election of officers by Council. SEC. 3. Be it further enacted by the authority aforesaid, That the tax assessors of said city are authorized and empowered to refuse to receive the valuation of the returns of personal property in said city when in their judgment such return does not represent a just and fair valuation of such personal property, and said tax assessors are authorized and empowered to place and assess a just, fair, and equitable valuation on all personal property within the corporate limits of said City of Jefferson, with the right of the owner to appeal to the City Council from such assessment as provided in the original charter of said city by the Act of 1899. The said tax assessor or assessors shall have the right and power to inspect peronal property for the purpose of valuation, and the City Council may provide for the punishment of any person failing to exhibit personal property for the purpose of valuation by said tax assessors. The said tax assessors shall have the right to prepare lists for tax returns and to require answers to all questions propounded, and to administer oaths, and the City Council may provide for punishment of any person failing to answer on oath the questions propounded by said assessors. Tax assessors, valuation of property. Right of appeal. Right of inspection of property by assessors.

Page 1016

SEC. 4. Be it further enacted by the authority aforesaid, That the punishment for any violation of a city law of the City of Jefferson, ordinance, or rule, or for contempt, shall be a fine not exceeding three hundred dollars, imprisonment in the guard house or county jail, by permission of the county authorities, not exceeding six months, not exceeding six months work on the street, chain-gang or other public works of the city, under the supervision of the chief of police or the marshals of the city, 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. The right of appeal, as provided in Section 21 of the Act of 1899, shall not exist exceeding six hours after the trial before the Mayor. Fines and imprisonment. SEC. 5. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the City of Jefferson shall have the power to organize and maintain a city chaingang, wherein shall be worked all persons convicted of violation of city ordinances or laws who have been sentenced to work in said chaingang. The said City Council shall have full power and authority to do any and all things necessary for the establishing, maintaining and operating said city chaingang, to prepare reasonable rules and regulations for the government of the convicts under their control in said city chaingang, which rules may be amended from time to time as occasion may require; to prescribe the powers and duties of the superintendent, guards, whipping boss, or other person or persons connected with the management of the convicts in said city chaingang, and as to the care, keeping, control, work and discipline of said convicts. Chain-gang. SEC. 6. Be it further enacted by the authority aforesaid,

Page 1017

That the City Council of the City of Jefferson shall have full power and authority to provide by ordinance for the paving, grading, soiling, curbing or otherwise improving the streets, sidewalks, lanes and alleys in the City of Jefferson, and to assess the property owners abutting on such streets, sidewalks, lanes and alleys, for the entire payment of same, or for a part of the same, in the discretion of said City Council, for such paving, grading, soiling, curbing, sanding, macadamizing, or otherwise improving the same, which assessment shall be a lien on said abutting or adjoining property and execution may issue therefor against the property, or against the owner, or against both. The said work may be done by the city by hiring hands and street chaingang and furnishing material, or by letting it out on contract, but if the work is done by the city, only actual costs shall be charged. The material to be used, the kind and character of the improvement, the amount of work to be done in such improvement, and what streets, sidewalks, lanes, and alleys, or parts of same shall be so improved, and what pro rata part or all shall be charged to abutting land owners, and all similar questions connected with such improvement shall be within the discretion of the City Council. All persons shall be considered abutting property owners whose property adjoins the sidewalks, streets, or alleys so improved, whether the actual improvement actually touches such property or not. Execution against abutting property owners may issue as provided in the said Act of 1899 for the issuing of executions. Each property owner shall only be required to pay pro rata according to the frontage of his property and if any of the same is to be paid by the city, it shall be paid out of the city treasury. Street improvements. Assessments. Lien of assessments. Abutting property owners. SEC. 7. Be it further enacted by the authority aforesaid, That the Mayor of the City of Jefferson shall have

Page 1018

the right and power to suspend any police officer of the City of Jefferson for improper conduct, insubordination, or failure in the performance of duty, and said Mayor shall make a report of such suspension, in writing, to the City Council at its next meeting thereafter, and his reasons for such suspension, and the said City Council, in their discretion, shall review the action of the Mayor, sustain the same, revoke it, remove said officer from his office, or take such other action regarding the same as in their judgment they may deem proper, and for this purpose may hear testimony, and the action of said City Council shall be final and no appeal shall be taken therefrom. Suspension of police officers. SEC. 8. Be it further enacted by the authority aforesaid, That said City Council, in their discretion, may create the office of city attorney, fix his term of office and salary, and prescribe his duties. City attorney. SEC. 9. Be it further enacted by the authority aforesaid, That said City Council, in their discretion, by action entered on their minutes, revokable at their pleasure, may delegate to the Mayor the authority to fix special license taxes not covered by the license tax ordinance, or to fix an amount for a shorter period than that prescribed by the special tax ordinance, to revoke licenses and such other powers as they may see proper. Special license taxes. SEC. 10. Be it further enacted by the authority aforesaid, That all rights and powers given or granted to municipal corporations under the Code or laws of the State, not in conflict with the special laws for said City of Jefferson, are hereby granted to the City of Jefferson as fully and completely as if specially referred to herein. General powers.

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SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. JEFFERSON, CITY OF, PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 354. An Act to establish a system of public schools in the City of Jefferson, Georgia; to provide for the carrying on, management, control and support of the same; to provide for a board of education and other officers of said school system and prescribe their powers and duties, and for other purposes; to provide for bonds and voting in thereof, for the purchase or lease of property in which to carry on the school system, after submitting the same to the qualified voters of the City of Jefferson and the same is ratified by a two-thirds vote thereof. 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, there may be established in the City of Jefferson, in this State, a system of public schools, to be established, conducted, maintained, supported and controlled in the manner provided in this Act. Jefferson, City of, public school system. SEC. 2. Be it further enacted, That after the ratification of this Act, as hereinafter provided, the Mayor and

Page 1020

Council of the said City of Jefferson shall elect four members of the board of education of said public school system, who shall hold office until the regular election of the police and other city officers by said Mayor and Council in the succeeding calendar year. After said first regular meeting for the election of the police and other officers of said city as elected by the Mayor and Council at the time as now or may hereafter be fixed by the charter of said City of Jefferson, the said Mayor and Council shall elect two members of said board whose terms of office shall be for one year, and two members of said board whose terms of office shall be for two years, and until their successors are elected and qualified, and in like manner the said Mayor and Council shall annually thereafter elect two members of said board to fill the vacancies occurring by the expiration of terms. All vacancies otherwise occurring in said board shall be filled immediately by said Mayor and Council and such members shall hold for the balance of the unexpired term. In addition to the four members of said board so elected the Mayor of the City of Jefferson shall be ex-officio chairman of the board of education and he, with the other four members elected by the Mayor and Council, shall constitute the board of education of the City of Jefferson, with the right in them and their successors to take and hold in trust for the said City of Jefferson any grant or devise of land or donation or bequest of money or other property made to it for educational purposes with the right to sue and be sued; that they have the right to purchase suitable lot or lots for school building and to erect thereon a school building or buildings and that they have the further right and power if they see fit to rent, lease or take over for a term of ten years, with the privilege of renewal, from any person or corporation, school dormitory and other buildings, equipment and furnishings and

Page 1021

grounds for school purposes; to liquidate certain debts in consideration of such lease, and to construct other buildings on said leased premises, to provide for remodeling, enlarging, heating, repairing, improving, furnishings and otherwise preparing and keeping such leased premises in condition, to successfully carry on a modern school system. The said board of education are authorized and empowered to establish and maintain a high school on said leased premises, to conduct dormitories, to put buildings thereon by donations from others, to make contracts and to do any and every other thing that may be necessary or proper for the conduct and carrying on of said public and high school system in the City of Jefferson. The qualifications for members of the board of education shall be the same as prescribed in the charter for Mayor and Councilmen of said city. Board of Education, appointment and election of. Vacancies, how filled. Mayor, ex-officio chairman. Powers of Board. SEC. 3. Be it further enacted, That before the entering upon the discharge of the duties of said office each member of said board shall take and subscribe the following oath: I, (A. B.) do solemnly swear that I will faithfully discharge the duties devolving upon me as a member of the board of education of the City of Jefferson, to the best of my skill and ability and in accordance with what shall to me appear for the best interest of the community and the cause of education, and without fear, favor, affection, reward or the hope thereof. So help me, God. A majority of said board shall constitute a quorum for the transaction of business. Oath of members. Quorum. SEC. 4. Be it further enacted, That the Mayor, being ex-officio chairman of said board, shall at the first meeting after the election of new members as herein provided, cause said board to be organized for the ensuing year by

Page 1022

electing a chairman pro tempore, to act in the absence or disqualification of the chairman, and also by electing some competent person as secretary, each of said officers to be elected by ballot or acclamation of said board, as they see proper. The former to be an officer of said board, but the secretary and treasurer may be some citizen of said town who is an earnest advocate of public schools and in the opinion of the board otherwise qualified to perform the duties of the office. The members of said board of education shall receive no compensation for their services as such. Chairman pro tempore. Secretary. SEC. 5. Be it further enacted, That it shall be the duty of the secretary and treasurer to keep a record of all the official acts and doings of the board of education, which record shall at all times be kept open to inspection of any tax payer of the said City of Jefferson. He shall also give bond in sufficient amount with good security to be adjudged of by the board payable to the Board of Education of the City of Jefferson for the faithful discharge of his duties, and the safe keeping and proper disbursement of all money which may come into his care by reason of his said trust. He shall receive all public school money from the proper authorities, receive and receipt for all incidental fees, and all other moneys he may be entitled to receive, and keep a record of all moneys so received and paid out by him and take proper vouchers for all disbursements, but shall pay out no funds except by order of the board entered upon the minutes. He shall receive such compensation for his services as may be fixed by said board which said board as hereby authorized to contract for and pay out of the public school funds. Duties of Secretary and Treasurer. Bond. SEC. 6. Be it further enacted, That said board of education shall elect a superintendent and teachers and other

Page 1023

officers for the public school of Jefferson, fix their salaries, contract with them as such and pay the same out of the moneys coming into their hands; and shall have the right and authority to suspend or remove said superintendent or teacher whenever in their discretion they deem it best to do so, and shall suspend or expel any pupil from attendance, when in the opinion of a majority of the board it shall be for the interest of the school, and their action in so doing shall be final and conclusive. Said board shall also be empowered and it shall be their duty to borrow money for the support and maintenance of said school, when necessary, and repay the same with legal interest from the funds coming into their hands, and they shall at all times supervise, regulate and make efficient said school system, fixing the length of the term and the time opening and closing of the same, prescribe the curriculum, the textbooks and books of reference to be used therein and shall do any and all such other acts, not inconsistent with the laws of this State, as may promote the system of education. Power and duties of Board of Education. SEC. 7. Be it further enacted, That said board of education shall annually make to the Mayor and Council of said city a written report of all moneys received and disbursed by them and shall accompany said report with a full itemized statement, accompanied with vouchers for all money disbursed, and the same shall be published by the Mayor and Council and paid out of the city treasury. Annual reports. SEC. 8. Be it further enacted, That it shall be the duty of the board of education to establish such grammar schools and high schools as may be necessary for the education of the children attending said schools, and the tuition in same shall be free to all children within school age, residing within the City of Jefferson; providing, however, the board

Page 1024

may in its discretion, require each pupil entering any of said schools to pay reasonable matriculation fee to be paid upon entrance or in such installments as the board may direct. This fee is not applicable to a child entering said schools solely on the common school fund. Children of non-residents may be admitted to such school upon such terms as may be prescribed by the board. The said board of education are authorized and empowered, under such contract as they may make with Martin Institute, to conduct and maintain the institution known as Martin Institute, located in the City of Jefferson, and to graduate pupils from said institution and on recommendation of said board of education, to have the trustees of Martin Institute to confer degrees on such pupils. Grammar schools and high schools. Matriculation fees. Non-residents. Martin Institute. SEC. 9. Be it further enacted, That it shall be lawful for the County School Commissioner of Jackson County or other counties of the State to make contract with the said board of education of said city to teach pupils of school age residing in their respective counties and outside the corporate limits of the City of Jefferson, and to pay said board out of that portion of the common school fund of the State belonging to their respective counties, in like manner and under the same provisions as teachers in the common schools of their respective counties are paid; provided, however, that in case the rate of tuition for nonresident children, as fixed by said board, is higher than the public school rate, authorized to be paid by the County School Commissioner, then said board of education shall have the right to charge, contract with and collect said difference from the parent or guardian of said non-resident pupils. Contracts, common school funds, etc. SEC. 10. Be it further enacted, That the board of education of the City of Jefferson shall prepare and take

Page 1025

a census, annually, after the passage and ratification of this Act, of all the children residing in said City of Jefferson, who are, under the law, entitled to participate in the State public school fund, and furnish a report of the result of said census to the State School Commissioner on or before the first day of September of each year. School census. SEC. 11. Be it further enacted, That from receipt of the foregoing report of the result of said census the State School Commissioner shall apportion said City of Jefferson its pro rata share of the State school fund based upon the result of said annual census, and pay over such pro rata share of the State school fund to the secretary and treasurer of the board of education of the City of Jefferson. Apportionment of school fund. SEC. 12. Be it further enacted, That the State school fund shall be supplemented by an advalorem tax levied by the Mayor and Council of the City of Jefferson, as follows: The board of education shall by the first of September of each year make an estimate of the amount necessary to be raised that year for the additional support of public schools in said city and place this estimate before the Mayor and Council of said city and when the same is approved by said Mayor and Council it shall be their duty when making the annual tax levy for the current expenses of said city to levy a school tax along with the other city taxes upon all taxable property within the corporate limits of the City of Jefferson and the said Mayor and Council are hereby authorized and required to levy said school tax and collect, or have the same collected by the city officers, along with the other advalorem taxes of said city in the same manner as other city taxes are levied and collected; provided, however, that said Mayor and Council shall have no authority to levy and collect more than three-fourths

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of one per cent. of the value of all the taxable property within said city for school purposes. School tax. SEC. 13. Be it further enacted, That provisions shall be made by the board of education for the education of both white and colored children within said city, but that separate schools shall be provided for separate races. Separate schools for white and colored races. SEC. 14. Be it further enacted, That before this Act shall become operative it shall be submitted to the qualified voters of the City of Jefferson, for which purpose the Mayor and Council thereof shall order an election of which thirty days' notice shall be given in any paper published in said city or Jackson County, which said election shall be held under the same rules and regulations as are required for Mayor and Council of said city and the qualifications for voters shall be the same. Those voting in said election in favor of public schools shall have written or printed on their ballot For Public Schools, and those opposed shall have written or printed on their ballots Against Public Schools. The managers of said election shall make return to the Mayor and Council of said city of, who, shall open said returns and declare the result of said election at the first regular meeting thereafter, and if a two-thirds of those voting in said election shall vote for public schools, then this Act shall take effect immediately, otherwise, not. Should this Act fail of adoption, however, at said first or any other subsequent election held for this purpose, the Mayor and Council may, in their discretion, submit the same to another election under the same rules and regulation as are herein prescribed for the first election after the elapse of one year from any election when the same shall have been previously defeated, and if at any subsequent election the same should be adopted by the two-thirds vote it shall then become effective. Election for ratification of this Act.

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SEC. 15. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have power and authority to issue bonds of said city not to exceed twenty thousand dollars, or so much thereof as may be, in their judgment, necessary, for the purchase of suitable lot for school buildings and erecting thereon a school building thoroughly equipped for school purposes, or for building, enlarging, remodeling or repairing, heating or repairing, or leased premises and for liquidation of debts in consideration of a lease for a term of years, of land and buildings for school purposes. Said bonds may be issued of such denominations, and with such rate of interest, not exceeding six per cent. per annum, as the Mayor and Council may determine upon. They shall run for a term not to exceed thirty years, and said Mayor and Council may provide for the maturing of said bonds at any time during said thirty years, and the said Mayor and Councilmen shall designate when the interest on said bonds shall become due and payable. Said bonds, when issued, shall be sold for not less than par and their proceeds turned over to the board of education of said city, to be used by said board for the purposes of paying off certain debts in consideration of a lease for a term of years of certain buildings and grounds for school purposes and for erecting thereon certain buildings, remodeling, heating, and furnishing and enlarging such buildings as may be already on said premises. Bonds for school purposes. SEC. 16. Be it further enacted by the authority aforesaid, That before said bonds shall be issued it shall be recommended by said city board of education, and the question of their issuance shall be submitted to the legally qualified voters of said city. For this purpose the Mayor and Council, upon the recommendation of the city board of education, shall order an election of which at least thirty

Page 1028

days' notice shall be given by publication of such notice in the newspaper, any newspaper in the city or the county, and posted in at least three places in said city. Said election shall be held and governed by the same rules and regulations as elections for Mayor and Councilmen, and the qualifications of voters shall be the same. Each voter shall have written or printed on his ballot the words For Bonds or Against Bonds, and if two-thirds of the qualified voters of said city shall vote for bonds, it shall be the duty of the Mayor and Councilmen to issue same, and in event the said bond election shall not carry, it shall be the duty of said Mayor and Councilmen upon the recommendation of said city board of education to order another election; provided, said election shall not be held oftener than twelve months. Election for bonds. SEC. 17. Be it further enacted by the authority aforesaid, That at or before the time of issuing any of said bonds, the Mayor and Councilmen of the City of Jefferson shall provide for the levy and collection of an annual tax, if necessary, in addition to all other taxes authorized by law, and of sufficient amount to pay promptly the principal and interest of said bonded debt, nor shall any part of said funds so raised be used for any other purpose. Interest on bonded debt and sinking fund, tax for. SEC. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 30, 1912.

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KIRKWOOD, TOWN OF, CHARTER AMENDED. No. 564. An Act to amend an Act approved August 15, 1910, entitled 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 water works and sewers; to repeal all conflicting laws, and to supersede all prior Acts or orders of incorporation or amendment, and for other purposes, so that said Act, when amended, shall empower said town to build, buy, or otherwise acquire such plant as it may deem necessary for the manufacture or distribution of electric current, either for light or power, to operate the same and to make all needful regulations touching said operation, and the collection of charges for current, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 15, 1910, entitled 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 water works and sewers; to repeal all conflicting laws, and to supersede all prior Acts or orders of incorporation or amendment, and for other purposes, be and the same is hereby amended by adding a new and supplementary Section

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to said Act, as follows: Section 69. Be it further enacted by the authority aforesaid, That the town of Kirkwood, Georgia, shall have the right, power and authority to build, purchase, contract for or otherwise acquire and maintain such electric plant or system as, to the Mayor and Council of said town, may be considered necessary and proper for the manufacture or distribution of electric current for the use of said town and of private parties within the limits of said town, either for light, heat or power; to operate said manufacturing or distribution plant or system and to buy and sell electric current, collect charges for said current or service, and to make all needful regulations touching said operation, and the collection of charges for said electric current and services for light, heat and power, and for other purposes. Kirkwood, town of, electric lighting system. 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 19, 1912. LAFAYETTE, CITY OF, CHARTER AMENDED. No. 458. An Act to amend an Act creating the city charter of LaFayette, and 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 from and after the passage of

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this Act, the Act of 1903, creating the city charter and the Act of 1909 amendatory thereof, be amended as follows: SEC. 2. Be it further enacted, That Section 11 of the Acts of 1903 be amended by adding the following proviso at the end of Section 11; provided, this Section shall not apply to city marshal or other officer who shall be elected, or appointed by the City Council, at the first meeting in January, or as soon thereafter as practicable, who shall elect, and fix salaries, or per diem of such elected or appointed officers; be it further provided, should the office of marshal or other such police office become vacant by reason of death, resignation or removal, said office shall be declared vacant, and such removed officer, if paid annual salary, shall not be paid more than the pro rata part thereof, and said Council may proceed to fill such vacancy at such time as they deem best. When said Section is so amended will read as follows: Section 11. Be it further enacted, That the salaries of all officers of the City of LaFayette shall be fixed by the Mayor and Council at the last regular meeting in December for the ensuing year, which salaries shall not be diminished during the term of such officers; Provided, however, this Section shall not apply to city marshal or other officer who shall be elected or appointed by the City Council at the first meeting in January of each year, or as soon thereafter as practicable, and shall also fix salaries or per diem of said elected or appointed officers. Be it further provided, should the office of marshal or other such office become vacant by reason of death, resignation or removal, said office shall be declared vacant, if such removed officer be paid annual salary shall not be paid more, than the pro rata part thereof. Said Council may proceed to fill such vacancy at such time and manner as they deem best. La Fayette, City of, salaries of officers. Marshal or other officer, and their salaries.

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SEC. 3. Be it further enacted by the authority aforesaid, and is hereby enacted by the authority of the same, That from and after the passage of this Act that Section 3 of the Acts approved August 16, 1909, be, and the same is hereby amended by striking out in third line of said Section the words a city marshal. Also by striking in 13th line to words a city marshal. Also by striking out the words in the 59th line the city marshal. So when said Section is amended it will read as follows: Section 3. Be it further enacted, That on the first Tuesday in January, 1904, there shall be held in said city an election for Mayor, five Aldermen, and a recorder, who shall hold their offices for one year, or until their successors are elected and qualified. All subsequent elections shall be held upon the first Tuesday in December of each year. At said first election all persons residing within the corporate limits aforesaid for six months, who would be entitled to vote for members of the General Assembly, shall be qualified electors. After said first election there shall be held annually on the first Tuesday in December an election for Mayor, five Aldermen, and a recorder. At such subsequent election, all persons who shall have been bona fide residents of said city for six months before the day of election, who before registering as hereinafter required, have paid all taxes of every description, legally imposed and demanded by authority of the city, who shall have been duly registered as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Such election shall be conducted under the management of a Justice of the Peace and two freeholders, who are electors of said city, and not candidates in said election, or in the absence of a Justice of the Peace, any three freeholders, electors of said city, not candidates in said election, may manage the same. Said managers shall

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conduct elections as near as practicable as elections for members of the General Assembly are conducted. The polls at such election shall be opened at 8 A. M. and close at 4 P. M. After the first election under this charter, the Mayor and City Council may appoint any three freeholders or any two freeholders and a Justice of the Peace, who are electors of said city, to conduct such election. The managers shall each before proceeding with the election take and subscribe to 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 unless we believe that he is justly entitled to do so according to the charter of this city, nor knowingly prohibit any one from voting who is entitled, and we will not knowingly divulge for whom any vote was cast, unless called upon to do so under the law, so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oaths shall be made and subscribed before some officer authorized to administer the oath, if any such be present, and if no such officer be present, said oath may be made and subscribed by each manager in the presence of others. The managers acting at first election under this charter, shall issue a certificate of the election to each of the persons elected, which shall be recorded on the records of the city. Said certificate shall be sufficient authority to the person elected to enter upon the discharge of the official duties after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected Mayor, each of the Aldermen, and the recorder, a like certificate, and shall also certify to the result of the election to the acting Council, which last certificate shall be entered upon the

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records of said Mayor and Council. Said managers shall also furnish to the City Council one of the tally sheets of said election, certified by them as correct. Election of officers. Qualified voters. Elections, how held. Certificates of election. SEC. 4. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. LAGRANGE, CITY OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 333. An Act to amend an Act establishing a system of public schools in the City of LaGrange, Ga., providing for the maintenance and support of same, etc., approved December 17th, 1901, by striking out from Section 10 of said Act the words twenty-five thousand dollars and inserting in lieu thereof the words seventy-five thousand dollars, and by adding at the end of said Section the following words: The Mayor and Council of said city shall have power and authority to call elections under the provisions of this Act from time to time for the purpose of issuing any part of the amount of bonds herein provided for until the full amount of bonds provided for by this Act shall have been issued. 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 establishing a system of public

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schools in the City of LaGrange, Georgia, providing for the maintenance and support of same, etc., approved December 17th, 1901, be and the same is hereby amended by striking from the third line of Section 10 of said Act the words twenty-five thousand dollars, and inserting in lieu thereof the words seventy-five thousand dollars, and by adding at the end of said Section the following words: The Mayor and Council of said city shall have power and authority to call elections under the provisions of this Act from time to time for the purpose of issuing any part of the bonds herein provided for until the full amount of bonds provided for by this Act shall have been issued, so that said Section when so amended shall read as follows: SEC. 2. Be it further enacted, That the Mayor and Council of said city shall have power and authority to issue bonds of said city, not to exceed seventy-five thousand dollars in amount, to be of such denomination or denominations as said Mayor and Council deem best, to run for such length of time or times, none longer than thirty years, as said Mayor and Council may think advisable, and to bear interest at a rate not exceeding five per cent. per annum, payable annually or semi-annually, as may be deemed best, the proceeds to be applied to the purchase of property to be used for school purposes and building and equipping proper school houses. Before issuing said bonds and after an election has been held, at which two-thirds of the qualified voters voted for public schools, as provided in Section 2 of this Act, said question as to the issuance of said bonds shall be submitted to the qualified voters of the City of LaGrange on a day to be designated by said Mayor and Council, notice of which shall be given by said Mayor and Council as provided in Section 377 of the Code

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of 1895, Volume 1, and the same qualifications shall apply to voters as in Section 2 of this Act. All persons voting in said election shall have written or printed on their ballots the words for school bonds or against school bonds, and if two-thirds of the qualified voters in said election shall vote for school bonds, the Mayor and Council shall issue said bonds, making provision at or before the time of so doing for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt when, and as said bonds and interest shall become due and payable. The rules and regulations governing this election shall be the same as those provided in Section 2 of this Act for the election for public schools and the provisions therein made as to managers, returns, contests, and declaring results, shall apply to this election, unless in conflict with some provisions of this Section. The provisions as to the registration shall be the same in the bond election as in Section 2 of this Act. The Mayor and Council of said city shall have power and authority to call elections under the provisions of this Act from time to time for the purpose of issuing any part of the amount of bonds herein provided for until the full amount of bonds provided for by this Act shall have been issued. School bonds, election for. Provision for assessment and collection of taxes to retire bonds. Rules governing election. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved July 29, 1912.

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LAGRANGE, CITY OF, ESTABLISHMENT OF GAS PLANT AUTHORIZED. No. 336. An Act to authorize the Mayor and Council of the City of LaGrange to purchase, establish, maintain and operate a gas plant for said city, to order and have held an election by the qualified voters of said city to determine whether or not bonds shall be issued by said city to be sold for the purpose of purchasing, establishing, maintaining, and operating a gas plant for said city, to authorize the issuing of said bonds, 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 Mayor and Council of the City of LaGrange shall have full power and authority to purchase, establish, maintain and operate a gas plant for the purpose of supplying the citizens of said city with gas and to that end shall have the authority to purchase all necessary land and equipments as may be necessary for the installation of same. LaGrange, City of, gas plant. SEC. 2. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city are hereby authorized and empowered to order and 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 in a sum not to exceed fifty thousand dollars ($50,000.00), same to be sold for the purpose of purchasing, establishing, maintaining and operating a gas plant for said city. Election for bonds.

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SEC. 3. Be it further enacted by the authority aforesaid, That if the election provided for in Section two of this Act should be against the issue of bonds, then the Mayor and Council of said city shall have authority to call elections from time to time under the provisions of this Act until said bond issue has been ratified by two-thirds of the qualified voters of said city. Subsequent calls for election. 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 29, 1912. LAGRANGE, CITY OF, WATER WORKS AUTHORIZED. No. 348. An Act to authorize the Mayor and Council of the City of LaGrange to purchase or construct a system of water works for said city, to issue bonds therefor, to order and have held an election by the qualified voters of said city, to determine whether or not bonds shall be issued by said city to be sold for the purpose of purchasing, establishing, maintaining and operating a system of water works for said City of LaGrange, to provide for the assessment and collection of an annual tax for the purpose of paying the principal and interest of said bonds, to confer upon said city full and ample power to acquire all necessary realty, water rights, easements and franchises, either by purchase or condemnation proceedings,

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to empower said city to enforce the necessary police regulations over the water basin and shed from which the water supply may be obtained, whether same may be situated within the corporate limits or not, to confer upon said city the right to lay mains, pipes and conduits along the public highway in Troupe 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 from and after the passage of this Act, the Mayor and Council of the City of LaGrange, in the County of Troupe, shall have full power and authority to purchase, establish and maintain a system of water works for said city, and to that end shall have full power and authority to acquire by purchase or condemnation all necessary lands, easements, water supplies and franchises, whether within or without the City of LaGrange. LaGrange, City of, water works system. SEC. 2. Be it further enacted by the authority aforesaid, That in the event that the said Mayor and Council of said city cannot procure by purchase the necessary land, easements, right of way, water way and franchises necessary for the construction of said system of water works, then said Mayor and Council of said city shall have the right to exercise the power of eminent domain and to condemn such land, easements, right of way, water way and franchises in accordance with the provisions of the laws of this State, whether such lands, easements, rights of way, water ways and franchises be situated within or without the City of LaGrange. Eminent domain. SEC. 3. Be it further enacted by the authority aforesaid, That the said City of LaGrange shall have the right,

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easement and franchise of laying the necessary mains, pipes, conduits and drains for water works purposes along the highways of the County of Troup without cost, and shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and water shed, from which the water supply is taken, from contamination and to protect the said water works including the mains, pipes, and conduits, whether same may be situated within the corporate limits of said city or not. Rights, easements and franchises. SEC. 4. Be it further enacted by the authority aforesaid, That the said Mayor and Council of the City of LaGrange are hereby authorized and empowered to order and 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 LaGrange in a sum not to exceed one hundred and fifty thousand dollars ($150,000.00), same to be sold for the purpose of purchasing, establishing, building and acquiring a system of water works for said city. If said election shall be in favor of bonds the Mayor and Council of said city shall be authorized to issue the bonds of said city, not to exceed in the aggregate the sum of one hundred and fifty thousand dollars ($150,000.00), bearing interest at not exceeding the rate of four and one-half per cent. per annum, payable semi-annually on January 1st and July 1st of each year at LaGrange, Ga., or at any bank in New York City. Election for bonds. SEC. 5. Be it further enacted by the authority aforesaid, That if the election provided for shall be against the issue of bonds that said Mayor and Council of said city may at any time after the expiration of six months from

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the date of the first election, order another election under the provisions of this Act. Subsequent calls for election. SEC. 6. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 29, 1912. LAKEVIEW, TOWN OF, ELECTION TO REPEAL CHARTER. No. 563. An Act to repeal an Act entitled An Act to incorporate the town of Lakeview, 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, same being found in the Acts of the Georgia Laws for 1910, on page 853 and through to page 857 inclusive. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act incorporating the town of Lakeview, in DeKalb County, in the year 1910, to be found in the Georgia Laws of said year, commencing on page 853 and extending through page 857, be, and the same is, hereby repealed. Lakeview, town of, charter repealed.

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SEC. 2. Be it further enacted by the authority aforesaid, That before this Act goes into effect that this Act be submitted to the qualified voters of said town at a special election, which shall be called by the Ordinary of said county to be held on the first day of November, 1912. Election for ratification of this Act. SEC. 3. Be it further enacted by the authority aforesaid, That the question that shall be submitted to the voters of said town in said election shall be For Repeal of charter, and Against Repeal of Charter. SEC. 4. Be it further enacted, That in the event a majority of the votes cast in said election be For Repeal of Charter, that the same be, and the same is, hereby repealed. SEC. 5. Be it further enacted, That in the event that the majority of the votes cast at said election be Against Repeal of Charter, that this Act shall not go into effect, and the said town shall continue to exist as if no Act of the General Assembly had been passed, and the charter as granted by the Acts of the General Assembly for the year of 1910 shall continue in force as though no election had been held. SEC. 6. Be it further enacted, That only registered qualified voters be allowed to vote at said election but that the registration books shall be kept open and all qualified voters be allowed to register as now provided by law. Qualified voters. SEC. 7. Be it further enacted, That nothing in this Act shall be construed as to interfere in any way with the boundaries or the operation of the present Lakeview or East End school district, or any other school district that may

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hereafter be created by the board of education of said county. School districts not affected. 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 19, 1912. LAWRENCEVILLE, CITY OF, NEW CHARTER FOR. No. 629. An Act to create a new charter for the City of Lawrenceville, Georgia; to fix the incorporate limits; to create the officers of said city; and define their duties and fix their compensation; to provide for public improvements and the proper sanitary and police regulations for said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the City of Lawrenceville, located in the County of Gwinnett, and State of Georgia, be, and they are, hereby incorporated under the name and style of the City of Lawrenceville, 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 anywise appertaining

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to said City of Lawrenceville as heretofore incorporated, shall be, and are, hereby vested in the City of Lawrenceville, created by this Act. And the said City of Lawrenceville, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its Mayor and Council, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as 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 City of Lawrenceville 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 the limits or without the limits of said city, for corporate purposes. Said City of Lawrenceville, created by this Act, is hereby made responsible as a corporate body for all legal debts, liabilities, and undertakings of said City of Lawrenceville, as heretofore incorporated. Lawrenceville, City of, new charter Powers. SEC. 2. Be it further enacted, That the government of said city shall be vested in a Mayor and four Councilmen. The present Mayor and Councilmen of said City of Lawrenceville, shall continue in office until the first day of....., and until their successors are elected and qualified; and they and their successors and associates shall have and exercise all the rights, powers, and duties hereby conferred on the Mayor and Council of said City of Lawrenceville, created by this Act. SEC. 3. Be it further enacted, That the corporate limits of said City of Lawrenceville shall extend three-fourths of a mile in an air line in every direction from the center of

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the court house, as now situated in the public square in said city. Corporate limits. SEC. 4. Be it further enacted, That on the first Monday in December next, there shall be elected a Mayor, whose term of office shall be two years, or until his successor is elected and qualified, and two Councilmen, two of whom shall be elected for a term of two years, and two for a term of two years; each of said Councilmen shall hold the office until his successor is elected and qualified. On the first Monday in December every two years thereafter, there shall be elected a Mayor, whose term of office shall be two years, or until his successor is elected and qualified, and on the first Monday in December, each year, there shall be elected two Councilmen, whose term of office shall be two years, or until their successors are elected and qualified, to fill vacancies occurring every year by expiration of terms; each officer so elected shall enter upon the duties of their office on the first day of January following said election. All of said Councilmen shall receive for their services the sum of $50.00 per year. At the first regular meeting of the Mayor and Council, after their election and qualification, they shall elect one of their number Mayor pro tem., whose term of office shall be one year. In the event the office of Mayor, or any one or more of said Council, shall become vacant, for any cause whatever, the remaining members of the Council shall fill said vacancy for the unexpired term. Election of Mayor and Councilmen. Mayor pro tem. 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, the qualified voters of said city shall be superintended and managed by a Justice of the Peace and two freeholders, who are citizens

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of said city, or by three freeholders, all of whom shall be citizens of said city, 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 court house in said city, and the voting shall be by ballot. The polls shall open at 7 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 declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the Mayor and Council, who shall pay for same by an order of the city treasurer. Elections, how held. SEC. 6. 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 ballots, in a sealed package, together with a certificate showing the result of the election, signed by said managers, and deliver them forthwith to the Mayor who, with the Council, shall open the same and declare the result, if no notice of contest has been given. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. If the result of any election held in said city is contested, notice of 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

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for an office; and if the result in any election, in which any question is submitted is contested, then said clerk shall cause notice served on the Mayor of said city and published one time in some newspaper in said city. Said Mayor shall fix the time for hearing such contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before hearing. The contestor shall pay the marshal $2.00 in advance for serving the said notice. The Mayor and Council are authorized to hear and determine the contest and the losing party shall pay all costs, for which said Mayor and Council are authorized to render judgment, and said clerk to issue execution thereon, which shall bear test in the name of the Mayor, and be signed by said clerk. Return of elections. Contests. SEC. 7. Be it further enacted, That all persons being qualified to vote for members of the General Assembly of this State, and who have paid all taxes due said city, and who have resided in said city six months prior to the election at which they offer to vote, shall be qualified to vote at any election provided for in this charter. Qualified voters. SEC. 8. 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 be a freeholder. Eligibility for office of Mayor. SEC. 9. Be it further enacted, That on the first day of January following each election the persons elected for offices of Mayor and Councilmen, or either, shall take and subscribe before some judicial officer, or the Mayor of said city, then in office, the following oath: I do solemnly

Page 1048

swear that I will well and truly perform the duties of Mayor (Councilman, as the case may be), of the City of Lawrenceville, to the best of my skill and ability, and as shall seem to me the best interest and welfare of said city, without fear, favor or affection; so help me, God. And they shall forthwith enter upon the discharge of the duties of their office. Oath of Mayor and Councilmen. SEC. 10. Be it further enacted, That at the first regular meeting of the Mayor and Council of said city after their election and qualification, they shall elect a city clerk, who shall be ex-officio tax receiver, tax collector and clerk of the Mayor's Court of the City of Lawrenceville, a marshal, or marshals, as the Mayor and Council may deem fit. Said Mayor and Council shall have authority to employ a city attorney, and such other officers as they may deem necessary in the government of said city. All said officers shall hold their offices at the pleasure of the Mayor and Council, and shall be paid out of the city funds by an order drawn by the clerk, and countersigned by the Mayor, or in his absence, by the Mayor pro tem.; and all other expenditures shall be paid by an order drawn and countersigned in the same manner. Officers elected by Council. SEC. 11. Be it further enacted, That during the sickness, absence or disqualification of the Mayor, the Mayor pro tem., or in his sickness, absence or disqualification, any one of the Councilmen, chosen by the Council, shall be clothed with all the rights and privileges of the Myaor, and shall perform the Mayor's duties. In case of absence of Mayor and Mayor pro tem. presiding officer. SEC. 12. 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

Page 1049

before the Council, and the majority of the votes cast shall determine all questions and elections before the Council. On all questions before the City Council, the Mayor, or Mayor pro tem., if he be 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 city, and such time and place as they see proper. Quorum. SEC. 13. Be it further enacted by the authority aforesaid, That the Mayor, in his absence, 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, a Mayor's Court for said city for the trial of offenders against the ordinances of said city, and impose such penalties for violations thereof as may be prescribed by ordinance, not exceeding a fine of two hundred dollars, and imprisonment and labor on the public works of the city for sixty days for each offense, but shall in all cases make the sentence in the alternative. The like authority may be conferred upon any Councilman at large by ordinance. Mayor's Court. SEC. 14. Be it further enacted by the authority aforesaid, That said Mayor, and in his absence, the Mayor pro tem., shall have the right to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be directed to the marshal or chief of police and the police officers of the city, and shall be executed by either of them; and to hold commitment trials and commit to the jail of said county, or admit to bail, offenders for their appearance at the next term of the City Court of Lawrenceville, or of the Superior Court of said county, and it shall be the duty of the jailer of Gwinnett County to receive the persons so committed and safely keep them until discharged by due process of law. Warrants. Commitments.

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SEC. 15. Be it further enacted by the authority aforesaid, That the Mayor shall have no vote except in case of a tie; he shall have the power to veto all ordinances, orders and resolutions passed by the general or common Council. When such ordinances, orders, or resolutions contemplate the payment of any sums of money, or liability on the part of the city for the same, the said Mayor shall have four days after the meeting at which the Council voted wherein to file with the clerk of the Council his dissent in writing, but the Council may, in the manner prescribed in this charter for voting on such questions, pass the said order, ordinance or resolution over the veto of the Mayor by a majority of the vote of the Council, said votes to be taken by yeas and nays and entered upon the minutes. In the absence of the Mayor a like power may be exercised by the Mayor pro tem. Veto power of Mayor. SEC. 16. Be it further enacted by the authority aforesaid, That the legislative department of the city shall be vested in board of Council. The Mayor and board of Council shall be styled The Mayor and Council. Legislative authority. SEC. 17. Be it further enacted by the authority aforesaid, That the Mayor shall receive a salary of $200.00 per year, and shall receive no other fees or prerequisites in connection with his office. Mayor's salary. SEC. 18. Be it further enacted by the authority aforesaid, That the said city marshal shall be the collecting officer of all executions issued for unpaid taxes, licenses and other matters, which he may be directed to collect by the Mayor and Council; he shall take and subscribe the same oath as the clerk and shall give bond with a good security in such amount as the Mayor and Council may

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direct, conditioned for the faithful discharge of the duties of his office; he shall be sanitary inspector, and shall be sworn in as a policeman and shall look after all licenses that may be assessed against any person, firm, or corporation doing or carrying on any kind of business within said city, and shall see that the same is paid. There shall be taxed against all persons whom an execution shall be issued, and for levying the same, the same costs as are now allowed Sheriffs for like service, and the same fees for selling, making titles and for advertising as are now allowed to Sheriffs for like services, but these fees shall not be prerequisites of the marshal, but shall be paid over by him to the city clerk. Said city marshal shall make a monthly report of all executions collected by him, and the amount of costs paid to him, and for what fund the same was paid out. Said city marshal shall do and perform any other service that may be required of him under this charter and the ordinance of said city. Said city marshal shall receive a salary for his services in a sum to be named by the Mayor and Council. Marshal and his duties. Marshal's salary. SEC. 19. During the month of January of each year the City Council shall elect from among the qualified voters of the City of Lawrenceville, three upright, intelligent freeholders who shall act as city tax assessors, and whose duty it shall be to visit each city lot or other sub-division of land within the City of Lawrenceville and place a fair valuation thereon, and whose duties it shall be to value all improvements, and assess for taxes in the City of Lawrenceville all other property, real and personal, and of every nature whatsoever, and cause to be made returns thereof on a form similar to that used by the State of Georgia, State and county taxes. All complaints, if any should arise, against city tax assessment shall be heard

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and adjusted by the tax assessors at its first regular meeting in each year, and if there should be an excessive number of complaints, then and in that event shall the city tax assessors continue its sessions from day to day until said complaints have been heard and adjusted. And the action of the assessors and the adjudication of the said tax matters shall be final. Said assessors shall act in conjunction in making each and every asessment. Before entering upon the duties of tax assessors each assessor shall take the following oath before a duly authorized officer: I, , do solemnly swear that I will faithfully, impartially and intelligently perform the duties of city tax assessor of Lawrenceville, Georgia, to the best of my ability, so help me, God. Tax assessors and their duties. Oath of assessors. SEC. 20. Be it further enacted by the authority aforesaid, That at the first regular meeting of the Mayor and Council that shall be held, they shall elect a city clerk, a city attorney, a chief of police, and such other officers and servants as the Mayor and Council shall deem necessary for the government of said city. Each of said officers shall be elected for a term of one year, and shall subscribe an oath for the faithful performance of their duties; that they are qualified to hold office; and shall give such bond as the Mayor and Council may by ordinance provide. Said bond shall be made payable to the City of Lawrenceville, and shall be approved by the Mayor and recorded by the clerk in a book kept for that purpose. Other officers. SEC. 21. Be it further enacted by the authority aforesaid, That said city clerk shall be a practical bookkeeper, and shall keep his office at the city hall of said city, and shall keep a corporate seal and all papers and records of the city appertaining to his office, and shall keep the minutes

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of the City Council, and shall report annually on or before the first day of January of each year to the City Council an estimate of the expenses of the city and the amount of revenue necessary to be raised for the current year, and shall perform all such duties as may be required of him under this charter incident to his office, or that may be required of him by the ordinances of said city. Copies of all papers filed in the office of the clerk and transcripts of the records of the City Council certified by the clerk under the corporate seal shall be evidence in all Courts as if the orignal was produced. The clerk shall receive for his services the sum of six hundred dollars per annum, and shall keep his office open from 8 o'clock A. M. until 6 o'clock P. M., except one hour at noon of each day, Sundays and legal holidays excepted, and shall faithfully discharge the duties of city clerk, and execute a bond in the sum of $, to be approved by the Mayor, payable to the City of Lawrenceville, conditioned for the faithful performance of the duties of his office. The clerk shall keep separate account in which he shall enter the amount appropriated for each separate and distinct purpose, and in drawing his warrants upon the city treasurer he shall draw his warrant against that particular fund. Said clerk shall cause to be made monthly a full report of all moneys to be collected by the city treasurer from every source, and all warrants drawn by him, and said report shall be spread upon the minutes of the Council. Said clerk shall issue all tax executions and shall keep a tax execution docket in which he shall enter all executions issued, the name of the party against whom issued, the amount of the tax, and the final disposition of the same. For issuing each execution for taxes, or for licenses, or for other cause, he shall cause to be charged and collected the sum of fifty cents each, which said sum shall be paid to the city treasurer. The

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Mayor and Council shall purchase for said city clerk all books necessary to transact the business of his office and such other stationery and printed matter as may be needed for the same. The city clerk shall make all collections, but shall keep an accurate record of all funds due the city which shall finally be chargeable to the records. Clerk, and his duties. Clerk's salary. Bond. SEC. 22. Be it further enacted by the authority aforesaid, That the city attorney shall be legal adviser of the Mayor and Council. Before entering upon the duties of his office, he shall take and subscribe an oath for the faithful discharge of his duties as city attorney. When called upon by the Mayor and Council, he shall give opinions upon any subject or matter with respect to the law, shall attend the sessions of the Police Court when called upon by the Mayor; he shall attend the meetings of the Mayor and Council upon request of the Mayor or Council; shall look after all legal matters and litigation wherein the City of Lawrenceville is involved; and shall discharge such other duties as may be required of him by the Mayor and Council connected with his office as city attorney. Said city attorney shall receive a salary of $100.00 per annum, payable annually, and actual expenses incurred while in the discharge of his duties as city attorney outside of the County of Gwinnett by and with the authority of the Mayor and Council. He shall hold office for the term of one year and until his successor is elected and qualified. City Attorney and his duties. Salary of City Attorney. SEC. 23. Be it further enacted by the authority aforesaid, That at the first regular meeting of the Mayor and Council in each year, that shall be held they shall receive sealed proposals from the banks of Lawrenceville to become city depository. Said proposals shall state the amount of interest such banks are willing to pay on the daily balances

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of cash deposited by the city, and the rate of interest that they will charge the city on the average daily overdrafts of the city, and propose to render a statement to the city clerk, showing the amount of each and every day's balance on overdraft. The Mayor and Council shall accept the best bid that may be offered by any one of such banks for the city's deposit account, and said bank shall give bond in such sum as the city may require for the safekeeping of such deposits, and for the faithful discharge of its duties as the city's depository, and for the discharge of such other duties as may be required under the terms of this charter and the ordinances of the city with respect to such duties. Bank depository of city. SEC. 24. Be it enacted by the authority aforesaid, That the chief of police elected shall hold office for one year from date of the election, or until his successor is elected and qualified. He shall be a qualified voter and citizen of the city, and shall take and subscribe an oath that he will faithfully discharge the duties of chief of police of the City of Lawrenceville to the best of his ability, without favor or affection. He shall have full direction and management of the policemen under him, subject to the control and direction of the Mayor and Mayor and Council by ordinance. He shall see that all ordinances are enforced, and that the men under him are of good moral character and discharge their duties faithfully. If any policeman is negligent or inefficient in the discharge of his duties, the chief of police shall immediately suspend him from office and report his suspension to the Mayor and such action shall be taken as may be provided by ordinance. He shall attend each session of the Mayor's Court, or instruct one of the men under him to be in attendance. He shall attend each session of the Mayor and Council, keep a record of all

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arrests made, the offense for which they were arrested, and shall on or before the session of the Police Court each day hand in to the clerk a record of all persons so arrested. He shall keep a complete record of the disposition of all cases, and if the offender is fined, the amount of the fine, collect the same and pay the same over to the city treasurer. If such offenders are sentenced to work on the streets or public works, he shall keep a complete record of that fact in a book furnished him for that purpose. He shall make a monthly report of his actings and doings and of all fines collected to the Mayor or chairman of the committee for the police department, as provided by ordinance. He shall monthly make a full report of all things connected with his department to the Mayor and Council, and shall do and perform all other duties incumbent upon him as provided by ordinance. Chief of Police, and his duties. Oath. SEC. 25. Be it further enacted by the authority aforesaid, That such patrolmen or policemen as may be needed by the city shall be elected by the Mayor and Council, and serve at the pleasure of Mayor and Council, and shall take and subscribe an oath the same as provided for the chief. Policemen. SEC. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief of police, and the policemen, to examine all buildings in the city, and, if dangerous, to report that fact to the Mayor, or the chairman of the committee for that purpose as provided by ordinance. It shall be their duty to examine and see that all chimneys and flues are in proper and safe condition, and to see that the water mains are not tapped and water taken therefrom except by order from the proper authorities, and that the electric wires are erected in a safe manner, and see that each and every ordinance is properly enforced. Duties of chief and policemen.

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SEC. 27. Be it further enacted by the authority aforesaid, That each police officer shall be furnished with blank summons as hereinafter provided for, and when an offense is committed, not in their presence, and they are satisfied that the offender is likely to leave the city, they shall give him a written summons to appear before the Mayor's Court. If they believe that the defendant will leave the city and not obey said summons, then they shall apply to the Mayor or to one of the Councilmen for a warrant, which shall be executed by them and a bond taken to require the offender to appear before the Mayor's Court for trial. Upon the arrest of any person for violating the criminal laws of Georgia, they shall immediately carry such person before a magistrate, and see that a proper warrant is sworn out. It shall be the duty of all police officers in all cases where they know that the State law is being violated, to apply to the nearest magistrate for a warrant and execute same. Summons and warrants. SEC. 28. Be it further enacted by the authority aforesaid, That the Mayor and Mayor pro tem. when any person or persons are arraigned before the Mayor's Court, charged with a violation of any of the ordinances, rules, regulations of said city, may for good cause shown for either side, continue the hearing until such time as the Court may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or he may be imprisoned to await the trial. If such bond be given and the accused fails to appear at the time fixed for the trial, the bond may be forfeited by the Mayor, Mayor pro tem., or Councilman at large, as the case may be, and execution issued thereon by serving the defendant, if any be found, and his securities with a rule nisi, at least five days before the hearing of said rule nisi. Appearance bonds.

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SEC. 29. Be it further enacted by the authority aforesaid, That any person convicted before the Mayor or other presiding officer of the police force shall have the right of certiorari to the Superior Court of Gwinnett County; provided, all costs are paid and bond and security given in double the amount of the fine imposed to answer final judgment in the case; and provided, further, that nothing in this Section shall prevent the defendant, if he desires to certiorari his case to the Superior Court, to file the usual pauper affidavit in lieu of giving the bond and security, and the payment of the costs; and provided, further, that the applicant failing to give bond and security may, in the discretion of the Mayor, or acting Mayor, be placed in the city prison or county jail to await final judgment in the case. All certioraries, except as above prescribed, shall be governed by the same rules that govern other certioraries. The Mayor and Council shall provide by ordinance for the form of all accusations, affidavits, and warrants to be issued for violation of the city ordinances and laws and the procedure of such trials. Certiorari. SEC. 30. Be it further enacted by the authority aforesaid, That no person holding any office under the City of Lawrenceville 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 such person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly. Officers shall not contract with city. SEC. 31. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power and authority to provide by ordinance when the taxes of said

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city 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. Collection of taxes. SEC. 32. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have full power and authority for the assessment, levying and collecting of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of indebtedness, money used for banking and every other species of property in said city, or owned or held therein, if not exceeding one dollar on one hundred dollars as now authorized by law; and for the purpose of providing for a sinking fund for the payment of any bonds heretofore issued, or that may hereafter be issued by said city authorities, and to provide a fund for the payment of the annual interest of said bond, a greater ad valorem tax may be levied and collected; said Mayor and Council shall have power to provide by ordinance for the return of all taxable property in said city, and to provide penalties for the neglect or refusal to comply with the same. Ad valorem tax. SEC. 33. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power and authority to impose a tax on all dogs in the city, and shall provide by ordinance for the collection of said tax, authorizing the city policeman to kill any dog or dogs running at large in said city, whose owners fail to comply with said ordinance. Dog tax. SEC. 34. Be it further enacted by the authority aforesaid, That all persons subject to general road duty between

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the ages of sixteen and fifty, who are not exempt under the State laws from working the roads, shall be subject to street duty and the Mayor and general Council may provide when and how they shall work said streets. They shall be required to work not less than six days in any one year, or in lieu of working said six days, they may pay the sum of $3.00, which sum shall be paid at such time as the Mayor and Council shall direct. The Mayor and Council shall by ordinance provide how the tax shall be collected, or how the person subject to street duty shall be summoned to work on the streets, or upon failure to work or pay the tax, they shall be fined in a sum not exceeding fifty dollars, or sentenced to imprisonment to work on the public works of the city, not more than ten days. Street duty. Commutation tax. SEC. 35. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have full power and authority to require any person, firm, company or corporation, whether resident or non-resident of said city who may be engaged in, prosecute or carry out any business, calling, vocation or profession within the corporate limits of said city, by themselves or by their agents, to register their names, business, calling, vocation or profession annually and to require such person, company or corporation to pay for said registration, and, for license to carry on, prosecute, or engage in said business, calling or profession, such amounts as the Mayor and Council may provide by ordinance. Said Mayor and Council may provide by ordinance for the punishment of all such persons, firms, companies, or corporations required by ordinance to register and pay such license taxes, or to take out said licenses for same, who fail to comply with all the requirements of said ordinances made in reference thereto. Special taxes.

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SEC. 36. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have full power and authority to license pool tables, billiard tables, ten-pin alleys, and all tables kept and used for the purpose of playing or renting, all ten-pin alleys, nine-pin alleys, or alleys of any other kind which are kept for the purpose of playing or renting, and to charge for such licenses such sum as they may by ordinance prescribe. Licenses. SEC. 37. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have full power and authority to assess the license tax upon all persons carrying on a brokerage business, in said city, in addition to all other taxes that they may pay. They shall have the power to license brokers, to define by ordinance their power and privileges, to revoke their licenses, impose taxes, and exercise such superintendence as will insure fair and impartial dealings between them and their customers. Brokers' licenses. SEC. 38. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have full power and authority to license, regulate and control all markets in the city, opera houses, hacks and drays, used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant lightning rod dealers, emigrant agents, all fire or life insurance companies doing business in said city, trades and professions of every kind not exempt under the State laws; itinerant dealers in jewelry and medicine, and all itinerant articles of merchandise, except such as are exempted by the laws of this State; also any person running a flying-jenny, flying horse, merry-go-round, bicycle or skating rink, and all circuses, side shows, and other shows and performances, exhibiting in said city, and all persons selling goods, wares or merchandise by sample or

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otherwise, and all other business, calling or vocation, which under the Constitution and laws of this State are not exempt from license shall be subject to license under the ordinances of the city passed in conformity with the provisions of this Act. Other licenses. SEC. 39. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls from running at large over said city; and to prevent and to prohibit the keeping of hogs within the city limits; and to regulate the manner in which they must be kept, if allowed to remain; and to impound such animals when found upon the streets of the city, and to charge such fees for the keeping of any animal as they may prescribe, and in addition thereto charge for the keeping of any animals so impounded and when the owner or owners of such impounded animal or animals shall fail or refuse to pay the impounding fee and costs of keeping said animal, the same may be sold at public outcry and the proceeds thereof applied to the payment of said fee and cost of keeping said animal under such rules and regulations as may be prescribed by ordinance. Impounding of animals. SEC. 40. Be it further enacted by the authority aforesaid, That all dealers in ice, coal, and wood shall pay to the city a license tax in such sums as may be fixed by ordinance, and shall before commencing to do business in this city, obtain from the clerk a license, and upon complaint that any one of such dealers is selling ice, coal or wood under short measures, less than the State's standard weight and measure, a case shall be made against such dealer, and upon conviction, in the Mayor's Court of the city, his

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license shall be revoked, and he shall be bound over for his appearance in the State Courts to answer for a violation of the State laws, and it shall be the duty of the city marshal and the policemen, whenever complaint is made, to make an immediate investigation of the same, and to do this they may, at any time, stop any of the wagons of ice, coal or wood dealers, and have the articles weighed or measured and see if it is short weight or measure, but farmers residing without the city's limits bringing wood into the city shall not be required to procure license, but shall be otherwise amenable to the provisions of this ordinance. Ice, coal and wood dealers, license and regulation of. SEC. 41. Be it further enacted by the authority aforesaid, That the marshal and policemen shall have full power and authority to enter and, if necessary, break open and enter, any place in said city, when the Mayor and Councilmen may have reasonable cause to believe that, or may suspect such place to be a place where spiritous, vinous, malt or intoxicating liquors are sold, and to seize the stock of such liquors and the apparatus for selling same; said Mayor and Council shall have full power and authority to abate as a nuisance any place in said city when the Mayor and Council shall have reasonable cause to believe that spiritous, vinous, malt or intoxicating liquors are sold in such place or places, and to arrest the offenders; and upon conviction of any person for maintaining a nuisance as above stated, the Mayor shall have full power and authority to cause the marshal and policemen of said city to seize and destroy the stock of liquors and apparatus for, selling same found within the city, and otherwise punish the person maintaining such nuisance as may be prescribed by ordinance. Said Mayor and Council shall have

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full power to carry into effect and force the provisions of this Section. Search for and seizure of liquors, etc. SEC. 42. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have full power and authority to cause the owners of city lots, or parts of lots and cellars, if the same should become a nuisance, or the board of health should recommend that lots and cellars be filled or drained, to cause the owners to fill or drain said lots and cellars to the level of the alleys or streets on which said lots are located. The owner or occupant of such lots or cellars should fail or refuse after reasonable notice, either to themselves or to their agents, as the Mayor and Council may provide, to comply with the requirements of said Mayor and Council by draining, or filling said lots or cellars, it shall be lawful for the said Mayor and Council to have this work performed, and by ordinance tax the cost against the property and collect same by execution issued as provided by ordinance. Said Mayor and Councilmen may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. Drainage of lots and cellars. SEC. 43. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have full and complete control of the streets, sidewalks, public parks and alleys in said city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for the purpose of widening, straightening, grading, or in any way changing streets, lanes, and sidewalks in said city, and when the Mayor and Council shall desire to exercise the power and authority granted in this Section, it may be done whether the lands condemned are in the hands of an owner, trustee, executor, administrator, guardian, or agent in the same

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manner as 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 the payment of accrued costs. The Mayor and Council shall have full power and authority to remove or cause to be removed any buildings, steps, awning, or other obstruction or nuisances upon the public streets, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this Section by appropriate ordinance. Control of streets, etc. SEC. 44. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve the travel or drainage of the sidewalk, street, alleys, and public parks of said city, and to carry into effect the authority herein granted, the Mayor and Council shall have full power and authority to assess the costs of paving and otherwise improving the sidewalks and streets against the real estate abutting on such sidewalks to the amount of not more than two-thirds of such costs; and any street railroad company or other railroad company having tracks running through or across the streets of said city shall be required to pave, macadamize or otherwise improve such street in such proportion as the Mayor and Council may provide by ordinance. 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 purposes above stated as may be just and proper, estimating the total cost of each improvement made, and pro rating the costs thereof on real estate according to the frontage on the streets or portions of street so improved, or according to the area of value of said estate, either or all as may be determined by ordinance.

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

Page 1067

taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Said Mayor and Council shall have the power and authority to prescribe by ordinance such rules as they may, in their discretion, think necessary to grade, pave, drain, or macadamize or curb the street, sidewalks and alleys of said city, to enforce by execution the cost thereof against the adjacent property owner and railroad company and to provide how the agent or owners thereof shall be served with notice by person, service or by publication. Grading, paving, etc. Assessments. Lien of assessments. Illegalities. SEC. 45. Be it further enacted by the authority aforesaid, 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 city for sanitary purposes, not to exceed $2.00 per annum on each lot 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 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 front, and no business lot less than ten feet front; provided, further, the assessment made under this Section shall not be made on vacant lots, and residence lots shall not be subdivided for assessment. Sanitary assessment. SEC. 46. Be it further enacted by the authority aforesaid, That the said Mayor and Council shall have full power and authority to require the owner of any improved property

Page 1068

in said city to provide suitable privy or water closet accommodations upon such improved premises, whenever in their judgment and in the opinion of the city physicians such improvements are necessary to preserve the health or to protect the sanitary interests of citizens of any neighborhood within said city. The Mayor and Council are authorized to enforce the provisions of this Section by appropriate ordinances. Sanitation. SEC. 47. Be it further enacted by the authority aforesaid, 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 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 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 change in the construction or arrangement of chimneys, stove pipes or flues, or the removal thereof, when in their judgment the same are dangerous, or likely to become so, and make the owner of the premises pay expenses of such changes, which may be collected as taxes are now collected. And if any person, firm or corporation shall erect any building, which is not in accordance with the laws and ordinances of said city, said Mayor and Council may order such buildings removed, and if such person, firm, or corporation shall not remove such building after notice to do so, then said Mayor and Council shall have authority and power to remove the same at the expense of the owner, which expense may be collected by execution. Fire district and building regulations. Board of

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SEC. 48. Be it further enacted by the authority aforesaid, 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. 49. Be it further enacted by the authority aforesaid, That the first regular meeting of Mayor and Council in January of each year, they shall elect a chief of the fire department, and as many firemen as may be necessary for the proper conduct of the fire department; said chief and firemen shall take and prescribe an oath that they will faithfully discharge to the best of their ability their duties as such chief and firemen respectively. It shall be the duty of the chief and firemen to make quarterly inspection of all poles and wires and lights in the city, to see that they are safely erected and constructed and report to the Mayor and Council any defect that they may find with such recommendation as the chief may see proper to make. The chief shall examine all chimneys and flues in the city when required to do so by the Mayor and Council, and discharge such other duties connected with his office as may be required of him by the Mayor and Council. The term of office of such chief shall be one year unless removed for cause by Mayor and Council. The salaries of the chief of the fire department and the firemen shall be fixed as provided by ordinance. Fire department. SEC. 50. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have full power to require the railroads running through said city, or a portion thereof, to make and repair such crossings on their roads whenever and in such manner as such

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Mayor and Councilmen shall deem necessary; to place or repair such crossings, or to open and keep open any and all streets in said city; and the said Mayor and Council may pass any ordinance needful for the carrying out of the provisions in this Section, and in case the railroad companies aforesaid shall fail or refuse to make such crossings within ten days, or to repair the same within five days after having been notified to do so, by the Mayor and Council, the said Mayor and Council shall have the power and authority to put in or repair said crossing at the expense of the said railroad company, and may issue execution therefor as other executions are issued by the clerk of the Council and collect the same as provided in case of tax executions. Railroad crossings, repair of. SEC. 51. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have the right to provide for and regulate the pipes and gutters that empty into the streets or sidewalks in said city; to regulate and prohibit, except as such power may be restricted by any existing general law, the use of the streets, sidewalks, and public grounds for signs, sign posts, awnings, telegraph, telephone poles, horse troughs, or racks, and for posting hand bills, advertisements, and to regulate or prohibit the carrying of banners, hand bills, and placards on the streets and sidewalks and public places of said city. Also to compel any telegraph or telephone company having previously erected poles or wires in said city to remove the same to any location designated by the Mayor and Council; and in case said telegraph or telephone company shall fail to remove the same within thirty days, or such further time as to the Mayor and Council may seem just and reasonable after having been duly notified to do

Page 1071

so, said city shall have the right to remove the same at the expense of said company and collect the same by execution. General regulations. SEC. 52. Be it further enacted by the authority aforesaid, That the said City of Lawrenceville shall have the power and authority to erect and maintain a sewerage system for said city and to contract for the purchase of land and water rights to be used in connection therewith either in or without the city, and if necessary, to condemn lands and water rights for such purposes. Sewerage system. SEC. 53. Be it further enacted by the authority aforesaid, That the Mayor and Council of Lawrenceville are authorized and empowered to order an election by the qualified voters of said city at such times as the Mayor and Council may designate, to determine whether or not bonds shall be issued by the City of Lawrenceville in sums subject to the limitations and regulations imposed by the laws of the State of Georgia upon municipalities, to be sold for the purpose of improving and enlarging the water and light plant now established and in operation and maintaining the same and for the purpose of establishing, building and acquiring a sewerage system in said city, and for the purpose of building a public school building for said city, and for street improvement or any other purpose. Said election shall be held in accordance with the provisions of Section 377 to 380, inclusive, of the Code of Georgia for 1895; at said election the ballots shall be For sewerage bonds, or Against sewerage bonds, or For public school bonds, or Against public school bonds, for Street improvement bonds, or Against street improvement bonds, etc. The Mayor and Council shall determine the amount of bonds to be necessary for sewerage and in the advertisement shall specify the amount of bonds that will be

Page 1072

issued for sewerage purposes. They shall determine the amount of bonds necessary for school purposes and in the advertisement of the election shall specify the amount of bonds to be issued for school purposes, etc. The bonds so issued are to be issued in the denomination of not less than $500.00 and not more than $1,000.00 each. Municipal bonds, election for. SEC. 54. Be it further enacted by the authority aforesaid, That said bonds when so issued shall be sold by the Mayor and Council, the sale to be advertised in one or more of the leading papers either in New York, Boston, Mass., Chicago, Ill., Philadelphia, Pa., Atlanta, Macon, or Savannah, Georgia, and the official organ of Lawrenceville for a period of thirty days. Sealed bids for said bonds shall be received and said bonds shall be sold to the highest and best bidder. Sale of bonds. SEC. 55. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Lawrenceville shall be and are hereby authorized and empowered to annually assess, levy and collect on all property, real and personal, a tax in such sums as may be deemed necessary for the purpose of paying the interest in said bonds, and to create a sinking fund sufficient to redeem and pay off said bonds at their maturity; and the tax so assessed, levied and collected shall be kept separate and distinct from all other taxes and money 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 accumulation of a sinking fund for the payment of the principal. Payment of interest on bonds and sinking fund, tax for. SEC. 56. Be it further enacted by the authority aforesaid, That if an election be held as herein provided and the same be against the issue of bonds for any of the purposes

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herein specified, the Mayor and Council may at any time thereafter, at the expiration of three months from the date of said first election, or any succeeding election, order another election under the provisions of this charter and may continue to do so until the issuance of said bonds is authorized by the legal voters of the city in the manner prescribed by law. The Mayor and Council may advertise such election for water, light, sewerage and public school bonds, or any other purpose, at one general election, or may advertise for one or more of said purposes, or any other purpose, or on only one of said purposes as in their judgment may be necessary. Subsequent [Illegible Text] for election for [Illegible Text]. SEC. 57. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power and authority to enact ordinances for the purpose of preventing the spread of infectious or contagious diseases, to declare and maintain quarantine regulations against such diseases, and to punish violators of any of the quarantine regulations of said city. They shall have the power to build or establish pest houses outside of the city limits and for this purpose they are authorized to buy, hold or receive real estate outside of the city limits. They shall have the power to compel the removal to the pest house, of any person or persons, who have the small-pox or contagious diseases when in their judgment, it is best for the welfare and health of the city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ city physicians at the expense of the city to vaccinate all persons who are unable to procure said vaccinations, and may provide by ordinance punishment for persons failing to be vaccinated. Health ordinances.

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SEC. 58. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city may have the power and authority to protect all places of divine worship, and the cemeteries of said city; and to provide one or more cemeteries for the burial of the dead, either within or without the city; and to regulate interments therein; and to expend annually a sufficient sum for the proper keeping of said cemeteries. Places of Divine worship and cemeteries. SEC. 59. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have the power to grant franchises, easements, and rights of way over, in, under and on the public streets on such terms and conditions as they may fix; provided, that franchise shall be granted for not more than a term of twenty years, nor without compensatin to the city to be provided for in said franchise ordinance. Franchises, easements and rights of way. SEC. 60. Be it further enacted by the authority aforesaid, That should any person violating any of the ordinances flee from the jurisdiction thereof, such person may be apprehended wherever he may be found in this State, and the warrant of the Mayor or the Mayor pro tem. of said city shall be sufficient authority for his arrest, return and trial upon the charges resting against him; and should any person after trial and conviction of any violation of any ordinance of said city escape, he may be apprehended wherever found in any county in this State, and the warrant of the Mayor or the Mayor pro tem. of said city shall be sufficient authority for his arrest and return; and all persons thus escaping from the custody of said city may be tried against for such escape and upon conviction may be punished as prescribed by ordinance, the penalty not to exceed that hereinbefore provided for the violation of city ordinances. Fugitives from justice.

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SEC. 61. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city are empowered and authorized by themselves or through a committee, in the discretion of said Mayor and Council, to examine into the working of the business of any office of said city, or examine into the conduct of any officer of said city, and the said Mayor and Council or committee conducting said examination shall have the power to send for the person and papers of such officer and compel their attendance upon such examination, swear witnesses, and compel the production of books and papers of all other persons as may be required in such investigation. Investigation of offices. SEC. 62. Be it further enacted by the authority aforesaid, That the said Mayor and Council shall provide for said city a safe and suitable prison for the keeping and detention of the city's prisoners and convicts; and they may establish and provide a chaingang in which to work persons who have been convicted of violating any of the city ordinances. Said Mayor and Council are also empowered to use and work in such chaingang misdemeanor convicts from the City Court of Lawrenceville or the Superior Court of Gwinnett County, and provide for the safe keeping of the same by ordinance. Such chaingang shall be established and maintained in a manner provided by the general law for the establishing chaingangs for the keeping of misdemeanor convicts. Prison and chain-gang. SEC. 63. Be it enacted by the authority aforesaid, That said Mayor and Council 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

Page 1076

such ordinances and provide such penalties as may be necessary to carry out the provisions of this charter. Lewd and gaming houses, suppression of. SEC. 64. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have full power and authority to acquire on behalf of the City of Lawrenceville, by gift, purchase, or otherwise, grounds suitable for parks, either within or without the city limits, as may be in their judgment for the interest or welfare of the citizens of said city, and they shall have the power and authority to improve and keep up the same, and to that end may appoint such officers and employees as in their judgment may be necessary to compensate them for their services. Parks. SEC. 65. Be it enacted by the authority aforesaid, That any of the officers of said City of Lawrenceville who may be sued for any act or thing done in his official capacity may be justified under the provisions of this charter, and the same shall be a full defense to any action brought against such officers for any acts or act done by them, or either of them, under and in accordance with the provisions of this charter and the ordinances passed in pursuance thereof. Defenses of officers. SEC. 66. Be it further enacted by the authority aforesaid, That in case the Mayor or any Councilman, or any other officer of said city, shall while in office be guilty of malpractice, wilful neglect in office, or abuse of the power conferred upon him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to be impeached by the City Council, and on conviction shall be removed from office. Impeachment of officers. SEC. 67. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have

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the power to control and regulate the running and operating of all locomobiles, trains, street cars, and all vehicles for transportation of person or freight; to prevent all unnecessary noise from automobiles, locomobiles, steam whistles, bells or other contrivance that may disturb the peace and comfort of the citizens of Lawrenceville, and to adopt necessary ordinances for such purposes, and to provide penalties for violation of such ordinances. Speed ordinances. SEC. 68. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power to pass ordinances and regulations for the prevention of idleness and loitering within the city limits and to prescribe penalties for violation thereof. Idleness and loitering. SEC. 69. Be it enacted by the authority aforesaid, That the Mayor and Council shall have the power to enact and pass all laws and ordinances, rules and regulations, which they may consider necessary for the good government, peace, order, prosperity, comfort and health of the said city and the inhabitants thereof; and they are likewise hereby empowered to enforce such laws and ordinances and to do any and all things and exercise all other powers conferred upon them by this Act; provided, such laws, ordinances, rules and regulations are not in conflict with the Constitution of Georgia. General welfare clause. SEC. 70. Be it further enacted by the authority aforesaid, That the territory included within the corporate limits of the City of Lawrenceville shall be, and is hereby, constituted an independent school district, and that nothing contained in this Act shall modify, change, alter or in any manner interfere with the Act establishing a public school system for Lawrenceville, approved December 15th, 1893, and Act amendatory thereof. Public school system.

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SEC. 71. Be it further enacted by the authority aforesaid, That all Acts of the General Assembly heretofore passed incorporating the City of Lawrenceville be, and are, hereby consolidated and superceded by this Act, and that all Acts of the General Assembly inconsistent with or at variance with this Act are hereby expressly repealed, and all laws and parts of laws inconsistent herewith are hereby repealed. That all ordinances passed by the Mayor and Council of the City of Lawrenceville under a former charter, or any amendment thereof which are now in force, and which are inconsistent with and at variance with this Act be, and are, hereby expressly repealed, but all ordinances of said City of Lawrenceville heretofore passed and now in force, which are not inconsistent with this Act, are continued as ordinances of the said City of Lawrenceville, in full force and effect until same have been repealed by ordinance or resolution of the Mayor and Council, as provided for in this Act. Old charter consolidated and superseded by this Act. Approved August 19, 1912. LILLY, CITY OF, CHARTER AMENDED. No. 372. An Act to authorize the Mayor and Council of the City of Lilly to issue bonds to the amount of five thousand ($5,000.00) dollars, for the purpose of building and equipping a public school building in said City of Lilly; and in the sum of five thousand ($5,000.00) dollars, for the purpose of building and equipping a system of water works and lights in said City of Lilly; to provide

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for the payment of the principal and interest of said bonds, to provide for the ratification of the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Mayor and Council of the City of Lilly be, and they are hereby authorized to issue and sell bonds of the said City of Lilly to the amount of five thousand ($5,000.00) dollars, of such denomination, and to become due and payable at such time or times, not exceeding thirty years after the date of the issue thereof, as said Mayor and City Council of the said City of Lilly may determine; said bonds to bear not exceeding six per centum per annum and to be issued and sold for the purpose of building and equipping a public school building in said City of Lilly, and for no other purpose. Lilly, City of, school bonds authorized. SEC. 2. Be it further enacted by the authority aforesaid, That the said Mayor and City Council of the City of Lilly be, and they are, hereby authorized to issue and sell bonds of said City of Lilly to the amount of five thousand ($5,000.00) dollars, of such denomination, and to become due and payable at such time or times, not exceeding thirty years after the date of the issue thereof, as said Mayor and City Council of the said City of Lilly may determine; said bonds to bear not exceeding six per centum per annum, and to be issued and sold for the purpose of building and equipping a system of water works and lights in and for said City of Lilly, and for no other purpose. Sale of bonds. SEC. 3. Be it further enacted by the authority aforesaid, That the Mayor and City Council of the said City of Lilly be, and they are, hereby authorized and empowered

Page 1080

to levy, assess and collect annually a sufficient tax upon and from the taxable property in said City of Lilly, to pay the principal and interest of said bonds as they shall become due. Tax assessment to pay principal and interest on bonds. SEC. 4. Be it further enacted by the authority aforesaid, That upon the passage of this Act and before it shall become effective and operative, the Mayor and City Council of the said City of Lilly shall comply in all respects with the general laws of this State, as embodied in Sections 440, 441, 442 and 443 of the Code of 1910 and if the said issue, herein authorized, is ratified by a two-thirds vote of the qualified voters of the said City of Lilly, then it shall be duty of the said Mayor and City Council of the said City of Lilly to issue, sell and appropriate the proceeds of said bonds as provided by this Act. Election for ratification. 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, 1912. LONE OAK, TOWN OF, CHARTER AMENDED. No. 321. An Act to amend an Act incorporating the town of Lone Oak, of Meriwether County, approved November 15th, 1901, so as to provide for changing the corporate limits and boundary lines of said town, and to provide for the establishment and maintaining a chaingang in the

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town; and to provide for the punishment for the violators of the laws and ordinances of said town, by working all such offenders on the public works of said town, and in the county chaingang of Meriwether 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 the Act incorporating the town of Lone Oak, Meriwether County, Georgia, Acts 1901, page 520, approved November 15th, 1901, and the same is hereby amended by striking and repealing Section 2 of said Act which reads as follows: Be it further enacted, That the corporate limits of said town shall be three-fourths of one mile in each and every direction from the center of where the public road known as the Greenville and Grantville road crosses the road known as the Hogansville and the Flat Shoal road, and that said Act be amended by substituting the following: SEC. 2. Be it further enacted, That the corporate limits of said town shall be as follows: Beginning on the east line of lot of land No. 88 in the Lone Oak district of said county, running east through lot No. 87, dividing lot No. 87 in halves, and one-fourth across lot No. 86, then south to the north line of lot of land No. 118; then west along the south line of lot of land No. 107 and 119, to the Greenville and Grantville public road; then south along said lot to the south line of the residence lot on which H. L. Culpepper now lives; then west along the south line of said lot to the southwest corner of said lot; then north to the south line of lot of land No. 106; then west to the southwest corner of lot of land No. 106; then north along the west line of lots of land No. 86 and 87 to the starting point. Lone Oak, town of, corporate limits. SEC. 2. Be it further enacted, That from and after the

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passage of this Act, that the Mayor, or the Mayor and the Council or proper official of said town, trying any offender for violation of any ordinance of said town is empowered and authorized to sentence such violators or offenders to a chaingang on the streets or public works of said town, or on the public highways of Meriwether County, for a term not exceeding thirty days for each offence. Chain gang. SEC. 3. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved July 25, 1912. LUELLA, TOWN OF, INCORPORATED. No. 600. An Act to incorporate the town of Luella, in the County of Henry, State of Georgia, to define the corporate limits thereof, to provide for officers thereof, define their duties, powers, and privileges, 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 the town of Luella, in the County of Henry, be and is hereby incorporated under the name of Luella, by which name it may sue and be sued, plead and be impleaded. Luella, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend one-half mile from a point in the center of the road where the Griffin and McDonough road intersects the Hampton and Locust Grove road at Luella. Corporate limits.

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SEC. 3. Be it further enacted, That said town shall be officered and its corporate affairs directed and controlled by a Mayor and four Councilmen, whose term of office shall be one year, and who shall be elected by the qualified voters of said town. Any person residing within said town thirty 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 second Saturday in December, 1912. The Mayor and four Councilmen, herein, named below, shall serve from the approval, of this Act until their successors are elected and qualified. The term of the Mayor and Councilmen shall be for a term of one year from the first Monday in January of each year and until their successors are elected and qualified. Mayor and Councilmen. Election of officers. SEC. 4. Be it further enacted, That said Mayor and Council shall elect one member of said Council as clerk, and may also elect a marshal and pay him such compensation as they may fix prior to his election. Clerk and marshal. SEC. 5. Be it further enacted, That all the powers and duties contained in Section 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, of the Code of Georgia of 1895, Volume 1, are hereby adopted and made a part of this Act. Code sections relative to powers and duties adopted. SEC. 6. Be it enacted by the authority aforesaid, That the following named persons shall from the passage of this Act serve as Mayor and Councilmen: until the first Monday in January, 1913, to-wit: R. F. Nutt, Mayor; B. F. Thompson, W. H. Bailey, Van Turner and Grover Standard, Councilmen. First Mayor and Councilmen. SEC. 7. Be it further enacted, That said Mayor and Council shall have authority to cause the roads, streets,

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and lanes of said town to be worked in said town by the residents therein subject to road duty, and to levy such a road tax as they may deem for the best interest of the town. Said Mayor and Council shall have authority to make any and all by-laws, rules and regulations or ordinances, necessary for the government of said town and the peace and good order thereof, and to fix license fees for the transaction of business in said town, which are not inconsistent with the laws and the Constitution of this State; to punish by fine and imprisonment or both, in the discretion of the Mayor, said Mayor hereby being specifically clothed with authority to try offenders against the ordinances of said town, and is empowered to punish such offenders by a fine of not more than $50.00 or by work on the public streets of said town not exceeding thirty days, either or both of such penalties. The Mayor and Council shall have authority to fix the costs in the violation of the ordinances of said town, and upon conviction, said costs shall be taxed against the offender so convicted. Street duty. General powers. SEC. 8. The Mayor and Council shall be empowered to levy and collect taxes for the support of the government of said town not to exceed one mill on the assessed value of the property of said corporation, with which shall be paid the compensation allowed the Mayor and Councilmen and all other employees of the said town of Luella. Taxation. SEC. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912.

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MABLETON, TOWN OF, INCORPORATED. No. 626. An Act to incorporate the town of Mableton, in the County of Cobb, State of Georgia; to define the corporate limits of the same; to provide for a Mayor and Councilmen and other officers for said town, to prescribe their manner of election and their term of office; to prescribe and confer on said Mayor and Councilmen certain duties, powers and privileges; to provide for the enacting of all necessary town ordinances; to provide penalties for the violation of same; to provide for the levy and collection of taxes, 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 Mableton, in the County of Cobb, State of Georgia, be and the same is, hereby incorporated, and the bounds and limits of said town shall include all of lots of land numbers 36 and 35, containing forty acres, each, more or less, and all of lot of land number 34 lying south of what is known as the Powder Springs and Atlanta public road, leading by the A. Y. Moss old stand, all of said land lying and being in the 17th district and second section of Cobb County, Georgia, and also all of lots of land numbers 1294, 1295, 1296 and 1297, containing forty acres, each, more or less, and all of lots of land numbers 1222 and 1223 lying south of what is known as the Powder Springs and Atlanta public road, leading by the A. Y. Moss old stand, all of said lots and parcels of lots lying and being in the 19th district and second section of Cobb County, Georgia. Said Powder Springs and Atlanta public road being the

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northern boundary line of the limits of said town whenever and wherever the said road touches either of the aforesaid lots of land, said limits only including so much of the aforementioned lots as lie south of the said road. Mableton, town of, incorporated. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be vested in a Mayor and four Councilmen, who shall have been bona fide citizens resident of said town for a full term of six months just preceding their election to office; said municipal government shall be styled the town of Mableton, 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 as is necessary for the use of said town. That the Mayor and Council of said town may pass such ordinances, rules, resolutions, by-laws and regulations not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, or of the United States, which they may deem necessary to the good government of said town, the protection of the property therein, the peace, comfort, good order and convenience of the citizens thereof, and to fix suitable penalties for violation of such rules, ordinances, by-laws and regulations, and enforce such penalties when they have been fixed; provided, the provisions of this Act shall not in any manner interfere with a certain contract or agreement which has been or is about to be, entered into between the Commissioners of Roads and Revenue of Cobb County and the Southern Railway Company with reference to closing certain roads or streets in the village of Mableton and opening a new street

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in the place thereof and also building a bridge across said railroad. Mayor and Councilmen. 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 any Saturday after the passage of this Act, after notice is given in writing signed by five or more of the citizens within the corporate limits of said town, and posted at three or more public places within said limits at least ten days before the day named in said election notice as the day for holding such election for Mayor and Council for said town. All other elections for Mayor and Councilmen shall be on the third Saturday in December in each year. The regular term of office for the Mayor and Councilmen of said town of Mableton shall be one year, commencing on the first Monday of each year, or until their successors are elected and qualified, except when a vacancy occurs by death, resignation or otherwise, such 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 Mayor, and persons so selected shall be duly qualified to fill such vacancies. Election of Mayor and Councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That all elections for officers of said town shall be held at some convenient point near the center of said town, and after the same has been selected it shall be known as the voting precinct of the town of Mableton, subject to be changed by the Mayor and Councilmen 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 or a Justice of the Peace of the militia in

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which said town is situated, and two such freeholders who, before entering upon the discharge of their duties, shall take and subscribe the following oath: All of us do swear that we will faithfully and impartially 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; so help me God. Said affidavit shall be signed in the capacity in which said manager shall act. Said oath may be administered by any person in said county authorized by law to administer oaths, or if no such person or officer can be conveniently had, said managers may each take and subscribe to said oath in the presence of each other. Elections, how held. SEC. 5. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be opened at 8 o'clock A. M., and kept open until 3 o'clock P. M., when the polls shall be closed and the managers of the election shall proceed to count the ballots, declare and certify the results thereof. They shall keep a list of all the voters who vote in the election, and a tally sheet showing the number of votes for each person voted for, and the person receiving the highest number of votes for the office voted for shall be declared duly elected, and the managers of the election shall give a certificate to that effect, which shall be recorded by the clerk of Council on the book of minutes, or other book kept for that purpose. Said record shall be evidence of the result of said election, and the authority of those elected to act. 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 and seal the same and

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deliver them to one of their number, to be by him kept sealed without inspection for at least thirty days, and at the expiration of said time he shall destroy them without inspection, unless notice of a contest of said election is filed, the other shall be placed in a package and sealed and forthwith delivered to the clerk of said town, who shall safely keep the same, until after the result of said election has been declared by the Mayor and Councilmen at a meeting held for that purpose. Elections, how held, continued. SEC. 6. Be it further enacted, That all persons residing in the town of Mableton who are qualified to vote for members of the General Assembly of the State of Georgia, who have paid all taxes due by him to said State, county and town, and have resided in said town six months just prior to the day of the election at which he offers to vote, shall be considered electors and entitled to vote in said town election, and no other shall be allowed to vote therein. Qualified voters. SEC. 7. Be it further enacted, That after his election, or appointment to fill a vacancy, as the case may be, and before entering upon the discharge of his official duties, the Mayor shall take and subscribe upon the book of minutes of said town before a Judge of the Superior Court, Ordinary, Justice of the Peace or Notary Public, who is ex-officio Justice of the Peace, the following oath: I, , do solemnly swear that I will, to the utmost of my ability, faithfully discharge all the duties of Mayor for the town of Mableton during my continuance in office as, in my judgment, will most promote the general welfare of the inhabitants of said town and the common interest thereof; so help me God. And the Mayor, after having been so qualified, the Ordinary, or any Justice of the Peace, shall have full authority to administer a similar oath to

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the Councilmen and other officers of said town, before entering upon the discharge of their official duties. The Councilmen shall likewise subscribe said oath in the book of minutes. Oath of Mayor and Councilmen. SEC. 8. Be it further enacted, That the salaries of the Mayor and Councilmen of said town shall be fixed by them at their first meeting after their election of 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, the salary of the Mayor shall not exceed the sum of fifty dollars per annum, and the salary of the Councilmen shall not exceed the sum of twenty-five dollars per annum. Said Mayor and Councilmen shall elect their marshals, clerk, treasurer 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 is necessary and usual in such cases, and prescribe an oath of office to be administered to them before entering on the discharge of their duties; provided, that no salary shall be paid any of said officers until a vote of a majority of said town shall recommend the payment of same, said vote to be taken at any regular election of Mayor and Councilmen of said town. Salaries of officers. Officers elected by Council. SEC. 9. Be it further enacted, 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 the duties of the Mayor whenever, from sickness, absence, or any cause the Mayor is disqualified, or cannot act. Mayor pro tem. SEC. 10. Be it further enacted, That there shall be a Mayor's Court in said town, to be held by the Mayor in

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the Council chamber, or some other convenient place in said town, as often as is necessary. Said Court shall have the right and power to preserve order and compel the attendance of witnesses, try all offenders against the laws and ordinances of said town; and to punish for contempt by imprisonment in the calaboose of said town not exceeding ten 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. Mayor's Court. SEC. 11. Be it further enacted, That the said Mayor's Court shall have full power and authority upon conviction, to sentence any offender against the laws of said town to hard labor on the streets of said town, or any other work in said town, for a period not exceeding fifty 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 an offender after conviction, in the discretion of the Court. Punishment for violation of ordinances. SEC. 12. Be it further enacted, 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 such manner as they prescribe by ordinance or resolution. And they shall have power 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 provide the impounding of such animals at the expense of the owners thereof, and for the sale of same to pay the expenses of such impounding, including feed bills. Nuisances. Impounding of animals. SEC. 13. Be it further enacted, That the Mayor and

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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 interference therewith, and they shall have power to locate all cemeteries therein. They shall have power to lay off and open new streets and alleys, to widen and straighten any street and alley in said town, and for these purposes they may condemn the owner's property in the manner now provided by law for condemning property for public use, the damages to be paid out of the treasury of said town. Control of streets, etc. SEC. 14. Be it further enacted, That the Mayor and Council of said town shall have 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 purposes within the corporate limits of said town any wines, beer, malt, alcoholic or intoxicating drinks of any kind, and to punish any person for violation of any such ordinances. Prohibition. SEC. 15. Be it further enacted, That the Mayor and Council of said town 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 the said Mayor and Council may deem necessary; to place or repair such crossings, or open up and keep open any and all crossings to any and all streets in said town; and the Mayor and Council 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 twentyfour hours after having been notified to do so by the Mayor,

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or the Mayor and Council of siad 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 execution therefor, and levy and collect the same as provided in the case of tax execution. Railroad crossings, repair of. SEC. 16. Be it further enacted, That said Mayor and Council shall have power and authority to require every male inhabitant of said town who has resided in said town twenty days, and is within the ages of from sixteen to fifty years, to work such length of time on the streets of said town as said Mayor and Council shall direct, not to exceed four days for any one year. Said persons so subject to work on the streets shall have the right to relieve themselves of such work by paying to said town authorities a commutation tax not to exceed five dollars per annum, to be fixed by ordinance, said work to be done and said commutation tax to be paid at such times as the Council may prescribe. Any person failing to work when required, and failing to pay such commutation tax, shall be punished in the manner prescribed by ordinace. Street duty. Commutation tax. SEC. 17. Be it further enacted, That in all cases where any tax, fines, forfeitures, commutation, assessment, claim or license fees are not promptly paid when due, the Mayor of said town, on his own motion, shall issue execution against such delinquent for such sums as are due, and it shall be the duty of the marshal of said town to levy the same on any property of the defendant in such fi. fa., and if it be personal property, advertise the same at three or more public places in said town for ten days and sell said property at the expiration of said time on the day named in said advertisement, between the hours of 10 o'clock A.

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M., and 4 o'clock P. M., to satisfy said fi. fa. If it be real estate so levied on, said marshal shall return the fi. fa., with his entry of levy thereon, to the Sheriff of Cobb County, that the property may be by said Sheriff advertised and sold in the same manner that all Sheriff's sales are made; provided, however, if a claim or affidavit of illegality be filed to such fi. fa. and levy, the same shall be returned to the Superior Court of Cobb County, in case of real estate, ten days before the term of Court at which it shall be tried; or if such fi. fa. be levied on personal property such fi. fa. shall be returned in like manner to the City or County Court of said county for trial, or if there be no City or County Court, said fi. fa. shall be returned to the Superior Court. In either case the claim or illegality shall be tried as all other cases of like kind. Executions, when issued and how enforced. SEC. 18. Be it further enacted, That the Mayor and Council shall have authority to make such contracts as they may deem necessary for said town; to purchase, hold and sell real estate and personal property. They shall have authority to levy and collect a tax of not exceeding fifty cents on one hundred dollars upon all property, real and personal, within the corporate limits of said town, and upon all money and choses in action whose owner resides within the corporate limits of said town, which are subject to taxation by the laws of said State, for the general purposes of said town; said tax to be assessed in the manner now prescribed by law for assessing taxes of municipal corporations, to be found in Sections 862 and 863, Chapter 2, Article 1, Page 222 of Volume 1, Code of 1910 of the State of Georgia, said property to be assessed at its value on the first day April of each year; provided, however, the tax payers shall first have the right to give in their tax under oath during the month of April, and when so given

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in said assessors may, in their discretion, decrease or increase said tax returns so as to get at its true tax value. The expenditures of the Mayor and Council, including the salary of the town officers, shall be paid out of the general funds of said town, upon the order of the Mayor and Council, by warrant drawn by the clerk of Council upon the town treasurer, and countersigned by the Mayor, or, in his absence, by the Mayor pro tem. Said Mayor and Council shall have the right, without said 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 license fees before engaging in business. Power to make contracts. Ad valorem tax. Tax assessments. Tax returns. Special taxes. SEC. 19. Be it further enacted, That said Mayor and Council shall meet for the transaction of business at such times and places as they may prescribe; provided, said meetings shall be held in the Council chamber of said town, or place used or designated as such. At all such 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. Meeting of Mayor and Council. SEC. 20. Be it further enacted, That the Mayor shall be the chief executive officer of said town, and shall see that all ordinances, rules, regulations and resolutions of the town are faithfully executed. He shall look after the finances of the town, making reports to the Council, from time to time, showing the receipts and expenditures of all departments, and the status of said town generally. He shall have general jurisdiction of the affairs of the town,

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not in conflict with the jurisdiction of the Mayor and Council as a body corporate. He shall have control of the 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 attest papers and administer oaths in said town and to issue warrants for offenses against the State laws committed in said town, and hold Court of inquiry and commit offenders to the county jail, in default of bond, in the same manner and under the same rules and regulations of the Justices of the Peace of said State. Mayor's duties and powers. SEC. 21. Be it further enacted, That the marshal, deputy marshal, or any policeman lawfully appointed in said town, may arrest without a warrant any person reported to him as having violated any ordinance of said town, and carry such offenders before the Mayor's Court for trial, and to this end may summon any citizen, or citizens as a posse to assist in such arrests. He shall inform the Mayor of the nature of the offence committed by the person, or persons arrested, and the Mayor shall enter on his docket 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, he or she shall at once be notified of the charge so preferred and be given a reasonable time to prepare for trial. Trial of offenders. SEC. 22. Be it further enacted, That the Mayor or Mayor pro tem., when any person, or persons are arraigned before the Mayor's 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 may be adjourned to, and the accused shall be required to give bond and security

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for his appearance at the appointed time for trial, and from time to time until said case is disposed of, 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 the said rule nisi. The Mayor, Mayor pro tem., or acting Mayor, shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be, by order of the officer presiding, declared forfeited to the town of Mableton. Appearance bonds. Forfeiture of bonds. Cash in lieu of bond. SEC. 23. Be it further enacted, That it shall be the duty of the marshal of said town to prosecute all offenders against the State laws, where the offense is committed within the corporate limits of said town, and to that end they shall swear out warrants, or cause the same to be done, and arrest such offenders and carry them before the Mayor of said town, or some other judicial officer, for trial and commitment, and such officer shall hold a Court of inquiry and commit or discharge the accused under the same rules that obtain in such cases before a Justice of the Peace. It shall be the duty of the marshal of said town to keep order in said town; to serve all orders and execute all judgments of the Mayor's Court, and discharge all other duties imposed on him by the laws, rules, ordinances and regulations of said town, and all orders, processes, writs and fi. fas. shall be directed to the marshal of said town and signed by the Mayor thereof. Commitments. SEC. 24. Be it further enacted, That the Mayor and Council of said town shall fix by ordinance the fees to be

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charged by the officers of said town for the services performed by them, not to exceed the fees 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 more fees than is allowed by such ordinance. Fees of officers. SEC. 25. Be it further enacted, That the expenditures of said town government, and the compensation of its officers, shall 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 into his hands, with a memorandum showing the source from whence it came, and he shall in like manner make entries on said book of all sums paid out by him, to whom paid, the date of payment and the nature of the claim paid. He shall also take from the party a receipt for the amount so paid; said book and receipts to be subject to the inspection of the Mayor and Council, or any one of them, at all times, and to a reasonable inspection by any citizen of said town. Expenditures for town government. SEC. 26. Be it further enacted, 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 on the streets and elsewhere in said town such persons as are convicted for violating ordinances of said town and sentenced to work in said chaingang. And the Mayor and Council are empowered to pass all necessary rules and laws for the regulation of the same, not in conflict with the laws of the State of Georgia. Chain-gang. SEC. 27. Be it further enacted, That the Mayor and Council of said town shall have power and authority to

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institute all sanitary measures necessary to the preservation of the public health, and likewise for the preservation and regulation of infectious and contagious diseases, and exercise absolute power over the subject of quarantine, personal or otherwise, penalties for the violation of which shall be fixed by ordinances. Sanitation. SEC. 28. 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 19, 1912. MACEDONIA, SCHOOL DISTRICT.OF, INCORPORATED. No. 584. An Act to incorporate the Macedonia School District, in Dodge County, and define its limits, 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 and the ratification of the same, as hereinafter provided, there shall be established a corporate school district in and about Macedonia school house, in said County of Dodge, to be known as the Macedonia School District, which district shall take in and comprise the following lots or parts of lots of land in said county: 100, 101, 110, 111, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 160, 161, 162 and

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all that part of lots numbers 163, 164, 165, 170, 171, 179, lying on the northeast side of Gum Swamp. Macedonia, school district of. Limits defined. SEC. 2. Be it further enacted, That the management and control of all schools in said district shall be vested in a board known as the board of education composed of three white male persons, each of whom shall reside in the limits of said school district. All members of said board shall be of good moral character and favor education, and the said board of education by the prescribed name and style shall have perpetual succession, have and use a common seal, have a right to sue and be sued and shall have power to purchase, receive and hold to them and their successors in office for benefit of said school in any estate, real or personal, and of every kind and character. Board of Education. SEC. 3. Be it further enacted, That the present board composed of N. J. Nicholson, president, S. E. Horne, vicepresident, and C. N. Brown, secretary and treasurer, be and the same are hereby made the board of education for said district to hold until the first Saturday in December, 1912, on which there shall be held an election in said district to select a board of education for the year 1913. Present board. Election of members of board. It is further provided, That at the time of said election the candidate receiving the largest number of votes shall be declared elected for a term of three years, the member receiving the second largest number of votes shall be declared elected for two years, and the member receiving the third largest number of votes shall be declared elected for one year. It is further provided, that on the first Saturday in December of each succeeding year there shall be an election held to elect a successor to the retiring member of said board.

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SEC. 4. B it further enacted, That immediately after the passage of this Act, after advertising same as provided by law, there shall be held an election at the school house in said district, which said election shall begin at 8 A. M. and close at 4 P. M., and be participated in only by the registered voters of said district, which said election shall be for the purpose of obtaining a sentiment of the qualified registered voters of said district, on the question of making this Act permanent and ratifying the same. Those favoring the ratification of this Act shall have written or printed on their ballots the words For Corporate School District. Those opposed to the ratification of this Act shall have written or printed on their ballots the words Against Corporate School District. The returns of said election shall be immediately sent to the Ordinary of Dodge County. If a majority of the registered voters voting in said election shall vote for corporate school district, the Ordinary shall then declare this Act ratified, and the same shall become of full force. If a majority of the registered voters voting in said election shall vote against said corporate school district, then this Act shall be of no effect and void; provided, that by a petition of one-fourth the qualified voters of said district the Ordinary of Dodge County shall call another election once each year thereafter until this Act shall be ratified as hereinbefore provided. Election for ratification of this Act. Subsequent elections SEC. 5. Be it further enacted, That said board of education immediately following each election, shall organize by electing a president, a vice-president and a secretary and treasurer. Which president and vice-president shall be members of said board, and which secretary and treasurer may or may not be a member of said board. No member shall receive any compensation for his services except the secretary and treasurer, whose compensation shall be fixed

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by the board at the beginning of their terms of office, and shall not be thereafter changed during said term. The secretary and treasurer shall give good and sufficient bond, to be fixed and approved by the board, and it is further provided, that said secretary and treasurer may be removed from office by the board of education for sufficient cause in their discretion. President. Vice-President and Secretary of Board. SEC. 6. Be it further enacted, That said board of education shall have the power to adopt a system of public schools in said district and to elect a superintendent and prescribe his duties, and to remove him for cause, in their discretion; to employ, suspend or remove teachers and fix their compensation by salary and otherwise; to take and hold title to such property; to make such rules and regulations for the government of themselves and such schools as they may deem proper, not in conflict with the laws of this State, and to do any and all other things to promote the educational interests of said district not in conflict with the provisions of this Act, or the laws of this State; provided, that said board shall have the power to purchase property where the purchase price exceeds five hundred dollars, or sell it without the consent of a majority of the qualified voters of said district to be ascertained by an election to be held for that purpose, notice of which election shall be given by said board for twenty days prior to the holding of the same, and which election shall be in accordance with the laws governing the election of members of the Legislature, and in which election the returns shall be made to the board of education of said district who shall publish the same, and any citizen may contest the legality of said election or the correctness of said returns in the same manner as contests are made in the election of Justices of the Peace and Constables; provided,

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further, that said board may purchase property sold under tax executions issued for taxes to support the school system of the district as well as fuel, crayons, erasers, and other articles of necessity to meet the current demands of the schools without an election. System of public schools. SEC. 7. Be it further enacted, That the board of education for said district shall have power, and it shall be their duty, to fix the rate of tuition for non-resident pupils. They shall receive from the State School Commissioner direct, the district's share of the public school fund, and it shall be the duty of the State School Commissioner to pay said money to said board. Said board shall give any and all information concerning said school district to the State School Commissioner that may be demanded by him. They shall determine the amount necessary to be raised by taxation on all the property of the district which, augmented by the public school fund and other incomes of the district, will, when economically administered, pay the current expenses of said school system; provided, the rate of taxation shall not exceed one per cent. Said board shall ascertain from the tax returns made to the Tax Receiver, and from the returns made to the Comptroller-General, the total value of all property in said district subject to taxation for county purposes, and a regular digest of all such property in said school district shall be made in a book kept for that purpose by the board of education of said district. At or before the time of fixing the rate of taxation for the county, said board shall levy such rate on the property thus found as will raise the total amount to be collected. Said board of education at or before the time for fixing the rate of said county by the proper authorities thereof, shall certify to said authorities and to Comptroller-General of the State, the rate of taxation fixed for said school district, and said

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authority of said county shall levy such special tax at the same time and in the same manner as is now prescribed for levying taxes for county purposes. A copy of the special tax digest of said district shall be furnished by said board to the Tax Collector of the county, and it shall be his duty to compute and collect said taxes, including their pro rata share of the dog tax, and turn same over to said board, as well as tax received for said district from railroads and other corporations that make their returns to the Comptroller-General, taking their receipt for same, and said Tax Collector shall receive a compensation therefor two and one-half per cent. of the amount collected. In any case in which it is impossible to determine from the tax returns made to the Tax Receiver of the county the value of the property of any citizen situated in said district, the secretary of the board of education for said tax payer requiring him to make returns within five days to said secretary of his property situated in said district and subject to taxation. Should said returns be unsatisfactory to said board of education, the same shall be rejected and submitted to arbitration as is now provided by law for such cases when returns are rejected by Tax Receivers. Tuition of non-residents. Public school funds. School tax. All property, both real and personal, including franchise belonging to railroad, telegraph, and telephone companies and to all other corporations which are now required to make their returns to the Comptroller-General of this State, which is in the taxable limits of said district shall be and the same is hereby made subject to taxation by said school district as fully and completely as is the property of other corporations within such taxable limits. It is hereby made the duty of every such corporation in this State in addition to the facts now required to be shown in their returns to the Comptroller-General, to also show

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in said returns the value of such corporation's property in said district. The rolling stock, franchises, and other personal property of such corporations shall be distributed to said school district on the same basis that rolling stock, franchises and other personal property are distributed to counties and municipalities under the law, that is as the value of the property in said school district is to the whole located property, real and personal, of such corporations such shall be the amount of rolling stock, franchises and other personal property to be distributed for taxing purposes to said school district and the same shall be collected as is now provided by law for such purposes. Tax on property of corporations. SEC. 8. Be it further enacted, That immediately after the ratification of this Act the board of education shall cause a school census to be taken in said district by a competent party of all children, both white and colored, who are entitled to participate in the educational funds and shall report same to the County Commissioners of Dodge County, and shall turn over to the secretary and treasurer of said board their remaining proportion of the funds for 1912. School census. SEC. 9. Be it further enacted, That said board of education shall provide separate schools for white and colored and shall have full supervision over same. Separate schools for white and colored. SEC. 10. Be it further enacted, That the board of education for said district shall annually make a report to the public in writing of the condition of said schools, and oftener if petitions to do so by one-fourth the voters of the school district and they shall accompany their reports with a full itemized statement of all money received and expended by said board. Reports.

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SEC. 11. Be it further enacted, That the board of education of Dodge County shall not establish any other school or contract with any other person to teach a school of any character in said district, and all property now used by the board of education for school purposes in said district shall be turned over to the board of education for said school district and deeds made to them, and the complete control of such property shall be vested in said board of education for said school district. Establishment of schools. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. MACON, CITY OF, CHARTER AMENDED. No. 402. An Act to create a new charter for the City of Macon, approved November 21st, 1893, 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 Section XXIV (24) of the Act approved November 21st, 1893, and Entitled an Act to create a new charter for the City of Macon, to consolidate the Acts relating to the rights and powers of the said corporations, and which said Section is found on page two hundred and forty-seven (247), of the published Acts for the year 1893,

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and which said Section provides for the compensation of the Aldermen of the City of Macon, be and the same is hereby repealed. Macon, City of, Sec. 24 of Act approved Nov. 21, 1911, repealed. SEC. 2. Be it further enacted, That from and after the passage of this Act, the compensation of each Alderman of the City of Macon shall be the sum of three hundred dollars ($300.00) per year, and which said sum shall be in full of all compensation that any Alderman shall be entitled to receive out of the treasury of the City of Macon, and which said sum shall be paid in monthly installments of twenty-five dollars ($25.00) each by the treasurer of the City of Macon, in the same manner as the salaries of other officers of said city are now authorized to be paid. Mayor and Aldermen, compensation of. SEC. 3. Be it further enacted, That whenever the Mayor and Council of the City of Macon shall transfer any execution for paving and improving the streets, lanes and alleys of the City of Macon, or for laying sidewalks within the corporate limits of said city, as now provided by the charter of the City of Macon, the marshal of said city shall have full power to enforce the collection of such transferred execution for the use or benefit of such transferee by levy and sale of the respective lots, parcels of ground, or property against which said executions are liens. Transfer of executions. SEC. 4. Be it further enacted by the authority aforesaid, That the Act approved August 18, 1911, creating a board of water commissioners in the City of Macon be, and the same is hereby amended by striking the word highest at the end of the fifteenth line in the third paragraph of Section 6 of said Acts as appears on page 1371 of the published Acts of 1911, inserting in lieu thereof the word lowest, so that said paragraph when amended shall read

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as follows: To employ some expert hydraulic engineer, whose duty it shall be to have general superintendency of operation, construction and extension of said plant; to require all employees handling any of the moneys touching and concerning the operation and management of said plant, or in any way connected with the purchase of any supplies for the operation, construction and extension of said plant, to give a bond for the faithful discharge and performance of their duty, in a sum to be fixed by the commission; that it shall be the duty of said board of water commissioners, and they are hereby authorized to make all necessary extensions and do all necessary work for the maintenance and improvement of said water works system, and to carry on business of the water works, and to make such extensions and improvements, either by letting contracts to the lowest bidder, or by doing said work by its own force, as in their judgment they deem best, out of the money received from the sale of the bonds as hereinbefore provided, or out of the income from the water works after paying the expenses and setting aside of the amount of money necessary to pay the interest on the bonds, and a fund to assist in retiring the bonds; to select some reputable bank or trust company to act as a depository for the bonds as hereinbefore provided, and to receive and pay out in the manner herein provided, all sums of money collected by said board of water commissioners in the operation of said water plant or from any other source, and to receive and hold and pay out all moneys arising from the sale of bonds deposited with them by the Mayor and Council of the City of Macon, as herein provided. All other things being equal the bank or trust company paying the highest rate of interest on the daily balance shall be selected as trustee and depository. Said bank or trust company, at its own expense, shall give an indemnifying bond conditioned

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to save the Mayor and Council of the City of Macon, harmless in the faithful performance of its duties, and for the faithful accounting of all moneys deposited with it by said commissioners. Water Commissioners, and their duties. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same is, hereby repealed. Approved August 8, 1912. MARIETTA, CITY OF, CHARTER AMENDED. No. 483. An Act to amend the charter of the City of Marietta, which was approved on August 15th, 1904, and the Acts amendatory thereof, so as to abolish the present office of clerk as it is now provided for in said charter, and to authorize and empower the Mayor and Council of said city in lieu thereof to employ a clerk upon a salary instead of a commission, as now provided in said charter; to authorize the Mayor and Council to regulate the salary to be paid to said clerk, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the charter of the City of Marietta which was approved August 15th, 1904, and the Acts amendatory thereof be and the same are hereby amended, so as to abolish the office of clerk of Council, and change the manner of his

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compensation so that from and after the passage of this Act, the Mayor and Council of said city shall be, and they are hereby authorized and empowered to employ a clerk for the purpose of attending to all the duties now incumbent upon the clerk under said charter. Said clerk shall be selected by a majority vote of the Mayor and Council of said city, and for such period of time as said Mayor and Council may in their discretion see fit; provided, the salary of said clerk shall not exceed the sum of $150.00 per month, nor be less than the sum of $75.00 per month. Marietta, City of, clerk, his duties and compensation. SEC. 2. Be it further enacted, That before assuming the duties of his office, the clerk shall take and subscribe the same oath as is now prescribed for said clerk in said charter, and he shall likewise perform all the duties now required of him under said charter and execute the same bond that is now provided. The provisions of this Act shall only operate to change the manner and method of compensating the clerk of Council for said city, and provide for paying to said clerk a salary instead of a commission, and to regulate the term of his employment so as to place it in the discretion of said Mayor and Council. Oath of clerk. Effect of this Act. SEC. 3. Be it further enacted, That the said Mayor and Council shall at any time upon a majority vote thereof, discharge said clerk for any reason that to them may seem proper. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act being the same, are hereby repealed. Approved August 16, 1912.

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MARIETTA, CITY OF, CHARTER AMENDED. No. 597. An Act to amend the charter of the City of Marietta, in the County of Cobb, so as to authorize the Mayor and Council of said city, upon the written application of a majority of the property owners fronting any public street of said city, the majority to be ascertained by the property frontage thereon, to construct cement or concrete sidewalks, copings and waterways upon such street or streets, and otherwise permanently improve the sidewalks thereon; to assess the adjoining properties along such sidewalks with the cost thereof, and to authorize the issuance of execution against such properties and the owners thereof for the cost of such sidewalks, copings, waterways and improvements, and to enforce the same as other city executions are enforced by levy and sale; to provide for furnishing a statement of the cost of such sidewalks to the owners or persons in possession of the properties improved, and to provide a method for the property owners to contest the amount of such cost by affidavit of illegality to the executions issued therefor, and to provide said affidavit of illegality as a remedy to the property owners to contest the cost of any and all improvements that may be done by the Mayor and Council of said city upon the streets and sidewalks thereof whenever said city shall insist upon the property owners being liable therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of

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this Act the charter of the City of Marietta, in the County of Cobb, be, and it is hereby amended so as to authorize the Mayor and Council of said city, upon the written application of a majority of the property owners fronting upon any public street of said city, or section of any public street of said city, the majority to be determined by the property frontage on such street or section of street, to construct cement or concrete sidewalks, copings and waterways upon such street or section of street, and otherwise permanently improve the sidewalks thereon, and charge the cost thereof to the adjacent property owners. Said Mayor and Council are authorized to grade, straighten and make such other improvements in said sidewalks as are necessary or proper for the permanent improvement of the same, and to this end they are authorized and empowered to condemn any property that may be necessary for such purposes, in the manner now authorized and provided by the statutes of this State for the exercise of the powers of eminent domain. Marietta, City of, sidewalks. SEC. 2. Be it further enacted by the authority aforesaid, That when any sidewalk of said city or section thereof may be improved under the provisions of this Act, the Mayor and Council shall keep an accurate account of the cost of the same and shall furnish to each abutting property owner a written statement showing his or her pro rata part of the cost of such improvements, and it shall be the duty of such property owner to pay to the clerk of the Mayor and Council of said city the amount of his or her pro rata part of such improvements within thirty days after the receipt of such notice. If such property owner resides within the corporate limits of said city the notice shall be served personally upon him by the authorities of said city, and if a non-resident of said city, it will be

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sufficient service that said notice be mailed to said property owner at his last post-office address known to the clerk of said Mayor and Council. In the event the residence of such owner is not known, it will then be sufficient to serve said notice upon the person who may be in possession of the property abutting on any sidewalk that may be improved under the provisions of this Act; provided, the provisions of this Section shall only apply to the following streets in said city, viz.: Church, Cherokee, Roswell, Lawrence, Atlanta, Powder Springs, Whitlock Avenue, Kennesaw Avenue and Washington Avenue and the Public Square of said city. Cost of improving sidewalks. Applicable to certain streets only. SEC. 3. Be it further enacted by the authority aforesaid, That if any person or persons owning property in said city abutting on any sidewalk so improved shall fail or refuse to pay to the clerk of the Mayor and Council his pro rata part of the cost thereof, as provided in the last preceding Section, at the expiration of the thirty days after the giving or mailing of the notice provided in said last preceding Section, the clerk of the Mayor and Council will be authorized to issue execution against such property owner or owners for his or their full pro rata part of the cost of such improvements. Said execution will bear test in the name of the Mayor of said city, and specify the improvements for which it is issued. It shall be issued against the owner and also the property abutting upon the sidewalk so improved, and will be a lien against such property from the date of the order or ordinance providing or authorizing such improvements, and will draw interest at the rate of seven per cent. per annum from the date on which it is issued. Said execution when so issued shall be entered upon the execution docket of the Superior Court as other executions from other Courts are entered, and

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shall be delivered to the marshal of said city, who shall execute the same by levying and selling the property described therein for the amount due, together with all cost that may accrue thereon. The law applicable to sales under other executions issued by said city shall apply as to the levy, notice, advertisement and sale made under said execution, and said marshal shall have authority to execute deeds when the property is sold, and deliver the immediate possession thereof to the purchaser. Collection of assessments. Lien of assessments. SEC. 4. Be it further enacted by the authority aforesaid, That should any defendant in such execution, or the owner of any property on any sidewalk so improved, desire to contest the amount of the cost of such assessment, the legality of the proceedings touching the improvement of any such sidewalk, or the right on the part of said city to enforce such execution against the property so involved, he may do so by filing with the marshal of said city after such execution has been levied his affidavit of illegality wherein he shall specifically point out how and wherein said execution is proceeding illegally, and the grounds upon which he contests the same. He shall also state what amount he admits to be under said execution and shall pay said amount to the levying officer before the levying officer shall be required to receive or accept such affidavit of illegality. When the marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court where it shall be tried at the first term of the Court under the law of this State that is applicable to the trial of illegalities, and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right of appeal to the Supreme

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Court as in cases of illegality originating from executions issued by the Superior Courts of this State. Illegalities. SEC. 5. Be it further enacted by the authority aforesaid, That the remedy by affidavit of illegality provided for in the last preceding Section shall apply to all other contests between said city and the property owners thereof for any improvements done under any provisions of the original charter of said city, or any amendment heretofore made to the same and shall especially apply to the provisions of the original charter for paving and improving the public square, sidewalks thereon, and streets leading from said public square, and also to the Act amending said charter approved August 13th, 1910, provided for the building of cement, concrete, brick, wooden block or such sidewalks as the City of Marietta deems necessary for said city. Said amendment approved August 13th, 1910, is superseded by this amendment as to any future improvements, but the validity of said amendment of August 13th, 1910, is retained in so far as the same may be necessary for the enforcement of any claim in favor of said city against any property owner or owners for improvements heretofore made upon any sidewalk or sidewalks of said city, and the passage of this Act will not in any way impair the right of said city to enforce any such claim or claims against any property owner or owners of said city. Illegalities, generally. SEC. 6. Be it further enacted by the authority aforesaid, That all laws in conflict herewith are hereby repealed. Approved August 19, 1912.

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MARTIN, TOWN OF, CORPORATE LIMITS EXTENDED. No. 444. An Act to extend the corporate limits of the town of Martin, in Stephens County, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the corporate limits of the town of Martin, in the County of Stephens, State of Georgia, be, and the same are, hereby extended so as to include the territory in the Counties of Stephens and Franklin as described by the following boundaries: Beginning on an oak tree on the east side of and near the Elberton Southern Railway at the present town limits north of the center of the town; thence a westerly course across Clark's Creek to the land corners of W. A. Mitchell (the E. A. Mitchell home place) and Brant Jones; thence a westerly course along said Mitchell and Jones lines to M. M. McMurry's line; thence a south course with M. A. Looney's line to the public road; thence straight on with said Mitchell and Looney line to the land corner of G. E. Smith and M. A. Looney; thence a westerly course across the Jenkins Ferry road, across the land of E. M. Holland, to the land corner of E. M. Holland and J. M. and T. M. Looney; thence a southerly course along said Holland line to the public road that leads to Tom's Creek; thence on the north side of said road to the bend of said road just northeast of J. I. Adams' house; thence across said road along said E. M. Holland's line and J. I. Adams' line to the Jenkins Ferry road; thence across said road and a direct line with G. E. Smith's and J. I. Adams' line to

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W. T. Moseley's line; thence along W. T. Moseley's line on the east side of his place to W. J. Mitchell's line; thence along W. J. Mitchell's line to W. R. Odell's line; thence along the west side of W. R. Odell's line to the branch between Odell's, Wayne's and King's; thence a straight line to the head of the branch in H. R. Dean's field, westwardly from said Dean's house, near John Quall's house; thence an easterly course to Clark's Creek, including H. R. Dean's farm and Wayne's farm, and crossing Clark's Creek at the old W. M. Baldwin and John Dean line; thence an easterly course to the Carnesville public road that leads by J. E. Brown's to a point fifty yards south of the tenant house south of J. E. Brown's; thence an easterly course across said farm that J. E. Brown now lives on to John McCall's line on the branch; thence along with McCall's line south to J. T. McCall's line; thence along J. T. McCall's line around to the Elberton Southern Railway and thence across said railway to T. R. Gwin's and Ivan Thomas' line; thence a northward course to a point fifty yards east of the J. D. Brown old place, and straight on to the branch to a rock corner; thence a straight line on northward to an old road just east of Sarah Brock's dwelling; thence along the land line of W. A. Mitchell and T. R. Yow to the public road leading by the home of W. A. Thomas; thence along said road east to the old ridge road running south through the Earl Langford place; thence southeast along said ridge road to the land line between the Earl Langford place and the land of W. A. Thomas where said Thomas now lives; thence a southwest course to the old road running through the Sarah Brock field just east of the Brock house; thence a northerly course to the line of T. R. Yow and J. F. Cooper; thence a westerly course to the beginning corner, near the Elberton Southern Railway, north of the oil mill. Martin, town of, corporate limits extended.

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SEC. 2. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved August 13, 1912. MAYSVILLE, TOWN OF, CHARTER AMENDED. No. 469. An Act to amend an Act to incorporate the town of Maysville, in the Counties of Jackson and Banks, approved August 18th, 1905, so as to authorize and direct the State School Commissioner to pay over to the treasurer of the town of Maysville who is ex-officio treasurer of the school board of town of Maysville, the pro rata share of the State and county public school fund to which said town is entitled according to the number of children of school age residing within the corporate limits of said town, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section eleven of the Act incorporating the town of Maysville, in the Counties of Jackson and Banks, approved August 18, 1905, be amended in the (9) ninth line thereof by striking out the words County School Commissioners of Jackson and Banks Counties and inserting in lieu thereof the words State School Commissioners. Also striking out the words County School Commissioners of Jackson and Banks Counties in the 14th and 15th lines of said Section eleven of said Act, and inserting in lieu thereof the words State School Commissioner, so that said Section when so amended will read as follows:

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That it shall be the duty of the principal of said school at such time as other teachers in the public schools in the Counties of Jackson and Banks are now required by law to make and file under oath with the State School Commissioner a full report of all the children between six and eighteen years who have attended said school and to designate in which county the parents or guardian of said child or children reside and thereupon the said State School Commissioner shall pay to the treasurer of the town of Maysville, Georgia, who is ex-officio treasurer of the school board in and for said town of Maysville, the just proportion of the public school funds of said State and county to which the pupils of these respective counties may be justly entitled under the laws of this State governing the distribution of the public school funds thereof, the same to be paid to the treasurer of the town of Maysville who is ex-officio treasurer of said school board at such time and in the same manner as said public school funds are paid to the teachers of public schools where by law the State School Commissioner is required to pay to any particular school or school board said pro rata share of said school fund is to be paid direct to the treasurer of the town of Maysville, who is ex-officio treasurer of said school board. Maysville, town of, public school funds. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and they are, hereby repealed. Approved August 17, 1912.

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METTER, TOWN OF, CHARTER REPEALED. No. 414. An Act to repeal an Act to incorporate the town of Metter, in the County of Bulloch, and for other purposes, approved August 17, 1903, and to dispose of the property rights and obligation of said town. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: SECTION 1. That the Act approved August 17th, 1903, entitled an Act to incorporate the town of Metter, in the County of Bulloch, and for other purposes, be and the same is hereby repealed. Metter, 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 Metter. SEC. 3. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith, are repealed. Approved August 9, 1912. METTER, CITY OF, NEW CHARTER FOR. No. 612. An Act to incorporate the City of Metter; to provide for its government; to define its rights and liabilities; to

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provide for the issuance of bonds for schools 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 Bulloch, in said State, herein designated, shall be and become a body corporated under the name and style of the City of Metter, and shall be invested besides the powers herein specially 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. Metter, City of, new charter. SEC. 2. Be it further enacted, That the corporate limits of said municipality shall extend for one-thousand three hundred and twenty (1320) yards in every direction from the center of the Central of Georgia Railway depot as now located in Metter, 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 twelve months preceding the election. Their term of office

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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 in each year an election shall be held in said city for Mayor and Councilmen for the succeeding year. Said election shall be held on the second Tuesday in December, 1912, and each year thereafter, as aforesaid, and presided over by three freeholders of the City of Metter. The managers shall take and subscribe the following oath: We do solemnly swear that we will faithfully and impartially conduct the election and make true returns thereof to the clerk of the City Council who shall declare the results of the election, which oath may be administered by any person authorized by law to administer oaths. Election of Mayor and Councilmen. 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 forth with call an election to take place after posting notice thereof in three public places in said city for ten days before the time fixed. All special elections shall be similarly called and advertised. Special elections. SEC. 6. Be it further enacted, That at all municipal elections, all persons who have resided within said municipality for three months immediately preceding the election, and who would be entitled to vote for members 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 1065 of the Penal Code of 1911. Qualified voters. SEC. 7. Be it further enacted, That all officers of said

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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 and bond 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. SEC. 9. Be it further enacted, That said City Council shall have power to elect such marshal, clerks, treasurer and other subordinate officers as they may deem best for the proper carrying on the powers herein granted and prescribe the duties of said officers, and provide compensation for the Mayor, Council, and other officers of said city. Officers elected by Council. 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. Mayor's duties and powers. 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 vouchers countersigned by the Mayor or in his absence Mayor pro tem., as clerk he shall keep an accurate record of all the meetings of the City Council. He shall also be charged with the keeping of the city tax books

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as herein provided, and with the oversight of the collection of the taxes. Treasurer and his duties. 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 also prepare a list and turn over to their successors in office a statement of all unpaid taxes. Statements of retiring Council. 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 the Mayor pro tem. may call a meeting of the Council. At all meetings of the City Council four shall be a quorum. Meetings. 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 in the County of Bulloch, 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 the right to levy all tax fi. fas. issued by the recorder of said city and in case of levy upon personal property advertise same for ten days before sale and in case of levy upon real estate he shall turn the fi. fa. with his entry of levy thereon over to the Sheriff of Bulloch County and he, the Sheriff, shall proceed

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to levy and sell as provided by law in such cases. He shall have such other duties as the City Council may ordain. Marshal, his assistants and their duties. 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 electing thereto some citizen of the City of Metter. They shall also fill vacancies in the office of Councilmen or other officers of said city by electing one of the citizens of said city. Vacancies, how filled. 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 punish 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 45 days, one or more or all, in his discretion. From the decision of the Mayor in such case the accused may within three days appeal in writing to the City Council, who shall try the case with the same powers as defined above for 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 commitments therefor, and if 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. Mayor's Court, jurisdiction and powers. SEC. 17. Be it further enacted, That the City Council by ordinance may 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, may be established.

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SEC. 18. Be it further enacted, That certioraries from municipal Courts shall be as provided by law. SEC. 19. Be it further enacted, That said Mayor and Council shall raise revenue necessary to defray the expenses and pay the bonded indebtedness of said city government, by taxation, advalorem license and occupation taxes. They shall have the power to regulate the sale of merchandise and other commodities by license taxes, and to impose any special tax or occupation tax on dealers, agents, showmen, exhibitions and upon any and all occupations which may be carried on or engaged in within said city, limited only by the Constitution and laws of Georgia and of the United States. They may compel all persons sojourning in said city for the space of thirty days who are subject to perform road duty under the laws of Georgia to work upon the streets of said city not to exceed 10 days and may provide for the payment of a commutation tax in lieu of street work, if they think best, not to exceed six dollars per annum. Taxation. SEC. 20. 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 city 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 powers of Council. SEC. 21. Be it further enacted, That the City Council shall have full power over the existing streets and highways

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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 1911, Section 5206, and following Sections. All inhabitants in said city who would be liable to road duty in Bulloch 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. Street, etc. Street duty. Commutation tax. SEC. 22. 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, then 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 school system, the City Council may establish the same, reporting their action to the county board of education. Whether operating a system of its onw or remaining in said local tax school district the City of Metter is hereby empowered after the authorization thereof by an election held as provided by law, to issue bonds of said municipality in the sum not exceeding ten thousand dollars to raise funds for improving their building and equipping

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of suitable school houses upon such terms as the City Council may fix. Local tax school district not to be effected by this Act. Any change in school system submitted to voters. Bonds, election for. SEC. 23. Be it further enacted, That the said city is empowered to install a system of water works, sewerage, and electric or other lights, or eithr 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 herein-before provided, and may acquire lands without its corporate limits, and the City Council of said city shall have the authority to grant franchises by proper ordinances. Water works, sewerage and electric lights, bonds for. SEC. 24. Be it further enacted, That all property rights and obligations formerly appertaining to the town of Metter are vested as fully in the City of Metter as they were in said town. Property rights. SEC. 25. Be it further enacted, That B. B. Jones is hereby designated to act as Mayor of said city, and that A. J. Bird, L. P. Trapnell, E. F. Franklin, E. Daughtry and L. H. Sewell as Councilmen thereof until January 1st, 1913, and until their successors are elected and qualified. First Mayor and Councilmen. SEC. 26. Be it further enacted, That all laws and parts of laws in conflict herewith are repealed. Approved August 19, 1912.

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MIDVILLE, TOWN OF, CHARTER AMENDED. No. 485. An Act to amend an Act approved February 20th, 1877, incorporating the town of Midville, in the County of Burke, by striking the word fifty in line 22 of Section 4, and inserting in lieu thereof the words one hundred, and by striking the word sixty in line 23 of Section 4 and inserting in lieu thereof the words one hundred and twenty, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section four of the Act approved February 20th, 1877, incorporating the town of Midville, be amended as follows: By striking the word fifty in the 22nd line of said Section, and inserting in lieu thereof the words one hundred, and by striking the word sixty in line 23 of said Section and inserting the words one hundred and twenty, so that said Section when amended will read as follows: Section 4. Be it further enacted by the authority aforesaid, That the president and commissioners provided for in this Act, or a majority of them, shall hold their meetings at such times and places, in the limits of said town, as they may think proper, and shall have power to adopt such by-laws, regulations and ordinances as may in their judgment be necessary for the preservation of good order, security, peace and welfare of said town, not repugnant to the Constitution and laws of this State, or the United States;

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they shall have power to levy a tax on real and personal property within the limits of said town, not exceeding fifty per centum on the State tax for town purposes. Midville, town of, President and Commissioners, powers of. They may require license, not exceeding fifty dollars, on ten-pin alleys, billiard tables, and other establishments calculated to encourage idleness, and on all shows and exhibitions performing for the purpose of gain; and shall have power to regulate and prohibit the sale of intoxicating liquors within the limits of said corporation; provided, that in no case shall the license for the sale of liquor in said town be less than two thousand dollars; make ordinances for the abatement of nuisances, and remove obstructions from the streets of said town. They shall have power to punish offenders for a violation of the rules, regulations and ordinances of said town by fine not exceeding one hundred dollars, or imprisonment not exceeding one hundred and twenty days; and may require all road hands, living in said town, to work the streets thereof, not exceeding fifteen days in each year. The foregoing is the way the original Section would read as amended by this amendment, without reference to any other amendments which may have been made to said Section and such amendments are not to be in any way effected by this amendment, unless in conflict herewith. SEC. 2. All laws and parts of laws in conflict with this Act, are hereby repealed. Approved August 16, 1912.

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MILNER, TOWN OF, NEW CHARTER FOR. No. 423. An Act to establish a new charter for the town of Milner, in the County of Pike, to define its limits, to provide for a Mayor and five Councilmen for said town, to provide for the manner of their election and their term of office, to confer on said Mayor and Council certain duties, powers and privileges, to provide for all matters of municipal concern and cognizance, 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 embraced within the limits of one-half of a mile in every direction from the old Central Railroad Pumping Station and the same is hereby incorporated under the name and style of the town of Milner. Milner, town of, new charter, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be vested in a Mayor and five Councilmen who shall have been bona fide residents of said town for a period of six months just preceding their election to office, and said municipal government shall be styled the town of Milner and by that name is hereby made a body corporate, as such they shall have perpetual succession, and may have and use a common seal, may contract and be contracted with, sue and be sued, plead and be impleaded, hold or possess, sell and convey for the use of said town any real or personal property of any kind, or purchase such real or personal property

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as is necessary for the use of said town; that the said Mayor and Council of said town may pass such ordinances, rules, resolutions, by-laws and regulations not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, or of the United States, which they may deem necessary for the good government of said town, the protection of the property therein, the peace, comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for violation of such ordinances, rules, by-laws and regulations, and to enforce such penalties when they have been fixed. Mayor and Councilmen. SEC. 3. Be it further enacted by the authority aforesaid, That on the first Thursday in January, 1913, and annually thereafter on the first Thursday in each year there shall be held in said town an election for Mayor and five Councilmen for said town, who shall hold their office for one year from the date of their election, or until their successors are elected and qualified, except when a vacancy occurs by death, resignation or otherwise, when the remaining members shall fill such vacancy of Mayor or Councilmen by an election held by them for such purpose at any time to fill the unexpired termof the person, or persons causing such vacancy. Election of Mayor and Councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That all elections for officers of said town shall be held at the usual place of holding elections in the town of Milner, which shall be known as the voting precinct of the town of Milner subject to be changed by the Mayor and Council after ten days' notice in writing posted at three or more public places in said town, the managers at all elections in and for said town shall be three freeholders, all of whom shall be residents of said town, or a Justice

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of the Peace of Pike County, and such freeholders shall before entering upon the discharge of their duty take and subscribe to the following oath: All of us do swear that we are qualified to hold an election of the town under its charter; that we will faithfully superintend this day's election, and make a just and true return thereof; that we will let no one vote in this election unless we believe he is entitled to vote in the same, nor will we knowingly prohibit any one from voting who is by law entitled to vote. Said affidavit shall be signed by such managers in the capacity in which he acts, said oath may be administered by any person in Pike County authorized by law to administer oaths, or if no such officer can be conveniently had such managers may each take and subscribe to said oath in the presence of each other. Elections, how held. 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 ten o'clock A. M. until 3 o'clock P. M. when the polls shall be closed and the managers of all the elections shall proceed to count the ballots and declare the result; said election managers shall certify two lists of voters and two tally sheets, place one of each in the ballot box and securely seal the same and shall forthwith deliver the same to the clerk of the town, who shall keep the same with seal unbroken for thirty days, and if no contest is then instituted shall destroy the same without himself inspecting or allowing any one else to inspect said ballot. The other tally sheet and list of the voters together with a certificate showing the result of the election and signed by the manages shall be placed in a sealed package and forthwith delivered to the Mayor, who shall keep the same until the first meeting of the town Council at which

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time and place he shall open the same and declare the result of the election in the presence of the Council. Elections, how held continued. Returns. SEC. 6. Be it further enacted by the authority aforesaid, That all persons residing in the town of Milner, who are qualified to vote for members of the General Assembly of the State of Georgia, who have paid all taxes due by him to said State, county and town, and done all work required of them on the streets of said town, and have resided in the said town for six months just preceding the day of election, shall be considered electors and entitled to vote in said town election, and no other shall be allowed to vote therein. Qualified 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 to the following oath: I do solemnly swear that I will well and truly perform the duties of Mayor (or Councilmen as the case may be) of the town of Milner, and that I will support the Constitution and laws of the State of Georgia and the Constitution and laws of the United States, 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 Councilmen of said town shall be fixed by them at their first meeting after their election and the same entered on the minutes, and no change shall be made in their salaries during their term of office; provided, however, the salary of the Mayor shall not exceed the sum of fifty dollars per annum; said Mayor and Council shall elect their marshal, clerk and treasurer, and such other officers as are in their opinion necessary to carry out the provisions of this charter, fix

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their compensation and take such bonds as are necessary and usual in such cases; and to prescribe an oath of office to be administered unto them before entering upon the discharge of their duties. Salaries of Mayor and Councilmen. SEC. 9. Be it further enacted by the authority aforesaid, That at the first meeting of the Mayor and Council after their election in each year they shall elect one of their number as Mayor pro tem. who shall have authority to discharge all the duties of the Mayor whenever from sickness, absence, or any other cause the Mayor is disqualified, or cannot 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 held by the Mayor in the Council chamber, or some other convenient place in said town as often as is necessary; said Court shall have the right and power to preserve order and compel the attendance of witnesses and to punish for contempt by a fine not to exceed five dollars, or in default of such payment by imprisonment in the guard house of said town not to exceed five hours. In the absence of both, or the disqualification of the Mayor and Mayor pro tem. of said town, any member of said Council may preside over said Court and exercise the power of the Mayor of said town in the trial of cases. 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 an offender against the laws of said town to pay a fine not to exceed one hundred dollars, or in default of payment of same to work on the streets of said town for a period not to exceed thirty days, or to imprisonment in the guard house not to exceed

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thirty days, any or all of these penalties may be imposed in the discretion of the Mayor then and there presiding as such; provided, that all persons sentenced to work in said town shall when not at work be confined in the guard house of said town. Punishment of offenders. 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 under such manner, as they may prescribe by-ordinance or resolution, and it shall be their duty to prevent by ordinance and suitable penalties the running at large of stock, horses, mules, cattle, sheep, goats, hogs, or other animals in said town and to provide for the impounding of such animals at the expense of the owner thereof and for the sale of the same to pay the expense of impounding including feed bills. Abatement of nuisances. Impounding of animals. SEC. 13. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town shall have complete control of the streets, alleys, sidewalks, bridges, cemeteries and all public property in said town. They may prohibit any encroachment thereon, or interference therewith. They shall have the power to locate cemeteries and regulate burials therein. They shall have power to lay off and open new streets and alleys and straighten streets that have already been opened. They may condemn private property in the manner now provided by law for condemning private property for public uses, the damages to be paid out of the treasury of said town. Control of streets, alleys, sidewalks, bridges and cemeteries. SEC. 14. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have power to

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require every male inhabitant of said town who have resided in said town for thirty days and is within the ages of from sixteen to fifty years, to work such length of time on the public streets of said town as said Mayor and Council may direct, not to exceed ten days in any one year. Said persons so subject to work on said streets shall have the right to relieve themselves of such work by paying to said town authorities a commutation tax not to exceed the sum of four dollars per annum to be fixed by ordinance. Said work to be done, or said commutation tax to be paid at such time as the Council may prescribe; any person failing to work when required and failing to pay said commutation tax shall be punished in the manner prescribed by ordinance. Street duty. Commutation tax. SEC. 15. Be it further enacted by the authority aforesaid, That the said Mayor and Council of said town shall have 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 incorporate limits of said town any wine, beer, malt, alcoholic or intoxicating drinks of any kind or nature, and to punish any person for violating such ordinance as they may deem best. Prohibition. SEC. 16. Be it further enacted by the authority aforesaid, That in all cases where any taxes, fines, forfeitures, commutation or license fees are not promptly paid when due, the Mayor of said town on his own motion shall issue execution against such delinquent for such sums as are due and it shall be the duty of the marshal of said town to levy the same on any property of the defendant in such fi. fa., and if it be personal property, advertise the same at three or more public places in the said town for ten

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days, and sell said property at the expiration of said time on the day named in said advertising 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 the entry of levy thereon to the Sheriff of the county in which said land lies and said property shall be by said Sheriff advertised and sold in the manner that all Sheriffs' sales are made and the proceeds of such sale applied to the satisfaction of such fi. fa. as provided by law. Executions and their enforcement. SEC. 17. Be it further enacted by the authority aforesaid, That the Mayor and Council shall levy and collect for town purposes a tax not to exceed three-fourths of one per cent. on all of the real and personal property in said town, subject to be taxed under the laws of said State of Georgia, said tax to be assessed in the manner now prescribed by law for assessing taxes of municipal corporations to be found in Sections 862 and 863, Chapter 2, Article one, page 222, Volume 1 of the Code of 1910 of the State of Georgia. Said property to be assessed at its value on the first of April in each year; provided, however, the tax payers shall have the right to give in their taxes under oath at such time as may be prescribed by ordinance, and when so given in said assessors may, in their discretion, increase or decrease said tax return so as to get at its true value. Said Mayor and Council shall have the right without reference to said board of assessors to fix and collect by execution, if necessary, a special tax, or license on all kinds of business, callings, professions or occupations carried on in said town, and to punish by proper ordinances any person failing to pay said tax or license fees before engaging in business. Ad valorem tax. Special taxes.

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SEC. 18. Be it further enacted by the authority aforesaid, That the Mayor and Council shall meet for the transaction of business at such time and place as they may prescribe; at all such meetings the Mayor, if present, shall preside and shall not be entitled to vote on any question, except in case of a tie. A majority of the Council shall constitute a quorum in all meetings for the transaction of any business of the said town. Meetings. Quorum. SEC. 19. Be it further enacted by the authority aforesaid, That the Mayor shall be chief executive officer of said town and shall see that all ordinances, rules, and regulations and resolutions of said town are faithfully executed. He shall look after the finances of the said town, shall make a report to the Council from time to time, showing the receipts and expenditures of all departments and the status of the town generally. He shall have general jurisdiction of the Mayor and Council as a body corporate; he shall have control of the police of the town and may appoint special policemen whenever in his judgment it is necessary; he shall have the same power of a Justice of the Peace to administer oaths in said town and to issue warrants for offenses against the State laws committed in the said town, and to hold Courts of inquiry and commit offenders to the county jail in default of bond in the manner and under the same rules and regulations of the Justices of the Peace in said State. Duties and powers of Mayor. SEC. 20. Be it further enacted by the authority aforesaid, That the marshal, deputy marshal, or any police lawfully appointed in said town may arrest without warrant any person he may see violating any ordinance of said town, or any person reported to him as having violated any ordinance of said town and carry such offenders before

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the Mayor's Court for trial and to this end may summon any citizen or citizens as a posse to assist in such an arrest; he shall inform the Mayor of the nature of the offense committed by the person or persons arrested; and the Mayor shall enter on his docket such charge with a reasonable specification of the offense committed and serve the offender or offenders through the marshal of said town with a written accusation setting out with reasonable particularity the offense charged and the offender or offenders shall have a reasonable time to prepare for trial. The said trial shall be held and conducted under the same rules and regulations as are of force in the Courts of the State of Georgia. Arrest and trial of offenders. SEC. 21. Be it further enacted by the authority aforesaid, That the Mayor shall allow the accused in his Court to give bond for his or her appearance to any charge at some future day fixed by the Court in any reasonable sum with good security and if the accused fails to appear at the time fixed in his bond or her bond, the Mayor shall enter on his docket opposite such case the words Bond forfeited, said bond or bonds being forfeited under the same rules and regulations as are of force in the State of Georgia and in terms of the statute in such cases made and provided. All appearance bonds shall be either approved by the Mayor or marshal of said town. The said bonds after they have been forfeited shall be collected under the same rules and regulations as prescribed by the laws in such cases made and provided. Appearance bonds. SEC. 22. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal of said town to prosecute all offenders against the State laws where the offense is committed within the limits of said town and

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to that end they shall swear out warrants, or cause to be done and arrest such offenders and carry them before the Mayor of said town, or some other judicial officer for trial and commitment, and such officer shall hold a Court of inquiry and commit or discharge the accused under the same rules that obtain in such cases before a Justice of the Peace. It shall be the duty of the marshal of said town to keep order in said town and to serve all orders, to execute all judgments of the Mayor's Court and to discharge all other duties imposed upon him by laws, rules, ordinances and regulations of said town, and all orders, processes, writs, fi. fas. shall be directed to the marshal of the town of Milner and shall be signed by the Mayor of said town. Commitment of offenders against State. Duties of marshal. SEC. 23. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town shall fix by ordinance the fees to be charged by said officers of said town for services performed by them not to exceed the fees 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 more fees than are allowed by such ordinances. Fees of officers. SEC. 24. Be it further enacted by the authority aforesaid, That the expenditures of said town and the compensation of its officers shall 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 keep and enter a true and correct record of all such sums and moneys as shall come into his hands with a memorandum showing the source from whence it came, and he shall in like manner make entries in said book of all sums paid out by him, to whom paid, the date of payment and the nature of the claim. He shall also take from the party

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a receipt for the amount so paid and said book and said receipts shall be subject to inspection by the Mayor and Council, or any one of them at any time. Duties of treasurer. SEC. 25. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town shall have authority and power to establish and maintain a chaingang for the purpose of working on the streets and elsewhere in said town, such persons as are convicted of violating any ordinances of said town and sentenced to work on said chaingang, and the Mayor and Council are hereby empowered to pass all necessary laws, rules and regulations for the proper enforcement of the said laws of said town; provided, said laws, rules and regulations are not in conflict with the laws of the State of Georgia. Chain gang. SEC. 26. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town shall have authority when they deem it necessary, to appoint three good, intelligent citizens of said town as a sanitary committee of said town, one of whom shall be a member of the town Council of said town; and it shall be their duty to visit the different parts of the town at least four times in each year, to-wit: In the Spring, in the Summer, in the Fall and in the Winter, and to make a report at each time as to the sanitary condition of the said town, with a recommendation as to what is needed to be done. When such report is made in writing by two members of said board, or committee, whether concurred in by said other member or not, the Council shall at once take such action on the report and recommendation and if there appears no good reason why it should not be done, they shall carry out the recommendation of the committee. Sanitary Committee. SEC. 27. Be it further enacted by the authority aforesaid,

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That all ordinances, rules and regulations heretofore passed by the Mayor and Council of the town of Milner and in force at the time of the passage of this Act shall remain in full force and effect to the same extent, and as fully as if passed under the authority of this Act, unless inconsistent with the terms of this Act. Force and effect of laws heretofore passed. SEC. 28. Be it further enacted by the authority aforesaid, That the present Mayor and Council of said town of Milner shall hold their offices until the expiration of the terms for which they have been elected and until their successors are elected and qualified. Present Mayor and Council. SEC. 29. 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, 1912. MITCHELL'S DISTRICT, TOWN OF, CHARTER AMENDED. No. 442. An Act to amend the Act approved August 16th, 1909, incorporating the town of Mitchell's District, in the County of Pulaski, by changing the corporate limits of said town, so as to exclude therefrom that portion of said town now lying in the 15th land district of said Pulaski County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, That the said Act creating the said town of Mitchell's District, above referred to, shall be amended by re-numbering the repealing clause, Section 31, and inserting between Section 26 and 31 the following Sections: Section 27. Be it further enacted, That on and after the second day of October, 1912, all that part of the said town of Mitchell's District included in lots numbers 226, 227, 228, 253, 254, 255, 256, 257, 258, 283, 284, 285, 286, and 287 and 288 in the 15th land district of Pulaski County, and also lots numbers 284, 285, 310, 311, and 328 of the 20th land district of Pulaski County, and also all those parts of lots numbers 286, 309, 312, and 327, also of the 20th land district of said county (said parts of lots being now the property of Freeman Vaughan), shall cease to be a part of the corporate territory of the town of Mitchell's District, and shall not be further subject to the operation of any of the foregoing provisions of this Act or of any amendment thereto, governing the internal affairs of said town. Mitchell's District, town of, corporate limits. Section 28. Be it further enacted, That on and after the second day of October, 1912, the board of trustees of the said town of Mitchell's District school, shall consist of five members who shall have the same qualifications and powers as are now conferred by law upon the larger board of trustees. School trustees. Section 29. Be it further enacted, That an election shall be ordered held on the 2nd day of October, 1912, for the purpose of selecting these five members of the board of trustees, to succeed the board of trustees then holding office, and the said elected trustees shall immediately qualify and hold office until the next regular election for

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such board of trustees on the last Saturday in December, 1913. Election of trustees. Section 30. Be it further enacted, That the said newly elected board of five trustees shall accurately ascertain the number of children of school age, who will be removed by the operation of this amendment from the corporate limits of the town of Mitchell's District, and shall before the 15th day of October, 1912, certify the same to the County School Commissioner of Pulaski County and to the Comptroller-General of the State of Georgia. School census. 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, 1912. MODOC, TOWN OF, INCORPORATED. No. 581. An Act to incorporate the town of Modoc, in the County of Emanuel, to define the corporate limits thereof; to 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,

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That the town of Modoc, in the County of Emanuel, be and is hereby incorporated under the name of Modoc, by which name it may be sued, plead and be impleaded. Modoc, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend three-quarters of one mile in every direction from the point where the public road crosses the line of the Georgia and Florida Railroad in said town, said point 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 term 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 for 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 July, 1913, 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 of members of the General Assembly. The Mayor and Councilmen shall hold their offices for one year, or until their successors are 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, S. J. McLendon; Councilmen, C. Q. Hall, George M. Pierce, E. N. Cowart and J. W. Kea. Mayor and Councilmen, election and terms of office. First Mayor and Council. SEC. 4. Be it further enacted, That said Mayor and Council shall elect one of the Council as clerk and treasurer, and may also elect a marshal and pay such clerk and

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treasurer and marshal such compensation as they may fix prior to such election. Clerk and treasurer. 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 to levy such road tax as they may deem best, for the interest of the 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. Authority of Mayor and Council. 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-half of one per cent. of the value of said property, and they shall fix the compensation of the Mayor and Council and all empolyees of said town. Taxation.

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SEC. 7. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1912. MOLENA, CITY OF, CHARTER AMENDED. No. 387. An Act to amend an Act amending an Act to incorporate the City of Molena in Pike County, Georgia approved August 19th, 1911. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act Section one of the above recited Act of August 19th, 1911, be amended by striking from said Section the following words, by striking the words one-half in the seventeenth line of said Section and substituting in lieu thereof the words three-fourth and so that said Section when amended shall read as follows. 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 August 23rd, 1905, be amended as follows by adding to said Section the following words: 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 the ordinances of said city, and said Mayor and Aldermen shall have the power to organize a chaingang and confine at hard labor therein persons convicted of violating any of the ordinances of said city, So that said

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Section as amended shall read as follows: Section 4 Be it further enacted by the authority aforesaid, That the Mayor and in his absence the Mayor pro tem. have jurisdiction to try and determine all cases made against any and all persons for a violation of any of the city ordinances or police regulations and to impose fines not to exceed the sum of one hundred dollars or to sentence to the city prison or to work on the streets of the city not to exceed thirty days, either one or both of these, in the discretion of the Court. They may forfeit bonds and attach for contempt of the court, compel the attendance of witnesses and the production of books, papers, etc., and shall have all such other and further power as may be necessary to carry into full force and effect this charter. They shall have power to issue a license to and collect from all persons, firms or corporations following, carrying on or engaging in any profession, trade, business, calling or avocation, in the city a special tax not to exceed fifteen dollars. The Mayor and Aldermen shall have power to levy and collect an ad valorem tax not to exceed one-half () of one per cent. upon all property, both real and personal, in said city and to compel each male citizen between the ages of sixteen and fifty years to work upon the streets as many days as they may deem necessary, or in default thereof to pay such commutation tax as they may require. 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 the ordinances of said city and said Mayor and Aldermen shall have the power to organize a chaingang and confine at hard labor therein on the streets of said city persons convicted of violating any of the ordinances of said city. Molena, City of, Mayor's Court. Special taxes. Ad valorem tax. Street duty. Commutation tax. SEC. 2. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 7, 1912. MOULTRIE, CITY OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 411. An Act to amend an Act of the General Assembly of Georgia, to establish a public school system for the City of Moultrie in Colquitt County, Georgia to provide for the raising of revenues to maintain said schools; to authorize and require the County School Commissioner to pay to the corporate authorities of said City of Moultrie such part of the State School Funds as may be the pro rata share of all children attending and eligible to enter said schools, and for a board of commissioners and other officers of said schools, and for other purposes named therein. SECTION 1. COMMISSIONERS FOR. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 4 of the above recited Act be and the same is hereby stricken entirely from said Act, and the following Section inserted in lieu thereof, to-wit: SECTION 4. COMMISSIONERS FOR. Be it further enacted that the territory comprising the city of Moultrie is hereby divided into four equal wards by running a line through

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the center of said city from north to south, and another line through the center of said city from east to west; that the north-east quarter of said city shall be known as First Ward, the north-west quarter of said city shall be known as Second Ward, the south-west quarter of said city shall be known as Third Ward, and the south-east quarter of said city shall be known as Fourth Ward; that J. D. McKenzie and A. R. Rogers from the first ward, A. B. Hall and J. E. Lanier from the second ward, W. F. Way and D. A. Autrey from the third ward and J. R. Hall and W. A. Oliff from the fourth ward are hereby named and appointed commissioners from their respective wards, the first named from each ward to hold office and serve until the first Monday in April 1913, and until his successor is elected and qualified as hereinafter provided, and that the last named from each ward shall hold office and serve until the first Monday in April, 1914, and until his successor is elected and qualified; that Z. H. Clark is hereby named and appointed commissioner at large, for said schools in said city, and he shall hold office and serve as such until the first Monday in April, 1914, and until his successor is elected and qualified in the manner hereinafter prescribed. Moultrie, City of, Commissioners for. First Commissioners. That an election shall be held in said city of Moultrie on the second Monday in March of each year, under the same rules and regulations as govern the election of Aldermen in said city, at which election one commissioner shall be elected for a term of two years to serve from the first Monday in April thereafter, from each ward; that on the second Monday in March, 1914, one commissioner shall be elected from said city at large; and biennially thereafter, who shall serve for a term of two years from the first Monday in April thereafter and until his successor is elected and qualified; that all the qualified voters residing in said

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city shall be entitled to vote for the commissioners from each ward, and all qualified voters of said city shall be entitled to vote for the Commissioner at large. Be if further enacted that said board of Commissioners shall have perpetual succession power and authority to acquire and hold property, both real and personal, in trust for the benefit of said public schools, with the right to sue and be sued. If a vacancy occurs in the membership of said board the same shall be filled by an appointment of a majority of the remaining members of said board, the appointee to hold office until the first Monday in April following such appointment his successor shall be elected in the manner herein before prescribed, on the second Monday in March, such election to be for the unexpired time of the person originally elected. No person shall be eligible to the office of School Commissioner for said city, who is under twenty one years of age; who has not been a continuous resident of said city for at least one year prior to his election; who holds any other elective or appointive office under the government of said city; or who is engaged either as an individual or as a member of any firm or corporation in the sale of school books to the patrons and their children of said school, the said Commissioner shall have power and authority to employ and discharge at liberty, a principal and such assistant teachers as they may deem necessary, fix their salaries and regulate the time and manner of paying them; fix the rates of tuition; select a series of text books; make rules for the government of said schools and generally to do and perform all Acts and things necessary for carrying out the provisions of this Act; provided that said Commissioners shall not elect as principal or teacher in said schools any person who is related to any member of said board of Commissioners in the third degree of affinity or consanguinity, or who is engaged directly or

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indirectly in the sale of school books. Be it further enacted that the Commissioner at large in said city shall be chairman of said board. Election for Commissioners, terms of office, powers and duties. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1912. MOUNT ZION, TOWN OF, INCORPORATED. No. 546 An Act to incorporate the town of Mount Zion in the County of Carroll, define its corporate limits, provide a municipal government therefor, prescribe their powers and duties and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the town of Mount Zion in the county of Carroll, be and the same is hereby incorporated under the name and style of the Town of Mount Zion, by which name it may sue and be sued, plead and be impleaded, contract and be contracted with and exercise the powers and privileges hereinafter delegated. Mount Zion, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be one thousand yards in every direction from the center of the dividing line between lots and land numbers 213 and 236 in the 10th district of said county of Carroll. Corporate limits.

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SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be invested in a Mayor and five Councilmen, and that W. T. Morris be Mayor and W. H. Malone, G. W. Eutrekin, H. H. Morris, J. M. Shaw, and J. A. Martin be councilmen of said town until their successors are elected and qualified as hereinafter provided. Mayor and Councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Saturday of each year an election shall be held in said town for a Mayor and five Councilmen and those receiving the highest number of votes for such officers shall be declared elected and shall hold their offices for one year and until their successors are elected and qualified. No one shall vote for or be eligible to such office who is not a qualified voter for members of the General Assembly of this state and who has not resided within the corporate limits of said town for six months prior to the date of such elections. Said election shall he held and conducted in the same manner as elections for county officers and the certificate of the managers, who shall declare the results of such elections, shall be sufficient authority for the persons so elected to qualify and enter upon the discharge of the powers and duties of the offices to which they have been elected. Before entering upon the discharge of the duties of such office each Councilman shall take and subscribe the following oath, which may be administered by any officer of this state who is empowered to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolving upon me as Councilman of the town of Mount Zion, without favor or affection, to the best of my ability. So help me God. The Mayor shall in like manner take and subscribe to a similar oath before entering upon his duties as such Mayor. Election of Mayor and Councilmen. Oath of Mayor and Councilmen.

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SEC. 5. Be it further enacted by the authority aforesaid, That if vacancies occur in the office of Mayor or Councilmen, the remaining members shall fill such vacancy by electing some qualified person to such office for the remainder of the unexpired term. Said Mayor and Council shall have power to fix their meetings, elect such ministerial officers as they may deem necessary, prescribe their duties, fix their compensation and determine the size of their bonds where bonds are required, to pass all ordinances and by-laws they may deem proper for the good order and general welfare of the citizens of said town, not inconsistent with the constitution and laws of the state and prescribe penalties for a violation thereof not exceeding a fine of twenty-five dollars or in default of the payment of such fine in the time prescribed to work on the streets of said town not exceeding twenty-five days, to fix their own compensation, not exceeding twenty-five dollars per annum. Vacancies, how filled. Powers of Mayor and Councilmen. SEC. 6. Be it further enacted by the authority aforesaid, That the provisions of Section 695 to 761 inclusive of Volume 1 of the Code of 1895 and the amendments thereto be and the same are hereby made a part of the charter provisions of said town of Mount Zion where not in conflict with this Act. Code sections made part of charter. SEC. 7. 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 19, 1912.

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NASHVILLE, SCHOOL DISTRICT OF, INCORPORATED. No. 555 An Act to incorporate the Nashville School District in Berrien County, Georgia. Define the boundaries of the same; to regulate the management of schools in said district; to provide revenues for said schools; to provide for the election of trustees, not to exceed six for said schools and to confer on them certain powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the management and control of all schools in the Nashville School District be vested in not exceeding six (6) men, who shall constitute a Board of Trustees of the Nashville School District, and by that name and style, shall have perpetual succession, a common seal, and shall have power to purchase, hold receive, enjoy, possess and retain to them and their successors in office for school purposes any estate, real or personal of whatever kind or name, within the jurisdictional limits of said District, (as described hereafter in this Act) and shall, by name, be capable of suing and being sued in any Court of law or equity in this State. Nashvilie School District incorporated. Board of Trustees. SEC. 2. Be it further enacted by the authority aforesaid. That the corporate school District of Nashville shall include all of lots of land numbers: one hundred forty-four (144); one hundred forty-three (143); one hundred forty-two (142); one hundred eighty-one (181); one hundred

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eighty (180); one hundred seventy-nine (179); one hundred eighty-eight (188); one hundred eighty-nine (189); one hundred ninety (190); two hundred twenty-five (225); two hundred twenty-six (226); two hundred twenty-seven (227); two hundred thirty-four (234); two hundred thirty-five (235); two hundred thirty-six (236), and all of lots, one hundred eighty-two (182; one hundred eighty-seven (187); two hundred twenty-eight (228); two hundred thirty-three (233); and one hundred forty-one, east of Withlacoochee Creek, in said District and County with the center of said School District in the town of Nashville, Berrien County, Georgia. Limits defined. SEC. 3. Be it further enacted by the authority aforesaid, That A. C. Sweat, W. B. Goodman, M. F. Devane, W. H. Morris, and J. H. Gary shall be, and are hereby constituted the Board of Trustees, to carry into effect the provisions of this Act, until the regualr election for members of said board, which election shall take place on the 1st Wednesday of June 1913, of every other year; the term of 2 of the trustees to be elected shall be for 2 years, from the time of the election, and 2 for 4 years, and 2 for 6 years. Their successors in office shall serve for a term of 6 years, each member dating from the time of his election. The Board of Trustees shall fill all vacancies. First trustees appointed. Election of trustees. SEC. 4. Be it further enacted by the authority aforesaid, That said Board of Trustees shall organize by electing a president, vice-president secretary and treasurer, from their number, and no member shall receive compensation for his services, except the secretary and treasurer, whose compensation for his services shall be fixed by the Board, and he shall give good and sufficient bond. Officers of Board.

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SEC. 5. Be if further enacted by the authority aforesaid, That said Board of Trustees shall have power to design and adopt a system of public schools for said District; to elect superintendent and employ teachers for the same, to suspend or remove teachers or superintendents, and to fix their compensation; provide school houses, by building, purchasing, renting or other-wise; to make and hold title to such property, and to make such rules and regulations for government of themselves and said schools as they may deem proper, and not in conflict with the laws of this State, and to do any and all other things promotive of the best educational interest of said District, not in conflict with the provisions of this Act or the laws of the State. Public school system. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be established and maintained for whatever time said Board of Trustees may think best, not less than five (5) months, nor more than ten (10) months in each year, under the provisions of this Act, and only one school for white children, and one, and only one school for colored children. No white child shall be admitted into the school established for colored children, and no colored child shall be admitted into the school established for white children. All children entitled to the benefit of public schools under the laws of this State, and whose parents, guardians, or natural protectors bona fide reside within the corporate limits of said District, shall be admitted into the aforesaid schools, upon the payment of such admittance fees or matriculation fees only, as the Board of Trustees may deem necessary. Children of non-residents and such others as may not be entitled to the benefit of these schools, shall be admitted upon such terms as may be prescribed by the Board of Trustees, not in conflict with the laws of this State. Two schools, one for white and one for colored.

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SEC. 7. Be it further enacted by the authority aforesaid, That after the ratification of this Act it shall be the duty of the State School Commissioner of the State of Georgia and he is hereby required to pay over to the Secretary and Treasurer of the Board of Trustees of the Nashville School District, under such rules as the said Board may provide, not in conflict with the rules and regulations of the State Board of Education and laws of Georgia, the portion of the public school fund of said county, to which the schools established in this Act for said District, may be entitled, under the rules of distribution pro rat a, for the children included in said District compared with the whole number of children of school age in the county of Berrien under the last school census. Public school fund. SEC. 8. Be it further enacted by the authority aforesaid, That as early as practicable, after the ratification of this Act, and by the fourth Saturday in May of each year, succeeding, the Board of Trustees shall determine what amount of money it will be necessary to raise by taxation, to defray the expenses of said schools for the scholastic year, and said Board shall, through their officers be required to levy and collect the same, provided said amount does not exceed one-half of one per cent. of the taxable property of said district, in the same manner as other taxes of said town of Nashville, Georgia are levied and collected; said taxes, when collected shall be turned over to the Board of Trustees and together with amount received from the State School Commissioner, from the public school fund, and such admission, matriculation and tuition fees as may be collected and any other funds that may be placed in their hands for that purpose, shall constitute fund to be expended only by order of the Board of Trustees, in defraying the expenses necessary for carrying on said schools. School tax.

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SEC. 9. Be it further enacted by the authority aforesaid, That after the ratification of this Act, the Board of Education of Berrien County shall not establish any other schools, grant licenses to or contract with any person to teach a school of any character in said District, nor shall any of the said school funds be paid to any school in said district other than for the schools herein provided for. County public schools shall not be established. SEC. 10. Be it further enacted by the authority aforesaid, That immediately upon the passage of this Act that said Board of Trustees be required to have some fit and competent person take the census of all the children both white and colored, in said district, and report those of school age to the State School Commissioner and it shall be the duty of said State School Commissioner to then determine what amount of funds the Nashville School District shall be entitled to, the same being pro rata with all the children of the county and all the funds of the county. School census. SEC. 11. Be it further enacted by the authority aforesaid, That in case any school property, acquired by said Board of Trustees under any provision of this Act, or otherwise be sold, the fund derived from such sale shall be re-invested in other property to be used for school purposes and can not be expended in any other way or for any other purpose. School property. SEC. 12. Be it further enacted by the authority aforesaid, That before the required election for members of the Board of Trustees which shall be held every other year shall be held, notices therefor shall be given by the president or vice-president by posting the same in three conspicuous places in said district, for more than ten (10) days before the last day in May and the local qualified

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voters only, of said school district shall be allowed to vote in said election. In said 1st election held under this Act the first 6 names receiving the highest vote shall be declared by the holders of said election the duly elected trustees to fill vacancies immediately thereafter expiring. Notice of election of Board of Trustees, posting of. Elected Trustees. SEC. 13. Be it further enacted by the authority aforesaid, That the Board of Trustees shall keep books of account, by their Secretary and Treasurer, of all the actings and doings, receipts of moneys, disbursements of funds, and that the public shall have access to said books of record of said school district at any and all times, in short, said Board of Trustees, shall keep a complete minute of all the actions and doings for the Nashville School District. Books of account. SEC. 14. Be it further enacted by the authority aforesaid, That said Board of Trustees shall have full power and authority to act for and manage said school district in such a way as may seem to the best interest of the general welfare of said school district, not in conflict with this Act or the laws of this state, or of the United States. Authority of Board of Trustees. SEC. 15. 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 19, 1912. NEWNAN, CITY OF, CHARTER AMENDED. No. 577. An Act to amend an Act entitled an Act to create a new charter for the city of Newnan in the County of Coweta,

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approved December 8th, 1893, so as to authorize the Mayor and Aldermen of said city to appropriate and expend, for purely charitable purposes, of the general funds of the city of Newnan an amount not exceeding twelve hundred dollars per annum; to prescribe how and when a tax may be levied for this purpose, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That an Act to create a new charter for the City of Newnan, in the County of Coweta, approved December 8th, 1893, be and the same is hereby amended so as to authorize the Mayor and Aldermen of said city to appropriate and expend, for purely charitable purposes, of the general funds of the said City of Newnan an amount not exceeding twelve hundred dollars per annum. Newnan, City of, fund for charitable purposes. SEC. 2. Be it further enacted by the said authorities, That if the general fund of the City of Newnan is not sufficient to carry the amount appropriated for the purposes aforesaid then the said Mayor and Aldermen are hereby authorized to make a special charitable assessment, or levy a special tax, in addition to other taxes, sufficient in amount to pay off and discharge the amount appropriated or expended. Provided, however, that this Act shall not be of force as law until the same has been submitted to and ratified by a majority vote of the qualified voters of the city of Newnan voting at the next general city election to be held on the 1st Saturday in December 1912. Special charitable assessment. Election for ratification of this Act. SEC. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this law be and the same are hereby repealed. Approved August 19, 1912.

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NEWNAN, CITY OF, CHARTER AMENDED. No. 595 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 8th, 1893, to authorize and empower the Mayor and Aldermen of said city to make an assessment on the various lots of land and lot owners in said city for sanitary purposes not to exceed six dollars per annum, to provide for the collection thereof, to authorize the said Mayor and Aldermen to prescribe by ordinance what shall constitute a lot for sanitary purposes and assessments, 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 said Act to create a new charter for the city of Newnan, in the county of Coweta, approved Dec. 8th, 1893, be, and the same is hereby ammended by adding thereto the following to-wit: Newnan, City of, sanitary assessments. That the Mayor and Aldermen of said city are hereby authorized and empowered to make an assessment of the various lots of land and lot owners in said city for sanitary purposes, not to exceed six dollars per annum upon each lot assessed, and the said Mayor and Aldermen are hereby authorized and empowered to collect the same by execution against the lot so assessed and the owners thereof; the amount so assessed shall be a lien on the lot from the date of the assessment. Executions shall be issued and enforced in the same manner that tax executions are issued and enforced in said city, provided that the amount so collected shall be used for sanitary purposes only.

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SEC. 2. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of said city shall have power and authority to prescribe by ordinance what shall constitute a lot for sanitary purposes and assessment, provided that no lot shall be less than twenty-five feet front, and provided further, that the assessment provided for in this Act shall not be made upon vacant lots, and residents lots shall not be subdivided for assessment except where the resident lots have two or more houses thereon used or intended for use as seperate tenements, in which case a sanitary assessment may be levied against the lot for each house situated thereon. Provided, however, that this Act shall not be of force as law until the same has been submitted to, and ratified by a majority vote of the qualified voters of said city of Newnan, voting at the next general city election to be held on the 1st Saturday in December 1912. Lots for sanitary purposes. Election to ratify this Act. SEC. 3. Be it further enacted by the authority aforesaid, That all Acts or parts of Acts in conflict with this Act, be, and the same are hereby repealed. Approved August 19, 1912. NORWOOD, TOWN OF, CHARTER AMENDED. No. 346. An Act to amend an Act to incorporate the town of Norwood in the County of Warren, approved October 7th, 1885, and an Act amendatory thereof approved December 26th, 1888, and an Act amendatory thereof approved

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August 17th, 1908, so as to authorize the Mayor and Council to condemn private and corporate property for streets, sidewalks, alleys, squares, and parks and to allow the Mayor at his will to appoint any member of Council to try any person or persons, firm or corporation or others for a violation of the laws of said town and for other purposes. SEC. 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 incorporating the town of Norwood in the County of Warren, State of Georgia, approved October 7th, 1885, and Acts amendatory thereof approved December 26th, 1888 and August 17th, 1908 respectively, be so amended that the Mayor and Council of said town of Norwood shall have full power and authority to lay out, open, widen, straighten or otherwise change and alter streets, sidewalks alleys, squares and parks within the corporate limits of said town, and to alter and establish for the same. Norwood, town of, streets, etc. SEC. 2. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town of Norwood, Georgia, shall have power and authority to lay out, open, establish and locate water mains and lines, sewer lines and all lines necessary for public water and public sewer lines, and all lines necessary for public water and public sewer lines within the Corporate limits of said town of Norwood, to regulate grades of same, to open ditches and ways necessary for the construction of a perfect water and sewer system for said town across either or both private or corporate property. Water and sewer lines. SEC. 3. Be it further enacted by the authority aforesaid, That the right to condemn, take and damage private

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and corporate property within the corporate limits of said town of Norwood for public use is hereby expressly delegated to and conferred upon the Mayor and Council of said town or Norwood, Georgia, under the doctrine of eminent domain, upon just and adequate compensation, being first paid or tendered for property so taken or damaged to the owner thereof. Condemnation. SEC. 4. Be it further enacted by the authority aforesaid, That just and adequate compensation for property taken or damaged by said town of Norwood for public use, under and by virtue of this Act shall be ascertained, fixed and determined under and by virtue of the rules of law now in force in this State as embraced in chapter nine of the Code of the State of Georgia, 1910. Condemnation, continued. SEC. 5. Be it further enacted by the authority aforesaid, That the Mayor of said town of Norwood, in the County of Warren, be and he is hereby given the authority to appoint, at his will, any member of Council to try any person or persons, firm, corporation or any others for a violation of the laws of said town. Power of Mayor to appoint member of Council to try of fenders. SEC. 6. Be it further enacted, by the authority aforesaid, that all other and all further powers with reference to the subject matters of this Act usually conferred upon like corporations is hereby conferred upon the said Town of Norwood. General powers. SEC. 7. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby replaced. Approved July 29, 1912.

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OGLETHORPE, TOWN OF, CHARTER AMENDED. No. 353. An Act to amend an Act approved August 19th, 1911, entitled An Act to amend an Act to incorporate the town of Oglethorpe in the County of Macon, etc., approved November 28, 1900; to provide for the election of a Mayor and Alderman, defining their duties and powers; to authorize the city of Oglethorpe to exercise the right of eminent domain; to enact and enforce the necessary police regulations for the protection of the waterworks and electric light plant; to provide for salary of its officers; and for other purposes, so as to provide for the election of Mayor and prescribe his term of office and eligibility, to provide for the election of a marshal for said city of Oglethorpe, and to fix his salary and duties; to provide for filling vacancies on the Board of Aldermen; to provide for the working of the streets of said city; to provide for arranging temporary loans to supply casual deficiencies in revenue; and for other purposes. SECTION. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above recited Act approved August 19th, 1911, be and the some is hereby amended by striking therefrom all of section 2, thereof and inserting in lieu of said Section the following: That at the election to be held on the first Thursday in December 1911, and every two years thereafter as hereinbefore provided for, there shall be elected a Mayor, who shall hold office for two years, and until his successor is elected and qualified. In event of a vacancy in the office

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of Mayor caused by death, resignation, removal or otherwise, the Councilmen shall at their next regular meeting occurring next after such vacancy, elect one of their number to the office of Mayor, and such person so elected shall hold said office for the unexpired term, and until his successor is elected and qualified. The Mayor shall be the executive officer of said city, and shall see that all the laws and ordinances thereof are faithfully executed and fully observed. He shall receive such salary as may be fixed by the Mayor and Council at their last regular meeting prior to any regular election to be held for mayor, such salary to be paid monthly; and he shall receive no other fees or perquisites whatever. He shall have power to convene the Council in extra session whenever in his judgment the exigencies of the case demand it. He shall examine the books of the officers of the city whenever he sees proper to do so, and if any irregularities are discovered, he shall report the same to the next meeting of the Council. Oglethorpe, town of, election of Mayor and Councilmen. Vacancies, how filled. Mayor's duties and salary. SEC. 2. Be it further enacted by the authority aforesaid, That Section 4, of the above recited Act approved August 19, 1911, be and the same is hereby amended by striking out all of said section after the word salary in the seventeenth line thereof, and inserting in lieu thereof the following: In case of a vacancy in the office of Councilman caused by death, resignation, removal or otherwise, the remaining members of the council shall at the next regular meeting after the occurrence of such vacancy, elect from the citizens of the city, a proper person to fill such vacancy, who shall hold said office until the next regular election for officers of said city, so that said Section 4 when so amended shall read as follows. SEC. 4. Be it further enacted by the authority aforesaid,

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That at the next election to be held on the first Thursday in December 1911, there shall be elected four Aldermen, two of whom shall serve for a term of two years and two of whom shall serve for a term of one year, and until their successors are elected and qualified; and the said Councilmen so elected shall determine among themselves which two of their number shall serve for two years, and which two shall serve for one year. After said election on the first Thursday in December 1911, the Councilmen elected at the annual election hereinbefore provided for and required shall serve for two years, and until their successors are elected and qualified. The Aldermen so elected shall be qualified voters of the city and shall be resident freeholders of said city. They shall receive a salary of not more than thirty dollars per annum to be fixed at the time and in the manner herein provided for fixing the Mayor's salary. In case of a vacancy in the office of Councilmen caused by death, resignation, removal or otherwise, the remaining members of the Council shall at the next regular meeting after the occurrence of such vacancy, elect from the citizens of the city, a proper person to fill such vacancy who shall hold said office until the next regular election for officers of said city. Aldermen, election of. Salary. Vacancies, how filled. SEC. 3. Be it enacted by the authority aforesaid, That Section 6 of the above recited Act approved August 19, 1911 be and the same is hereby amended by striking from said Section all of the same between the word list in the sixth line thereof, and the word believe in the eighth line thereof, and inserting in lieu of such stricken portion of said Section the following: Which committee shall carefully examine said book and registration list and if upon such examination either from their own information or that furnished by others, they, so that said Section when

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amended will read as follows: Sec. 6. Be it further enacted by the authority aforesaid that immediately after the registration books are closed it shall be the duty of the clerk to submit the same to the chairman of a committee appointed by the Mayor and Council to be known as committee upon revising the registration list, which committee shall carefully examine said book and registration list, and if upon such examination either from their own information or that furnished by others, they believe that any person so registered is not qualified to vote, they shall cause a summons to be issued directed to such person calling upon him to appear before the committee two days thereafter and show cause, if any he has why his name should not be stricken from the registration list, and in default of his appearing before such committee his name shall be stricken. The said committee shall certify to the correctness of said registration list, and transmit the same to the clerk of the City Council who shall prepare a list of the qualified voters, certify the same as being true and shall furnish the Superintendents of election with a copy of said list alphabetically arranged before the time for opening the polls; and the registration list so revised shall remain on file in the office of the Clerk of the City Council. Registration. SEC. 4. Be it further enacted by the authority aforesaid, That said above recited Act approved August 19, 1911, be and the same is hereby amended by striking therefrom all of section 11, thereof, and inserting in lieu of such stricken Section, the following: That at the first meeting of the Mayor and Council in January after said election, the City Council shall elect a marshal, if they see fit to do so, and they also elect a night watchman, and such other police officers as in their judgment may be necessary for the interest of said city. The marshal when so elected, and

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before entering upon his duties shall give a bond with good and sufficient security payable to the City of Oglethorpe in the sum of three hundred dollars, conditioned for the faithful discharge of his duties as marshal of said city and to faithfully pay over and account for all monies collected by him for said city. He shall receive such salary as may be fixed by the Mayor and Council at the time of his election; and said Mayor and Council may compensate said marshal either by a stated salary, or by a stated salary and such fees and costs as may be fixed by them, or by fees and costs alone, as in their judgment may be best. The marshal so elected shall be ex-officio chief of police of said city; and he shall also be superintendent of the streets, and shall see that said streets are properly worked and kept in repair and shall have authority to summon hands to work the same under the direction of said Mayor and Council. The said Mayor and Council shall have full right and authority to assign and designate other duties to be imposed upon said marshal as may be necessary from time to time. The night watchman, if elected, shall receive such compensation as may be fixed by the Mayor and Council at time of his election, either by a stated salary or a salary with fees and costs additional, or fees and costs alone without salary as may seem best, in the judgment of said Mayor and Council. The said marshal and night watchman shall hold their offices for the term of one year, but may be removed by said Mayor and Council at their pleasure, for inefficiency or other cause. The said Mayor and Council are authorized to prescribe fees and costs to be collected in cases of violation of the town ordinances and laws, and in such civil procedure as may properly come before them or before the Mayor, and to provide for payment of the same either to the arresting or prosecuting officers or other officers or into the treasury of said City. Officers elected by Mayor and Council. Marshal, his duties and salary. Night watchman, and his salary.

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SEC. 5. Be it further enacted by the authority aforesaid, That said Mayor and Council may at any time it becomes necessary, borrow such amounts of money as may be needed from time to time, to supply casual deficiencies in the revenue of said city; such amounts so borrowed not to exceed at any time the amount authorized for such purposes by the constitution of the State of Georgia of 1877. Borrowing power. Section 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 July 30, 1912. OGLETHORPE, CITY OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 415. An Act to amend an Act approved August 1911, entitled An Act to amend an Act entitled `an Act to establish a system of public schools in the town of Oglethorpe Macon County', approved December 26, 1890; to change the name of said schools for the city; to provide for the election of trustees and to define their duties; and for other purposes so as to prescribe the eligibility of teachers, to provide for control of school property, to repeal sections 4 and 10 of said Act of August 1911; 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,

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That Section 2 of the above recited Act of August 1911, be and the same is hereby amended by striking from said Sections all of the same after the word Oglethorpe in the twenty-third line thereof, so that said Section when so amended shall read as follows: SEC. 2. Be it further enacted by the authority aforesaid, That the first section of said Act approved December 26, 1890, be amended by striking from said first Section of said Act the following words, to-wit: Beginning at the word five in the seventh line thereof, and striking therefrom the following words, to-wit: five persons who shall constitute the board of education therein. At said election one of said persons shall be elected for a term of two years, two for four years and two for six years, and thereafter their successors shall be elected for a term of six years. All vacancies in the board shall be filled by the Mayor and Council immediately after such vacancy, occurs and inserting in lieu thereof the following words, to-wit: That at the first meeting of the City Council in January, 1912 there thall be elected five trustees of the public schools of the city of Oglethorpe; three of whom shall be elected for two years, and two of whom shall be elected for one year; and that thereafter there shall, at the first meeting of the City Council in January of each year, be elected successors to the trustees elected as herein provided for as their terms of office expire, who shall hold office for two years from the date of their election. They shall be known as `The Board of Trustees of the public schools of the city of Oglethorpe.' Oglethorpe, City of, Board of Trustees. SEC. 2. Be it further enacted by the authority aforesaid, That Sections 4 and 10 of said Act of August 1911, be and the same are hereby repealed. Sections 4 and 10 of Act of Aug. 1911, repealed.

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SEC. 3. Be it further enacted by the authority aforesaid, That Section 5 of said Act of August 1911 be and the same is hereby amended by inserting the word and between the words principal and Teachers in the sixth line of said Section 5, so that said Section when so amended will read as follows: SEC. 5. Be it further enacted by the authority aforesaid, That when said Board of Trustees shall have elected a principal and teachers for said school for the ensuing year they shall at the same time fix the salaries to be paid, and they shall not during the scholastic term increase the salaries of the principal and teachers so elected. Salaries of Trustees. SEC. 4. Be it further enacted by the authority aforesaid. That the said Board of Trustees herein provided for shall have full control and supervision of all school property belonging to said City of Oglethorpe; and shall have full power and authority to designate the purposes for which it may be used, and the terms upon which it may be used. They shall from time to time have such repairs made on said property as may be necessary and pay for the same out of the school funds appropriated by the City of Oglethorpe, or from any other funds which may come into their hands for school purposes; they shall have the right to rent out the auditorium at the white school building for such entertainments as they may see fit, or to permit its use free of charge as in their judgment may be best; and all moneys arising from such rental or from any other source shall be paid to the Treasurer of said board of trustees to be used for such school purposes as other moneys which may be paid into said treasury. Trustees, powers and duties of. SEC. 5. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1912. OLIVER, TOWN OF, CHARTER AMENDED. No. 576. An Act to incorporate the town of Oliver as the City of Oliver; to confer additional powers upon said corporation and to codify, amend, and supersede all previous Acts or charters granted by the Superior Court incorporating the town of Oliver; to grant a new charter in said town under the name of the City of Oliver, and to fix new boundaries and area 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 territory of what shall be known as the City of Oliver, and which has heretofore been known as the town of Oliver, shall be as follows: beginning at a point near the colored baptist church, at the northeast corner and running from this point, the same being an Oak, north 73 degrees east 416 feet to a stake; and from thence south 39 degrees east a distance of 4050 feet to a small oak along the Screven and Effingham County lines and here cornering; and from thence, running along the said screven County line for a distance of 4240 feet north fifty six degrees east, to a corner; thence north sixty-one degrees and 30 minutes west 2,245 feet to a pine corner and from thence north 3 degrees east a distance of

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450 feet to an iron stake, and from thence north 7 degrees and 15 minutes west a distance of 1,600 feet to an iron stake and from thence north 30 degrees east 725 feet to a stump, here cornering and from thence running south 71 degrees east, a distance of 317 feet to a corner, and from thence north 970 feet to a plow point, here cornering; thence north 62 degrees 30 minutes east for a distance of 1210 feet to a pine, and from thence north 68 degrees and 15 minutes east for a distance of 1,100 feet to the beginning point, which is more fully described by a plat of survey made by D. M. Weitman, County Surveyor of Effingham County July 22d, and 23d, 1912. Oliver, town of, changed to city of, corporate limits. Said territory is within the County of Screven and the same is hereby incorporated as the city of Oliver, County of Screven, State of Georgia, and said territory shall hereafter be known and designated as the City of Oliver. SEC. 2. Be it further enacted by the authority aforesaid, That the officers of the said town of Oliver shall be and Act as the officers of the said City of Oliver until the next election to be held on the first Thursday in January 1913, and until their successors are elected and qualified and that all legal and valid contracts heretofore entered into by the corporate authorities of the town of Oliver shall be good and valid for and against the City of Oliver, and that all property now held and owned by the town of Oliver shall be and become the property of the City of Oliver. Officers. SEC. 3. Be it further enacted by the authority aforesaid, that the said city of Oliver shall hereafter be governed by, and subject to the same laws and ordinances, and its officers have the same powers and duties as if the charter

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of the town of Oliver had not been amended or changed, and as if said town had not been changed from a town to a city, but said corporation shall hereafter be known and designated as one of the cities of the State of Georgia, and be entitled to enjoy all benefits and immunities allowed them by law. Same corporate powers as town of Oliver. 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, and this charter shall supersede the one that is now of force, except as herein specified. Approved August 19, 1912. OMEGA, TOWN OF, ACT INCORPORATING REPEALED. No. 335. An Act to repeal the Act approved August 22d, 1905, creating a charter for the town of Omega, Ga. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 22d, 1905, creating a charter for the town of Omega be and the same is hereby repealed. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall become operative when a bill entitled: An Act creating a new charter for the town of

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Omega, Ga., etc., now pending shall have been approved by the Governor of Georgia. Omega, town of, charter repealed. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved July 29, 1912. OMEGA, TOWN OF, NEW CHARTER FOR. No. 352. An Act creating and providing a new charter for the town of Omega, Ga.; defining its corporate powers and municipal boundaries; providing for a Mayor and Council and other officers, prescribing their duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Omega, in the County of Tift be, and the same is, hereby incorporated under the name and style of the Town of Omega, and under said name shall have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations. And in such corporate name may sue and be sued, plead and be impleaded; and shall have power to have and to use a common seal. Omega, town of, new charter. SEC. 2. Be it further enacted by the authority aforesaid that the corporate limits of said town of Omega shall extend one-half mile in each and every direction from a

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point in the center of the tracks of the Atlanta, Birmingham and Atlantic Railroad where the same is crossed by the street known as and designated on the plans of the town of Omega as Oak Street. The town thus laid off being in the shape of a circle one mile in diameter. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid that H. J. Young is hereby appointed as Mayor of said town, and J. W. Lang, J. W. Vining, J. A. Doods, S. S. Palmer, and W. T. Patrick, are hereby appointed councilmen to serve until the First Monday in January, 1913, or until their successors are elected and qualified under the provisions of this charter. These appointments shall become effective upon the enactment of this bill into law, and the prescribed oath of office shall be administered by any officer of this State legally qualified for the purpose of administering oaths. Should any of the appointees named fail or refuse to accept office, or if at any time there should be a vacancy either in the office of Mayor or Councilman, then in that event such vacancy shall be filled by those who have accepted and qualified, three being sufficient to make a choice. The provisions of this Section relate only to those appointed under this Act or otherwise chosen to serve until their successors are elected and qualified in the manner hereinafter pointed out. First Mayor and Councilmen appointed. Vacancies. SEC. 4. Be it further enacted by the authority aforesaid that on the 1st Tuesday in December, 1912, and annually thereafter on the same day, an election shall be held in said town for Mayor and five Councilmen, who shall hold office for a term of one year and until their successors are elected and qualified. Terms to begin January 1, 1913. No one shall be entitled to vote at such election, nor to hold office in such municipality who does not reside within

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the corporate limits thereof, and who has not paid all taxes due said town, and who is not qualified under the laws of this state to vote for members of the General Assembly of Georgia. Before any person shall be entitled to vote in any elections held in said town he must be qualified to vote for members of the General Assembly; must have resided in said town for six months next preceding the election at which he offers to vote: paid all taxes due and demanded by the town authorities. Provided, that such person or persons shall have complied with such registration law as may be adopted by the Mayor and Council. Said Mayor and Council are hereby empowered to provide by proper ordinance for the registration of voters upon such terms as they may prescribe. Elections in said town shall be held by the citizens thereof 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, after having taken the proper oath of office. Mayor and Councilmen, election of. If at any election held in said town there shall be a tie, and no candidate shall receive a plurality of the votes cast at such election, it shall be the duty of the Mayor and Council to call a special election for the purpose of voting off the tie. Only those standing for election in the general election shall be voted for and ten days notice of the holding of such special election shall be given by posting same at the post-office and at two other prominent places within the town limits. Special elections. SEC. 5. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties, the Mayor and each, Councilman, or other officer, shall subscribe to the following oath which may be administered

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by any officer of this State who is authorized to administer oaths: I do solemnly swear that I will faithfully discharge all of the duties devolving on me as Mayor (or Councilman or other officer) of the town of Omega and enforce the provisions of this Charter, and the ordinances made in persuance thereof, to the best of my ability and understanding; so help me God. Oath of Mayor and Councilmen. SEC. 6. Be it further enacted, That whenever a vacancy from death, removal, resignation, or otherwise shall happen in the office of Mayor or Councilmen, the remaining members shall immediately proceed by election to fill the vacancy, and the officer or officers so elected by the remaining members of Council shall fill the unexpired term of the officer or officers in whose place he or they were elected, in the same manner and under the same restrictions and responsibilities as though they had been voted for at a regular town election. Should the Mayor or any members of Council fail or refuse to perform the duties of his office for a term of two consecutive months, the office may, in the discretion of the remaining members of council be declared vacant and the vacancy filled as in cases of vacancy through death, resignation removal or other cause. Vacancies, how filled. SEC. 7. Be it further enacted, That the Mayor or Mayor pro tem and three Councilmen, or four Councilmen, who may elect one of their number to preside, in case of the absence of the Mayor or Mayor pro tem, shall for all purposes under this charter constitute a quorum for the transaction of any and all municipal business, though a smaller number may adjourn from day to day. Mayor pro tem. The Mayor and Council shall hold meetings at such

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times and places as they may by proper order, resolution or ordinance, decide upon. Meetings. SEC. 8. Be it further enacted, That the Mayor and Council of the town of Omega shall have power and authority to enact all such ordinances from time to time, as they may deem necessary to enforce the provisions of this charter, to suppress disorderly conduct, to protect life and property, to maintain the public peace and to protect the public health. Police ordinances. SEC. 9. Be it further enacted, That said Mayor and Council shall have power to pass all such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary to enforce all of the laws of the State of Georgia applicable to municipal corporations, and which laws, in so far as they are not in conflict with this Act, are made a part thereof, and to provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways and public places of said town and may provide against obstructions and nuisances there-upon. They may lay such drains and gutters therein as are necessary and shall take all necessary and proper means for keeping the corporate limits of said town free from garbage and filth of all kinds. They shall have power to summarily abate all nuisances, whenever in their judgment such nuisance is injurious to the health, comfort or convenience of the inhabitants of said town. They may regulate the operation of locomotives, automobiles or other power driven vehicles. They may legislate to prevent the placing of obstructions of any character or kind upon the alleys streets or sidewalks of said town, and may prohibit the commission of nuisances in said town and provide punishment for failure to obey all lawful ordinances. They

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shall have power to establish a town chaingang; provide a jail or other place of confinement, and legislate for the regulation of the same. General powers. SEC. 10. Be it further enacted, That the Mayor and Council of said town shall fix the salaries of themselves, if deemed advisable to pay such salaries, and all other officers of said town government, unless otherwise provided by this Act. Salaries of officers. SEC. 11. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have power and authority to elect a marshal, or marshals; also a clerk of Council, who shall act as the treasurer of said town; and such other officers as may be deemed necessary for the carrying into effect of the powers herein conferred upon them. Marshal, clerk and treasurer. Be it further enacted by the authority aforesaid, That the Clerk of Council, to be elected by the Mayor and Council, shall be required to act as treasurer of said town, and shall be ex-officio treasurer thereof. He shall be required to give a good and sufficient bond conditioned to faithfully perform his duties, and account for all funds coming into his hands, which bond shall be made payable to the Mayor and his successors in office, in such sum and with such surety or sureties as may be by ordinance prescribed. Said treasurer shall be required to keep a book in which he shall enter a true and correct account of all moneys received, from whom received and for what purpose. 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. He 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

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shall be made to the Mayor and Council at a regular meeting; provided, that said clerk-treasurer shall spend no moneys except by order of the Mayor and Council. The Mayor and the members of the Council shall not be eligible to the office of clerk-treasurer, and the person so elected must be a citizen of the town of Omega and duly qualified under the law to vote in elections for members of the General Assembly. Clerk ex-officio treasurer. Bond. Duties of treasurer. SEC. 12. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town shall have power and authority to levy and collect a tax upon all property, both real and personal, within the corporate limits of the town of Omega, not to exceed one-half of one per cent. per annum to levy and collect a specific tax upon all business, occupations or trades, public or private, exercised or carried on within the corporate limits of said town, as may be just and proper and to tax all shows or exhibitions, and all other business of every description coming with the police power of said town. They shall provide by ordinance for the return for taxation of all property in said town, both real and personal, which return shall include all species of personal property owned by the tax payer, including all money and solvent debts, all money deposited in the bank or banks within or without this state, which return shall be made to the Clerk of Council at a time fixed by said Council. They shall also provide by ordinance a time for the return of property for taxation to the Clerk of Council and also fix a time for payment of said taxes. Said return of property for taxation shall be made under oath by the tax payer at such time as may be fixed by the Mayor and Council. Taxation. SEC. 13. Be it further enacted by the authority aforesaid,

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That should any tax payer fail 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 tax payer of such assessment, who shall have the right of appeal to a Board of Arbitrators, which board shall be selected from the citizens of said town of Omega, Ga. The tax payer 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 and two 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 their finding there shall be no appeal. Assessments. Appeal from assessment. SEC. 14. Be it further enacted by the authority aforesaid, That upon the failure or refusal of any citizen of said town to pay all 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 o f the Mayor and signed by the said clerk which execution shall be 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 and sold as in the case of Sheriff's sales, and if upon personal property it shall be advertised and sold as required by law in case of constables sales in this state. Collection of taxes. SEC. 15. Be it 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

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all persons subject to road duty under the laws of this state to work upon the streets and sidewalks of said town, [Illegible Text] they may, in lieu of such work, provide for a commutation tax to be paid. And upon the failure of any person subject to read 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 $15.00 for each offense or may imprison such defaulter in the common jail of said town for a period not greater than twenty days or may work such defaulter under guard upon the streets of said town for not more than twenty days. They shall also have full and complete authority to lay out and open up new streets and alleys in said town. Streets, etc. Street duty Commutation tax. SEC. 16. Be it 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, and he shall cast the deciding vote. Mayor's duties and powers. SEC. 17. 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 the said town which bond or bonds 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 the duties pertaining to such officers. Bonds of officers. SEC. 18. Be it further enacted by the authority aforesaid, That should the Mayor or any member of Council or any other officer of said town be guilty of malpractice in office or gross and wilful neglect of duty, he or they may

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be removed from office and shall be subject to prosecution in the manner provided by law. Removal of officers. SEC. 19. Be it further enacted by the authority aforesaid, That there shall be a Mayor pro tempore of said town of Omega who shall be one of the town Council; he to be selected by a majority vote of said Council in which election the Mayor shall have a vote. Said Mayor pro tempore shall have authority to Act in the absence of the Mayor of said town in as full and complete manner as the Mayor should act upon all questions arising or coming before said Mayor pro tempore, in the absence of the Mayor. Mayor pro tem. SEC. 20. Be it further enacted by the authority aforesaid, That the Mayor's Court of police court of the town of Omega may be held at any place in said town or at any time except Sunday. It may be held by the Mayor or Mayor pro tempore in the absence of the Mayor under such regulation as the town Council may adopt. The officer presiding in said Mayor or police court shall have authority to punish persons convicted therein of violating the ordinances of said town by fine not to exceed fifty dollars ($50.); by confinement in the guard house, jail or other place designated or provided by the town authorities as a place of confinement, not exceeding thirty days; or by work on the chaingang, public works, streets or alleys of said town not exceeding sixty days, any one, or more, or all three of which penalties may be imposed in the discretion of the trial officer. Mayor's Court. Jurisdiction and powers. Said court shall have power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used in evidence, by punishing as for contempt. The Mayor or Mayor pro tem shall have the right and authority to issue warrants for violations of, or offences

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committed against the ordinances of said town; to issue warrants for violations of State laws, and bind over to the State Courts for such violations. In case of the absence or disqualification of both the Mayor and Mayor pro tem., the Council may designate some one of its members to preside in the Mayor's or police court, and such appointee shall be vested with the same powers for the time being as the regular officers. All warrants shall be supported by affidavits and issued by the Mayor and Mayor pro tem. or the special appointee hereinbefore mentioned. Where warrant is issued the trial shall be held under same and the defendant's plea of not guilty. Where arrest is made under provisions of Sections 917-921 of the Criminal Code, trial may be held without the drawing of a formal warrant. SEC. 21. Be it enacted by the authority aforesaid, That any person convicted and sentenced before the Mayor's or police court may enter an appeal from the judgment of said court to the town Council, provided, the appeal be entered within four days from date of the judgment complained of, not including Sundays. When the town Council shall hear and determine said cases so appealed at its next regular term thereafter, which investigation shall be de novo. The person appealing shall give a good and sufficient bond, to be judged of by the Mayor, for his appearance at the next regular meeting, or in default thereof, to be held in the common jail or other place of confinement in the town of Omega, or the common jail of Tift County, until the next regular meeting of Council, and the finding of the Mayor and Council shall be final. Appeals. SEC. 22. Be it enacted by the authority aforesaid, That should the town authorities deem it necessary or advisable under conditions as they may arise, they may authorize

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and empower the Sheriff of Tift County or his lawful deputy to act as Marshal of said town of Omega. Sheriff of Tift County may act as marshal when. SEC. 23. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have power and authority to establish and maintain a public school for said town, and to levy a tax for the purpose of the same; to select the officers and teachers thereof; to prescribe who shall attend said school and how it shall be run and the tuition to be paid and do all other things needful and necessary in the conduct and maintenance of said public school. Public school. SEC. 24. Be it further enacted by the authority, aforesaid, That immediately after the enactment of this bill into law any and all persons, whether officers de jure or de facta of the town of Omega, shall immediately deliver to the Mayor and Council of said town appointed under the provisions of this measure, all papers, books, records and property of every character and kind which may be in their possession, custody or control; which belong to the town of Omega. Papers, books and records. SEC. 25. All lawful items of indebtedness due the said town of Omega may, when necessary, be collected by levy and sale; execution to be against the debtor, directed to the marshal of said town, bearing test in the name of the Mayor and signed by the clerk, and sales to be made in the manner provided for tax sales. Executions for debts. SEC. 26. The marshals of said town of Omega are empowered to make arrests anywhere within the limits of Tift County for violations of the ordinances of said city upon warrant issued by the Mayor or other proper officer upon affidavit duly made. Arrests.

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SEC. 27. The arresting officers of said town may take bond for the appearance of any person arrested for and charged with any offense against the laws of the municipality, before the Mayor's or police court; such bonds shall be taken in the manner and under such restrictions and regulations as may be fixed and provided by the Mayor and Council. In the event any person for whom bond is taken shall not appear and comply with the terms of his obligation, the presiding officer shall by proper order, declare such bond forfeited, and execution shall immediately issue against the principal and his surety and levied; and sales thereunder held as hereinbefore provided. The authorities of the town of Omega are, in their discretion, authorized and empowered to make rules and regulations for the giving of cash bond or the making of a cash deposit, for the appearance of defendants to answer charges of violation of town ordinances; and to define by ordinance the manner of subjecting such deposit to the lien of the town in case of breach. Appearance bonds. SEC. 28. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved July 30, 1912. ORCHARD HILL, TOWN OF, INCORPORTED. No. 598. An Act to incorporate the town of Orchard Hill in Spalding County to provide for a Mayor and Councilmen

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and other officers of said town; to prescribe their duties, define their powers and to provide for the enacting of all necessary ordinances and to provide penalties for the violation 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 from and after the passage of this Act, the town of Orchard Hill in the County of Spalding is hereby incorporated under the name of Orchard Hill. Orchard Hill, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend 440 yards in every direction from the Central Railway depot in said town, which town shall be laid out in the form of a circle. Corporate limits. SEC. 3. Be it further enacted that the government of said town shall be vested in a Mayor and four Councilmen, who may sue and be sued, plead and be impleaded and perform any and all other acts necessary for the government of the said town under the authority of the Mayor and Councilmen of the town of Orchard Hill. Mayor and Councilmen. SEC. 4. Be it further enacted that W. J. Grubbs, Jr., be and he is, hereby appointed Mayor and A. G. Swint, A. L. Johnson, Linton Beekham and P. M. Brown, are hereby appointed Councilmen of said town to hold office until the first regular election as hereinafter provided for and until their successors are elected and qualified. First Mayor and Councilmen. SEC. 5. Be it further enacted that on the first Saturday in December and annually thereafter on the same day, an election shall be held in said town for Mayor and Councilmen, whose terms of office shall be one year or until

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their successors are elected and qualified no one shall vote for or be eligible to said offices of Mayor and Councilmen who is not a bona-fide citizen of said town, and who is not qualified to vote for members of the General Assembly of this State. The said election shall be conducted in the same manner as elections for County officers of this State and certificates of the managers shall be sufficient authority to the persons elected to enter upon the discharge of the duties of the officers to which they have been elected. Mayor and Councilmen, election of. SEC. 6. Be it further enacted, That before entering upon the discharge of their duties as Mayor and Councilmen they shall take and subscribe to the following oath which may be administered by any person authorized by law to administer oaths. I do solemnly swear that I will faithfully discharge all duties of Mayor or Councilmen of the town of Orchard Hill to the best of my ability, so help me God. Oath of Mayor and Councilmen. SEC. 7. Be it further enacted, That the Mayor and Council shall have the power to levy and collect a tax not to exceed one-half of one per centum upon all real and personal property within the corporate limits of said town to lay out streets and lines and compel all persons within the corporate limits of said town who are subject to road duty to work on the streets of said town, or they may at their discretion, impose a commutation tax in lieu of said work on the streets of said town the Mayor and Councilmen being exempt from road duty. Taxation. SEC. 8. Be it further enacted, That the Mayor of said town shall have authority to try all persons charged with a violation of the ordinances of said town at any time and punish persons proven guilty by a fine not to exceed fifty

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dollars or thirty days imprisonment or to work upon the streets of the said town thirty days, provided any person may appeal from the Mayor's decision to the Council by giving written notice at the time which said appeal shall be heard at the next regular session of Council. Punishment of offenders SEC. 9. Be it further enacted, That from the Councilmen elected a Mayor pro tempore shall be chosen, who shall act instead of the Mayor when he is absent, disqualified, or under other disabilities. Mayor pro tem. SEC. 10. Be it further enacted, That the Mayor and Councilmen appointed by this Act and each succeeding Mayor and Council elected and qualified under this Act shall at their first meeting proceed to elect a marshal who shall be a citizen of said town they shall have authority to fix his salary and otherwise regulate his duties. Marshal. SEC. 11. Be it further enacted, That the Mayor and Council shall have power to pass such ordinances and laws deemed necessary for the proper government of said town, and observe such rules for collecting taxes and licenses and fines and all other money due the corporation, and appoint all the officers in their judgment for the correct administration of Justice in said town. General powers. SEC. 12. Be it further enacted, That the said Mayor and council shall have the power to require a license of persons giving exhibitions and shows of all kinds, also power to regulate and license butcher pens, black smith shops, railroad and express companies, and business houses of all kinds, also factories, etc. Licenses. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 19, 1912.

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OSIERFIELD, CITY OF INCORPORATED. No. 608. An Act to incorporate the City of Osierfield in the County of Irwin, State of Georgia to define the corporate limits of said City; to provide for a Mayor and Aldermen and other officers of said City, to provide for the compensation of the Mayor and Aldermen of said City; to provide their powers and duties; to confer upon the said Mayor and Aldermen the power to enact municipal ordinances for the governing and control of said City, and to provide for the enforcement of said ordinances and for penalties for the violation of the same, to provide for all matters of concern of said City, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, the City of Osierfield, in the County of Irwin be, and the same is hereby incorporated as a City under the name and style of the City of Osierfield. Osierfield, City of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said City shall extend one-half mile in a northerly, easterly, southerly and westerly direction from the center of the Atlanta, Birmingham and Atlantic railroad track, at a point 440 yards eastward of the crossing of the Fitzgerald, Ocilla and Broxton and the Atlanta, Birmingham and Atlantic railroads, so as to embrace a circle within a diameter of one mile, the center of said circle to be on the railroad track as aforesaid; that

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the territory and the inhabitants embraced therein be, and the same is hereby incorporated under the name and style of the City of Osierfield. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said City shall consist of a Mayor and four Aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and Aldermen of the City of Osierfield, and by that name shall be capable of suing and being sued in any Court of law or equity in this State, or of the United States, to plead and to be impleaded, and to do all other acts consistent with their capacity shall have power to purchase, hold and possess and enjoy to themselves or their successors in office or assigns for the sole use of the said municipality in perpetuity, or for a term of years which may be located in said City; to sell the said property or lease the same in any way whatever. Mayor and Aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That after the passage of this Act R. H. Pate, be, and he is hereby made Mayor of said city; and C. T. Weaver, G. F. P. Dickson, L. G. Maddox, W. J. Lewis, and W. A. Lewis, be and they are hereby made aldermen of said city, who shall hold their respective offices until the 1st day of January 1913, or until their successors are elected and qualified. That on the first Wednesday in December 1912 and on the first Wednesday in every second December thereafter there shall be held an election in said city to elect a Mayor and aldermen thereof, the newly elected officials to take the oath of office and assume the duties thereof on the 1st day of January following their election. Said election shall be advertised at least ten days before the day set for the same by posting notices thereof at at least three

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public places in said city. All elections in said city shall he held at the regular designated meeting place of the city Council, and the law as applicable to county or State elections shall govern same with reference to the election managers. First Mayor and Aldermen. 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 city of Osierfield, 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 city of Osierfield for at least three months next preceding the election at which he offers to vote. Qualified voters. SEC. 6. Be it further enacted by the authority aforesaid, That the returns of said elections held in the city of Osierfield for Mayor and Aldermen thereof shall be made to the retiring Mayor and Aldermen of said city, and they shall declare the result of said election. In the event the office of Mayor or either of the aldermen shall become vacant from any cause, the Mayor by the advice and consent of a majority of the Aldermen shall appoint some discreet and proper person to fill the unexpired term of aldermen, and in case the office of mayor shall become vacant for any cause whatsoever, then a majority of the board of Aldermen shall appoint some fitted, discreet and proper person to serve out the unexpired term of said officer, in which case the appointee shall have the qualifications as provided by this Act. Returns of elections. 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 said City of Osierfield shall subscribe to and take the following oath

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of office: I do solemnly swear that I will faithfully discharge all duties devolving upon me as mayor or Aldermen (as the case may be) of the City of Osierfield in Irwin 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 or police as they may deem necessary to preserve the peace of said city, and for collecting the revenues of said city, and 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 subordinate officers as they may deem proper for the carrying out of this charter and the proper conduct of the affairs of said city 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 may deem expedient and necessary. Officers elected by Mayor and Aldermen. SEC. 9. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have power to make and pass such ordinances, by-laws, rules and regulation that they are a majority o fthem may deem necessary for the good order, peace, health and good government of said City, and for the enforcement of all powers herein granted, provided they are not in conflict with the Constitutions of this State or of the United States. Police ordinances. SEC. 10. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have full and

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complete jurisdiction over all streets, alleys, lanes and sidewalks of said city; that they shall have the power to lay off, alter and abolish or establish any street, alley, lane or sidewalk in said city, and that they shall have the power to prescribe by ordinance how many days each person shall work on the streets of said city each year, and may allow each person liable to work on said streets to pay in lieu thereof a commutation tax. No person shall be required to pay said tax or to work said streets who has not attained the age of sixteen years. Streets, etc. Street duty. Commutation tax. SEC. 11. Be it further enacted by the authority aforesaid, That the 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 to work on the streets of said city but no fine shall be imposed of more than fifty dollars, and no person shall be forced to work on said streets or imprisoned in the guard house for a longer period than thirty days. Punishment of offenders. SEC. 12. Be it further enacted by the authority aforesaid, That the said Mayor and Aldermen of Osierfield 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 city. Mayor pro tem. SEC. 13. Be it further enacted by the authority aforesaid, That the Mayor of said city and in the absence or disqualification of said Mayor, the Mayor pro tem 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 city of Osierfield, and shall have authority to sit as a committing court to inquire into any offense committed

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within the corporate limits of said city and shall have power and authority to bind over any offender to answer to the proper court in Irwin County for the violation of any State law, and when it shall appear that any State law has been violated said officer is hereby required and it is hereby made his duty to bind over such offender to the proper Court of Irwin County, 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. Commitments. Appearance bonds. SEC. 14. Be it enacted by the authority aforesaid, That the Mayor and Aldermen of said city shall have the power to define a public nuisance, and to abate the same, and punish those maintaining the same. Public nuisance, abatement of. SEC. 15. 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 city, and to levy such annual ad valorem tax on the same for public purposes and for the government of said city as in their discretion would be for the betterment of the city of Osierfield and the citizens thereof, provided that such ad valorem tax in no instance shall exceed two mills per annum. Ad valorem tax. SEC. 16. Be it further enacted by the authority aforesaid, that the said Mayor and Aldermen shall have the power to tax all shows of every kind or character whatsoever, all auctioneers, slight of hands performers, 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 for the support of the city government. Special taxes.

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SEC. 17. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of the said city of Osierfield shall have the power and authority to provide by ordinance when the taxes of said city 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. Payment of taxes. SEC. 18. Be it further enacted by the authority aforesaid, That the said Mayor and Aldermen of said City shall be exempt from all street duty and street tax, and they shall receive no other compensation for their services, provided, however, that the secretary and treasurer of said city may be allowed such compensation as the Mayor and Aldermen may deem proper in order to secure ample services. Mayor and Aldermen exempt from street duty. SEC. 19. 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 19, 1912. PATTEN, TOWN OF, CHARTER REPEALED. No. 371. An Act to repeal An Act to incorporate the town of Patten in Thomas County, Georgia, provide a government for same and for other purposes, Approved Aug. 13, 1907.

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SECTION 1. Be it enacted by the General Assembly of Georgia, that from and after the passage of this Act the above recited Act is hereby repealed. Patten, town of, charter repealed. SEC. 2. Be it further enacted by said authority that all conflicting laws are hereby repealed. Approved August 5, 1912. PERRY, TOWN OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 368. An Act to amend an Act entitled An Act to establish a Public School system for the town of Perry, Georgia, etc, approved September 26, 1889, so as to provide for the election by the people of the members of the Board of Education 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 an Act entitled An Act to establish a Public School system for the town of Perry Georgia, etc. Approved September 26, 1889, be and the same is hereby amended by striking therefrom all of Section 11 of said Act, and inserting the following: Section 11. Be it enacted, that there shall be a board of education of said town of Perry, consisting of six members to be elected by the qualified voters of said town at the next general election for Mayor and Aldermen of said town: said election to be held at the same time, place, and manner as the election of said Mayor and Aldermen is held; the term of said

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members so elected shall be two, four, and six years, to be determined by lot at the first meeting of said Board after said election; two of said Board to hold for two years, two for four years, and two for six years. Perry, town of, Board of Education, election of. An election shall be held every two years after said first election at the same time, place and manner as the officers of said town, for the election of the two members whose terms expire, and the terms of the two persons so elected shall be six years. In any election of members of said Board the persons receiving the highest number of votes shall be declared elected, and the certificate of the managers of said election when entered on the minutes of said Board, shall be prima facie evidence that such persons were elected. Any qualified voter and freeholder in said town shall be eligible to election to said Board. In the event of a vacancy in the membership of said Board, said Board may by a majority vote of its members elect any qualified person to fill the unexpired term; Three members shall constitute a quorum of said Board for the transaction of any business of said Board. Who are eligible. SEC. 2. Be it further enacted, That the provisions of this Act shall not take effect until said Board shall have been first elected in accordance with the term of Section 1 of this Act. This Act effective when. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 5, 1912.

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PINE PARK, TOWN OF, CHARTER AMENDED. No. 466. An Act to amend an Act to incorporate the Town of Pine Park in Grady County approved August 15th, 1910, by striking out the figures 1913 in the last line of Section 27 of said Act and inserting in lieu thereof the figures 1912, 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 entitled An Act to incorporate the Town of Pine Park in the County of Grady, approved August 15th, 1910, be amended by striking out the figures 1913 in the last line of Section 27 of said Act and inserting in lieu thereof the figures 1912, so that the section as amended will read as follows: Be it further enacted by the authority aforesaid, That the Mayor and Council upon 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 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

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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, 1912. Pine Park, town of, election to establish public school system. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. PITTS, TOWN OF, CHARTER AMENDED. No. 357. An Act to Amend an Act entitled an Act to incorporate the town of Pitts in the County of Wilcox, so as to confer upon the Mayor and Council of said town the specific power to pass and enforce such ordinance or ordinances as they may deem proper to regulate or prohibit the running at large within the corporate limits of said town

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of all animals of a domestic nature, commonly known as live stock, also dogs And further, to empower the Mayor and Council of said town to issue bonds for the digging of an artesian well or wells for the erection of a lighting plant or plants, and for the purpose of erecting and equipping a public school building, to repeal conflicting laws and for other purposes. Said Act hereby to be amended, approved August 23d, 1905. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 3 of the Act referred to in the caption of this Act be and the same is hereby amended by adding at the end thereof the following: That the Mayor and Council of said town are expressly hereby empowered to enact such ordinance or ordinances as they may deem proper for the purpose of regulating or prohibiting the running at large of all domestic animals, commonly known as live stock also dogs, within the corporate limits of said town of Pitts, and said Mayor and Council are further empowered to issue bonds as hereinafter provided for the purpose of digging an artesian well or wells, for the erection of a lighting plant or plants, and the erection and equipment of a public school building in and for said town. So that when so amended said Section 3 shall read: Section 3. Be it further enacted, That the municipal government of said town shall consist of a Mayor and five Councilmen, who are hereby constituted a body corporate under the name and style of the town of Pitts, and by that name and style shall have perpetual succession, with the power to make and enforce such ordinances and by-laws for municipal purposes that may be deemed proper, not in conflict with the charter of said town nor the Constitution and laws of this State nor the United States, and with the power in and by said

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corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all the courts of this State, and be able in law to purchase, hold, receive, enjoy, preserve and retain for the use and benefit of said town of Pitts any property, real or personal, for any term of years, within or without the corporate limits of said town, for corporate purposes and to have and use a common seal. That the Mayor and Council of said town are expressly hereby empowered to enact such ordinance or ordinances as they may deem proper for the purpose of regulating or prohibiting the running at large of all domestic animals, commonly known as live stock, also dogs, within the corporate limits of said town of Pitts, and said Mayor and Council are further empowered to issue bonds as hereinafter provided for the purpose of digging an artesian well or wells, for the erection of a lighting plant or plants and the erection and equipment of a public school building in and for said town. Pitts, town of, Mayor and Councilmen, powers and duties. Live stock. Bonds. SEC. 2. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have power and authority to provide for and order an election for the purpose of voting bonds in said city, to provide funds for the digging of an artesian well or wells and erecting and equipping a system of water works in said town, and for the erecting and equipping of a lighting plant or plants for said town, and for the purpose of erecting and equipping a public school building for said town. Such election shall be held and notice of same given as required in Sections 440, 441 and 442 of the Code of Georgia 1910, and the Constitution of Georgia. Election for bonds. SEC. 3. Be it further enacted by the authority aforesaid, That when the requisite two thirds majority of the

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qualified voters of said town in an election ordered for that purpose shall vote for bonds for any purpose hereinbefore designated, the Mayor and Council shall at once issue said bonds in such denominations as to them shall be deemed best, and shall hypothecate or sell the same to the best and highest bidder for cash after advertising the same for sale and sealed bids solicited through one of the New York newspapers, one of the Atlanta papers and the public Gazette of Wilcox County for at least thirty days; provided, that said bonds shall not be sold at less than par value, shall not run longer than thirty years, and shall not bear interest above seven per cent per annum, the same to be paid annually. Issuance of bonds. Sale of bonds. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 16, 1912. PLAINFIELD, TOWN OF, INCORPORATED. No. 393. An Act to incorporate the town of Plainfield, in the County of Dodge, 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 the same,

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That on and after the passage of this Act, the town of Plainfield, in the County of Dodge, be, and is, hereby incorporated as a town, under the name of the town of Plainfield. Plainfield, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Plainfield shall be one thousand yards in every direction from the present Bank of Plainfield building, said building 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, providing, that it is not intended by this provision of this Act that the corporate limits or the corporate territory of the town of Plainfield shall in any wise encroach upon the territory of any other municipality heretofore created by the General Assembly of Georgia, and should said limits so encroach upon the confines of any other municipality, to the extent of such encroachment, and such extent only, the provisions of this section defining the corporate limits of the town of Plainfield, shall be void and of no effect. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal authorities of said town shall be a Mayor and five Councilmen, who are hereby constituted a body corporate by the name of the Town of Plainfield, 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 order, government and welfare of said town, and by said name shall, also have perpetual succession. Mayor and Councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, that

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John E. Floyd, Jr., of said town, be, and he is, hereby appointed Mayor of said town and I. N. Parkerson, J. C. Peacock, E. L. Smith, W. A. Butler, and W. P. Ussery, 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. First Mayor and Councilmen. SEC. 5. Be it further enacted, That the first Tuesday in January, 1913, and annually thereafter on the same day, and in the same months, an election shall be held in said town for a Mayor and 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 Tuesday in January, 1913, three Councilmen shall be elected to fill the position of W. P. Ussery, W. A. Butler and J. C. Peacock to hold their office for a term of two years, and at the next election, towit: On the first Tuesday in January, 1914, two Councilmen shall be elected to fill the position of E. L. Smith, and I. N. Parkerson, who shall hold their office for a term of two years, and this arrangement is made so that the terms of three of the councilmen of said town shall expire at different times from the terms of the remaining two, the purpose being to elect a Mayor annually, as well as three Councilmen at the first election to be held under this charter, to hold for two years, and at the next election to be held under this charter, to-wit: On the first Tuesday in January, 1914, to elect two Councilmen, to hold for two years, and so on alternately, so that at all times either three or two of the old members of the 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. Qualified 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 to-wit: 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 Plainfield (as the case may be), according to the best of my ability, so help me God. Said oath, with the certificate of the officer administering the same, shall be filed with the officer entrusted with the records of said town. Oath of Mayor and Councilmen. SEC. 8. Be it further enacted, That the Mayor and Councilmen of said town of Plainfield 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. Officers elected by Mayor and Councilmen. SEC. 9. Be it further enacted, that the Mayor and Council of said town 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

Page 1211

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 the Mayor and Council shall be a nuisance; to protect the person and property of the citizen 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 in conflict with, or contrary to, the Constitution and the laws of Georgia and of the United States, that they in their judgment and discretion may deem necessary or expedient for the better control of the governmental affairs of said town, and most conducive to the general welfare, prosperity and happiness of the citizens thereof; 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 of not exceeding thirty days. Powers of Mayor and Councilmen. SEC. 10. Be it further enacted, That the said town shall have the power and right, through its Mayor and Councilmen to organize a work gang and to confine at labor therein for a term not exceeding thirty days, persons convicted of violating the ordinances of said town. Work gang. SEC. 11. Be it further enacted, That the Mayor of said town shall have the power and authority to bind over

Page 1212

or commit to jail offenders against any criminal law of Georgia, whenever in the course of investigation before him a proper case is made out by evidence. Commitments. 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 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 officer of said town. Mayor pro tem. Vacancies, how filled. 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 thirty days in the work gang as hereinbefore provided. The Mayor shall in no case impose a fine exceeding fifty dollars, he may in his discretion as regards offenders against the ordinances of said town, fine them in a sum not exceeding fifty dollars, or punish them by imprisonment in the jail house in said town, if there is one, for not exceeding thirty days, or punish them by requiring them to work on the work gang of said town for not exceeding thirty days. Said Mayor may in his discretion inflict either of these three modes of punishment or all of

Page 1213

them as he thinks the fact of the particular case may warrant. Powers and duties of Mayor. SEC. 14. Be it further enacted, that said corporation shall have and enjoy all the rights, powers, privileges incident to such corporation, as conferred upon such corporations by the Constitution of Georgia, and the general statutes of the State of Georgia, and which are in no way repugnant to the Constitution and laws of the United States and of this State. Corporate rights, powers and privileges. 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 7, 1912. REX, CITY OF, INCORPORATED. No. 413. An Act to incorporate the City of Rex, in the County of Clayton, in the State of Georgia, to grant certain privileges of said city; to prescribe and define its corporate limits to provide for the election of a Mayor and Councilmen of said city; to prescribe their duties, powers, qualifications and manner of their election and terms of office; to prescribe the qualifications of electors; to provide for the government of said city; to provide for the exercise of the right of eminent domain in and by said city; to provide a system of public schools for said city and the maintenance of the same;

Page 1214

to provide for the election of a board of education for said city; to provide a system of taxation for said city, under such restrictions as are provided by the State law, whenever in the judgment of the Mayor and Council of said city such course may be deemed advisable, and for other purposes. SEC. 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 Rex in the county of Clayton, be, and the same is hereby incorporated under the name and style of City of Rex, and by that name shall be, and are, hereby invested with all the right, powers and privileges incident to municipal corporation in this State and the said City of Rex, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have the use of a common seal, make and enact through its Mayor and Council, such ordinances, rules, regulations and resolutions for the transactions of its business and the welfare and proper government of said city 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 City of Rex, 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 city, for corporate purposes. Rex, City of, incorporated. Mayor and Councilmen. SEC. 2. Be it further enacted, That the government of said city shall be vested in a Mayor and four Councilmen. The following shall compose the Mayor and Council of said city: J. H. Heflin, Mayor, and C. W. Powell, R. E. Kyle, W. R. Fullerton, and J. W. Estes Councilmen, who shall

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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. First Mayor and Councilmen. SEC. 3. Be it further enacted that on the first Wednesday of January of each year, 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 Mayor and Councilmen shall perform all the duties of the Council, provided that there is a Mayor pro tem and a quorum of Councilmen. In case there is not a quorum of Councilmen, the remaining 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 therein. 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. Vacancies, how filled. Mayor pro tem. SEC. 4. Be it further enacted that the corporate limits of said city shall be as follows: Beginning at a point on the McDonough Road where the land line between W. C. Estes and Frank Green crosses same going west along said land line about 3,000 feet to Cotton Indian creek, thence southly along said creek about 825 feet to the land line between Mrs. Rosa Lawrence and J. P. Barr, thence south along said line about 450 feet to a corner between the land of Mrs. Rosa Lawrence and J. T. Mitchell, thence west

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along the line between the lands of Mrs. Rosa Lawrence and J. T. Mitchell about 2,900 feet to the public road connecting the Rex and Stockbridge roads thence northly along said road about 500 feet to the public school property, thence west 210 feet along the line between the school property and E. L. Dees, thence north 210 feet to the Rex public road, thence west along said road about 450 feet to the public road between the property of M. R. Stephenson and R. E. Kyle, thence northly about 3,200 feet to the Ellenwood fork of Cotton Indian creek, thence southeasterly about 2,800 feet along said creek to the Southern Railroad, thence northly along the Milam fork of Cotton Indian creek about 2,700 feet to the McDonough road, thence southly along said road about 5,200 feet to starting point. Corporate limits. SEC. 5. Be it further enacted, that the said Mayor and council shall elect one of their number clerk and treasurer, and shall have the power to elect a city marshal and such other city officers as they may deem necessary for the purpose of carrying into effect the purpose of this Act, and that said city marshal, Mayor or Councilmen may arrest without warrant any person quilty of a violation of the ordinances of said city or reasonably suspected thereof; and bring the offender before the Mayor's court for trial, to this end said city marshal, Mayor or Councilmen as the case may be, may summon any of the bystanders as a posse to assist in such arrest and to provide a punishment for any person failing or refusing to obey such summon. Officers elected by Mayor and Council. Marshal and his duties. SEC. 6. Be it further enacted that the Mayor of said city, and in his absence, the Mayor pro tem shall be chief executive of said city; it shall be his duty to see that all ordinances, by-laws, rules, regulations and orders of the Mayor or the Mayor and Councilmen are fully executed, and

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he shall have control of the marshal of said city and his deputies and he may appoint special police whenever he may deem it necessary, and it shall be his special duty to see that the peace and good order of said city are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all violators and disorderly persons in said city. He shall have the power to issue all executions for all fines, penalties and costs imposed by him and issue warrants for the arrest of all disorderly persons or those guilty of disorderly conduct in said city and in default of immediate payment of all fines and penalties and costs imposed he may imprison the offender. The fine imposed by said Mayor or Mayor pro tem. shall in no case exceed sum of fifty dollars, and the imprisonment shall be in the jail of said city or in such other place of safe keeping as they may designate and shall be for not longer than thirty days, or he may in lieu of such imprisonment, sentence such offender to work upon the streets of said city for a period not to exceed thirty days from the date of such sentence or from date when the same is finally put into execution. Powers and duties of Mayor. SEC. 7. Be it further enacted, that when said Mayor or Mayor pro tem. holds a court in the City of Rex to try offenders against the ordinances of the city, he shall have the power to sit as a justice of the Peace, and shall have the right to commit to jail of Clayton County, or admit to bail (provided the offense be bailable) for any violation of the State's laws, and the jailer of Clayton County shall be authorize to receive all such persons so committed and delivered by said authorities to him, the same as other prisoners committed to him. Mayor's Court. SEC. 8. Be it further enacted, That the Mayor and

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Council shall have the power and authority to require all male persons within the corporate limits of said city who are between the ages of sixteen and fifty years, to work the streets of said city under the direction of the marshal or his deputy, for a period of ten days, in each year, or he may prescribe a commutation tax, not to exceed the sum of four dollars, which may be paid in lieu of such work upon the streets. Said Mayor and Council may pass such ordinances as they may deem proper for the enforcing of this Section. Street duty. Commutation tax. SEC. 9. Be it further enacted, That the Mayor and Council shall have the power to annually levy and collect a specific tax on any business, trade, occupation, profession or calling carried on or conducted within the limits of said city of Rex. Specific tax. SEC. 10. Be it further enacted, that the Mayor and Council shall have the power to annually levy and collect an ad valorem tax not to exceed five mills on the dollar on all the property, real and personal subject to State and County taxes; within the corporate limits of said city, for the purpose of carrying into effect the conditions of this charter, and that such taxes shall become due and collectable at such time and in such manner as may be prescribed by ordinance of said Mayor and Council. Ad valorem tax. SEC. 11. Be it further enacted, That the sale of spiritous, malt, or intoxicating liquors or beverages shall never be licensed in said city, and the sale thereof is hereby forever prohibited. Prohibition. SEC. 12. Be it further enacted, That the Mayor and Council shall be exempt from street tax or other street duty and that said Mayor and Council may receive such other compensation as the Mayor and Council may direct. Mayor and Council exempt from street duty or tax.

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SEC. 13. Be it further enacted, That the Mayor and Councilmen of said city shall have the power to define a public nuisance and to abate the same and punish those maintaining the same. Public nuisances. SEC. 14. Be it further enacted, That all vacancies occurring in the offices of said city shall be filled at any time by the Mayor and Council excepting vacancies in the offices of Mayor and Council, which shall be filled by an election ordered by the the Mayor and Council for that purpose. Vacancies, how filled. SEC. 15. Be it further enacted, That the Mayor and Council shall build, erect and maintain a guard house or jail for their use in the confinement of offenders and to be used in any and all ways nceessary to carry out the provisions of this Act. Prison. SEC. 16. 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 said city, and to prescribe penalties for violations thereof. Idleness and loitering. SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1912. ROME, CITY OF, CHARTER AMENDED. No. 358. An Act to amend An Act to amend, consolidate and supersede the several Acts incorporating the City of Rome

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in Floyd County and State of Georgia; to create a new charter and municipal government for said city; to extend and define the corporate limits thereof; and to declare the rights and powers of said corporation, and for other purposes, approved August 17th, 1909, by vacating and closing certain streets and parts of streets, to provide for the reverting and disposing of the title to said streets and parts of streets; and for other purposes. SECTION 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the following streets and alleys and parts of streets and alleys, located in the City of Rome, Floyd County be vacated and closed, to-wit, all of the streets and alleys in the fifth ward of the City of Rome, lying between the Coosa River on the northerly side, the property of the Coosa Country Club on the westerly side and Branham Avenue on the southerly and easterly side; excepting, however, Coosa Avenue for a distance of one hundred and sixty five (165) feet northerly from Branham Avenue, Pennington Avenue for a distance of three hundred and thirty eight (338) feet Northerly from Branham Avenue, and a fifteen (15) foot alley extending from Pennington Avenue to Coosa Avenue along the Southerly lines of lots, 20, 21, 22 and 12, as shown by plat of River Side, filed and recorded in the office of the Clerk of Floyd Superior Court. Rome, City of, certain streets and alleys closed. SEC. 2. Be it further enacted by the authority aforesaid, That the title to all said streets and parts of streets, alleys and parts of alleys, so closed and vacated, revert to, and revest in, the owners of the adjacent lots, extending the title of each to said adjacent lots to the center of the

Page 1221

lands constituting said streets and parts of streets and alleys and parts of alleys. Reversion of title to the abandoned streets and alleys. SEC. 3. Be it further enacted by the authority aforesaid, That the charter of the City of Rome, to-wit, an Act entitled, An Act to amend, consolidate and supersede the several Acts incorporating the City of Rome in Floyd County and State of Geargia; to create a new charter and municipal government for said city; to extend and define the corporate limits thereof; and to declare the rights and powers of said corporation, and for other purposes, approved August 17th, 1909, be and the same is hereby amended by excepting from the jurisdiction of said City of Rome, over streets, alleys, squares, sidewalks and crossings, as the same is given by Section thirty one (31) of said Act, the streets and parts of streets and alleys and parts of alleys hereinbefore closed and vacated. Jurisdiction of city over vacated streets and alleys. 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 July 31, 1912. ROME, CITY OF, CHARTER AMENDED. No. 447. An Act to Amend An Act to amend, consolidate and supersede the several Acts incorporating the City of Rome in Floyd County and State of Georgia; to create a new Charter and municipal government for said

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City; to extend and define the corporate limits thereof; and to declare the rights and powers of said corporation, and for other purposes. Aproved August 17, 1909, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section six (6) of an Act entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Rome in Floyd County and State of Georgia; to create a new Charter and municipal government for said City; to extend and define the corporate limits thereof; and to declare the rights and powers of said corporation and for other purposes approved August 17th, 1909, be and the same is hereby amended as follows, to-wit, by striking the words six hundred from the eighth line thereof, and inserting in lieu thereof the words twelve hundred; and by striking the figures $600.00 from the ninth line thereof and inserting in lieu thereof the figures $1,200.00; so that said Section as amended shall read as follows, to-wit: Section 6. Said Mayor shall have the power to convene in special session whenever, in his judgment, the exigencies of the case may require it. He shall be a member ex-officio of all municipal boards and commissions, now or hereafter created, with the same rights powers and privileges as other members of said boards and commissions. Said Mayor shall have an adequate salary to be fixed by Council not to exceed twelve hundred ($1,200.00) dollars per annum, which shall not be changed during his term of office. Said Mayor shall discharge such other duties as may be imposed upon him; and before enterring on the discharge of the duties of his office, shall take and subscribe before some judge of the Superior Court, City Court or Justice of the Peace, the following oath, I swear that I will faithfully

Page 1223

and impartially demean myself as Mayor during my continuance in office; that I will discharge the duties of the office to the best of my ability; that in the enactment and revision of all legislation I will have due regard for the Constitution and laws of the State and the charter of the City of Rome, Georgia. Rome, City of, Mayor's powers, duties, salary and oath. SEC. 2. Be it further enacted; That Section twenty seven (27) paragraph fifty-six (56) of said Act be amended by adding thereto the following words, to-wit: And to provide for placing said department upon a civil service basis, and also to provide that the officers and men may hold their positions for an indeterminate period, so that paragraph 56 as amended shall read as follows: (56) To have, maintain and regulate a fire department, either paid or volunteer, and to provide for placing said department upon a civil service basis, and also to provide that the officers and men may hold their positions for an indeterminate period. Fire department under civil service. SEC. 3. Be it further enacted that Sections 65, 66, 67, 73, 74, 76 and 77 of said Act be and the same are hereby repealed. Sections repealed. SEC. 4. Be it further enacted, That said Act be amended by striking therefrom Section sixty-eight (68) and inserting in lieu thereof, to be known as Section sixty-eight (68), the following to-wit: Be it further enacted: That the Mayor and Council shall have the power and authority to make contracts and employ and organize such a force of officers and agents as may be necessary to successfully and economically carry out the duties by this Act required of them; they shall have the power and authority to discharge any person or persons employed whenever they think it advisable

Page 1224

so to do, without formal notice or trial. All officers and agents employed by the Mayor and Council, except ordinary laborers and mechanics, shall take and subscribe an oath to faithfully perform the duties of their office, and shall give bond payable to the City of Rome, Georgia, in a surety company for such amount as the Mayor and Council may designate, to be approved by the Mayor, conditioned for the faithful performance of the duties of their office. Officers and employees employed by Mayor and Council. SEC. 5. Be it further enacted, That said Act be amended by striking therefrom Section sixty nine (69) and inserting in lieu thereof, to be known as Section sixty-nine (69) the following Be it further enacted, That whenever the Mayor and Council shall deem it proper to macadamize, pave or otherwise improve any of the streets, lanes or alleys, or to improve the sewerage or water works system, they shall have a survey made of the streets, sewerage and waterworks system, and plans, specifications and estimates of the cost of improvements contemplated; they shall establish and fix the grades of the streets to be improved, and shall determine the size and location of all sewers and the mains for the water system, thereupon they may proceed to make said improvements as hereinafter provided. Street imimprovements. SEC. 6. Be it further enacted, That said Act be and is hereby amended by striking therefrom Section seventy-one (71) and inserting in lieu thereof, to be known as Section seventy-one (71) the following, to-wit: Be it further enacted, that on the completion of one or more Sections of pavement, between any one or more intersecting streets of said city, that the Mayor and Council of said city shall ascertain the proportionate cost of said pavement, including street intersections, headers, curbing and intakes, with

Page 1225

or without including sidewalks, chargeable to abutting owners, public service corporations or other persons occupying or using said streets, and shall cause its clerk to give written notice of the result to such abutting owners or public service corporations or other persons, and the amount so assessed shall be and become immediately due and payable, a copy of which notice shall be served on the owner or occupant thereof by any officer of the city and return thereof made on the original, which original shall be kept in the clerk's office and recorded on the minutes, together with the entry of service thereon, and the city shall proceed immediately to collect the same and pay the money over to the city treasurer, to be paid out to contractors or transferees for material or work on pavement account. Assessments for street improvements. (a.) Such abutting owners, public service corporations, or such other persons may, at their election, pay one fourth of the amount assessed against them in cash, within ten days from date of notice served upon them, and the remaining three-fourth in four equal annual installments with interest thereon at seven per cent per annum, payable annually from date of such notice, provided, that on default in the payment of any one of said installments, the remaining installments shall become immediately due and payable and shall be immediately collected as herein provided. Assessments may be paid in installments. (b) A special lien is hereby created on and against the land of abutting owners and on and against the land and property of public service corporations and others for assessments so made against them, and on failure to pay the full amount of such assessment in cash, within thirty days after the service of such notice, the Mayor and Council shall by its clerk cause execution to be issued against such abutting owners, public service corporations or others

Page 1226

for the amount of such assessment or assessments, bearing seven per cent interest from the date of such notice, but if such abutting owners, public service corporations, or others, shall elect to pay their assessments on the installment plan, then and in that event, the Clerk shall issue execution for the unpaid installments, to be held in abeyance, subject to transfer to contractors or others, as part payment of the contract price, or to be held by the city, should the City on any account be entitled thereto, but not to be levied or collected unless or until default shall be made in the payment of any one or more of said installments. Lien of assessments. (c.) All executions authorized to be issued under this Act, or under any provision of the charter of the City of Rome, relating to the subject matter herein referred to, shall be levied and collected as other tax executions in favor of said city are now levied and collected. Executions, how levied and collected. (d.) The clerk of the City Council may, by direction of the Mayor and Council, transfer said executions to contractors or others, by a suitable entry thereon and they may be then docketed as State and County executions are docketed, when transferred, under the laws of this state and the lien herein created thereby preserved. On the payment of all installments said executions shall be fully satisfied by the holder thereof. Transfer of executions. (e) Should any abutting owner, public service corporation or other person desire to contest the amount of their assessment or the legality of any proceeding growing out of or connected with the pavement of the streets of the city, they may do so by filing with the levying officer an affidavit of illegality and stating therein the cause of such illegality, and the amount which he admits to be due, which amount so admitted to be due shall be paid to the levying officer

Page 1227

before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Floyd County and there tried, and the issue determined as in cases of illegality subject to the penalties provided as in cases of illegality filed for delay, and it shall be the duty of the Judge of the Superior Court to give preference to these cases over all other cases pending in said court. Illegalities. (f.) The method herein provided for the collection of the proportionate part of paving account, from any and all persons and corporations liable therefor in favor of contractors and other transferees of executions is for their use and benefit and shall not be held or taken in any event to make the city liable on account thereof, or for court costs in contested cases, or in any claim. Liability of city. (g.) The Clerk of the City Council may transfer and assign, without recourse on the city, any execution or executions issued under this act, or under the Act of August 22d, 1907, creating the Board of Public Works for the City of Rome, and in that event, the owners of such execution shall be entitled to any and all the remedies herein provided for the levy and collection of such execution by and through the officers of the city as if no such transfer or transfers had been made. Transfer of executions. SEC. 7. Be it further enacted that said Act be and is hereby amended by striking therefrom all of Section Seventy-two (72) and inserting in lieu thereof, to be known as Section seventy-two (72) the following, to-wit: Be it further enacted, That the Mayor and Council shall have full and complete control of all work of every kind to be done on the streets, sidewalks, crossings, bridges, lanes and alleys; they shall have the same control of all work to be done on the sewers and drains of said city; they

Page 1228

shall have authority to select and decide upon size, quality and amount of piping and other materials to be used in the extension and improvement of the sewerage and water works system; from time to time they shall determine what work shall be done on the streets and the character of the material therefor. They shall have authority to do any or all work by contract or by agents and employees directly. In the event any work is done by contract such contract shall be made after due advertisements for proposals, reserving the right to reject any and all proposals; and in the event of any contract being made, the contractor shall execute a bond in an amount equal to the contract price by a surety company, conditioned for the faithful performance of the contract, said bond to be payable to the City of Rome. They shall have authority to purchase all necessary material and implements for any and all work to be done, and they may sell any of such material or implements as may not be needed, or as they may deem advisable, the proceeds of such sale to be credited to the respective improvement fund to which it belongs; they shall have the right to make any and all contracts necessary or proper for the prosecution and execution of the work herein required and provided to be done; they shall keep or cause to be kept separate accounts showing the receipts and disbursements for the street improvement department, the sewerage system and water works system of the city, and shall keep and file vouchers of all expenditures showing the items and price in detail. The Mayor and Council shall before beginning to pave or macadamize any street, fix and designate the location and position for telegraph, telephone, electric light and power and street railway poles or wires and gas pipes thereon, and shall have power and authority by ordinances to require the owners of such poles, wires and gas pipes to place the same as thus located. Authority over streets, sewers, water mains, etc.

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SEC. 8. Be it further enacted, that said Act be and is hereby amended by striking therefrom all of Section seventy-five (75), and inserting in lieu thereof, to be known as Section seventy-five (75), the following, to-wit: Be it further enacted, That the Mayor and Council shall have the control of the water works system of the City of Rome lying within and without the City limits; to maintain, repair and extend said water works, and to make such betterments thereon as they may be able to pay for out of any surplus income they may have or out of any appropriations that may be made for that purpose; to erect, alter and maintain fire plugs of public hydrants in such places, within the limits of said city, and to regulate the use thereof; to supply the city with water for fire purposes, sprinkling the streets, flushing the sewers, and for such other purposes as may be necessary for or conducive to the public welfare in their discretion; to regulate the distribution and use of water in all places and for all purposes and from time to time to fix the price and time of payment for the use thereof; the clerk of Council shall issue executions against tenants and land lords, jointly or severally, for water rents due by them, or either of them, to be levied and collected by the Marshal of the city in the same manner and under the same rules and regulations as now apply to Constables' sales in this State, and the cost thereof shall be the same as now apply to such sales. Defendants in such executions who are not so indebted for water tax, may resist the payment thereof by illegality, as in other cases of illegality, returnable to either of the Justice Courts held in the City of Rome, where the amount does not exceed one hundred dollars, and to the City or Superior Court of Floyd County where the amount exceeds that sum; to require payment in advance, or at maturity,

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for water furnished by them in or upon any building, place or premises, and in case payment shall not be made as required, to shut off the water from such building, place or premises, and to keep the same, at their discretion, shut off until the arrears due for water, with the interest thereon, shall be fully paid; to enter, at all reasonable hours, by themselves, officers, or agents, any dwelling or other house or place where water is taken or used, and when unnecessary waste is known or suspected and examine into the cause thereof, to prevent any such waste; and to make, or require to be made, any alteration in the pipes, stopcocks, or other apparatus necessary for such purposes; to examine all surface pipes, stop-cocks, and other apparatus connected with said works and to ascertain whether the same are of the character and dimension fixed in the manner directed in permits issued therefor, and to shut off the supply of water until such examination and repairs are made; to make rules and regulations respecting the introduction of water into or upon any premises, and from time to time to regulate the use thereof in such manner as shall seem to them necessary or proper. Control of water works system. SEC. 9. Be it further enacted, That the City of Rome, in its corporate capacity, shall be liable for and have the benefit of all the acts and contracts heretofore done or made by the Board of Public Works, which by this Act is abolished, and that all money or property of the City of Rome in the hands of said Board of Public Works, or under their control, shall be promptly turned over to the Mayor and Council, to be held, used and expended in accordance with the charter and ordinances of the City of Rome; and all rights and remedies given to said Board of Public Works or arising out of the Acts of said Board, are

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hereby preserved, and the exercise and benefit thereof transferred to said Mayor and Council. Liability of city. SEC. 10. Be it further enacted, That the provisions of Section 3, 4, 5, 6, 7, 8, and 9 herein shall become effective on the first day of October 1912. Sections 3, 4, 5, 6, 7, 8 and 9 effective Oct. 1, 1912. SEC. 11. Be it further enacted, That Section seventy-nine (79) of said Act be and is hereby amended by striking therefrom the following words, to-wit: Provided no member shall be eligible to re-election until three years after the expiration of his term of office, so that said Section as amended shall read as follows, to-wit: SEC. 79. Be it further enacted, That a Board of Education is hereby established in lieu of the present Board of Trustees for said Public Schools, to consist of five members from the city at large. The members of said Board shall, at the time of and during their continuance in office be bona fide residents of the City of Rome. They shall be upright and intelligent citizens, and free holders of said city, and they shall hold office for a term of four years, or until their successors are elected and qualified. The first board shall be elected by the qualified voters of the city in the general election to be held on the first Tuesday in March 1910, for the election of Mayor and Councilmen, and the five persons receiving the highest number of votes cast shall be declared elected and shall constitute said Board of Education, and their successors shall be elected every four years thereafter by the qualified voters of said city. Board of Education. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1912.

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SALT SPRINGS, TOWN OF, CHARTER AMENDED. No. 391. An Act to amend an Act approved Dec. 12th, 1882, creating a charter for the Town of Salt Springs in the County of Douglas and State of Georgia, so as to authorize the Mayor and Council of said town to provide for a system of public schools for said town, to provide for the levy and collection of taxes to support and maintain the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia that the above entitled Act be, and the same is hereby amended by adding at the end of said Act an additional Section to be known as Section Fourteen, as follows: Be it further enacted, That the Mayor and Council of the town of Salt Springs are hereby authorized to levy and collect a tax annually in addition to that provided for in the Charter of said town not to exceed five-tenths of one per centum on the real and personal property of said town, for the purpose of establishing and maintaining a system of public schools in said town, provided the money so raised by taxation or otherwise for school purposes shall be used only for school purposes. Salt Springs, town of, school tax. Provided further that this Act shall not go into effect until an election shall be held in said town and the same shall be ratified by a majority of the legal voters voting at said election, which said election shall be ordered by the Mayor and Council of said town and ten days notice of

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the same given by posting a notice at three conspicuous places in said town, which said election shall be held under the same rules and regulations as govern other elections in said town. Those voting in favor of the adoption of this Act shall have written or printed on their ballots For Free Schools, and those voting against the adoption of this Act shall have written or printed on their ballots Against Free Schools. Election to ratify this Act. Provided further that if a majority of said voters are cast in favor of free schools the Mayor and Council of said town are authorized to pass such needful ordinances and rules as they may deem necessary for the purpose of carrying into effect the provisions of this Act. Provided further, That if at the election held under the provisions of this Act a majority of those voting at said election shall vote against free schools the Mayor and Council of said town may order another election held under the provisions of this Act after the expiration of twelve months after said first election shall be held, and annually thereafter until free schools are established in said town. Elections from time to time. 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 7, 1912.

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ST. GEORGE, CITY OF, CHARTER AMENDED. No. 539. An Act to amend an Act to incorporate the City of St. George, in the County of Charlton and State of Georgia, approved August 21st, 1906, by enlarging and defining the powers and duties of the Board of Tax equalization provided for in Section 24 of said Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 24 of an Act to incorporate the City of St. George, in the County of Charlton and State of Georgia, approved August 21st, 1906, be and the same is hereby amended by enlarging and defining the powers and duties of the Board of Tax equalization provided for in said Section, so that in addition to the duty of hearing and passing upon all complaints of unequal assessment said Board shall hear and determine any and all complaints that the property of the tax payer has been assessed for more than its just and true market value, and the decision of said Board in fixing the valuation thereof shall be final. St. George, City of, Board of Tax Equalization, powers and duties of. Complaints. SEC. 2. Be it further enacted, That the Mayor and Board of Aldermen shall fix the time within which all complaints may be filed with said Board of Tax equalization and prescribe the time for the hearing of same, and the notice thereof to be given to the complainant. Complaints, when heard. SEC. 3. And be it further enacted, That all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 17, 1912.

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SARDIS, TOWN OF, INCORPORATED. No. 508. An Act to incorporate the town of Sardis in the County of Burke; to define its corporate limits; to provide for the selection of a Mayor and Council, and other officers of said town; to prescribe the duties and powers of said officers; to provide for the government of said town; to provide for raising the necessary revenues by taxation; to provide for all matters of municipal concern; 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 Sardis, in the County of Burke, State of Georgia, be and the same is, hereby incorporated under the name and style of Sardis. Sardis, town of, incorporated. SEC. 2. Be it further enacted, That the municipal government of the town of Sardis, shall be vested in a Mayor and five Councilmen, to be selected as hereinafter provided, and to be known as the Mayor and Council of Sardis, and by that name and style they shall have perpetual succession, shall have a seal, and be capable in law to have, hold, receive, enjoy, possess and retain, to them and their successors, for the use of the town of Sardis for corporate purposes, any estate, real or personal, of every kind, character or nature, either within or without the incorporate limits of said town, and be capable of suing and being sued, pleading and being impleaded in any Court of law or equity in this State, in the name of the town of Sardis. Mayor and Councilmen.

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SEC. 3. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows; beginning at west side of Hollow bridge on north side of Savannah and Augusta dirt road and running north 28 degrees, east 79 chains, and crossing Brinson railroad, thence north 68 degrees, west 51 chains, reaching and following Town Company's line, thence south 24 degrees and 30 minutes, west 18 chains and 56 links to Town Company's line, thence south 27 degrees and 40 minutes, east 12 1-2 chains, to corner Town Company's line, thence south 27 degrees, west 41 1-2 chains to north side Savannah and Augusta road, thence south 50 degrees, east with north side of Railroad 36 chains to beginning. Corporate limits. SEC. 4. Be it further enacted by the authority aforesaid, That an election shall be held in the town of Sardis on the first Saturday in September, annually. At the election held Saturday, September 7th, 1912, a Mayor and five Councilmen shall be elected, the mayor and two Councilmen for a term of two years, and three councilmen for a term of one year. At the September election 1913, three councilmen shall be elected for a term of two years; and every two years thereafter, and at the election of 1914, a Mayor and two Councilmen, and every two years thereafter. The Mayor and two Councilmen elected for two years at the 1912 election shall serve for two years or until their successors are elected and qualified in 1914, while the three Councilmen elected for one year shall serve until their successors are elected and qualified in 1913. Election of Mayor and Councilmen. SEC. 5. Be it further enacted, That the Mayor and Council of said town shall have full authority to elect such other officers as they may deem expedient so as to perfect their organization. They shall also have authority to elect

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a marshal for said town and provide him with such additional assistance as he may need from time to time in order to enforce the laws and ordinances of said town. They shall also have authority to fill vacancies that may occur, either in the office of Mayor or Councilmen by an election by the remaining members, a majority vote being sufficient to elect. Officers elected by Mayor and Councilmen. Marshal. Vacancies, how filled. SEC. 6. Be it further enacted, That the election to be held for Mayor and Councilmen as provided in Section four of this Act, shall be held as ordinary county elections are held, and all persons residing within the incorporate limits of said town, who are qualified to vote for representatives in the State legislature, and who have resided in said town for not less than sixty days prior to such election, shall be qualified to vote in said elections, provided, they have paid all taxes legally required of them by said town or its authorities. Qualified voters. SEC. 7. Be it further enacted, That the said Mayor and Council shall have power to establish police rules and regulations, to pass all laws and ordinances not in conflict with the Constitution and laws of the State of Georgia, which tend to promote the safety, health, good order, morality, and general welfare of the inhabitants of said town. Police powers. SEC. 8. Be it further enacted, That the Mayor be the chief executive of the town of Sardis, he shall see that all laws, ordinances, resolutions and rules of the town are faithfully executed and enforced, and that all the officers of the town shall faithfully discharge the duties required of them, he shall have a general jurisdiction of the affairs of the town; he shall preside at all meetings of the Mayor and Council; he shall have the right to vote in elections of

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officers and upon all other questions before said body, except upon questions where he is disqualified by reason of interest, relationship or otherwise. Mayor's duties and powers. SEC. 9. Be it further enacted, That the Mayor or in his absence or disqualification, the Mayor pro tem shall as often as may be necessary, hold a police court, to be known as the Mayor's Court, for the trial of offenders against the laws and ordinances of the town. Said Mayor's Court shall have full power and authority to force the attendance of witnesses, to punish for contempt, and upon conviction to sentence such offenders to imprisonment for a term not to exceed thirty days, or to labor upon the streets or other public works of said town not to exceed sixty days or to impose a fine not to exceed one hundred dollars. Either or all of said penalties may be imposed in the discretion of the Court. Police Court. SEC. 10. Be it further enacted, That the Mayor and each of the Councilmen shall be bound to see that all the laws and ordinances are properly enforced to keep the peace, and shall be ex-officio Justice of the Peace, as to enable each one of them to issue warrants for the violations of the criminal laws of the State committed within the town of Sardis, when the Mayor or Mayor pro tem, in the absence of the Mayor, shall have full power, on examination to commit the offenders to jail, or to bail them if the offense be bailable, to appear before the Court having jurisdiction. Commitments. SEC. 11. Be it further enacted, That said Mayor and Council shall have power to require each male citizen in said town between the ages prescribed by the laws of the State for working public roads, to labor on the public

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works and streets of said town (except those who may be exempt by the laws of the State) and to require them, when notified, to work on streets or other, public work of said town for five days in each year or pay a commutation tax of three dollars in lieu of such work. Street duty or commutation tax. SEC. 12. Be it further enacted, That said Mayor and Council shall have full power and authority by ordinances to assess, levy and collect any ad valorem tax on all property, real or personal, within the corporate limits of said town said tax not to exceed five mills on the dollar for current annual expenses that they shall have power and authority to tax, license, regulate and control all taverns, hotels, cafes, restaurants, bording houses when boarders are taken for less time than one month, livery stables, drays, carts, buggies, carriages and other vehicles run for hire, auctioneers, venduemasters, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kind, itinerant lightning rod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling or itinerant venders of goods, wares, merchandise, liniments or nostrums of every nature whatsoever, every kind of billard, pool or bagatelle table kept for public use; every keeper of shooting gallery, ten pin alley, upon the keeper of any other stand, table or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivances, upon the keeper of flying horses, bicycles, velocipedes or skating rinks, insurance agents, life and fire insurance companies, express agents, express companies, dealers in futures, loan agents, merchants and agents for any other business or calling whatsoever, keepers of slaughter houses, beef markets and green groceries; upon every junk shop. pawn broker and upon all other establishments, businesses, callings

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or avocatins not heretofore mentioned and which under the laws of Georgia are subject to license or tax. Taxation. SEC. 13. Be it further enacted, That said Mayor and Council shall have the full power, right and authority to elect a board of tax assessors for said town and these assessors may be members of Council or not as the Mayor and Council may see proper. Tax assessors. SEC. 14. Be it further enacted, That said Mayor and Council shall have power and authority to enforce by executions the collection of any amount due for licenses, fees and taxes and assessments of every kind, for fines and forfeiture, and for any debt or demand due the town, such execution to be issued in the name of said town, and against the person, corporation or firm by whom any such debt may be due; that it shall be the duty of the marshal to levy all executions in favor of the town, and after advertising for ten days he shall sell the property levied upon at the place of holding the Mayor's Court of said town, unless the same shall be real estate, in which case the advertisement shall be four weeks. Collection of license fees and taxes. SEC. 15. Be it further enacted, That said Mayor and Council shall have authority to establish such quarantine regulations as in their judgment may seem proper and not inconsistent with the laws of this State and the United States, and they shall have ample power to enforce the same. Quarantine. SEC. 16. Be it further enacted, That it shall be unlawful for any person to have or keep for sale in said town of Sardis, any alcoholic, malt, spiritous or other intoxicating liquors, and the Mayor and Council shall have authority

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to pass such ordinances touching said matter as they may deem proper, that are not inconsistent with the laws of this State or of the United States. Prohibition. SEC. 17. Be it further enacted, That said Mayor and Council shall have power to lay off, vacate, close, open or alter streets, sidewalks or alleys, to cut, open, and keep clean through all lots all necessary ditches and drains, and punish for injuries done to same, after allowing property owners reasonable compensation for damages, the amount to be ascertained in the way and manner prescribed by the laws of Georgia in similar cases; and prevent hogs, cattle, horses, sheep, dogs, and other animals and fowls of all kind from going at large in said town. Authority over streets, etc. SEC. 18. Be it further enacted, That it shall be the duty of the marshal or marshals of said town to prosecute all offenders against the laws of the State for crimes committed within the limits of said town. It shall also be his duty to arrest or cause to be arrested all disorderly persons, all persons committing or attempting to commit any crime, and to commit them to the guard house or other place of confinemtn to await trial. It shall be his duty to execute all processes and orders of the Mayor and Council, and to discharge any other duties imposed upon him by the laws, ordinances, rules and regulations of said town. Duties of Marshal. SEC. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved August 16, 1912.

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SAVANNAH, CITY OF, CHARTER AMENDED. No. 567. An Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the city 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 the authority of the same, That the Mayor and aldermen of the City of Savannah shall have power and authority to make and enter into contracts for the annual or perpetual care of lots in any cemetery owned or controlled by said municipal corporation. Savannah, City of, contracts for care of cemetery lots. SEC. 2. It shall be the duty of said municipal corporation to pass all by-laws and ordinances necessary to carry this Act into effect, and to protect and segregate the funds received by it for those purposes. Authority to pass ordinances to make effective this Act. SEC. 3. Be it further enacted, That all contracts made by said municipal corporation for the annual or perpetual care of such cemetery lots shall be binding on said municipality, and all such contracts heretofore made by said corporation are hereby ratified and confirmed. Contracts binding. SEC. 4. Be it enacted by the General Assembly of the State of Georgia, that the western limits of the City of Savannah are hereby extended as follows, to-wit: From the point where they intersect the southern line of the Louisville road northwardly to the north side of said Louisville road; thence westwardly along the north side of said Louisville road to a point where the western boundary

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of what is known as, West Savannah extended intersects the said northern side of said Louisville road; thence northwardly along said extended boundary and said western boundary of West Savannah to the point where said western boundary intersects the south side of the Augusta road; thence diagonally across said Augusta road to the point where the north side of said Augusta road intersects the eastern line of Lincoln avenue; thence in a northerly direction along said eastern line of Lincoln avenue to the point where said eastern line intersects the southern line of Bay street extended; thence eastwardly along the said southern line of said Bay street extended to the point where said southern line intersects the western corporate limits of the City of Savannah as defined by the Act approved December 12, 1901, so that the corporate limits of the said City of Savannah as hereby extended or amended shall be as follows: Commencing at the extreme eastern point of the island in the Savannah River, known as Hutchinson's Island, and running thence southwestwardly to a point on the old bank of the Savannah river, twenty-five hundred (2500) feet east of the western side of Bilbo canal thence southwardly at right angles to the old river bank three hundred (300) feet thence westwardly parallel to the old bank of the Savannah river, and three hundred (300) feet distant therefrom to the eastern bank of the Bilbo canal; thence along the eastern bank of Bilbo canal to its intersection with the southern line of Perry lane, extended; thence southwardly to the intersection of the western side of Waters avenue and the southern side of the Thunderbolt shell road; thence along the southern line of said Thunderbolt Shell road to the eastern line of lots two (2), three (3), six (6), seven (7), and ten (10), Meinhard subdivision; thence along the eastern line of said lots extended to Dale avenue thence along the northern

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line of Dale avenue to the western line of Waters avenue; thence southwardly to the intersection of the western line of Waters avenue with a line parallel to the southern line of West Forty-second street, and two thousand eight hundred and sixty (2860) feet south thereof; thence westward to a point on the west side of Anderson and Mims road, two thousand eight hundred and sixty (2860) feet south of the southern line of West Forty-second street; thence northward to the southern side of West Forty-second street; thence along the southern line of West Forty-second street extended to the Ogeechee road thence along the east side of the Ogeechee road to the point where it intersects the southern line of Springfield Plantation extended thence along said southern line of Springfield Plantation extended to its intersection with the eastern bank of Springfield canal; thence northwardly along the eastern bank of Springfield canal to the intersection of the southern side of Gwinnett street thence westwardly on the southern side of Gwinnett street and Gwinnett street prolonged to the western line of Springfield plantation; thence northward in a straight line extended to the north side of the Louisville road, thence westwardly along the north side of said Louisville road to a point where the western boundary of what is known as West Savannah extended intersects the north side of said Louisville road, thence northwardly along said projected boundary and said western boundary of West Savannah to the point where said western boundary intersects the south side of the Augusta road; thence diagonally across said Augusta road to the point where the north side of said Augusta road intersects the eastern line of Lincoln avenue, thence in a northwardly direction along said eastern line of Lincoln avenue to the point where said line intersects with the southern line of Bay street extended, thence eastwardly along the said

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southern line of said Bay street extended to the point where said southern line intersects the western corporate limits of the said City of Savannah, as defined by the Act approved December 12, 1901; thence northwardly to a point three hundred (300) feet from the old bank of the Savannah river, and thirteen hundred (1300) feet west of the western side of the ship slip of the Ocean Steamship Company of Savannah, at the Mouth of Musgrove creek; thence parallel to the said river bank and three hundred (300) feet southwardly from it to a point twenty-five hundred (2500) feet distant; thence at right angles to said river bank to the present harbor line of the Savannah river; thence along said harbor line to a point opposite the center of East Broad street, thence in a north eastwardly direction along the southern shore of Hutchinson's Island to the point of beginning. And the said corporate limits are hereby extended and defined accordingly. Corporate limits extended and defined. SEC. 5. Be it further enacted, That the successors to the present Recorder of the Mayor and Aldermen of the City of Savannah be elected at the same time, for the same term and in the same manner and under the same regulations as the Mayor and the several Aldermen of said municipality are elected. Recorder, election of. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 19, 1912.

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SAVANNAH, CITY OF, MUNICIPAL ELECTIONS REGULATED. No. 417. An Act to regulate municipal elections in the city of Savanah to provide penalty for violation thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that in all elections hereafter held for the election of a Mayor and Alderman of the City of Savannah there shall be provided for use in said elections official ballots containing in separate columns the names of the candidates for Mayor and Aldermen. There shall be as many columns as there shall be respective tickets or independent candidates and the voter shall scratch thereon the names of all candidates against whom he proposes to vote. The ballots shall be printed upon thick blue paper and all ballots shall be of a uniform size, and color. The ballots shall be prepared by the Clerk of Council at the expense of the Mayor and Aldermen and shall contain at least two inches margin on every side of the printed matter. On the morning of the election the clerk of Council shall deliver to the representatives of each of the tickets not less than 15,000 of said ballots. The representatives of each of said tickets may on the day before the election procure from the Clerk not more than 15,000 of said ballots, but said ballots shall be delivered at the expense of the parties requesting the same and it shall be the duty of the clerk to deliver said ballots to said applicants not later than twelve o'clock on the day preceeding the election. No vote cast on any other ballot than an official ballot shall be

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received by the managers of the election, if received by error or otherwise it shall not be counted. It shall be unlawful for any manager of the election or any clerk to examine any ballot offered by any voter except for the purpose of counting the ballot after the polls have closed and any manager or clerk violating this provision shall be guilty of a misdemeanor Savannah, City of, elections, how hold, official ballots. SEC. 2. Be it further provided, That the elections for Mayor and Aldermen shall be held at the time and place and in the manner heretofore provided by law, but there shall be four boxes each for the 1st and 4th districts and three boxes each for the 2nd and 3rd districts, but the polls shall be opened at 8 a. m. city time and close at 5 p. m. city time, the polls being kept open eight full hours. Elections for Mayor and Aldermen, how held. SEC. 3. Be it further enacted by the authority aforesaid, That upon the conclusion of the count of the votes of each box the managers of each box shall immediately make out and sign certificates of returns under oath of the election, said certificates to give the name of each candidate voted for at such box and the number of votes received by him for the position for which he is a candidate. One copy of such certificates, the ballots voted, the lists furnished by the tax collector and all other papers used in such election shall be delivered under seal by the election managers to the clerk of the Superior Court of Chatham County, and another copy of the certified returns shall be delivered to the judges authorized by law to appoint the managers for said election before twelve o'clock of the day following the election. The election managers shall also at the conclusion of the counting of the ballots publicly announce the result of the election at each box and the said judges shall immediately upon receipt of the certified returns of each

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box publicly consolidate the same and publicly announce the results of the election and the candidate for Mayor receiving the highest number of votes shall be declared elected and declared Aldermen and the candidates so elected largest number of votes for Aldermen shall be deemed elected and declared Aldermen and the candidats so elected shall qualify on the second Monday next succeeding the election and shall serve for a term of two years and until their successors are elected and qualified. Election returns. 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 9, 1912. SAVANNAH, CITY OF, CHARTER AMENDED, COMMISSION GOVERNMENT ELECTION TO ESTABLISH. No. 583. An Act to amend the Charter of the City of Savannah; to establish a Commission Form of Government and a Civil Service Commission for said City; to provide for the selection of candidates and the election of officers; to define offenses under this Act, and fix punishments therefor; to provide for the submission of this Act to the votes of said city, and for other purposes. Be it enacted by the General Assembly, of Georgia as follows:

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SECTION 1. The City of Savannah, as a corporation, shall continue to exist under the name and style of the Mayor and Aldermen of the City of Savannah. The corporate existence and identity, the territorial limits and jurisdiction with all corporate rights, powers and privileges conferred, and all property and property rights now held, owned or possessed by said city, and all duties, obligations and liabilities imposed by law, are hereby preserved unto said city, except as altered and amended by this Act. All resolutions and ordinances thereof now of force, not in conflict herewith, shall remain unchanged, subject, however, to be hereafter amended or repealed by the duly constituted authorities of said city. Savannah, City of, corporate rights. SEC. 2. The Board of Mayor and Aldermen of said city shall consist of a Mayor and four Aldermen, to be chosen by ballot on the 4th Tuesday of January 1913, and every four years thereafter by voters entitled to vote at such elections, and the Board of Mayor and Aldermen shall hold their offices until their successors are duly elected and qualified. A quorum for business shall consist of the Mayor, or Presiding Chairman, and two Aldermen. If shall require at least three affirmative votes to carry any ordinance, resolution, motion or measure, the Mayor having a vote, but no veto. Mayor and Aldermen, election of. Quorum. SEC. 3. The Mayor shall receive a salary of six thousand dollars per annum, payable monthly out of the city treasury, and he shall give his entire time to his municipal duties. Each Alderman of the City of Savannah shall receive a salary of five thousand dollars per annum, payable monthly out of the city treasury, and each Alderman shall give his entire time to his municipal duties. Salary of Mayor. Salaries of Aldermen.

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SEC. 4. The working of the municipality shall be divided into departments with the Mayor or one of the Aldermen at the head of each department, but the purchasing of city material and supplies for all departments shall be concentrated in the hands of one officer, either the head of a department or an officer elected by the Board. The department shall be divided as follows: Departments. 1. Department of finance. 2. Department of Public Works. 3. Department of Public Safety. 4. Department of City Property. 5. Department of Public Health. The Mayor shall be the official head of the Government, and shall have general supervision over all departments. SEC. 5. The Board of Mayor and Aldermen shall have, possess and exercise all executive, legislative and judical powers, with all rights, powers, privileges and duties, now possessed and exercised by the present Mayor and Aldermen of said city, except as altered or amended by this Act. Board of Mayor and Aldermen, power of. SEC. 6. The Board of Mayor and Aldermen shall by a majority vote determine the assignments of the heads of the several departments, which assignments may be changed at will by said board, excepting only that no change shall be made in the head of any department pending the filing and determination of a petition for the [Illegible Text] of such head of the department, as hereinafter provided. The board shall determine the powers and duties to be performed by each department; and may make all rules and regulations as it may deem wise and proper for the efficient and economic conduct of the city affairs. Heads of departments, how assigned, and their duties fixed.

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The Mayor and Aldermen shall all have offices at the City Hall; shall hold regular meetings at least twice a week; and shall hold special meetings upon the call of the Mayor or two Aldermen. Meetings of Mayor and Aldermen. All meetings of the Board, whether regular or special. shall be open to the public. SEC. 7. No member of the Board of Mayor and Aldermen, and no officer or employee elected or appointed by them or by any department of the city, shall be financially interested, directly or indirectly, in any city contract or job, or in any contract for the purchase, lease, or sale of real estate or personal property by or from the city. Any contract made in violation of the provisions of this section shall be void. No member of said Board and no officer or employee of the city shall accept or receive directly or indirectly from any person, firm or corporation conducting or connected with any public utility operating within said city, any money or other things of value, or any frank, pass, free ticket or other free service; or accept or receive directly or indirectly from any such person, firm or corporation any other service upon terms more favorable than are granted to the public generally. Any violation of the provisions of this section shall be a misdemeanor and shall be punished as prescribed by Section 1065 of the Criminal Code, and upon conviction of any member of said Board therefor, his term of office shall thereupon immediately cease and he shall be disqualified from holding any office or employment under the city government, for a period of five years thereafter. Any other officer or employee of the city may be tried by the Board of Mayor and Aldermen and upon conviction shall be immediately discharged from the service of the city, and shall not be re-employed

Page 1252

for a like period of years thereafter. The provisions of this Section shall be construed as cumulative of the punishments already provided for by existing laws. Nothing in this Section contained shall be construed as prohibiting policemen and firemen when on duty in uniform from accepting free transportation from common carriers. Graft forbidden. Penalties SEC. 8. No new public franchise, nor any alteration or renewal in whole or in part, nor any extension of any existing public franchise, shall be granted without publication of the details of the proposed franchise, or the proposed alterations, or renewal, or extension, once a week for four weeks in at least two of the daily newspapers in said city, at the expense of the applicant, before action is taken by the board. Nor shall the same be granted except upon full and adequate compensation to be paid to the city said compensation to be within the sound discretion of the Board of Mayor and Aldermen. Public franchises. SEC. 9. The books of account of the city shall be audited by an expert accountant semi-annually, or oftener if necessary, and the result of said examination shall be filed in the office of the clerk of Council and shall be open to the inspection of the public. Books of account, audit of. SEC. 10. Any measure, resolution or ordinance which shall be favored by a petition signed by one-fourth of the registered voters shall be first submitted to the Board of Mayor and Aldermen, and upon their failure to pass the same unchanged, within thirty days from the date of filing with clerk of Council, the same shall be submitted to the people at an election to be called therefor within thirty days thereafter unless a regular municipal election is to be held within sixty days, in which event it shall be submitted

Page 1253

at such regular election. If, at said election, said measure, resolution or ordinance receives a majority of the votes cast, it shall become operative, and cannot be thereafter repealed, except by an election similarly called. The signatures authentication, inspection, certification and submission shall be as provided for in Section 12 of this Act. Any number of measures, resolutions or ordinances may be voted upon at one election. But there shall not be called for this purpose and under this Section, more than one special election within any one period of six months. If more than one measure, resolution or ordinance be submitted, they shall be separately voted upon. Resolutions or ordinances, how passed upon petition. SEC. 11. The Board of Mayor and Aldermen shall be authorized to submit to the duly qualified electors, at any regular or called election, any measure, resolution or ordinance which they may deem proper, and in the event a majority of the votes cast is for such measure, resolution or ordinance, the same shall be adopted, and if the majority is against said measure, resolution or ordinance, the same shall be defeated, and shall not be thereafter adopted by said Board until resubmitted to the duly qualified electors. If adopted, such measure resolution or ordinance can only be repealed by a majority vote of the duly qualified voters at a regular or called municipal election. Ordinances, etc., Board of Mayor and Aldermen may submit to electors, when. SEC. 12. Any member of the Board of Mayor and Aldermen shall be subject to removal during his term of office in the following manner: An election shall be called as hereinafter provided whenever there shall be filed in the office of the Clerk of Council a petition signed by electors entitled to vote for a successor to the [Illegible Text] sought to be removed, equal in number to at least 25 per cent. of

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the registered voters of said city as disclosed by the registration or voters' list used in the most recent preceding general election whether for State, County or City officers. Such petition shall show in general terms the grounds upon which the removal is sought and each signer shall state his residence, giving the street and number. The petition may be in duplicates, but the voter can sign only once. One of the signers of each such papers shall make oath before an officer competent to administer oaths, that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Should the officer sought to be removed, resign no election shall be had, and the vacancy shall be filled as provided in Section 15 of this Act. Such petition shall be examined by the clerk, and the names thereon checked against the registered electors in said city entitled to vote at such elections, within ten days from the filing of said petition. A representative of the petitioners shall have the right to be present at the checking of the list. If the requisite number of electors as above provided have so petitioned, the clerk shall thereupon so certify, and an election shall thereupon be ordered by the Board of Mayor and Aldermen, to be held not less than thirty days nor more than forty days thereafter; provided, however, that no petition for removal of any officer shall be circulated within six months, nor shall there be an election for the removal of any officer within twelve months, from the date of his election to office, nor shall any officer be subject to more than one such election for removal during any period of twelve month. Such elections shall be had and conducted under the rules and regulations then existing in reference to regular city elections, except as otherwise provided herein. The members of the Board of Mayor and Aldermen whose office shall be thus involved may be a candidate to succeed

Page 1255

himself, and unless he requests otherwise in writing, the clerk shall place his name on the official ballot without nomination. All opposing candidates who shall be nominated as provided in the second sentence of the 13th Section of this Act shall be duly entered, and their names shall be placed upon the tickets to be submitted to the voters. The person receiving a majority of votes cast at such election shall be declared elected for the unexpired term and authorized to assume the duties of said office after duly qualifying. If no opposing candidate shall receive a majority of the votes east at such election, the incumbent shall continue in office. Recall of officers. SEC. 13. Three weeks prior to the general election, there shall be held a primary election for the purpose of choosing candidates for Mayor and Aldermen; said primary election to be conducted according to the rules and regulations governing the general city election except as hereinafter modified. Any person eligible to the office of Mayor or Alderman of the City of Savannah, who shall be nominated by a petition signed by not less than one hundred qualified voters of said City, as shown by a list of said voters, giving names and street addresses thereof, and filed with the clerk of Council not less than five days previous to the date fixed for said primary election, may be a candidate for the office of Mayor or Aldermen of the City of Savannah, provided such person at the same time duly files with the clerk of Council of said City, written notice of his intention to be a candidate in said primary election, and his purpose to be bound by the results thereof. The Mayor and Aldermen shall be separately designated on the ticket, but shall be voted for generally and not as for special departments. Any candidate or candidates who may have received a majority of all the votes cast in such primary

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election, shall be declared the nominee or nominees of such party or organization at the general election for the office which he or they sought in such election. If the first primary shall fail to decide the nominees for all the offices to be filled, then on the corresponding day of the week just following the first primary election, there shall be held a second primary election under all the rules and regulations of the first primary election. In such second primary election there shall be not exceeding twice the number of candidates as there are officers to be filled, to-wit: Not exceeding, two candidates for Mayor and eight for Aldermen; and the only candidates shall be those of the unnominated candidates who received the highest votes for such office sought by them in such first primary election. The expense of said primary election shall be borne by the City of Savannah, which shall provide an official ballot, whereon shall be printed the names of all candidates for Mayor and Aldermen. The party authorities shall in all matters not provided herein, formulate rules and regulations for holding said primary elections and for making returns thereof. Primary election for Mayor and Aldermen. SEC. 14. On the day before and again within five days after each primary and on the day before and within five days after the general election, each candidate shall file with the clerk of Council a sworn detailed statement of his campaign expenses to date, and if said statement be not filed, or if it be false in a material particular, the penalty shall be disqualification to run for the office, or to hold the same if elected. The use of money to buy votes, or the promise of place or office in order to influence votes in his favor by a candidate or by his managers, agents, or friends in his behalf and to his knowledge is hereby declared to be a misdemeanor and shall be punished as prescribed in Section 1065 of the Criminal Code, and upon conviction, any

Page 1257

candidate or elected officer shall be disqualified to run for or to hold municipal office of any kind for five years. Any officer or employee of said city who shall in any manner contribute money, labor or other valuable thing to any person for election purposes, shall be guilty of a misdemeanor and shall be punished as prescribed in Section 1065 of the Criminal Code. Statements of campaign expenses. SEC. 15. In the event of a vacancy for any cause (including disqualification) in the office of Mayor or Aldermen, if such vacancy shall occur as long as sixty days or more before the next regular city election, the remainder of the Board of Mayor and Aldermen or if none remain, the Ordinary shall call a special election to fill such vacancy, which shall take place without a previous primary. If such vacancy shall occur less than sixty days from the date of the next regular election, they, the remaining members of the board, shall elect a successor to fill such vacancy, and the person or persons elected to fill such vacancy shall hold office until their successors are elected and have qualified. Vacancies in the office of Mayor and Aldermen, how filled. SEC. 16. A civil service board, consisting of three members is hereby created, and the Board of Mayor and Aldermen shall on the first Wednesday in February, 1913, or as soon thereafter as practicable, elect such members all of whom shall be duly qualified electors of the City of Savannah, and their terms of office shall be two, four and six years, respectively, from the date of their election to the office and the said terms shall be determined by lot and every two years thereafter the Board of Mayor and Aldermen shall elect on the first Wednesday in February, or as soon thereafter as practicable, a member of said board for the term of six years. Said board shall elect its own chairman.

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No member of the board of civil service commissioners shall hold or be a candidate for State, County or any other municipal office during his service as such commissioner. Before entering upon their duties, each member of said Civil Service Board shall take before the Mayor, the following oath: I solemnly swear that during my term of office I will support the laws and constitutions of the United States and of the State of Georgia; that I will aim to secure and maintain an honest and efficient city force, free from partisan distinction or control; and that I will perform the duties of my office to the best of my ability. So help me God. Civil service board. Oath of members of Civil Service Board. SEC. 17. It shall be the duty of said Civil Service Board as soon as possible after their election to provide proper civil service rules and classification for the fire and police departments, with the exception of the chief of police and departments, with the exception of the chif of police and chief of the fire department, shall be immediately placed under civil service rules and regulations without examination and no employes of these two departments shall be dismissed from office except for just cause and with the right of fair hearing before and trial granted by said Civil Service Board. Duties of Civil Service Board. SEC. 18. All future vacancies in the police and fire departments, except in the office of chief, shall be filled from the list of those who have filed their applications for such positions with the civil service board and who shall have qualified for such positions by passing a reasonable and practicable examination prescribed by the board, which shall demonstrate their fitness for the particular employment. A list of eligibles at least double in number to the vacancies to be filled shall always be furnished by said

Page 1259

Board to the Board of Mayor and Aldermen, which latter board shall appoint from the list of eligibles furnished. Vacancies in police and fire departments, except in the office of chief, how filled. SEC. 19. In addition to the immediate placing of the fire and police departments under Civil Service rules and regulations the said Civil Service Board shall suggest to the Board of Mayor and Aldermen after due examination and investigation what other departments and officers and employes of the city, if any, can be successfully and beneficially placed under civil service rules and regulations for the future and upon the majority vote of the entire Board of Mayor and Aldermen, such other departments and officers and employes of the city so recommended shall also be placed under civil service rules and regulations. Upon the concurrent unanimous vote of both the Board of Mayor and Aldermen and Civil Service Board voting separately, any department which has or any officer or employee who had under this Section been placed under civil service rules and regulations, may be taken from under such rules and regulations. Civil Service rules and regulations. SEC. 20. It shall be the duty of the Civil Service Board to hold at least two examinations a year or oftener if necessary, in order to qualify candidates and to place same on the eligible lists of the city departments under civil service rules and regulations. Civil Service examinations. SEC. 21. This Act shall be submitted to the registered voters of the City of Savannah at a special election to be called by the Mayor and Aldermen of said City, and which election shall be held in the way and manner and be governed by the forms that now control regular city elections. It shall not be held within less than 60 days nor later than 90 days from the date of the approval of this Act. If a

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majority of the votes cast disapprove this Act, it shall not become operative. If a majority of the votes cast approve said Act it shall become operative. At the special election thus called for no other question or measure shall be submitted to the people, nor shall any primary of any party or organization be held on said day. The form of the ballot to be used in said election shall be in substance For the Commission Charter and Against the Commission Charter, and the voters shall strike the word for or against as he may desire. At said election those who favor the charter shall have the right to name an election manager for each box and those opposed shall likewise have the right to name a manager at each box. Election for ratification of this Act. 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 August 19, 1912. SAVANNAH, CITY OF, CERTAIN LANDS IN ARDSLEY PARK VESTED IN ARDSLEY PARK LAND CORPORATION. No. 375. An Act to authorize the Mayor and Aldermen of the City of Savannah to close and abolish that certain lane in Ardsley Park in the City of Savannah, which runs east and west and intersects the block bounded on the north by Fifty-first street, east of Gaudy Park, south by Fifty-second street, and west by Bull street and to authorize

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the Mayor and Council of the city of Savannah to vest, the absolute and fee simple title to said lane in Ardsley Park Land Corporation and its assigns. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, by the authority of the same, that the Mayor and Aldermen of the City of Savannah are hereby authorized and empowered to close and abolish that certain lane in the city of Savannah which runs east and west and intersects the block bounded on the north by Sifty-first sreet, east by Gaudry Park, south by Fifty-second street and west by Bull street, and the said Mayor and Aldermen of the City of Savannah are hereby authorized and empowered to vest the absolute and fee simple title to said lane in Ardsley Park Land Corporation and its assigns. Savannah, City of, Ardsley Park, lane in, closed. Title to be vested in Ardsley Park Land Corporation. 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, 1912. SAVANNAH, CITY OF, CONVEYANCE OF CERTAIN LAND TO HEIRS OF MRS. MARY J. ROBERTS AUTHORIZED. No. 452. An Act to authorize the Mayor and Aldermen of the City of Savannah, Georgia, to grant and convey to the heirs of Mary J. Roberts, deceased, or their assigns, ten feet,

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ten inches of land, east of the east line of the northern half of lot T, Reynolds Ward, Savannah, Georgia, claimed as a part of Abercorn Street and for other purposes. WHEREAS, the heirs of Mary J. Roberts, deceased or their predecessors in title have been in occupation and possession for about one hundred years under claim of right of the strip of land hereinafter described and said heirs claim to own the said land in fee simple and that the same is not a part of Abercorn Street, but a part of the lot hereinafter mentioned and the Mayor and Aldermen of the City of Savannah, claim that the same is a part of Abercorn street, and, Preamble. WHEREAS, it is desirable that the matter should be settled. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Mayor and Aldermen of the City of Savannah, be and they are hereby authorized to grant and convey to the said heirs of Mary J. Roberts, deceased, or their assigns, ten feet ten inches of land, immediately east of the east line of the northern half of Lot T, Reynolds Ward, Savannah, Georgia, claimed as part of Abercorn street, being on the southwest corner of Abercorn and Saint Julian Streets, which said east line shall for the purposes of this Act be located according to a map made by the City Engineer and of file and of record in the proceedings of said Mayor and Aldermen in meeting of March 20, 1912. Savannah, City of, authorized to convey certain lands to heirs of Mary J. Roberts. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are, hereby repealed. Approved August 14, 1912.

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SAVANNAH, CITY OF, CONVEYANCE OF CERTAIN LANDS TO J. S. COLLINS, AUTHORIZED. No. 340. An Act to authorize the Mayor and Aldermen of the City of Savannah, Georgia, to grant and convey to Jacob S. Collins, 10 feet 10 inches of land, east of the east line of the southern half of Lot 7, Reynolds Ward, Savannah, Georgia, claimed as a part of Abercorn street and for other purposes. WHEREAS, Jacob S. Collins, and his predecessors in title have been in occupation and possession for about one hundred years under claim of right of the strip of land hereinafter described and he claims to own the said land in fee simple and that the same is not a part of Abercorn street, but a part of the lot hereinafter mentioned and the Mayor and Aldermen of the City of Savannah claim that the same is a part of Abercorn street and. Preamble. WHEREAS, it is desirable that the matted should be settled, SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Mayor and Aldermen of the City of Savannah, be, and they are hereby authorized to grant and convey to the said Jacob S. Collins 10 feet 10 inches of land, immediately east of the east line of the southern half of Lot 7, Reynolds Ward, Savannah, Georgia, claimed as a part of Abercorn street, being on the northwest corner of Abercorn and Congress streets, which said east line shall for the purpose of this Act be located according to a map made by the City Engineer, and of file

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and of record in the proceedings of said Mayor and Aldermen in meeting of March 20th, 1912. Savannah, City of, authorized to convey certain lands to Jacob S. Collins. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 29, 1912. SAVANNAH, CITY OF, FERRY RIGHTS OF THOS. F. SCREVEN CONFIRMED. No. 403 An Act to confirm the rights of Thomas F. Screven and his assigns in the East Broad street dock in the City of Savannah, and for other purposes. SECTION 1. Whereas, The Mayor and Aldermen of the City of Savannah, in Council assembled, did on the 15th day of February, 1898, for a valuable and sufficient consideration, convey to and acknowledge in Thomas F. Svreven the title and privileges to ferry rights in the East Broad Street dock in said city, as shown by the resolutions and ordinances of the said Mayor and Aldermen contained in the Code of the City of Savannah (more generally known as MacDonell's Code of the City of Savannah), Section 1545. Preamble. SEC. 2. And whereas, It is proper and necessary that the title and privileges of said Thomas F. Screven to said ferry rights under the grant in said ordinance of the Mayor and Aldermen of the City of Savannah should be ratified and confirmed; therefore, be it enacted by the General Assembly, and it is hereby enacted by the authority of the

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same, That the title and privileges of the said Thomas F. Screven, as well as his assigns in and to the ferry rights in the above described dock in the city of Savannah, be and the same are hereby, ratified and confirmed. Ferry rights of Thos. F. Screven ratified and confirmed. SEC. 3. And whereas, the said Mayor and Aldermen of the City of Savannah having complied with Section 2 of said resolution of February 15th, 1898, said Section of said resolution is therefore no longer operative. Section 2 of resolution of Feb. 15, 1898, inoperative. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 8, 1912. SCOTLAND, SCHOOL DISTRICT OF, INCORPORATED. No. 461. To incorporate the Scotland School District, in Telfair County, and define the boundaries of same; to establish a board of education therein; to confer on said board certain powers to regulate the management and control of schools in said district, and to provide revenue for 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 the passage of this Act and the ratification of the same, as hereinafter provided, there shall be

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established a corporate school district in and about the town of Scotland, in Telfair County, to be known as the Scotland School District, which district shall embrace all the territory now embraced in district number one thousand, three hundred fifty-seven (1357), Georgia Militia, said County of Telfair, except that portion of said district which lies and is situated on the southwest side of Sugar Creek, the boundary lines of said corporate school district herein and hereby created being identical with the boundary lines of said Militia District number one thousand, three hundred fifty-seven (1357), except where said Militia District extends southwestward beyond said Sugar Creek at which place or places the said Sugar Creek shall be and is the boundary line. Scotland, school district of, incorporated. Territory defined. SEC. 2. Be it further enacted, That the management and control of all schools in said district shall be vested in a board known as the board of education composed of three persons, who shall be of good moral character and favor education, and which board by that name and style shall have perpetual succession, have and use a common seal, have a right to sue and be sued and shall have power to purchase, receive and hold to them and their successors in office for school purposes any estate, real or personal, and of every kind and character. Board of Education. SEC. 3. Be it further enacted, That on the 15th day of September, 1912, an election shall be held at Scotland, Ga., for the ratification of this Act, said election to begin at 8 A. M. and close at 4 P. M., and shall be participated in by only the registered voters of said school district. Those favoring the ratification of this Act shall have written or printed on their ballot the words For Corporate School District. Those opposed to the ratification of this Act

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shall have written or printed on their ballot the words Against Corporate School District. The returns of said election shall be immediately sent to the Ordinary of Telfair County. If a majority of the registered voters voting in said election shall vote for corporate school district, the Ordinary shall declare this Act ratified, and the same shall become of full force. If a majority of the registered voters voting in said election vote against corporate school district, then this Act shall be of no effect and void; provided, that by a petition of one-fourth the qualified voters of said district the Ordinary of Telfair County shall call another election once each year thereafter until this Act shall be ratified as hereinbefore provided. Election for ratification of this Act. SEC. 4. Be it further enacted, That at the same time and place of the ratification of this Act the members of the board of education for said district shall be elected in the following manner: The member receiving the greatest number of votes shall be elected for a term of three years, the member receiving the second greatest number of votes shall be elected for a term of two years, and the member receiving the third greatest number of votes shall be elected for a term of one year. The term of office of the members of said board of education shall be three years. At the expiration of the term of any member of the board, the board shall call an election, and a successor to such member shall be elected for the full term of three years. Should a vacancy on said board be caused by the death or resignation of any member, such vacancy shall be filled by an election called by the clerk of said board within twenty days from the time said vacancy occurs, after ten days' notice is given of same, said election to be held under the same rules and regulations herein provided for other elections in said district. Election of members of Board of Education.

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SEC. 5. Be it further enacted, That said board of education shall immediately after this Act goes into operation, organize by electing a president and vice-president, secretary and treasurer, which president and vice-president shall be members of said board, and which secretary and treasurer may or may not be a member of said board. No member shall receive compensation for his services except the secretary and treasurer, whose compensation shall be fixed by the board at the beginning of their terms and shall not be thereafter changed during said term. The secretary and treasurer may be removed from office-by the board for sufficient cause, in their discretion. The secretary and treasurer shall give good and sufficient bond to be fixed and approved by the board. No person shall be a member of said board, or fill the office of secretary and treasurer who is not a bona fide resident of said school district and a freeholder. Officers of Board of Education. Compensation of Secretary and Treasurer. Bond of Secretary and Treasurer. SEC. 6. Be it further enacted, That said board of education shall have the power to adopt a system of public schools in said district and to elect a superintendent and prescribe his duties, and to remove him for cause, in their discretion; to employ, suspend or remove teachers and fix their compensation by salary and otherwise; to take and hold title to such property; to make such rules and regulations for the government of themselves and such schools as they may deem proper, not in conflict with the laws of this State, and to do any and all things to promote the educational interests of said district not in conflict with the provisions of this Act, or the laws of this State; said board may purchase property sold under tax executions issued for taxes to support the school system of the district. Said board shall have power to establish and maintain as many schools within said district as they may deem

Page 1269

proper, and to erect such buildings and make such other improvements for the use and benefit of such schools as they may deem necessary. System of public schools, officers and teachers. Establishment of schools. SEC. 7. Be it further enacted, That the board of education for said district shall have power, and it shall be their duty, to fix the rate of tuition for non-resident pupils. They shall receive from the State School Superintendent direct, the district's share of the public school fund, and it shall be the duty of the State School Superintendent to pay said money to said board. Said board shall give any and all information concerning said school district to the State School Superintendent that may be demanded by him. They shall determine the amount necessary to be raised by taxation on all the property of the district which, augmented by the public school fund and other incomes of the district, will, when economically administered pay the current expenses of said school system; provided, the rate of taxation shall not exceed one-half of one per cent. Said board shall ascertain from the tax returns made to the Tax Receiver, and from the returns made to the Comptroller-General, the total value of all property in said district subject to taxation for county purposes and a regular digest of all such property in said school district shall be made in a book kept for that purpose by the board of education of said district. At or before the time of fixing the rate of taxation for the county, said board shall levy such rate on the property thus found as will raise the total amount to be collected. Said board of education, at or before the time for fixing the rate of said county by the proper authorities thereof, shall certify to said authorities and to Comptroller-General of the State, the rate of taxation fixed for said school district, and said authority of said county shall levy such special tax at the same time

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and in the same manner as is now prescribed for levying taxes for county purposes. A copy of the special tax digest of said district shall be furnished by said board to the Tax Collector of the county, and it shall be his duty to compute and collect said taxes and turn same over to said board, as well as tax received for said district from railroads and other corporations that make their returns to the Comptroller-General, taking their receipt for same, and said Tax Collector shall receive as compensation therefor such an amount as he would for collecting a like amount for the county. In any case in which it is impossible to determine from the tax returns made to the Tax Receiver of the county the value of the property of any citizen situated in said district, the secretary of the board of education shall serve notice on said tax payer requiring him to make returns within five days to said secretary of his property situated in said district and subject to taxation. Should said returns be unsatisfactory to said board of education, the same shall be rejected and submitted to arbitration as is now provided by law for such cases when returns are rejected by Tax Receivers. All property, both real and personal, including franchise belonging to railroad, telegraph, and telephone companies and to all other corporations which are now required to make their returns to the Comptroller-General of this State which is in the taxable limits of said district shall be and the same is hereby made subject to taxation by said school district as fully and completely as is the property of other corporations within such taxable limits. It is hereby made the duty of every such corporation in this State in addition to the facts now required to be shown in their returns to the Comptroller-General, to also show in said returns the value of such corporation property in said district. The rolling stock, franchises, and other personal property of such corporations

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shall be distributed to said school district on the same basis that rolling stock, franchises and other personal property are distributed to counties and municipalities under the law, that is as the value of the property located in said school district is to the whole located property, real and personal, of such corporations such shall be the amount of rolling stock, franchises and other personal property distributed for taxing purposes to said school district and the same shall be collected as is now provided by law for such purposes. Tuition, public school fund, taxation for school purposes, etc. SEC. 8. Be it further enacted, That the board of education for said district shall annually make a report to the public in writing of the condition of said schools, and oftener if petitions to do so by one-fourth the voters of the school district and they shall accompany their reports with a full itemized statement of all money received and expended by said board. Annual reports of Board of Education. SEC. 9. Be it further enacted, That the board of education of Telfair County shall not establish any other school or contract with any other person, to teach a school of any character in said district, and all property now used by the board of education for school purposes in said district shall be turned over to the board of education for said school district, and the complete control of such property shall be vested in said board of education for said school district. County Board of Education. 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 16, 1912.

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SCREVEN, TOWN OF, CHARTER AMENDED. No. 369. An Act to amend charter of the town of Screven, 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 8 of the charter of 1907, incorporating the town of Screven, County of Wayne, State of Georgia, be so amended as to read: That the said Mayor and Aldermen of said town shall have power to enforce its said ordinances, rules and regulations by fines not exceeding fifty dollars ($50.00), or imprisonment, or labor on the streets not to exceed thirty days or both. Screven, town of, punishment of offenders. 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, 1912. SHINGLER, TOWN OF, INCORPORATED. No. 510. An Act to incorporate the town of Shingler, in the County of Worth, 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

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provide for the government of said town of Shingler, 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 Shingler, in the County of Worth, State of Georgia, be, and the same is hereby incorporated under the name and style of the town of Shingler. Shingler, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That said town of Shingler in its own right and under its own name as the town of Shingler, shall have and use a common seal, and under said name and style of the town of Shingler, shall be capable in law to have, hold and enjoy, both for its own use 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 Shingler, 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. Charter rights. SEC. 3. Be it further enacted, That the corporate limits of the town of Shingler shall be as follows: Of the area of one mile square, the exact center of which area of one mile square shall be at a point on the center of the railroad tracks where the Summer and Dooly public road intersects or crosses the Gulf Line Railway, in said town of Shingler, and the same embracing a part of lots of land Nos. 446, 428, 429 and 447 in the 7th district of Worth County, Georgia. Corporate limits. SEC. 4. Be it further enacted, That the municipal government of said town shall be vested in a Mayor and four Aldermen, and such other officers as they may elect. Gordon

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S. Summer shall be Mayor of said town of Shingler, and J. J. Dupriest, J. H. Trammell, J. A. Garratt, J. J. Young shall be Aldermen of said town of Shingler until their successors are chosen and selected as hereinafter provided. On the second Monday in January, 1913, and biennially thereafter, an election shall be held in the Council chamber, or at such other place in the said town of Shingler, previously selected by the Mayor and Aldermen, for the purpose of electing two Aldermen for the term of two years, and until their successors are elected and qualified, and on the second Monday in January, 1914, and biennially thereafter there shall be likewise held an election for two Aldermen who shall likewise hold for the term of two years, and until their successors are elected and qualified. That on the second Monday in January, 1913, and annually thereafter, there shall also be held an election in the Council chamber, or at some other place in said town of Shingler previously selected by the Mayor and Aldermen, for the purpose of electing a Mayor for the term of one year, and until his successor is 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, towit: 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 Shingler 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. First Mayor and Aldermen. Election of Mayor and Aldermen. Oath of Mayor and Aldermen.

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SEC. 5. Gordon S. Summer as Mayor, and J. J. Dupriest and J. H. Trammell as Aldermen, shall hold office until their successors are elected at the election to be held on the second Monday in January, 1913; and the other Aldermen, to-wit: J. A. Garratt and J. J. Young shall hold office until their successors are elected at the election to be held on the second Monday in January, 1914, and qualified; provided, that at any time a vacancy occurs in the office of Mayor and 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 to fill his unexpired term. Terms of officers. Vacancies, how filled. 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 ex-officio Justice of the Peace, and is hereby empowered to issue criminal warrants and try offenses for violation of the criminal laws of said town of Shingler; 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 two 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's duties and powers. SEC. 7. Be it further enacted, That the Mayor and Aldermen of said town of Shingler 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

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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 Shingler, 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. Officers [Illegible Text] by Mayor and Aldermen. 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, and duly complied with such law requiring the registration of voters in said town as may have been passed and of force in the town of Shingler. Elections for Mayor and Aldermen, how held. Qualified voters. SEC. 9. Be it further enacted, That the said Mayor and Aldermen shall have the 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 Shingler, 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 Shingler. That

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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 offenders of ordinances, to punish for contempt, and upon conviction to sentence such offenders to imprisonment for a term not to exceed fifty days, or to labor upon the streets, or other public works of said town of Shingler, not exceeding sixty 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, its jurisdiction and powers. SEC. 11. Be it further enacted, That when said Mayor or Mayor pro tem. holds a Police Court in the town of Shingler, they shall have power to set as a Justice of the Peace, and shall have the right to commit to the jail of Worth County, or admit to bail (provided the offense be bailable) for any violation of the State laws, and the jailor of Worth 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. Commitments and appearance bonds. SEC. 12. 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 the 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. Street duty or commutation tax. SEC. 13. Be it further enacted, That said Mayor and Aldermen shall have power and authority to assess, levy

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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 Shingler, 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, 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 kind and every manner whatsoever, every kind of billiard, pool or bagatelle table kept for public use. Every keeper of shooting gallery, ten-pin, 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 agent for any other business or calling whatsoever; keepers of slaughter houses, beef markets and green groceries, upon every junk shop, pawnbroker, and upon all other establishments, businesses, callings or vocations not heretofore mentioned, and which under the laws of Georgia are subject to a license or tax. Taxation. SEC. 14. 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

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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. 15. 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 Aldermen may fix, said sum not to exceed $3.00 per day for actual service. Compensation of tax assessors. SEC. 16. 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 his taxable property and its value, if in the corporate limits of said town of Shingler. Statement of property owned and its value under oath required. SEC. 17. 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 real estate, personal property, money or choses in action in the town of Shingler, 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 Aldermen 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. SEC. 18. Be it further enacted by the authority aforesaid, That it shall be the duty of said clerk to make a digest

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of such returns by the first day of June each year, and submit the same, together with a list therein of all defaulters, to the tax assessors 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 if any real estate, personal property, money or choses in action is omitted from any return or is undervalued, they shall correct the same by setting out the omitted personalty, real estate, money or chose in action and its value, and by setting out the true value of any such property undervalued in such return; and in order to effectually carry out the aforesaid powers and duties, said assessors shall have authority as a Court to subp[oelig]na 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. Digest of returns, and defaulters' list. SEC. 19. Be it further enacted, That if upon an examination of the returns as made by the tax payer to the clerk of said town of Shingler, the tax assessors should think that the property, or any property of any tax payer has not been returned for its true value, said assessors shall have the right and authority to assess said property at its true value; provided, however, that before doing so they shall cause written notice to be served upon the party or parties whose property they contemplate raising in value by the marshal of said town at least two days before the date fixed by said assessors for the consideration of such assessment, which notice shall state the time and place of hearing and the purpose of such hearing, and provided, further, that should the marshal of said town of Shingler be unable to serve the tax payers with notice as herein provided for, by reason of such tax payer being a nonresident of said town, then notice to the agent of such party

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if the property returned be personalty, shall be sufficient, and if realty, by posting a copy of such notice on the premises of such tax payer for ten days, shall be deemed sufficient notice. And at the time and place designated in said notice, such tax payer shall have the right to appear and introduce evidence before such assessors as to the true value of such property, and after a full hearing said assessors shall assess the value of such property, which assessment shall be final. Tax returns, how raised by Assessors. SEC. 20. Be it further enacted, That all taxes, assessments, fines and penalties recoverable by this Act may be enforced by execution. All writs, processes, and subp[oelig]nas issued in behalf of said town shall be directed to the marshal of said town and signed in the same manner as 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 aldermen, 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 Worth 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 Worth County; said marshal being empowered to execute title thereto to any property in said town of Shingler sold as above, and

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when claim or illegality shall be interposed the marshal shall not sell, but return to the Superior Court of Worth County for trial. Executions and their enforcement. SEC. 21. Be it further enacted, That said Mayor and Aldermen shall have full power and 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 regulations. SEC. 22. 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, and in the same manner as bonds are now forfeited in the State Courts, except that said forfeitures shall only be served by the marshal or policeman of said town or 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. 23. Be it further enacted, That the said Mayor and Aldermen of the town of Shingler 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 the chaingang of said town 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.

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SEC. 24. Be it further enacted, That the said Mayor and Aldermen of the town of Shingler 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. Revocation of licenses. SEC. 25. Be it further enacted, That the Mayor and Aldermen of the town of Shingler 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 of said town of Shingler and shall constitute a board of health, which board of health shall act under the direction and supervision, and in conjunction with the said Mayor and Aldermen in the town of Shingler, 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. 26. Be it further enacted, That the Mayor and Aldermen shall have power and authority to establish a town market in the town of Shingler 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. Town market.

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SEC. 27. 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 Authority as to streets, etc. SEC. 28. Be it further enacted, That it shall be the duty of marshals or policemen of said town of Shingler 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 Shingler. Duties of marshal and policemen. SEC. 29. Be it further enacted, That at the first meeting of the Mayor and board of Aldermen of the said town of Shingler, 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 of Mayor and Aldermen. 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 16, 1912.

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SPARKS, SCHOOL DISTRICT OF, INCORPORATED. No. 569. An Act to incorporate the Sparks School District, in Berrien County, Georgia; define the boundaries of the same, to regulate the management of schools in said district; to provide revenue for said school; to provide for the election of trustees, not to exceed seven, for said school, and to confer on them certain powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the management and control of all schools in the Sparks School District be vested in not exceeding seven men, who shall constitute a board of trustees of the Sparks School District, and by that name and style shall have perpetual succession, a common seal, and shall have power to purchase, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, any estate, real or personal, of whatever kind or name, within the jurisdictional limits of said district (as described hereafter in this Act), and shall by said name, be capable of suing and being sued in any Court of law or equity in this State. Sparks, School District of, incorporated. Board of Trustees. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate school district of Sparks shall include all of lots of land numbers 237, 238, 239, 240, 241, 266, 267, 268, 269, 270, 283, 284, 285, 286, 220, 221, 222, 223, all in the 9th district of Berrien County, Georgia, and all of lots 314 and 315 lying north of the Hutchinson Mill Creek in said district and county with the center of said school district in the town of Sparks, Berrien County, Georgia. Limits defined.

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SEC. 3. Be it further enacted by the authority aforesaid, That L. F. Sineath, O. P. Goodman, J. K. Sinclair, J. S. Sirmons, W. E. Green, J. C. Wilson, S. G. Ethridge shall be and are hereby constituted the board of trustees to carry into effect the provisions of this Act until the regular election for members of said board, which election shall take place on the last Saturday in January every other year, the term of three of the trustees to be elected shall be for two years from the time of their election, and four for four years. Their successors in office shall serve for a term of four years, each member dating from the time of his election. The board of trustees shall fill all vacancies. First Trustees. Election of Trustees. SEC. 4. Be it further enacted by the authority aforesaid, That said board of trustees shall organize by electing a president, vice-president, secretary and treasurer, from their number, and no member shall receive compensation for his services except the secretary and treasurer, whose compensation for his services shall be fixed by the board, and he shall give a good and sufficient bond. Officers of Board. SEC. 5. Be it further enacted by the authority aforesaid, That said board of trustees shall have power to design and adopt a system of public schools for said district; to elect a superintendent and employ teachers for the same, to suspend or remove teachers or superintendents, to fix their compensation, provide school houses by building; purchasing, rent, or otherwise; to make and hold title to such property, and to make such rules and regulations for the government of themselves and said schools as they may deem proper, and not in conflict with the laws of this State, and to do any and all things promotive of the best educational interest of said district, not in conflict with the provisions of this Act or the laws of the State. System of schools, officers and teachers.

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SEC. 6. Be it further enacted by the authority aforesaid, That there shall be established and maintained for whatever time said board of trustees may think best, not less than five months nor more than ten months in each year, under the provisions of this Act, one, and only one school for white children, and one, and only one school for colored children. No white child shall be admitted into the school established for colored children, and no colored child shall be admitted into the school established for white children. All children entitled to the benefit of public schools under the laws of this State and whose parents, guardians or natural protectors, bona fide reside within the corporate limits of said district shall be admitted into the aforesaid schools upon payment of such admittance fees or matriculation fee only as the board of trustees may deem necessary. Children of non-residents and such others as may not be entitled to the benefit of this school, shall be admitted upon such terms as may be prescribed by the board of trustees not in conflict with the laws of this State. One school for whites and one for colored. Children of residents. Children of non-residents. SEC. 7. Be it further enacted by the authority aforesaid, That after the ratification of this Act it shall be the duty of the State School Commissioner of the State of Georgia and he is hereby required to pay over to the secretary and treasurer of the board of trustees of the Sparks School District, under such rules as said board may provide, not in conflict with the rules and regulations of the State Board of Education and laws of Georgia, the portion of the public school fund of said county to which the schools established under this Act for said district may be entitled under the rules of distribution pro rata for the children included in said district compared with the whole number of children of school age in the County of Berrien under the last school census. Public school fund.

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SEC. 8. Be it further enacted by the authority aforesaid, That as early as practicable after the ratification of this Act and by the fourth Saturday in May of each year succeeding, the board of trustees shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the scholastic year, and said board shall, through their officers, be required to levy and collect the same; provided, said amount does not exceed one-half of one per cent. of the taxable property of said district, in the same manner as other taxes of said town of Sparks, Georgia, are levied and collected. Said taxes, when collected, shall be turned over to the board of trustees, and together with the amount received from the State School Commissioner from the public school fund, such admission matriculation and tuition fees as may be collected, and any other funds that may be placed in their hands for that purpose, shall constitute a fund to be expended only by order of the board of trustees in defraying the expenses necessary for carrying on said schools. School tax. SEC. 9. Be it further enacted by the authority aforesaid, That after the ratification of this Act the board of education of Berrien County shall not establish any other schools, grant licenses to or contract with any person to teach a school of any character in said district, nor shall any of the said school funds be paid to any schools in the said district other than for the schools herein provided for. County schools. SEC. 10. Be it further enacted by the authority aforesaid, That immediately upon the passage of this Act that said board of trustees be required to have some fit and competent person take a census of all children both white and colored, in said district, and report those of school age to the State School Commissioner, and it shall be the duty

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of said State School Commissioner to then determine what amount of funds the Sparks School District shall be entitled to, the same being pro rata with all the children of the county and all the funds of the county. School census. SEC. 11. Be it further enacted by the authority aforesaid, That in case any school property acquired by said board of trustees under any provision of this Act or otherwise, be sold, the fund derived from such sale shall be reinvested in other property to be used for school purposes and cannot be expended in any other way or for any other purpose. School property. SEC. 12. Be it further enacted by the authority aforesaid, That before the required election for members of the board of trustees, which shall be held every other year, shall be held, notices therefor shall be given by the president or vice-president of said board of trustees by posting the same in three conspicuous places in said district for more than ten days before the last Saturday in January, and the legally qualified voters only of said school district shall be allowed to vote in said election. In said election the first seven names receiving the highest vote shall be declared by the holders of said election the duly elected trustees to fill vacancies immediately thereafter expiring. Notice of election of trustees must be posted. SEC. 13. Be it further enacted by the authority aforesaid, That the board of trustees shall keep books of account by their secretary and treasurer of all actings and doings, receipts of moneys, disbursements of funds and that the public have access to said books of record of said school district at any and all times, in short, said board of trustees to keep complete minutes of all their actings and doings for the Sparks School District. Books of account.

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SEC. 14. Be it further enacted by the authority aforesaid, That said board of trustees shall have full power and authority to act for and manage said school district in such way as may seem to the best interest and to the general welfare of said schools, not in conflict with this Act, and not in conflict with the laws of this State or of the United States. Board of Trustees, powers of. SEC. 15. 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 19, 1912. SPARTA, CITY OF, CHARTER AMENDED. No. 375. An Act to amend an Act entitled 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 water works 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

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of Sparta and the method of disbursing the same, and for other purposes, to provide the qualification for recorder of the City of Sparta and for the filling of vacancies in said office, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act Section 2 of 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 water works 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, be, and the same is, hereby amended by striking therefrom all of the words between the word recorder in the sixth line and the words to hold in the seventh line thereof and by adding at the end of said Section the following provisos: Provided, the Mayor or any other member of the Council may fill said office; provided, further, that in the event of the disqualification of the recorder, or of a vacancy in his office for any cause, the Mayor shall act as such recorder or shall appoint some member of the Mayor and Aldermen of the City of Sparta to serve as recorder until such vacancy is filled, or such disqualification removed, so that said Section when so

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amended shall read as follows: Section 11. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall elect a recorder to hold Police Court for the trial of all offenders for 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 the 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; provided, the Mayor or any other member of the Council may fill said office; provided, further, that in the event of the disqualification of the recorder or of a vacancy in his office for any cause, the Mayor shall act as such recorder, or shall appoint some member of the Mayor and Aldermen of the City of Sparta to serve as recorder until such vacancy is filled, or such disqualification removed. Amending clauses. Recorder, election of, his powers and jurisdiction. Appeals to Mayor and Aldermen. Compensation and qualification of Recorder. Recorder disqualified, who shall act.

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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 repeled. Approved August 17, 1912. SPREAD, TOWN OF, CHARTER AMENDED. No. 473. An Act to amend an Act incorporating the town of Spread, approved August 15th, 1903, so as to provide for the registration and qualification of voters in town elections, to provide for filling the vacancies in the office of Mayor or Mayor pro. tem.; to provide for the election of a treasurer and to fix his bond, 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, that the Act incorporating the town of Spread, approved August 15th, 1903, be and the same is hereby amended by adding a new Section immediately following Section three, and preceding Section four, said new Section to be numbered 4 and the remaining Sections consecutively, as follows: Section 4. It shall be the duty of the clerk of Council on the 15th day of October, in every year preceding a town election to open at his office a registration book in which all persons qualified to vote in said town elections may register, said registration book to be closed on the 15th day of December, next preceding the election and it shall

Page 1294

be the duty of said clerk to furnish to the election managers a list of the registered voters alphabetically arranged. And no person, except those appearing upon said list, shall be permitted or qualified to vote in any town election, and no person shall register except those qualified to vote for members of the General Assembly, and who have resided in the town of Spread for six months next preceding an election. Spread, town of, registration of voters. SEC. 2. Be it further enacted, That Section 7 of said Act of 1903 be, and the same is hereby amended by adding at the end of said Section the following: In case of the death or resignation of the Mayor of said town, then the Mayor pro tem. shall perform all the duties and have all the powers now conferred upon the Mayor of said town, and that in the event of the refusal of the Mayor pro tem. to act, or his death or resignation, that the clerk of Council shall immediately issue an order directing an election to be held as now provided in this Act, within ten days, at which election the voters of said town shall proceed to fill said vacancy. Vacancy in office of Mayor, how filled. SEC. 3. Be it further enacted, That Section 8 of said Act of 1903 be amended by adding after the word marshal at the end of the fifth line of said Section and before the word these in the sixth line of said Section, the following: Said Mayor and Council shall also, at their first meeting, elect either from their body or any citizen of said town, a treasurer who shall, before he enters upon his duties, make and execute a bond payable to the Mayor of said town or his successors in office in the sum of one thousand dollars, conditioned upon the faithful discharge of his duties as said treasurer. Treasurer. Bond of Treasurer.

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SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1912. SPRINGFIELD, CITY OF, CHARTER REPEALED. No. 434. An Act to repeal an Act entitled an Act to incorporate the City of Springfield, in Effingham County, Georgia, to define its corporate limits, declare its powers and for other purposes, approved August 22, 1907, and provide for the continuance of the present charter until the new charter shall have been passed and received by the Mayor and Aldermen of said city, and for other purposes. SECTION 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act to incorporate the City of Springfield, in Effingham County, Georgia, to define its corporate limits, declare its powers, and for other purposes, approved August 22, 1907, and being Act No...... of the Georgia Laws of 1907, and the same is hereby repealed. Springfield, City of, charter repealed. SEC. 2. Be it further enacted, That this Act shall not be of full force and effect until the new charter of the City of Springfield shall have been enacted.

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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 13, 1912. SPRINGFIELD, CITY OF, NEW CHARTER FOR. No. 605. An Act to create and incorporate the City of Springfield, in the County of Effingham, and grant a charter to that municipality under that corporate name and style, to prescribe and define the corporate limits thereof, to provide a municipal government for said city, and to declare the rights, powers, privileges, and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes, such as for school buildings and equipments for same, sewers, electric lights and water works, to declare and define the police powers of said city and to declare and define the duties and powers of the officers of said city, and to provide for other matters of municipal regulations, 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 from and after the passage of this Act the inhabitation of the territory hereinafter designed and defined, located in the County of Effingham, and State of Georgia, are hereby incorporated under the name and style of the City of Springfield, and the said City of

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Springfield is hereby chartered and made a city under the corporate name of the City of Springfield, and by that name shall have perpetual succession and said corporation is hereby vested with the right to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to have and use a common seal, to do such things as may be needful for the government, good order and welfare of said city, and to exercise such rights, powers, functions, privileges and immunities as belong to municipal corporations generally under the law, as well as those hereinafter specially enumerated: City of Springfield, new charter. (A) Be it further enacted, That said corporate body, under the name and style of the City of Springfield, shall have right and power to purchase, acquire, lease, receive, hold, enjoy, possess and retain the use and benefit of said city and property, real or personal, of whatsoever kind or nature within the limits or without the limits of said city, for corporate purposes, and shall have the right and power to sell, convey, lease, transfer and assign, or otherwise deal with all of the property of said city. Real property. (B) All rights, titles, properties, easements, hereditaments and all and everything now belonging to or in anywise appertaining to the present corporation of the City of Springfield shall succeed to and are hereby vested in the City of Springfield, created by this Act. Rights, etc., of old city vested in the new. (C) And said City of Springfield, created by this Act. is hereby made responsible as a body corporate for all legal debts, contracts and undertakings of every kind of the said City of Springfield as heretofore incorporated. Responsibilities of new city. (D) And said City of Springfield through its Council as hereinafter provided for shall have special powers to make all contracts it may deem necessary for the welfare

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of the city or its citizens, and specially to make contracts with private electric light plants, water works plants or gas plants for light, water or power; to assess values of property, levy and collect taxes thereon, and remove nuisances, and shall have full control and power over streets, lanes and alleys of the city. Powers of city. SEC. 2. Be it further enacted, That the corporate limits of the City of Springfield shall be as follows: Beginning at the point in the middle ground where said road crosses Racoon branch, and running in a westerly direction to a point in Snook's branch, directly west of the residence of R. E. Shearouse, thence take the run of Snook's branch in a northernly direction to the point where said branch flows into Jack's branch to the point where the western boundary of old Springfield crosses said Jack's branch, thence following the western boundary to the old corner near Hinely's fence, thence following the old northern boundary of the old Springfield and continuing in a straight line till a point of 600 yards to the eastward of Brinson Railway is reached, thence taking a general southernly direction, at all times this eastern boundary being at a distance of 600 yards to the eastward of Brinson Railway till the middle ground road is reached, thence taking a westerly direction along the middle ground till the point is reached where the middle ground crosses Racoon branch, this point being the starting point. Corporate limits. SEC. 3. Be it further enacted, That for the purpose of protecting the peace, good order, morals and health of said city, its corporate limits and its jurisdiction shall extend for one mile beyond its limits as now defined or as they may hereinafter be extended, the same being for police and sanitary purposes, and within said zone thus created for

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police and sanitary purposes the Mayor and Aldermen of the city and its marshal and police and other officers shall have right and power to abate and remove nuisances and any and all things that may be deleterious to the health, good order or peace of the city, to preserve order and make arrests, and to do any other acts or things for the protection of the health, safety and good order of said city and its inhabitants and said City Council may exercise the full police power of the State in said zone, and may adopt all ordinances that they may deem expedient for the purpose of regulating matters and the people within said zone for police and sanitary purposes aforesaid, as well as for prohibiting all acts and things and kinds of business therein that may tend to debauch the morals, injure the health, or become a source of disorder, disease or annoyance. Limits for police protection. SEC. 4. Be it further enacted, That all ordinances of the City Council of Springfield existing at the time of the adoption of the charter, and not repugnant thereto, shall be of full force and effect until the same be altered, modified or repealed by the City Council of Springfield, and that all officers of said city heretofore elected shall fill their offices and the term thereof to which they were elected, unless removed therefrom or suspended, as herein provided. Old officers and laws. SEC. 5. Be it further enacted, That the term of Mayor of said City of Springfield shall be two years and until his successor is elected and qualified, and that the first election for Mayor under this charter shall be on the first Tuesday in January, 1913, and be thereafter on the first Tuesday in January of odd years, and that the term of each Alderman of said city shall be for two years, and until his successor is elected and qualified, and that the first election for Aldermen

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under this charter shall be on the first Tuesday in January, 1913, at which time three Aldermen shall be elected for a term of two years, to succeed the Aldermen whose present term expires Wednesday after the first Tuesday in January, 1913, and annually thereafter on the first Tuesday in January there shall be elected three Aldermen for the full term of two years, and at the first regular meeting of the Mayor and Aldermen after their election and qualification, or any subsequent meeting, they shall elect from the board of Aldermen a Mayor pro tem., whose term of office shall be for one year, and annually thereafter at the first regular meeting after the election of a Mayor and three Aldermen, or three Aldermen only, as the case may be, a Mayor pro tem. shall be elected from the board of Aldermen. In the event a vacancy occurs in the office of Mayor or Aldermen from any cause, the City Council shall 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 City Council shall elect one of the remaining Aldermen as Mayor pro tem. for the unexpired term. Mayor and Aldermen, their election and terms of office. Mayor pro tem. Vacancies, how filled. SEC. 6. Be it further enacted, That if for any reason there is a failure to have the regular election for Mayor and Aldermen at the regular time provided for in this charter, on the first Tuesday in January, it shall be the duty of the City Council to order an election as early as practicable thereafter by giving at least ten days' notice of the same by posting said notice at the door of the city hall and at the door of the post office in said city, and such election shall be held and managed, and the results declared in the same manner as at a regular election, as provided for hereinafter. Special elections.

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SEC. 7. Be it further enacted, That any person shall be elected to the office of Mayor or Aldermen who is 21 years old and a citizen of said city, and who has resided in the State two years, and in the city twelve months, immediately preceding his election and is a qualified voter in the municipal election for officers of said city, and is not disqualified to hold an office in the State. Qualifications for Mayor. SEC. 8. Be it further enacted, That the Mayor of said city shall be its chief executive officer. He shall see that all laws, ordinances, rules and regulations of said city are faithfully executed, and that all officers of said city faithfully execute the duties required of them. He shall have general supervision of the affairs of said city, shall preside at meetings of the City Council, and at the Police Court, 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 act upon any question before the City Council except in the election of officers of the city, and in case of a tie on other matters. Duties and powers of Mayor. (A) He shall have special control of the police of the city, and shall see that the peace and good order of the city is preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all violators and disorderly persons in the city before issuing his warrant therefor. He shall in all things exercise a general supervision over the affairs of the city and shall make such recommendations to the City Council from time to time as may to him seem proper for the public good. He shall keep advised in reference to each of the departments of the city and the manner in which the 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

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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 power also to commute, suspend, vacate or reduce sentences imposed by the Mayor's Court of said city. SEC. 9. Be it further enacted, That in case of the absence, disqualification or disability of the Mayor, the Mayor pro tem. shall discharge his functions, and if he, for the same reason, cannot act, then another Alderman shall be selected by the board of Aldermen to act temporarily. In absence, etc., of Mayor, who shall act. SEC. 10. Be it further enacted, That the Mayor and three Aldermen shall constitute a quorum for the transaction of any business before the City Council at its regular meetings, and the Mayor and four Aldermen 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 City Council. Said City Council shall hold regular meetings at least once in every month, and oftener if they think best, at stated times and at stated places in said city, said place to be selected by said Council, and may be changed as often as may be deemed expedient. The adoption of a place for the holding of said meetings shall be entered on the minutes. Said Council may hold such special meetings to be called by the Mayor, or in his asbence or sickness, by the Mayor pro tem., upon their own initiative, or if two members of the board of Aldermen request in writing that such a special meeting be called, it shall be compulsory upon the Mayor, or Mayor pro tem., to comply with said request. Notice of such special meetings shall be given each of the said officers who are in the city at the time, and at such called

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or special meetings, the Mayor and Aldermen shall have the right and power to transact any government or municipal business which they are legally authorized to transact at any regular or stated meeting. All meetings of the City Council shall be public and the public shall be allowed at all times to witness their deliberations, except when the City Council resolves itself into executive session, when the public may be excluded. Quorum. Meetings. Special meetings. Meetings public. SEC. 11. Be it further enacted, That the Mayor shall have the revision of all ordinance, orders and resolutions passed by the board of Aldermen, and the said Mayor shall have five days after the meeting at which the Aldermen vote in which to file with the clerk in writing his disapproval, but the Aldermen may pass the ordinance, orders or resolutions, notwithstanding the veto, by a vote of two-thirds of those present, to be taken by ayes and nays, and entered upon the minutes. Veto power of Mayor. SEC. 12. Be it further enacted, That all ordinances, orders and resolutions shall become effective as soon as adopted by the board of Aldermen and approved by the Mayor, except that when the Mayor allows more than five days to elapse after the board of Aldermen's approval or disapproval in writing with the clerk of Council, the same shall after such time become operative as if approved by the Mayor. In the event the Mayor shall disapprove any ordinance, order or resolution he shall, at the next regular meeting of Council submit in writing his reasons for such disapproval. All ordinances, orders and resolutions shall be spread upon the minutes by the clerk after their adoption, and in addition all ordinances shall by said clerk be enacted upon the book of ordinances. The said Council shall have authority to have prepared and published in

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book or pamphlet form a code of laws, by-laws, ordinances, rules and regulations for the government of said city, the same to become effective and of force so soon as adopted and approved as herein provided, which code may be amended and revised by it from time to time as may be deemed proper and advisable. Ordinances, etc., when effective. Code of laws. SEC. 13. Be it further enacted, That the Mayor, Mayor pro tem. and each Alderman, before entering upon the discharge of their respective duties, shall take and subscribe before some officer authorized by law to administer oaths in the 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 interest thereof, which oath shall be entered upon the minutes of Council. Oath of officers. SEC. 14. Be it further enacted, That the Mayor, Mayor pro tem. 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 said city and of the inhabitants thereof; and shall also have the right and power to exercise the full police power of the State within said city, and also to make rules and regulations and pass and adopt such by-laws, resolutions and ordinances as may be necessary for carrying out the government of the said city and conserving, promoting and protecting the welfare, health, morals, peace, advantage and good order of said city and of the inhabitants thereof. Powers of Mayor and Aldermen. SEC. 15. Be it further enacted, That the City of Springfield is hereby granted the power of eminent domain, and

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the Mayor and Aldermen are hereby authorized and empowered to condemn lands within its corporate limits, or within the one mile zone beyond the corporate limits for the erection of public buildings for said city for public parks, water supply, drains, sewers, farms, for handling and disposing of sewerage, opening or widening old streets or for new streets, for erection of pest house or pest houses and for other public purposes, and improvements, as provided by the Act of the General Assembly providing a uniform method of exercising the right of condemning, taking or damaging private property, approved December 18th, 1894, as found in Section 5206 to 5235 inclusive, of the Code of Georgia of 1910, and they are also authorized similarly to take and condemn personal property in the same manner when needed for public purposes of the city. Condemnation. SEC. 16. Be it further enacted, That the legal and qualified voters of said city shall be those who have regularly registered in accordance with the provisions hereinafter set forth in the Section providing for the registration of voters for the City of Springfield. Qualified voters. SEC. 17. Be it further enacted, That all elections for Mayor and Aldermen, and elections on any questions submitted to the voters of said city shall be held at the court house, and at such other places as are now or maybe hereafter established by law or the ordinances of said city. All elections shall be held by three persons, who may be qualified to hold and superintend elections for members of the General Assembly of this State, and said election shall be held in the same manner and under the same rules and regulations as are elections for members of the General Assembly with this exception: that the poles shall open at ten o'clock A. M. and close at four o'clock P. M. In election

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for Mayor and Aldermen the superintendent shall deliver certificates of election to the persons whom they find have received the greatest number of votes for the office of Mayor and Aldermen respectively; and returns be sealed up and delivered to clerk of Council to be kept 10 days and if no contests filed the returns to be destroyed without being opened. Elections for Mayor and Aldermen, how held. SEC. 18. Be it further enacted, That at the first meeting in January or as soon thereafter as possible, the Mayor and Aldermen of said city are hereby authorized and empowered to elect for said city annually, and for a term of one year unless sooner discharged, a clerk, treasurer, city marshal, and as many police as they think necessary, a board of health, sanitary inspectors, building inspector, chief of fire department, city physicians, city attorney, tax receiver, tax collector and tax assessors, and such other officers as from time to time may become necessary, including a cemetery keeper, 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 City Council shall accept such offices subject to be suspended, removed or dismissed to reform at the will of the City 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 had been appointed or elected had expired or not. The Mayor and Aldermen at their discretion may elect or appoint the same person to discharge and perform the duties of more than one office. Officers elected by Mayor and Aldermen, their duties, etc.

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SEC. 19. Be it further enacted, That on the first Wednesday after the election of January of each year, or so soon after as possible, the newly elected Mayor and Aldermen shall take the oath and assume the duties of officers. Mayor and Aldermen take oath and assume duties of office, when. SEC. 20. Be it further enacted, That there shall be a clerk of Council, whose duty it shall be to attend each meeting of the Mayor and Aldermen, whether in regular or special session, to keep the minutes of such sessions, to record in the minutes all acts and doings during the deliberations of the Council, to keep and record all ordinances enacted by the Mayor and Council in the book of ordinances and publish the same when directed so to do. It shall be the duty of the clerk of Council to issue all special licenses, to collect therefor and pay the same over to the treasurer; to issue all street summons and to perform all other duties required or imposed by the Mayor and City Council, whether by rule, resolution or otherwise. Clerk of Council and his duties. SEC. 21. Be it further enacted, That there shall be a treasurer for the City of Springfield, whose duty it shall be to receive and safely keep all moneys belonging to said city. To keep a set of books in which he shall make entries of all sums of money received by him and of all sums of money paid out by him from what source said money was received, and upon what account said money was disbursed. It shall be the further duty of said treasurer to keep separate accounts of all moneys received from taxes levied for specific purposes. He shall not pay out any money except by and upon the order of the person, persons, committee or board authorized by the Mayor and Aldermen of control and expend the various funds belonging to said city. Said treasurer may be made tax receiver and collector of said City of Springfield, and it shall be his duty

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to receive all returns of property in said city for taxes, to collect all taxes due and owing to the city, and to issue executions in the name of the city against all person and property upon which taxes have not been paid. Before entering upon his duties of his office, and 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 approved by the Mayor. He shall make general and special reports in the manner and at the time when called upon by the City Council to do so. He shall keep his books open at all times for public inspection. Treasurer and his duties. SEC. 22. Be it further enacted, That all other officers elected or approved by the City Council shall take such oaths and give 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 City Council, and to otherwise conform to all requirements made by the City Council governing such office. Oaths and bonds of officers. SEC. 23. Be it further enacted, That the compensation or salaries of Mayor and Aldermen, and all other officers, servants and employees of the city shall be such sum as the City Council may fix. No one in the city shall be relieved of street tax, except such as are excepted under the laws of Georgia. Compensation of officers. SEC. 24. Be it further enacted, That the said City Council shall have the right and power 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 the same, to pay salaries, costs and expenses of the city officers and

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employees, to establish and maintain a fire department, to erect and maintain suitable buildings and offices, and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payments of the debts of the city, for educational purposes, for cemetery purposes, for hospitals and charity institutions, for the care of the poor, for establishing necessary squares and parks, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for all such other purposes as will tend, in their discretion, to add to the comfort, safety, convenience, benefit, health, advantage of said city and of the citizens thereof, and for the rational improvements of said city, as may in their best judgment be necessary, and for all other purposes in order to properly carry on the city and collect a street tax or capitation tax on all male inhabitants of the city subject under the law to pay such tax. Also a tax not to exceed one-half () of one per cent. except as hereinafter provided, on all the property within the corporate limits of said city, which is subject to State tax under the Constitution and laws of the 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, shows, and entertainments of any and all kinds, except such as are exempt from municipal tax under the laws of this State, and may enforce payment of the same by license or direct tax in such manner as they determine to be best and most advantageous, but all taxation on property shall be uniform on the same class of subjects, and ad valorem on all subjects to be fixed in said city, his or their agents or consigned, who shall neglect or refuse to render in the amount of goods, wares and merchandise sold by him or them, which

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is subject to be taxed by the ordinances of said city, immediately after the sale of the same to pay a sum in the discretion of said Mayor and City Council as a tax thereon, shall forfeit and pay as sum in the discretion of the City Council not exceeding one hundred dollars for which execution may issue, and to 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, her, or their property, or pay the tax on the same when required by the ordinances of said city, 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 the City Council to enforce the collection of such taxes; provided, that the City Council may in their discretion relieve such property of a double tax upon a good satisfactory reason shown. Revenue for expenses of government. Taxation. SEC. 25. Be it further enacted, That the City 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 to assess no more than one-half of the cost of paving and otherwise improving the sidewalks on the real estate abutting on the side of the sidewalks so improved, and any railroad company having tracks running in and over, along and across the streets, lanes, walks or squares of said city, also their roadbeds and rights of way, in such ways and proportions as the City Council may prescribe. Said City Council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on all 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

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frontage on the sidewalks, streets, lanes and walks and parks, either or all so improved or according to area or value of said property, as may be determined by ordinance providing for the work 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 sidewalks, streets, lanes, parks and squares, by execution may be levied by the city marshal or other collecting officer, on such real estate, and after advertising and other proceedings, the same shall be sold to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal or other collecting officer shall have authority to eject the 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 part of the amount for which execution is issued and stating the amount which he admits 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 Effingham County and there tried and issue determined as in cases of illegalities, subject to the penalties provided where the illegality is filed for delay. The city shall also have authority to pave and to 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 paved by themselves. or by contracting at his or its own instance, the object being to prevent delay and securing uniformity. The lien for assessments on abutting property, and on railroad or street railway companies, sidewalks paving, 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

Page 1312

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 to cost thereof against the adjacent property owner, railroad and street railway companies, and to provide how the agents and owners thereof shall be served. Authority over streets, sidewalks, etc. Assessments. Collection of assessments. Illegalities. Authority of city to pave, etc. Lien of assessments. Rules and regulations with reference to grading, paving, etc. SEC. 26. Be it further enacted, That said City Council shall have power and authority to grant franchise, easements, and rights of way over, in, under and on the public streets, alleys, sidewalks, parks and other property of said city, on such terms and for such time and conditions as said City Council may fix. Franchises, easements, etc. SEC. 27. Be it further enacted, 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, nor lower than those allowed Justices of Peace and Constables of this State. Fee bill of officers. SEC. 28. Be it further enacted by the authority aforesaid, That the City Council shall have authority to employ an expert accountant on accounts, to inspect the books of any officer or employee of the city at any time they may see fit to do so, and to pay for the service of such accountants so employed such amounts as to them seem proper. Expert accountant. SEC. 29. Be it further enacted, That all writs, processes, subp[oelig]nas, summons, rules of all kinds, warrants, all executions for any and all kinds of taxes, licenses, fine and assessments and forfeitures, or demands made by the city

Page 1313

or its corporate authorities against any person, firm, company or corporation whatsoever, shall be issued and signed by the city clerk and bear test in the name of the Mayor, except executions for taxes, and shall be directed to the marshal of said city, 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, processes, etc. SEC. 30. Be it further enacted, That the City Council are hereby vested with the power to establish fire limits in said city and to prohibit the erection of any wooden buildings or structures as will in the opinion of said City Council increase the fire risks in such part or parts of the City of Springfield as 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, chimneys, 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 for said buildings or structures, said City Council shall have supervision and control of all warehouse, cotton presses, cotton gins, cotton and lumber yards, and other places in said city where materials of inflammable nature are stored, and they may also prohibit smoking on or near, or the careless using of fire about, cotton presses, cotton gins, cotton warehouses, cotton yards, or other places where it is stored or kept or may be placed, and when it shall appear to the Mayor and Council that any decayed, unsound or unsafe house, building or structure of any sort is dangerous to pedestrians, or persons passing, or is endangered the health of said city, or any portion

Page 1314

of signs, or is endangering the health of said city, or any portion of the inhabitants thereof, or of any locality therein, or is likely to produce disease, they may condemn it, by resolutions, ordinance, and may cause it to be torn down by the policeman or marshal of said city, clothing or whatever else to prevent the introduction of spread of infectious diseases, they may, with the advice and help of the health officer and the board of health, and the policeman or marshal, or such other officers directed. Shall obey such orders and in all such cases they shall not be liable to answer therefor in any Court having jurisdiction, except of gross neglect and extreme want of care, coupled with malice, and without any probable cause to suspect such actions where 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 this provision of this Section, the City of Springfield, 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 damages in connection therewith. Regulations for prevention of conflagrations. Regulations to prevent spread of diseases. SEC. 31. Be it further enacted, That the City Council have full power and authority to care for, and make any and all necessary repairs to the cemetery of said city, to increase or enlarge the same, and to buy and purchase and improve new cemeteries, as they may, in their discretion, see fit and proper. They shall have power to regulate and provide for the burial of the dead therein, and may sell and grant or deed, to person who may wish to purchase any vacant or unoccupied lot or lots in said cemetery, for burial purposes. This provision shall apply to the old as the new cemetery or cemeteries that Council shall have charge of or that may be established. They shall have full power

Page 1315

and authority to employ a keeper, sexton, and any employee for the same, and for whatever else they may deem best to preserve, protect and beautify. Regulation of cemeteries. SEC. 32. Be it further enacted, That said City Council shall have full power and authority to establish such a system of quarantine and to make such sanitary regulations within the limits of said city as in their judgment may be necessary to prevent the introduction or spreading of contagious or infectious disease within said city and this authority shall extend over any part and all of said city as well as over the one mile area beyond the boundaries over which police power is extended, in this charter, they shall have power to establish pest house and remove patients to the pest house, they shall have authority to establish detention camp anywhere in the jurisdictional territory, they shall have power to compel vaccination to prevent the spread of small-pox, by proper ordinances, to examine and detain all persons from sections that are infected with contagious diseases to stop and examine railway trains, automobiles, or any other vehicle of conveyance, this to prevent the introduction or spread of infectious diseases, that they shall have authority to pass such ordinances and rules as are necessary to carry into effect this Section and to provide for punishment of any and all violations of such ordinances. Quarantine regulations. SEC. 33. Be it further enacted, That said Mayor and Aldermen 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 and all unoccupied as well as occupied lots and places within the said city limits, at the expense

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of the owner or owners of said lots and places, who, if they shall refuse or fail, after written notice from authorities aforesaid, to comply with the terms of the ordinance, rules and regulations, shall be subject to 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 as is prescribed in this Act, where executions are issued by the city for constructing, paving and otherwise improving the streets and sidewalks in said city. Sanitary regulations. SEC. 34. Be it further enacted, That the City Council shall have the power and authority to remove the inmates or occupants of lewd or disorderly houses in the City of Springfield, and that they shall have power and authority to provide by ordinance a penalty for the use of profane, vulgar or obscene language and to punish lewd and disorderly conduct within the limits of said city, and to pass such further and other ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience and good government of and for said city. Disorderly houses. SEC. 35. Be it further enacted, That the said Mayor and Council in the event the present liquor prohibition Act of the General Assembly, approved August 6th, 1907, should ever be repealed shall have the complete control of the manufacturing, wholesaling and retailing spiritous liquors, wine, malt liquors, and intoxicating liquors, within said

Page 1317

city; provided, the license fee for retailing spirituous liquors, wine, malt, intoxicating liquors shall not be less than ten 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 from persons applying for license unless such bondsmen or security are actually and bona fide possessors of and 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 homestead and exemptions upon giving the bonds. The City of Springfield shall have power to pass ordinances prohibiting the storing for illegal purposes or any intoxicants, and said City Council may pass ordinances defining the punishment for those storing the above named drinks or beverages, they may pass ordinances authorizing the marshal to enter any suspected place or building to seize the malt, whiskey or intoxicating liquors as stated therein. License to sell liquors. SEC. 36. Be it further enacted, That the City Council of Springfield shall have the power and authority to borrow money and contract loans for the purpose of paying current expenses in an amount not to exceed twenty-five per cent. (25%) of the annual income of the City of Springfield and for such purposes may pledge the credit of the City of Springfield. Borrowing power. SEC. 37. Be it further enacted, That the City of Springfield may license tax and prohibit theaters, circuses, the exhibitions of show men and shows of any kind and the exhibition of natural and artificial curiosities, caravans, menageries, and musical exhibitions. Licenses.

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SEC. 38. Be it further enacted, That the Mayor and Aldermen shall provide for the registration of voters of said city; that the clerk of Council shall be registrar and that the registration books shall be opened on November 25th of each year and kept open till December 24th. This list shall constitute the qualified voters for general elections and all called elections, except elections upon the issuance of bonds, when the registration book shall be opened 20 days before the date called for the election upon the issue of bonds and closed ten days before said election, and the newly registered voters together with the last annual list shall compose the list of qualified voters for the bond election, except that any one moving out of the city shall lose his voting privilege. That those entitled to register shall be all male persons 21 years of age or to become 21 years at or before the election to be held, and entitled to register to vote for Representative in the General Assembly of Georgia and have lived in the State for one year and the county and city for six months next preceding the election, and has paid all taxes, licenses, fines and assessments legally due the City of Springfield at the time of registration. That the Mayor and Aldermen shall prescribe an appropriate oath in accordance with the provisions of this Section, to which all persons registering shall subscribe and this registration list properly purged shall constitute the qualified voters of the City of Springfield. Registration of voters. SEC. 39. Be it further enacted, That the election for the issue of bonds for any purpose shall be in accordance with the provisions of this charter, and the laws of the State of Georgia providing for the election, issuance and validation of municipal bonds. Bond elections. SEC. 40. Be it further enacted, That said City Council shall have power and authority to license and control all

Page 1319

billiard tables, pool tables, or other tables of like kind kept for public pay, ten-pin alleys or like alleys, within said city, and to remove the same whenever they, become a nuisance; also to assess and collect a business license tax on all shows, circuses, exhibitions and performances of any and all kinds; also to license, regulate and control all livery stables, drays, wagons, carts, and all pleasure vehicles of whatever kind; also all automobiles whether kept for rent, or hire, and the Mayor and City Council shall have power and control over all wells and pumps and all water works, fire companies and engines within said city. Licenses. SEC. 41. Be it further enacted, 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 bylaws, rules, regulations and ordinances of said city, and for such violations to punish by fine not to exceed one hundred dollars, or by labor on the streets or public works of said city under the control and discretion of the proper officers, not to exceed sixty days, or by confinement in the guard house of said city, or such other place of confinement as may be designated by the Mayor and Aldermen of said city, not to exceed sixty days, either one or more or all, in the discretion of the Mayor, and all sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The Mayor may also require that the costs of prosecution shall be paid by the defendant. It shall be a sufficient description of the punishment to be inflicted for the violation of an ordinance of said city for the Mayor and Aldermen thereof to say in such ordinance that the violation of such ordinance shall be punished as prescribed in Section forty-one of this Act,

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referring to it by number, without setting it out in full in the ordinance, if they so choose. Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said Mayor's Court the same may be enforced and collected by an execution issued by the clerk and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the Mayor and Aldermen of said city. The City Council shall have power to provide by ordinance for the charge and collection of all costs in cases of violations of municipal ordinances tried in said Mayor's Court such as are usually incident and lawfully chargeable in the class of cases tried in said Court, the same to be added to, or included in the amount of fine imposed. 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 warrants, said officers may arrest either within or without the limits of said city. Offenders so arrested may be carried before the Mayor, and if there is probable cause of 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 the accused to the common jail of Effingham County to answer to the charge in any Court of competent jurisdiction; provided, that if said offense is one that is bailable by Justice of the Peace, said Mayor shall admit said accused to bail. If in the examination or trial of any one accused under a charge of a violation of any of the municipal ordinances there is a reason to suspect a commissioner of a crime on his part, the Mayor shall have

Page 1321

authority and it shall be his duty, to bind over or commit said accused to the proper State Court for said penal offense. Mayor's Court. Punishment of offenders. Collection of fines and costs. Commitments. Appearance bonds. SEC. 42. Be it further enacted, That the City Council of Springfield shall have the power and authority to organize one or more chaingangs and to confine at labor therein persons who shall have been sentenced by the Police Courts of said city to work upon the streets, or public works, or who have not paid their street tax and they shall have power to make rules and regulations that may be suitable, usual and necessary for the government and control of such work gangs, and to enforce the same through proper officers. Chain gangs. SEC. 43. Be it further enacted, That the rights of certiorari from the judgment of the Mayor's Court shall be had to the Superior Court of Effingham County, and shall be governed and controlled by the laws of this State governing all certioraries to the higher Courts. Certiorari. SEC. 44. Be it further enacted, That the Police Court shall have power and authority to preserve order during its sessions of Court, to compel the attendance of witnesses, and to punish for contempt by imprisonment not to exceed five days in the guard house or other place provided by the City Council for the detention of offenders in said city, or by a fine not to exceed ten dollars. And it is further provided, that the City Council shall have the same rights to punish for contempt when in regular or called sessions as the Police Courts; 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 city, collected as

Page 1322

other executions of said city are levied and collected or upon failure to pay fine, person may be jailed. Powers of Police court. SEC. 45. Be it further enacted, That should the Mayor or any member of the City 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 such office, in the judgment of any four members of Council then and in that event, they are authorized to ask for his resignation, and upon his failure to resign at once, or within five days, it shall be the duty of the four members of Council jointly, to bring a rule against such offending officer setting up the charges against him before the Judge of the Superior Court of Effingham 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 rules 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 judgment, remove the officer therein charged, and declare the office vacant, and his judgment shall be final. Removal of officers. SEC. 46. Be it further enacted, That City Council have the 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 deem necessary and proper for the regulation and control and prevention

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of all such animals in said city running at large without a badge; provided, that the provisions of this Section shall not go into effect except and by a majority vote of the qualified voters voting at an election called for the purpose; said election to be called 20 days before the date of the election. Impounding of animals. SEC. 47. Be it further enacted, That all executions issued by clerk of Council of Springfield shall be directed to the marshal and police of said city, and to all and singular the Sheriffs and Constables of this State, and shall state for what issue and be made returnable to the clerk ninety days after the issuing of same, and it shall be the duty of the marshal, police or other collecting officer to advertise the sale of such real estate or personal property as it 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 hour of sale of Sheriffs and Constables, and under the same rules and regulations. Whenever any land is sold, the privilege of redemption shall be the same as now provided when land is sold for State and county taxes. Whenever at such sales the tax is due, no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and cost, and after said property shall have been cried a reasonable time, then any duly appointed or authorized agent of the city, the marshal or other officer making the sale shall make the City of Springfield a deed to the property before sold, and deliver the same, and the marshal or other officer making the sale shall put the city in possession, or other purchaser and the City Council shall have no right to divert or alienate the title of the city to any

Page 1324

property purchased except by a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the city. The clerk shall enter on his execution docket all executions giving the date, amount of each and to whom delivered, and all proceedings thereunder; said execution shall also be returned to the office of the clerk after being satisfied. When affidavit of illegality or claim interposed, then all papers shall take the course and be handled in accordance with the laws of Georgia, provided, governing similar cases where property is sold for State and county taxes. The lien of tax execution in favor of the City of Springfield shall have priority on property within the corporate limits of the city over all other executions and judgments, except those for State and county taxes. Executions, enforcement of. SEC. 48. Be it further enacted, 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 said bond shall be payable to the City of Springfield which bond shall be forfeited on the non-appearance of the defendant in the same manner in the Mayor's Court as penal bonds shall be forfeited in the Superior Court of the State and said Mayor is hereby empowered to issue scire facias returnable before him in not less than seven days nor more than thirty days, when any defendant shall fail to appear in terms of his bond. Upon the return thereof, judgment 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

Page 1325

of property under other executions issued by said city, 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 bonds. SEC. 49. Be it further enacted, That the Mayor and Aldermen of said City of Springfield shall have the right and authority to construct, own, use and operate for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of water works, or water works and sewerage and ice plant, either separately or in connection with the water works system, a system of electric lights, a system of gas works, and other public utilities, any one, more, or all, as and whenever it is expedient to make rules and regulations regarding the use of same, and fixing prices and rates; and to provide by ordinance for the punishment of those who illegally use water, electricity, or gas, or service from such public works, or who illegally divert such gas, water or electricity from their proper channels to transmission. When consumers of such water, ice, electricity or gas, so furnished by the city, shall fail to pay for same promptly, when due, said Mayor and Aldermen are hereby authorized to cause execution to be issued in favor of said city against delinquent consumers for the amount of such unpaid bills, which shall be enforced and levied as in cases of other executions running in favor of the city, and also to cut off the supply until the bills are paid, either method, or both, at their option, and in the event such supply is cut off, they may provide for a reasonable fee for turning same on again. Authority to construct, own and operate public utilities.

Page 1326

SEC. 50. Be it further enacted, That the Mayor and Aldermen may compel all persons within the limits of said city to connect with the sewer mains all water closets, urinals and privies upon the real estate or in the building held or claimed by such person, either in fee or for life, or for term of years, and in the event of a failure or refusal so to form such connection, may cause such connection to be made after ten days' written notice to the owner of such lands or lessee to do so, and issue execution against such owner or lessee for the amount of the cost of such connection, including piping and all necessary material, and all cost; which execution shall be issued and collected. The person returning the land in fee, or as lessee, upon which such closets, urinals or privies are, shall be deemed the owner or lessee thereof, for the purpose of this Act, and if not, person returns the same for taxes then the person or persons in possession shall be considered the owners thereof for such purposes, and said Mayor and Aldermen may by ordinance require such connections to be made with such mains within such length of time [Illegible Text] they deem proper, and may provide for the punishment of persons failing to make such connections within the time [Illegible Text] as for the violation of other city ordinances; provided, however, that no person shall be required to connect with any sewer, main or mains a greater distance than two hundred and fifty feet from the closet, urinal or privy of such person. Sanitation. SEC. 51. Be it further enacted, That except in so far as vested by the general laws of the State in the Railroad Commission of Georgia, the Mayor and Aldermen shall have authority and control over all electric light and power plants, gas plants, ice plants, factories and wagon and dealers in ice, and other public utilities doing business in said

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city, and over the persons, firms and corporations owning, leasing or operating the same within the limits of said city, and to regulate the business conducted by the said public utilities and ice factories and dealers in ice and the operation of same, and also to fix the rates and charges for such public service and ice; provided, such rates so fixed shall be reasonable. Authority and control over public utilities. SEC. 52. 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 Sprngfield, to install at the expense of such owner or proprietor, meters or apparatus 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. Water, light and electric meters, installation of. SEC. 53. Be it further enacted, That the 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 or all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the city may be used free for such purposes; and also to make appropriations and payments from the general funds of the city for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises 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

Page 1328

also to make payments from the general revenues and funds of the city for the support of public hospitals, libraries, charities and other eleemosynary institutions in the city. Entertainment, publicity, charity, etc. SEC. 54. Be it further enacted, That the said Mayor and Aldermen be, and they are hereby, authorized, empowered to issue bonds for and in the name of said city for the purpose of establishing, building, and maintaining and operating an electric light and power plant, or gas plant, either or both, for the purpose of furnishing said city and its inhabitants with light and power, a system of water works and sewerage, an ice plant, either separately or in connection with the water works system, and also for public school buildings, and further for the purpose of building a city hall, a public auditorium and other public buildings and works and making any other public improvements that may be needed for the city and for any and all other governmental, municipal and public purposes. Issuance of bonds. (A) The said Mayor and Aldermen shall have the right and power to determine according to their best judgment the purposes for which said bonds are to be issued, and the amount thereof, the rate of interest they are to bear, how much principal and how much interest is to be paid each year, and whether the interest on the bonds is to be paid in one lump sum annually, or in installments semiannually when said bonds are to be fully paid off, and the place of payment, and all other terms and details thereof. Right and power of Mayor and Aldermen with reference to bonds. (B) Before any bonds of said city shall be issued for any of the foregoing purposes, the questioning as to whether or not they shall be issued shall be submitted to the qualified voters of said city at an election called for the purpose, after notice has been duly given according to law, and their issuance shall be authorized by a favorable vote at such

Page 1329

election, in accordance with the provisions of Sections 440 to 443 inclusive of the Code of Georgia of 1910, and said Mayor and Aldermen may call such election upon their own initiative. Bond elections. (C) Should any election, or elections, or elections, held as herein provided for, result in favor of the issuance of bonds, then in such event, said City Council shall at and before the time of issuing the bonds authorized by such an election provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all property in said city subject to taxation sufficient in amount to pay principal and interest of said bonds, and the Mayor and Aldermen are hereby authorized to annually assess, levy and collect a tax on all property not to exceed 2 mills on the dollar both real and personal, within the corporate limits of said city in such a sum as they may deem necessary, right and proper, for the specific purpose of paying the interest on said bonds and the principal at their maturity. The 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 except that the Mayor and Aldermen shall have the right to invest a sinking fund accumulated to pay the principal of said bonds, as provided by the laws of Georgia. Taxation to pay interest on and retire bonds. (D) Said bonds shall be officially signed by the Mayor and clerk of Council of the City of Springfield, under the corporate seal of said city, and shall be negotiated and sold to the very best advantage of said City of Springfield, as may be determined by said Mayor and Aldermen of said city, and any and all of the bonds and series of bonds issued by the city under the provisions of this charter shall become obligatory and binding upon said city and its tax payers with all the qualities of commercial paper. Sale of bonds.

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(E) The principal of said bonds when they shall become due, and the coupons or interest warrants on the same shall be receivable by the City of Springfield, in payment of all dues to said city, and said bonds shall not be taxable directly or indirectly by the City of Springfield. Bonds and coupons receivable to pay taxes and are non-taxable. (F) Be it further enacted, That upon application to the Mayor and Aldermen of said city by at least one-third of the qualified voters of said city to call an election for the purpose of passing upon the issuance of bonds for any of the purposes hereinbefore enumerated, it shall be obligatory upon said Mayor and Aldermen to grant said application and call said election accordingly; provided, only that such elections for the issuance of bonds for any one purpose shall not be held oftener than once every six months. Elections, how called. SEC. 55. Be it further enacted, That all provisions of an Act of the General Assembly of the State of Georgia of 1907 incorporating the City of Springfield and now constituting the present charter of the City of Springfield, which are at variance or conflict with the provisions of this Act are hereby expressly repealed, and all provisions of this Act shall become operative when the same are passed by the General Assembly of the State of Georgia 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. Provisions in old charter at variance with this repealed. Approved August 19, 1912.

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STATESBORO, CITY OF, NEW CHARTER FOR. No. 545. An Act to create a new charter for the City of Statesboro, in the County of Bulloch, 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; to continue the same incorporate name; to declare and constitute the rights and powers of said corporation; 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 for the manner and time for all elections in said city; to provide for the qualifications of all electors or voters therein, and for the registration of the same, and the time in which the registration books of said city shall be opened and closed; to provide for a Mayor'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 stockade, and the working of the prisoners therein and the regulation and management of the same; to provide for a fire department, a board of health, and a water and light commission; to authorize said city to erect, maintain, operate and enlarge a system of water works

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and sewerage, and electric plant; to authorize the said city to provide for streets, avenues, lanes, alleys, sidewalks, crossings, and for the laying out, opening, grading, working, paving and curbing the same; to provide for the paving and curbing of the streets, avenues and squares of said city, and the assessment against the abutting property owners for such improvements, and to determine who shall bear the expense of paving certain crossings and squares of said city; and to provide for the creation of liens against the owners of property affected by such improvements, and, the method of enforcing the same; to authorize said city to force connection with its sewerage system, to provide penalties for failure to do so, and regulate the manner in which said city shall have said work done and have, hold and enforce a lien against the property affected and its owners for the same; to authorize and provide for the proper condemnation of private property, both within and without said city for public purposes; to authorize and provide for the issuance of bonds of said city from time to time, for the enlargement and improvement of the public school buildings of said city and for the erection of new buildings for that purpose; to authorize and provide for the issuance of bonds of said city for the improvement of the electric light plant and water works system of said city; to authorize and provide for the issuance of bonds of said city for the erection, maintenance and operation of a sewerage system for said city; to hold elections for issuing bonds for public purposes and improvements; to provide for the assessment, levy and collection of an ad valorem tax on all property for general purposes and for the paying the principal and interest of the bonded indebtedness of said city; to authorize the assessment and collection of a tax for

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working the streets of said city; to authorize the taxation and license of all kinds of business, trades, occupations, shows, exhibitions and entertainments in said city; to authorize the abatement of nuisances; to prohibit the sale of all intoxicating liquors in said city; to prohibit the keeping and storing of all intoxicating liquors for illegal purposes, and to authorize the search for same and the seizure and destruction thereof, and punishment of offenders; to provide for the maintenance, regulation and supervision of the public schools of said city; to provide for the general policing of said city, and police regulations, and the general welfare of the inhabitants of said city; to provide for all matters and things necessary and proper or incident to a 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 from and after the passage of this Act the City of Statesboro, in the County of Bulloch, is hereby incorporated. Its corporate limits shall embrace and include all territory contained within a circle one mile at every point thereon from the centre of the court house as it is at present located in Statesboro, in the County of Bulloch and State of Georgia. Statesboro, City of, incorporated. Corporate limits. SEC. 2. The municipal government of the City of States boro shall consist of a Mayor and five Councilmen who are hereby constituted a body corporate under the name and style of the Mayor and City Council of Statesboro, and by such name they shall have perpetual succession, with power and authority to contract, and to be contracted with; to sue and be sued; to plead and be impleaded; to have and use a common seal; shall be able in law or equity to

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purchase, have, hold and enjoy, receive, possess, and retain to them and their successors in office, for the use and benefit of the City of Statesboro, in perpetuity or for any term of years any estate or estates, real or personal, of every kind and nature, within or without the corporate limits for corporate purposes. To have and to hold all property now belonging to the city either in its own name or the name of others for the use of said city for the purpose and intents for which the same was given, granted, dedicated or purchased; to use, manage and improve, sell, convey, rent, or lease the same; and shall have like power over the property hereinafter acquired; and shall succeed to all the rights and liabilities of the present corporation. They shall have the power to borrow money and give evidences of indebtedness for the same; to issue bonds from time to time, and to do and perform all and every act or 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, by-laws, regulations, 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. Mayor and Councilmen, their powers and duties. SEC. 3. All the present officers of said city shall hold their offices until the expiration of their present terms, and until their successors are elected and qualified, except as herein provided. The term of office of the Mayor and Councilmen shall be two years and until their successors are elected and qualified. Present officers hold until expiration of their terms. SEC. 4. The general election for Mayor and Councilmen shall be held on the first Saturday in December, 1912, and on each first Saturday in December thereafter as follows: The first election under the charter to be held on

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the first Saturday in December, 1912, shall be for the election of Mayor and five Councilmen, the Mayor and two of said Councilmen to be elected for a period of two years from said date and three of said Councilmen to be elected for a period of one year from said date, and until their successors are elected and qualified; after which time the Mayor and two Councilmen shall be elected biennially and for a period of two years and three of said Councilmen shall be elected the year thereafter for a period of two years, so that the terms of the Mayor and two Councilmen shall expire one year and the terms of three Councilmen shall expire the year thereafter. Election of Mayor and Councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of Mayor of said city who has not been a resident thereof for one year or more continuously preceding his election, and who is not a qualified elector to vote in the cty elections of said city. Nor shall any person be eligible to the office of Councilman of said city who is not eligible to the office of Mayor. Should the Mayor or any Councilman of said city remove from the limits of the same during his term of office, his office shall thereby become vacant. Eligibility of officers. SEC. 6. All persons who have been bona fide residents of said city for six months before the day of election, who, before registering as hereinafter required, have paid all taxes of every description legally imposed and demanded by the authorities of said city, who shall have been duly registered, as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Qualified voters. SEC. 7. Be it further enacted by the authority aforesaid, That all elections shall be superintended and managed

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by a Justice of the Peace or some other judicial officer and two freeholders, residents of said city, who, before entering on their duties as managers of said elections, shall subscribe the following oath: All and each of us, whether Justices of the Peace or some other judicial officer or freeholder, residing in the City of Statesboro, do swear that we will faithfully superintend this day's election; that we will make a just and true return thereof, and will not knowingly permit any one to vote in this election unless we believe that he is entitled to vote according to the law of the said City of Statesboro; nor will we knowingly prohibit anyone from voting who is by law entitled to vote; so help us God. 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 Bulloch authorized by law to administer oaths or, if no such person can be conveniently had, said managers may administer the oath to one another. Said managers shall keep two lists of voters and two tally sheets of said election. Said managers shall be appointed by the Mayor then in office, or in his absence, by the Mayor pro tem. then in office, at least five days before the election, and notice thereof given to the persons appointed, and if any one or more of said managers as appointed fail to appear and serve at the time for opening the polls on the day of election, the vacancy or vacancies may be filled instanter, and the necessary number of managers appointed by the Mayor then in office, or in his absence by the Mayor pro tem., or in the absence of both by any Councilman in office. The managers of such elections shall receive such compensation as may be fixed by the City Council of said city, not exceeding two dollars per day each. Elections, how held. Compensation of election man agers. SEC. 8. Be it further enacted by the authority aforesaid,

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That the polls at the elections held in and for said city shall be open from 8 o'clock A. M. to 5 o'clock P. M. 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. Said managers shall make cerficate of the result on each of the two tally sheets kept by them, and shall place one of the two lists of voters kept by them and one of the said tally sheets, together with the ballots in an envelope or box, and seal the same and deposit it with the Clerk of the Superior Court of Bulloch County. The other list of voters and the other tally sheet they shall file with the clerk of the said City Council for delivery to and inspection by the said City Council, who shall meet within five days after said election is held and declare the result of same, which said declaration of the result of the election, shall by the clerk of the City Council be entered of record on their book of minutes. The Clerk of the Superior Court and the clerk of said City Council, after the expiration of 90 days from the time of said election, shall destroy said ballots and lists of voters without inspection; provided, no notice of contest be filed in which case they shall preserve the same until said contest be finally determined. Returns of elections. SEC. 9. Be it enacted by the authority aforesaid, That if any person shall vote in any city election in said city who is not legally entitled to vote under the laws of said city, he shall be guilty of a misdemeanor, and shall be punished as prescribed in Section 630 of the Penal Code of 1895 upon conviction after indictment or presentment by the Grand jury of Bulloch County. Illegal voting, punishment for SEC. 10. Be it enacted by the authority aforesaid, That should any contest arise over the result of any election for

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Mayor and Counclmen of said city, it shall be determined as follows: The contestant or contestants shall, within five days from the date of said election, by petition to the Superior Court of Bulloch County, plainly, fully and distinctly set out his or their grounds for contest, and the names of the person or persons whose election is contested and file said petition in the office of the Clerk of the Superior Court of Bulloch County. Immediately upon the filing of said petition the clerk of said Court shall transmit a copy thereof to the Judge of the Superior Court of Bulloch County and shall furnish the contestees as set out therein, each with a copy of said petition. Upon a receipt of a copy of said petition the said Judge shall fix a time and place of hearing and endorse same on the said copy; provided, that the time of hearing shall not be more than fifty nor less than thirty days from the date of his order and may be at the session of the Superior Court of said county or in vacation. All parties shall receive from said clerk ten days' notice of the time and place said Judge shall proceed to hear and determine said contest and all the issues of law and fact submitted therein and render final judgment in the premises. Election contests. SEC. 11. Be it further enacted by the authority aforesaid, That in the event notice of a contest is filed, as provided in the previous Section, the Mayor and Councilmen of said city then in office shall continue to perform their duties as such officers until said contest be settled and determined and until their successors are legally elected and qualified. Who shall hold office until contest decided. SEC. 12. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of Mayor, caused by death, resignation, failure to elect, removal from the

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city, or otherwise, said vacancy shall be filled by the City Council of said city, who shall proceed at once to elect a Mayor for the unexpired term, it being declared lawful and competent for said City Council to elect one of their own members should they see fit. And in case of a vacancy in the office of Councilman, caused by death, failure to elect, resignation, removal from the city or otherwise, the vacancy shall be filled by the remaining members of the City Councilmen who shall proceed at once to elect a Councilmen to fill the unexpired term. Said Mayor and Councilman thus elected shall before entering upon the duties of their respective offices, take the oath of office heretofore prescribed. Vacancies, how filled. SEC. 13. Before entering upon the discharge of their respective offices, the Mayor and Aldermen shall each make and subscribe the following oath: I do solemnly swear that I will faithfully discharge all duties devolving on me as Mayor (or Councilman as the case may be) of the City of Statesboro, during my continuance in office, according to the best of my ability and understanding, so help me God. Said oath shall be entered upon the records of said city. Oath of Mayor and Councilmen. SEC. 14. Be it further enacted by the authority aforesaid, That said City Council of said city shall have the power to elect one or more policemen, one of whom shall be chief of police, a clerk, treasurer, attorney, assessors, and such other officers as the necessities of the city may demand. The terms of office of said officers shall be for one year and until their successors are elected and qualified. The Mayor and Councilmen, or Mayor pro tem. and Councilmen, may appoint such extra policemen as may be necessary from time to time, and said extra policemen shall receive such compensation as may be fixed by the City Council. Any of said officers may be dismissed from office

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at any time by a majority vote of the City Council, and all of them shall take an oath to faithfully perform the duties of their respective offices, and give such bond and security as may be required by said City Council. Officers elected by Council. SEC. 15. Be it further enacted by the authority aforesaid, That the City Council shall, at their first meeting after election and qualification, elect one of their members as Mayor pro tem., who shall, in the absence or disqualification of the Mayor, be the presiding officer of the City 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 other reasons, be unable to act. Mayor pro tem. SEC. 16. Be it further enacted by the authority aforesaid, That the clerk of the City Council of said city shall be ex-officio treasurer of said city, and shall be ex-officio treasurer of the board of education or board of trustees for the schools of said city, and shall be ex-officio a member of the board of tax assessors of said city, his duties to be prescribed by the City Council. He shall be required to give such bond and security as the City Council shall fix, conditioned for his faithful performance of the duties of treasurer of said city; provided, however, that should the City Council see fit they may separate the offices of treasurer and clerk and elect a treasurer of said city, prescribe his duties, fix his salary and require of him bond and security. Clerk and treasurer, and his duties. Bond.

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SEC. 17. Be it further enacted, That in no case shall the corporation herein created be liable for damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made or effected by the marshal, chief of police or any other policeman of said city; but if damages are ever thus sustained they can only be recovered out of the officer or officers whose unlawful and unauthorized conduct may have produced them. Damages, corporation and officers not liable for unlawful arrest. SEC. 18. Be it further enacted, That it shall be the duty of the city clerk upon the first day of September of each year, to open a registration book, to be kept at the Council chamber for the proper registration of the qualified voters of the City of Statesboro; said book shall be kept open from eight o'clock A. M. until 12 o'clock M., and from 2 o'clock P. M. to five o'clock P. M. each and every day (Sundays and legal holidays excepted) until the 15th day of October following, when it shall be finally and absolutely closed. Registration book. SEC. 19. Be it further enacted, That it shall be the duty of the clerk, upon application in person, and not by proxy, of any male person who is qualified to vote for members of the General Assembly, who has paid all taxes of whatsoever character legally imposed or demanded by the authority of the city, and who upon the day of the election, if then a resident, will have resided in said city for six months prior thereto, to register the name of such person, recording on said list, besides the applicant's name his age, occupation or business, and the locality in the city where he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, nor refuse anyone who is entitled to register; and shall administer to him the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided

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in Georgia for twelve months, in this county for six months and in this city for six months next preceding this registration or that by the time of the next city election, if still a resident of this city, you will have fulfilled these conditions; that it is your intention to remain a resident of the city until the day of election; that you are twenty-one years old; that you have paid all taxes due the City of Statesboro; that you have made all returns required of you by the ordinances of this city; so help you God. Registration of voters. SEC. 20. Be it further enacted, That there may be an appeal from the decision of the clerk or registrar as to the right of a person to register, to a committee of three freeholders previously appointed by the Mayor and Council for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within five days from the time the appeal shall be made. After all appeals are decided, it shall be the duty of the clerk or registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of same. The registration book shall be open to the inspection of the public at all times during office hours. The said committee shall have the authority to purge said registration list of all illegal voters upon five days written notice to the person or persons who have registered illegally. Appeals from decision of registrar. SEC. 21. It shall be the duty of the clerk or registrar to furnish the managers of elections, at or before the opening of the polls on the day of election, with a complete list of all the registered voters, arranged in alphabetical order, certified to under the hand of the clerk or registrar, and the corporate seal of the city. Said list shall be kept by the managers before them for their inspection during said election, and they shall not permit any one to vote whose name does not appear on said list. Lists of registered voters.

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SEC. 22. Be it further enacted, That all elections held at any other time than the regular elections, as above provided for, such as for the issuing of bonds by the Mayor and Aldermen, and in all special elections for any purpose whatever a special registration book shall be had for such elections and said registration book shall be opened by the clerk of the said city for the proper registration of all those may be entitled to register for a period of thirty days before said special election, but they must be closed finally ten days before the day of election, and the list made up as above provided for relative to general election; provided, however, that when any special election for the issuing of bonds or for any other purpose, shall be held within three months of any general election, it shall not be necessary to have a special registration for such special election but the registration list of the last general election shall be used as the registration list of said special election. Special registration book. SEC. 23. Be it further enacted by the authority aforesaid, That the City Council of said city shall be presided over at its meetings by the Mayor, or in his absence by the Mayor pro tem., and a majority of the Council shall be necessary to form a quorum for the transaction of business. The said Council shall cause to be kept in a well-bound book an accurate record of all its proceedings, by-laws, acts, orders, ordinances and resolutions, which book shall be fully indexed and open to the inspection of any one who is required to pay taxes in said city. Said Council shall hold monthly, semi-monthly or weekly sessions as they may determine, and the Mayor or Mayor pro tem. may call such other and additional meetings as emergencies may, in his discretion, require. At each meeting of said City Council the proceedings of the last meeting shall be read, corrected if erroneous, and signed and approved as correct by the

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presiding officer for the time being. Upon the call of any member the yeas and nays on any question shall be taken and recorded on the book of minutes. Meetings of Council. Record of proceedings. SEC. 24. Be it further enacted by the authority aforesaid, That the City Council of said city shall have power and authority to enact such ordinances from time to time as they may deem necessary to enforce the provisions of this charter; but no ordinance or other measure shall be passed unless it receives the vote of three Councilmen, if there be a full board of five present; or in the event a full board of five Councilmen are not present, no ordinance or other measure shall be passed unless it receives the votes of three Councilmen; provided, however, that in case of a tie the Mayor shall have the right to vote, and any ordinance or other measure in such cases receiving the votes of two Councilmen and the Mayor shall be passed and held of full force and effect. In no case shall the Mayor have the right to vote upon any ordinance or measure, except in case of a tie; but it shall be his duty to vote in all cases where a tie arises, whether with a full vote of five present or not, and such vote, when cast, shall count as the vote of a Councilman in determining whether any ordinance has received the three votes necessary to pass. In the event a Councilman shall be disqualified from voting in accordance with the disqualification prescribed by law of this State, or shall refuse to vote, a note of said refusal or disqualification shall be made upon the book of minutes and the remaining members of the Council shall proceed to vote and act as if said Councilman was absent. It shall be optional, but not compulsory for said City Council to have posted any measure, ordinance or resolution at such places in the city as they may direct, for the information of the public, or they may have the same published in any

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newspaper of said city, but failure to so post or publish any ordinance, measure or resolution shall in no wise operate to render same void. Authority to pass ordinances to enforce provisions of this charter. SEC. 25. Be it further enacted by the authority aforesaid, That said City Council shall at their first regular meeting in February of each year, elect three upright, intelligent and discreet persons, one of whom shall be the clerk of City Council, who shall be freeholders and residents of said city, as city tax assessors, who shall hold office for one year and until their successors are elected and qualified, and whose compensation shall be fixed by said City Council. It shall be the duty of said tax assessors to assess the taxable real estate of said city and receive the returns of personal property under oath of the tax payers, and perform such other service as the said City Council may, by ordinance, require to be performed in connection with said office. It shall be the duty of said tax assessors to place a just, fair and equitable valuation on all real estate within the incorporate limits of said city, and when the owner of personal property fails to return same for taxation, it shall be the duty of said tax assessors to place a just, fair and equitable valuation on same, and double said valuation and enter a note of said double valuation for the information of the clerk. The tax assessors shall give notice by publication in the official gazette of Bulloch County once a week for two weeks of the time when they will begin receiving tax returns, and the time when the books for receiving same shall be closed, which said times shall be fixed by the City Council, In no event shall the books for receiving same be kept open for less than fifteen days. Should any vacancy happen in said board of assessors by death, resignation, refusal to perform the duties of the office, removal therefrom, or otherwise, such

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vacancy shall be immediately filled by the City Council. Before entering upon the duties of the office each of said assessors shall take and subscribe before some officer authorized to administer oaths by the laws of this State the following oath of office: I do solemnly swear that I will faithfully perform the duties of tax assessor of the City of Statesboro, and will make a just and true valuation of all property subject to taxation in said city, according to its actual market value; so help me God. Two of said assessors shall constitute a quorum for the transaction of business, and any one of said assessor may administer the oath to be made by the tax payer in his return of personal property for taxation. Tax assessors and their duties. Notice shall be given of when returns are to be made. Vacancies, how filled. Oath. Quorum. SEC. 26. Be it further enacted by the authority aforesaid, That said assessors may have, during the progress of their investigation, such evidence as to the value of any property in said city as they may deem advisable, and if, after the publication of the notice of their intention to receive tax returns and assess property, as provided for in Section 25 of this Act any tax payer gives notice to said assessor in writing that he or she desires to submit evidence relating to the value of his or her property liable to assessment, it shall be the duty of said assessors to appoint a time and place to hear such evidence and hear same before assessing said property; provided, the tax payer is present and submits his evidence at the time and place appointed; but if he be not present, either personally or by agent or attorney, said assessors shall proceed to assess the value of said property with or without hearing evidence, as they may determine. If any person be dissatisfied with the valuation of his property as fixed by the assessors, he shall have the right to appeal to the City Council. Said appeal shall be entered within four days from the date upon which

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the written or printed notice hereinafter provided for has been mailed by the clerk. Upon filing said appeal with the clerk of said City Council it shall be the duty of the Mayor to fix a day upon which a hearing shall be had and give the appellant three days notice in writing of said hearing. Notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing the City Council shall hear all legal and competent evidence, pass upon same and render their decision accordingly, and from this decision there shall be no appeal. Assessments and appeals therefrom. SEC. 27. Be it further enacted by the authority aforesaid, That in the event the said assessors are not satisfied with the return of personal property for taxation, made by the tax payer, they shall transmit said return to the City Council, noting thereon or annexing thereto the grounds of their dissatisfaction and upon the filing of this return with the clerk, it shall be the duty of the Mayor to notify the tax payer that his return of personal property for taxation has been excepted to by the city assessors, and fix a day upon which a hearing will be had; said notice shall be in writing, and shall be given at least three days before the time of said hearing. Notice to the agent or attorney at law of said tax payer shall be sufficient. At said hearing said City Council shall hear all legal and competent evidence, and render their decision assessing and fixing the valuation of said personal property, and from that decision there shall be no appeal. Exceptions to returns, how tried. SEC. 28. Be it further enacted by the authority aforesaid, That immediately after the city assessors have finished assessing the value of the taxable real estate of said city and receiving the returns of personal property, they shall file a report of their actions with the clerk of the City

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Council, and immediately after said report is filed it shall be the duty of said clerk to mail a written or printed notice to every tax payer, setting out the valuation of his taxable real estate in said city as assessed by the city assessors, specifying as near as practicable, the valuation assessed for each tract or parcel of land. All the returns of personal property under oath shall, as fast as made, be by said assessors transmitted to said city clerk, and it shall be the duty of said clerk to prepare a tax digest, which shall contain the valuation of the taxable property, both real and personal as the same has been determined under the provisions of this charter, noting upon said digest the property double taxed. The City Council may, by ordinance, fix the time when said digest is to be completed by the clerk, and said City Council may, upon proper cause shown, relieve any tax payer of the double taxation entered against him. Report of assessors. SEC. 29. Be it further enacted by the authority aforesaid, That the Mayor of said city shall see that all laws, ordinances and resolutions of said city are faithfully enforced and executed, and that all officers of said city shall faithfully discharge the duties required of them; he shall have general jurisdiction and supervision of the affairs of the city; he may exercise within the city the power conferred upon Constables and Sheriffs to suppress disorder and keep the peace; he shall have the power, when necessary, to call on every male inhabitant of said city over eighteen years old to aid in suppressing riot or disorderly assemblages of any kind, or to aid in enforcing the laws and ordinances of said city; he shall have authority to inspect the books and papers of any agent, employee or officer of said city; he shall, from time to time, and especially at the end of each official year give the City Council

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information relative to the affairs of said city, and he shall recommend for the consideration of the Council such measures as he may deem fit. Powers and duties of Mayor. SEC. 30. Be it further enacted by the authority aforesaid, That the Mayor, or in his absence or disqualification, the Mayor pro tem., or in the case of the absence or disqualification of both the Mayor and Mayor pro tem., any member of the City Council may hold a Court, to be called the Mayor's Court for the trial of all offenders against the laws and ordinances of said city as often as may be necessary. Said Court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. The punishment for any violation of a city law or ordinance, when not otherwise provided in this Act, or for contempt, shall be a fine not exceeding two hundred dollars ($200.00), imprisonment in the city guard house or in the county jail, by permission of the county authorities, for a period not exceeding ninety days, work on the street, chaingang or such other places where the offender may be lawfully placed at work under the provisions of this charter for a period not exceeding ninety days, one or more, or all of these punishments, at the discretion of the trial Court. Any person convicted before said Mayor's Court for any violation of the laws or ordinances of said city, may enter an appeal from the judgment of said Court to the City Council; provided, the appeal be entered instanter and bond for his appearance to abide the decision of the City Council be given; said bond to be approved by the chief of police. At the trial of such appeal, the Mayor, Mayor pro tem. or any member of the City Council may preside, and it shall require three votes of the Council to reverse the judgment of the Court from

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which the appeal is made. In the event such sentence or judgment is reversed, the said City Council may proceed to acquit the offender or impose such sentence as they may see proper, consistent with the provisions of this charter, and in the event such sentence is approved there shall be no need to pronounce a new sentence upon the offender, but the original sentence shall at once be enforced, unless suspended in accordance with the law governing certiorari from the County Courts of this State, as set forth in the Code of the State of Georgia, the right of certiorari in accordance with said law being hereby given. Mayor's Court and its powers and jurisdiction. SEC. 31. Be it further enacted, That said Mayor and City Council 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, with authority to work the convicts of said city upon the streets, roads, bridges, ditches and other public works of said city. Chaingang. SEC. 32. Be it further enacted by the authority aforesaid, That the Mayor of said city 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 City of Statesboro offenses against any penal law or the State, and to take examination of such persons, and the same to discharge or commit to prison or to let to bail, according to law, to answer such charge before the Court having jurisdiction in the same manner as Justices of the Peace of the several counties of the State now or hereafter may have by law, all of which warrants shall be addressed to the chief of police of Statesboro, Georgia, or any lawful policeman thereof, and to all and singular the Sheriffs, Deputy Sheriffs and Constables of

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this State, and any one of said officers shall have the same authority to execute said warrants as the Sheriffs of this State have to execute criminal warrants. Arrests, commitments, appearance bonds, etc. SEC. 33. Be it further enacted by the authority aforesaid, That if, on the trial of any person before the Mayor, Mayor pro tem. or City Council for violation of any ordinance or law of the city, it shall appear that such persons are 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 persons or person to prison or let to bail, to answer before the Court having jurisdiction of the same for the offense committed. Commitments and appearance bonds. SEC. 34. Be it further enacted by the authority aforesaid, That it shall be lawful for the chief of police of said city, or any regular or special policeman thereof, 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 disorderly conduct, public indecency, quarreling, fighting or any violation of any of the ordinances or laws 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 guard house, or in the common jail of Bulloch County for a reasonable length of time. Said chief of police, regular or special policeman, shall have the power and authority to call to his assistance, in order to arrest and detain such offenders, the Sheriff of said county or his deputies, or any Constable of said county or any bystander, and such persons, when so summoned shall be bound to assist and aid such officers, and should they fail to do so, they or either

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of them, shall be liable to be prosecuted in the Mayor's Court, and, upon conviction, punished as prescribed in Section 30 of this Act. Arrests without warrants. SEC. 35. Be it further enacted by the authority aforesaid, That the chief of police, regular or special policeman shall have the right and privilege (though they shall not be compelled, if it would be dangerous, to allow their prisoner to run at large) to release any person arrested within the corporate limits of said city, upon such person giving a bond to be approved by the chief of police, or Mayor of said city, payable to the City of Statesboro, conditioned to pay said City of Statesboro an amount fixed by said chief of police or Mayor, and named in said bond, in the event said person arrested does not appear before the corporate authorities of this city at the time and place corporate authorities of the city at the time and place son so arrested is tried for the offense for which he or she was arrested. Appearance bonds. SEC. 36. Be it further enacted by the authority aforesaid, That if any person who has been arrested charged with a violation of any law or ordinance of said City of Statesboro, 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 specified in the bond, said bond shall be declared forfeited and a rule nisi directed to the principal and security shall issue directing and requiring them to show cause before the Mayor's Court, at a sitting of said Court to be held not less than sixty days from the time of the forfeiture nisi, why the bond should not be absolutely forfeited, copies of which rule nisi shall be served upon the principal and sureties on the bond at least twenty days before the sitting to which it

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is made returnable, either personally or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing same once a week for four weeks prior to the sitting of the Court, to which the same is returnable in the official gazette of Bulloch County. If at such return term no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and securities on said bond, or such of them as have been served, for the full amount thereof and all cost, which shall include the cost of publication, if service by that method is used, which execution shall be signed by the clerk of the Council and Mayor of the city, and shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgments in the Justice and Superior Courts of this State. Said execution shall be directed to the chief of police of Statesboro, and to all and singular the Sheriffs, Deputy Sheriffs and Constables of said State, by any one of whom the same may be levied. Forfeiture of appearance bonds. SEC. 37. Be it further enacted by the authority aforesaid, That said City Council shall have the power to control the finances and property of said city, to appropriate money and provide for the payment of the debts and expenses of the corporation. Finances and property. SEC. 38. Be it further enacted by the authority aforesaid, That for the purpose of raising revenues, to defray the ordinary current expenses incident to the support and maintenance of the city government, the said City Council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city, not to exceed one per

Page 1354

cent., but when that amount is deemed insufficient, said City Council shall have the authority to levy an additional tax in the mode and manner provided by the Constitution and laws of the State of Georgia. Ad valorem tax. SEC. 39. Be it further enacted by the authority aforesaid, That said City Council shall have power to provide for the levying and collection of a business or occupation tax upon any trade, business, profession or occupation, except such as are exempt by law, carried on within the city limits and upon inhabitants of said city who engage in or offer to engage in any profession, trade, business or occupation in said city, and on such persons as live without the limits of said city but who engage in or attempt or offer to engage in any profession, business, trade or occupation, not exempt by law within the limits of said city, as said City Council may deem expedient for the safety, benefit, convenience and advantage of said city. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession, trade, business, or occupation, and said City Council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation tax, or take out license for same, who engage in, or offer or attempt to engage in, such business, trade, profession, or occupation before paying such tax or taking out such license and complying fully with all the requirements of said City Council made in reference thereto. Special taxes. SEC. 40. Be it further enacted by the authority aforesaid, That the said City Council shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, sodas, ices, etc., livery stables, feed

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stables, sale stables and lots, hacks, drays and other vehicles; auctioneers, vendue masters, itinerant traders, theatres and theatrical performances, shows, circuses, and exhibitions of all kinds; oil mills, ice works, laundry and water works; electric light works, itinerant lightning rod dealers, emigrant agents, book agents, peddlers of stoves, clocks, machines or any kind of merchandise whatever; itinerant venders of any and all kinds of goods, wares, merchandise or other things; billiard, pool and bagatelle tables kept for public play; every keeper of a shooting gallery or ten-pin alley; upon the keeper of any table, device, stand or play for the performance of any game or play, whether played with sticks, balls, rings or other contrivances; upon balloons, flying horses, or other like contrivances; bicycles, velocipedes, or skating rinks; insurance agents, life, fire, accident or other insurance companies; loan agents and agents for any and all kinds of business; banks and bankers, brokers and commission merchants of all kinds; dealers in futures; keepers of slaughter pens, beef market, green grocers, dealers in fresh oysters, vegetables, fruits, breads, meats and other articles of food; contractors and builders and all mechanics or artisans; keepers of blacksmith or repair shops, barber shops, junk shops, pawnbrokers, and upon all and every other establishment, business, trade, calling or occupation not heretofore mentioned, and which under the laws of the State of Georgia, are not exempt from municipal tax. License, regulation and control of establishments, businesses, trades, callings. occupations, etc. SEC. 41. Be it further enacted by the authority aforesaid, That the said City Council shall have power and authority to make and establish by ordinance a fiscal year, in their discretion, from which and to which all licenses shall date. Should any person apply for license for any business in said city for which a license is required, at any time

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after the fiscal year has begun, the said City Council shall have authority to require from such person the same amount as is required for a license for a full year, and in no case shall the said City Council be required to prorate the amount of any license for a term not less than a full year; provided, nevertheless, that no change in the fiscal year shall operate to the injury of any person who has paid the amount of license required of him. Licenses. SEC. 42. Be it further enacted by the authority aforesaid, That said City Council shall have the authority to enforce by execution the collection of any debt or claim due or to become due, to said city for taxes, license, fees, rents, impounding fees, fines and forfeitures, for laying sewers and mains, for cleaning and repairing privies, and for abating nuisances, and for any and all levies, assessments, debts or demands, due or to become due to said city. Said executions to be issued by the clerk of the City Council, signed by him and the Mayor of said city, directed to the chief of police of the City of Statesboro, and to all and singular the Sheriffs, Deputy Sheriffs and Constables of this State, by any one of whom the same may be executed, and who are authorized to levy the same upon the property against which it is issued, or on the property of the owner against whom such execution shall issue, and the same to be sold as provided by the Code of the State of Georgia, 1895, Sections 732, 733, 734, 735, in cases of sales for taxes. Executions for collections of debts. etc. SEC. 43. Be it further enacted by the authority aforesaid, That the cost of the issuing and levying of any execution authorized by this Act, and of the sale of any property under the same, shall be paid by the person against whom said execution shall issue, or paid out of the proceeds of the property levied on and sold. And the City

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Council of said city are authorized to prepare and establish a fee bill of said cost. Costs. SEC. 44. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief of police to levy all executions in favor of the city, and after advertising for thirty days as Sheriff's sales are advertised, he shall sell the property levied upon before the court house door in Bulloch County, on a regular Sheriff's sale day, within the legal hours of Sheriff's sales, at public outcry, to the highest bidder, and execute titles to purchaser, and shall have the same power to place the purchaser in possession as Sheriffs of the State have; provided, however, should any of the property levied upon, as before provided, remain in the hands of the levying officer and is of a perishable nature or liable to deteriorate in value from keeping, or there is expense attending the keeping of the same (the same not being real estate), it may be sold as in such cases provided by Sections 5463 and 5464 of the Code of Georgia, 1895; except that the order to sell shall be obtained from the Mayor. In the event said executions are levied by any person authorized to levy and execute the same and not by the chief of police, the time, place and manner of sale shall be the same as if levied by the said chief of police. Levy of executions and sale of property. SEC. 45. Be it further enacted by the authority aforesaid, That the executions issued in accordance with the power and authority conferred by Section 39 of this Act shall have the same force and binding effect as other executions for taxes; in case they are for ad valorem taxes due the city, and in case they are for other taxes, licenses, fines, forfeitures or demands due the city, shall have the same force and binding effect as executions issued from the Superior Courts and Justice Courts of this State, and

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may be levied by any officer to whom they are directed, upon any property in said State subject to said execution. The same right and privilege shall belong to the person against whom executions issue to file an illegality to said execution, and to any person not a party to said execution to file a claim to the property levied on and give bond, as if said executions issued from a Justice's or Superior Court of this State. The papers connected with said claim or illegality cases shall be returned to that Court, according to amount involved, in said Bulloch County, or by the laws of Georgia, has jurisdiction to try other claims and illegalities. In the event the real estate levied on lies in another county, and claim of illegality shall be filed, then such case shall be tried in that Court in the county where the land lies, as according to the amount involved, has jurisdiction to try similar claims and illegalities. In all cases the officers making sale under said execution shall execute title to the property sold, and put the purchaser in possession of the same. Force of executions. Illegalities. SEC. 46. Be it further enacted by the authority aforesaid, That the said City Council shall have the power and authority to provide by ordinance when the taxes of said city 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 fall due, when. Executions issue, when. SEC. 47. Be it further enacted, That the Mayor and board of Councilmen 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

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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 one year, but may be removed or suspended as hereinbefore set out. Fire department. SEC. 48. Be it further enacted, That the Mayor and board of Councilmen are hereby empowered to establish by 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 Councilman. They shall be elected for two years and until their successors are elected and qualified. They shall be freeholders of the City of Statesboro and shall not be eligible to any other municipal office of said city during the term for which they are elected. All vacancies shall be filled by the Mayor and board of Councilmen 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 by-laws, rules and regulations for their own government of the employees and the management of said light and water and sewer system as they may deem necessary

Page 1360

not to conflict with this Act. Said board shall make quarterly reports to the Mayor and board of Councilmen 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 elect a clerk and fix his compensation to be approved by the Mayor and board of Councilmen. The members of said board shall receive for their services such compensation as shall be fixed by two-thirds of the Mayor and board of Councilmen 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 Councilmen 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, their duties, powers, etc. SEC. 49. Be it further enacted, That the Mayor and City Council of said city may by ordinance if they see fit, establish a board of health for said city to consist of the Mayor, city physician, and three citizens of the city, who shall be appointed by the Mayor and confirmed by the board of Councilmen, and who shall hold office for one year, and until their successors are appointed and qualified; the citizens appointed on said board shall hold no other municipal office during their term of office. The Mayor shall be chairman of said board and shall be entitled to vote therein. The Mayor and City Council shall prescribe by ordinance the proper rules and regulations of said board; shall prescribe their duties, and the times they shall meet; and the Councilmen shall fix the salaries of the three citizens, who

Page 1361

shall be appointed on said board, but the Mayor and city physician shall serve on said board for their regular salaries paid them in their official positions; 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 of all kinds. They shall likewise exercise absolute power over the subject of quarantine, and from time to time recommend to the Mayor and City Council for passage such ordinances, rules and regulations for the general health and sanitary betterment of the city as they may deem necessary for the good of the city. They shall also have power to inspect foods, milk, fruit and other things sold in said city, and report to the Mayor and City Council all persons selling any impure article, and the said Mayor and City Council shall provide by ordinance a penalty for all persons so offending; the said board of health shall look after the general sanitary condition of the city, and shall report any nuisance likely to endanger the health of the city, or in any neighborhood or place, and the Mayor and Council shall enforce all sanitary rules and regulations, and shall prescribe penalties for violation of the same; shall abate all nuisances, and enforce all ordinances for the general health of the city. Board of health, their duties, powers, etc. SEC. 50. Be it further enacted, That the Mayor and board of Councilmen 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,

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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 reasonable time as may be fixed by said Mayor and City Council, 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. 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 or in any manner whatever changing the grade, street lines and sidewalks of the city. And whenever the Mayor and board of Councilmen 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, administrator, guardian, agent or other fiduciary, in the manner provided by Sections 4657 to 4685, inclusive, of Volume 2, of the Code of Georgia, 1895; and Acts amendatory thereof. Authority over streets, sidewalks, etc. SEC. 51. Be it further enacted, That the Mayor and board of Councilmen 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,

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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. One-half the expense of paving sidewalks, lanes, and alleys shall be borne by the abutting property owners in the just proportion to the foot frontage of their property thereon and one-half by the city. The entire expense of all railroad crossings shall be borne by said railroads. Whenever the Mayor and board of Councilmen 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 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 lines 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 completely as the Sheriffs of the State are authorized to do at public sales under judgment and execution.

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The City of Statesboro shall have full right to bid on and purchase said property at said sale if it chooses 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. Paving of streets, sidewalks, etc. Expense of paving. Notice of assessments. Assessments, when due. Lien of assessments. SEC. 52. Be it further enacted, That the Mayor and City Council shall have power and authority to call elections from time to time for the purpose of voting bonds for the purpose of paving any of the streets of said city, in any amount not to exceed fifty thousand dollars. Bond elections. SEC. 53. Be it further enacted, That the Mayor and City Council of said city are given power and authority to pass all ordinances and necessary legislation for the successful and effectual carrying out of the purposes and intent of the above and foregoing Sections relating to paving, as to them may be deemed to the best interest of the city, and which shall not be in conflict with the Constitution and laws of Georgia. Authority to pass paving ordinances. SEC. 54. Be it further enacted, That all male residents of said city between the ages of 21 and 50 who have resided in said city thirty days before the first day of March of each year, shall be subject to work the streets of said city, and not to exceed ten days in each year, or pay a commutation tax in lieu thereof not to exceed five dollars, as the Mayor and 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 from the marshal or other police officer so to do, such person may be sentenced by the Mayor to work upon the streets of said

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city for and during the term of not exceeding fifteen days under the direction and control of the marshal, or to be fined or placed in the guard house, in the discretion of the Mayor. Street duty or commutation tax. SEC. 55. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have authority to provide for the establishment and maintenance and extension from time to time, of a system of sewerage and drainage for said city and shall have power and authority to contract with any person or persons for the purchase of lands or premises to be used in connection therewith, whether within or without said city, and shall have the authority and power to condemn private property, either within or without said city, in the manner provided for by law, for said purposes. The said Mayor and Council shall have authority to purchase all machinery and plant, to make all contracts with the inhabitants of said city and with others for the furnishing of sewerage and drainage, and to do any and all things necessary for the establishment, operation, maintenance and extension of said system of sewerage and drainage, subject to the provisions of Section 48 of this Act. Sewerage and drainage. SEC. 56. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have the authority and they are hereby empowered, to call elections, from time to time, for the purpose of voting bonds for the purpose of establishing, improving and extending a system of sewerage and drainage for said city, and for the purpose of carrying out the provisions of Section 55 of this Act, in an amount not to exceed $100,000.00 and in such denominations as may be determined by the said Mayor and Council. Bond elections called from time to time.

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SEC. 57. Be it further enacted, That the Mayor and City Council shall have full power and authority over and absolute control of all pipes, sewers, private drains for filthy waters or other substances of 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 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 Council of said city, and which may be detrimental to the public health. They shall also have full power and authority to compel all property owners to connect closets and urinals or other receptacles or drains aforesaid, on the premises of such property owners with the sanitary sewer 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

Page 1367

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 Sheriffs' deeds under sales made by judgment and execution, and he shall proceed at once to dispossess the owner thereof, and put the purchaser 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 Mayor'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. Assessments and executions therefor. SEC. 58. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city are hereby given full and complete authority, subject to the provisions of Section 48 of this Act, to control the existing system of electric lights and water works of said city, with power to make any and all contracts for the operation thereof, and are hereby authorized to purchase, control and condemn land for the extension and improvement of said system. The said Mayor and Council are empowered to have held, at such time as they may see fit, an election by the qualified

Page 1368

voters of said city to determine whether or not bonds shall be issued, as provided for by law, by said city in a sum not to exceed $50,000.00 to be sold for the purpose of improving and extending and more completely equipping the electric light plant and water works plant of said city. Authority over system of electric lights and waterworks. Electric light and waterworks bonds. SEC. 59. Be it further enacted by the authority aforesaid, That there shall be maintained in said city of Statesboro a system of public schools to be conducted in the manner hereinafter prescribed. There shall be a board of trustees of the schools of said city consisting of five members, who shall be elected by the Mayor and Council of said city, which election shall be held at the first regular meeting of said City Council in December of each year. Two members of said board of trustees shall be elected one year, two the next year and one the next year thereafter, the term of each member being for three years. Before the members of said board of trustees enter upon their duties as such they shall take and subscribe to the oath required of the county board of education. Public schools. SEC. 60. Be it further enacted, That the Mayor and Council of the City of Statesboro are hereby authorized to levy a tax annually in addition to that now authorized by law, not to exceed one-fourth of one per cent. on the real and personal property in the City of Statesboro for the purpose of establishing and maintaining a system of public schools in said city; provided, that the money so raised shall be used for school purposes as hereinafter set forth. School tax. SEC. 61. Be it further enacted, That the Mayor and Council are authorized and empowered to issue bonds of said city in the sums and at such times as they may see proper not to exceed in the aggregate of $25,000.00, of the

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denomination of one thousand dollars each, to become due and payable at such time or times, not exceeding thirty years from the date of the issue thereof, as said Mayor and City Council shall determine, and bear interest not to exceed six per cent. per annum. Said bonds to be sold, issued and hypothecated for the purpose of purchasing sites, erecting buildings, completing and equipping public school buildings in said city. School bonds. SEC. 62. Be it further enacted by the authority aforesaid, That there shall be maintained for at least nine scholastic months in each year, under the provisions of this Act, one or more schools for white children and one or more schools for colored children. All children of school age, who are entitled to the benefit of the public fund under the laws of this State, and who bona fide reside with their parents, guardians or natural protectors within the corporate limits of said city, shall be admitted to the aforesaid schools upon payment of such fees only as the board of trustees of said schools may deem necessary to meet such expenses of said schools as are not otherwise provided for under the provisions of this Act. 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 shall be prescribed by the board of trustees not in conflict with the laws of this State. Schools, their terms, etc. Who are entitled to benefits. Children of non-residents, how admitted. SEC. 63. Be it further enacted by the authority aforesaid, That said board of trustees shall have authority to employ teachers for said schools, fix their salaries, make rules for the government of themselves, the teachers and pupils of said schools, make grades and prescribe the studies thereof. Said board of trustees shall have sole authority to contract with teachers for said schools, and

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after the passage of this Act neither the board of education of Bulloch County nor the County School Commissioner shall contract with any person to teach a school of any character in said city, nor shall any of the State school fund be paid to any school in said city other than herein provided for, and it shall not be lawful for said county board of education or said County School Commissioner to establish or maintain any school or schools miles of the corporate limits of said city. Teachers, their salaries, etc. SEC. 64. Be it further enacted, That so long as public schools are maintained in the City of Statesboro, the State School Commissioner is hereby authorized and required to pay over to the treasurer of said board of trustees, who shall be the clerk of City Council of said city by reason of his office, for the use of the public schools, under such rules and regulations as said board may prescribe, the proportion of the common school fund arising from any source belonging to the City of Statesboro, to be by them expended in the establishment and maintenance of said public schools, as authorized and directed by the Constitution and laws of this State. Public school fund SEC. 65. Be it further enacted, That it shall be the duty of the Mayor and Councilmen of the City of Statesboro to levy and collect the taxes hereinbefore provided for, and keep a separate account of the same to the credit of the public school fund, which funds shall be subject to the order of said board of trustees for the support and maintenance of the public schools; said taxes shall be collected be levy and sale, as provided by this charter and ordinances of the city, and no person shall have the benefit of said schools who fails or refuses to pay all taxes assessed against them by said authorities. Collection and application of school tax.

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SEC. 66. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have power to regulate the keeping of gun powder, gasoline and other combustibles and explosives, to make regulations for guarding against fires, and to fix and establish fire limits, and from time to time change and enlarge or restrict the same; to provide by regulation and ordinance the kind of buildings to be erected, the kinds of material and construction, to also have power and authority to grant or refuse permits for all kinds of buildings and other structures to be erected in said city, and to provide by ordinance penalties for any violation of the same. Regulations for prevention of fires. SEC. 67. Be it further enacted, That the Mayor and City Council 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 liquours or beer of any kind, shall not be less than twenty-five thousand ($25,000.00) dollars per annum, and Mayor and City Council may refuse altogether to issue license. Liquor licenses. SEC. 68. Be it further enacted, That the Mayor and City Council 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 Statesboro, and to punish any person or persons for violating the same. Storage of liquors, etc., prohibition of. SEC. 69. Be it further enacted, That the Mayor and City Council shall have power and authority to prevent stock from running at large, and to take up and impound

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any horse, cow, hog, goat, dog or other animal found at large within the corporate limits of said city; and to provide by the 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. Impounding of animals. SEC. 70. Be it further enacted, That the Mayor and City Council shall have the power and authority, at any time they may deem necessary, to appoint a park commission, and shall, by proper ordinance, prescribe the manner of election, term of office and salary of the same. Park Commission. SEC. 71. Be it further enacted, That the Mayor and City Council of said city, or the water and light commission, whenever such may be created, shall have the right to make contracts with persons, firms or corporations residing beyond the city limits to furnish them with light and water, or water or light, 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. Water and light contracts with non-residents of city. SEC. 72. Be it further enacted, That the said Mayor and City Council 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 qualification of the drivers thereof, the registration of said machines and all and every act and thing necessary or incident to the safety of the same and of the public. Speed regulations. SEC. 73. Be it further enacted, That said Mayor and City Council shall have full power and authority to issue bonds for the purpose of meeting and maturing outstanding

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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. Issuance of bonds. SEC. 74. Be it further enacted, That the Mayor and Council shall have the 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 shall be 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 Council; provided, the same is incombustible. And should any one erect or cause to be erected any building or structure other than as above described within said fire limits, the Mayor and Council, 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 and building regulations. SEC. 75. Be it further enacted by the authority aforesaid, That to carry into effect the powers conferred upon said Mayor and City Council by this Act or any future Acts of the Legislature of this State, and for the preservation of the peace, good order, temperance, morality, and general welfare of said city and the inhabitants thereof, the City Council shall have the power and authority to make and pass all needful by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State. Legislative powers. SEC. 76. Be it further enacted by the authority aforesaid, That no Mayor of said city nor member of City Council nor any other officer of said city shall, after the

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passage of this Act, shall be interested directly or indirectly, personally in any contract made by the city, or receive any profit or emolument for any purchase or sale of material or other article sold to the city, or paid for out of the public revenues of the city; and nepotism in any of the boards or officers of said city is expressly forbidden. Officers prohibited from contracting with city either directly or indirectly. SEC. 77. 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 in operation. SEC. 78. Be it further enacted by authority aforesaid, That the Act of the General Assembly approved December 6th, 1902, creating a new charter for the City of Statesboro, and the Act of the General Assembly approved August 13th, 1904, amending the charter for the City of Statesboro, except such part or parts thereof as may be in conflict with this Act, be and they are hereby continued in operation, confirmed and consolidated with and made a part of this Act. Consolidation of old and new charters. SEC. 79. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be and they are hereby repealed. Approved August 17, 1912. STONE MOUNTAIN, CITY OF, NEW CHARTER FOR No. 625. An Act to provide and establish a new charter for the town of Stone Mountain in the County of DeKalb; to change its corporate name to the City of Stone Mountain,

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and to extend and define its corporate limits; to provide a government for said city and to confer certain rights, powers and privileges on same: to continue and confirm certain powers heretofore granted to said corporation, and also its public school system, and the regulations and ordinances in force in said city as well as all obligations outstanding against it and in its favor; to authorize said city to issue bonds and other evidences of debt for public purposes and to provide for other matters of municipal regulations, concern and welfare and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the name of the municipal corporation heretofore existing in the County of DeKalb, said State, under the name of Stone Mountain, be and the same is hereby changed to the City of Stone Mountain, and said municipal corporation is hereby re-incorporated and made and continued as a body corporate and politic under said name of the City of Stone Mountain, without any break in the continuity of its existence, it being the same corporation under a new name; and under said name said city shall have perpetual succession and the right to contract and be contracted with; to sue and be sued; to plead and to be impleaded, and to have and use a common seal, to do such things as may be needful for the government, good order and welfare of said city, and its inhabitants, to exercise such rights, powers, functions, privileges and immunities as belong to municipal corporations generally under the law, as well as those hereinafter specially enumerated, and to do all other Acts and things relating to its corporate capacity; and also under said name to purchase, lease, receive, enjoy, possess, and retain for the use

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and benefit of said city any property, real or personal, of whatsoever kind or nature within the limits or without the limits of said City, for corporate purposes, and to hold all property and effects now belonging to said municipal corporation for the purposes and intents for which the same were granted or dedicated; and to use, manage, improve, sell, convey, rent or lease or otherwise deal with any and all property at present owned or which may be hereinafter required by said city. Stone Mountain, City of, new charter, corporate rights and powers. SEC. 2. Be it further enacted, That the corporate limits of said City shall be at one thousand yards in every direction from the center of Georgia Railroad depot proper as now located, said city and its territory being embraced in the circle thus traced by using one thousand yards as a radius and said center of said depot as a center. Corporate limits. SEC. 3. Be it further enacted, That the corporate limits of said city may be extended at any time, so as to take in adjacent and contiguous territory, in the following manner, to-wit: (1) Upon the petition of fifteen qualified voters residing in such adjacent territory and of forty-five qualified voters residing in the City of Stone Mountain, which petition shall particularly describe the limits and bounds of the territory sought to be annexed, with an accurate survey and plat thereof attached and shall ask for an election to be called on the subject, it shall be the duty of the Ordinary of DeKalb County, Georgia, to call and order an election by the persons residing within said territory thus sought to be annexed, who are qualified to vote for members of the General Assembly of the State, and who have been for thirty days immediately preceding said election bona fide residents of such territory, and also an election by the voters of the City of Stone Mountain

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who are qualified to vote under the laws of said city; a separate election for each electorate, but to be held on the same day. (2) Said Ordinary shall cause to be published in one or more of the newspapers published in the County of DeKalb, a notice of the election thus ordered, which notice shall describe the metes and bounds of the territory sought to be annexed, the time fixed for said election and where same shall be held and the same shall be published at least twenty-one days prior to the date of the election. The voters residing in said contiguous territory shall vote at a place in said territory sought to be annexed to be designated by the Ordinary and named and described in the advertisement calling for said election, and it shall be the duty of the Ordinary to designate a Justice of the Peace of the 1045th District, G. M., of said County and two Peace or Notary Public and ex-officio Justice of the freeholders residing within the limits of the territory thus sought to be annexed, or else three freeholders of said territory to Act as election managers and receive their ballots. Said managers shall take the same oath required of managers in County elections and said election by the voters of said outside territory shall be held under the usual rules governing ordinary county elections and at a place fixed in the advertisement and order calling the election. The election by the voters residing within the city limits shall be held at Council chamber of the city and under the usual rules governing elections in said city. (3) All persons voting at such election who are in favor of thus extending the corporate limits of the city, so as to take in said proposed territory within the city limits shall have written or printed on their ballots the words For Annexation, and those opposed, Against Annexation. The returns of such election shall be made to the Ordinary of said County and he shall declare the result thereof by

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order entered upon his minutes; and if the election by both bodies of electors, both the voters in the city and those in said adjacent outside territory, voting separately as aforesaid, results in favor of the annexation of said territory, that is, if a majority of the votes cast by qualified voters of the City shall be For Annexation, and a majority of the votes cast by those residing in such outside territory shall also be For Annexation, then the Ordinary shall declare that the election has resulted For Annexation, it being necessary that both electorates should vote concurrently in favor of such annexation; and in such event the Mayor and Councilmen of said city shall also by resolution declare that said territory has been incorporated into and as a part of said City and annexed thereto, and in said resolution such contiguous territory shall likewise be described by metes and bounds with a plat thereof attached; and thereupon said territory shall be included within the corporate limits of the city and shall at once become a part of the City of Stone Mountain. Said city shall pay the expenses of all such elections. All contests growing out of such election or elections, or concerning the same shall be before the Ordinary of the County and heard and determined by him as in other cases of contests under the general rules and laws governing such matters, and no such contest shall be allowed or heard by him unless begun within three days after the election, Sunday not to be counted. (4) Said territory so incorporated into the city shall, by resolution or ordinance of the Mayor and Councilmen of the City, be added to the ward or wards of said city respectively adjoining such annexed territory; or made into a new ward or wards, in their discretion. (5) The Mayor and Councilmen of said City shall have full power and authority to select, lay out and name such of the roads, streets and alleys in such annexed territory as they may see fit in

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their best discretion, to be adopted and known as public streets and alleys of the City of Stone Mountain; and said city shall not be liable on any account for any failure to keep in repair any of the roads, streets and alleys in said annexed territory unless same shall have been first selected, laid out and adopted as public streets and alleys as above provided. (6) Such elections for the annexation of contiguous territory may be held from time to time whenever the foregoing provisions are complied with, and different sections or territory may be annexed to the city from time to time in this way. Such adjacent territory when so annexed shall be for all purposes a part and parcel of the City of Stone Mountain and subject to all the laws, rules, regulations and ordinances governing the same. Corporate limits, how extended. Wards in annexed territory. Streets and roads in annexed territory. Elections for annexation from time to time. SEC. 4. Be it further enacted, That all corporate rights, powers and privileges now possessed by and all duties imposed by law upon said municipal corporation are hereby preserved unto said city under its new name of the City of Stone Mountain. All Acts and parts of Acts of the General Assembly of the State relating to said city, and all resolutions, regulations and ordinances heretofore adopted by the authorities of said city and in force therein at the time of the approval of this Act, and all parts of same, shall remain of force, save such of each as are [Illegible Text] conflict with the provisions of this Act. Such ordinances, regulations and resolutions may be hereafter amended by the Mayor and Councilmen of said city. [Illegible Text] property and property rights now held, owned or possessed by said city, and all obligations of every kind and character due to or by said municipal corporation shall remain unchanged and of full force. All pending suits or claims by or against said City are preserved intact and unaltered. The present Mayor and Councilmen and the present officers and employees

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of the city shall continue to discharge the duties of their respective officers and positions until their successors are elected and qualified or appointed, as the case may be, or until they are removed in accordance with the provisions of this charter or the ordinances of the city. Corporate rights, powers, etc., merged from old charter into new, where not conflicting. SEC. 5. Be it further enacted, That said City of Stone Mountain, until otherwise provided by ordinance, shall be divided into four wards, numbered one, two, three, and four, respectively, whose limits shall be as follows: The first ward bounded on the west by the Georgia Railroad; and the South by Mountain street; and on the north and east by the city limits. The second ward is bounded on the west by the Georgia Railroad; on the north by Mountain street; and on the south and east by the city limits. The third ward is bounded on the east by the Georgia Railroad; on the south by Decatur street, and on the north and west by the city limits. The fourth ward is bounded on the east by the Georgia railroad on the north by Decatur street, and on the south and west by the city limits. Wards. Wards defined. SEC. 6. 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 Councilmen and Aldermen, consisting of one Councilman from each ward of the city as now laid out or as may hereafter be constituted, including any new ward or wards that may be hereafter added, and two Aldermen to be elected from the city at large, said Mayor, Councilmen and Aldermen as a body shall be known as the City Council and they shall hold office as heretofore provided. Said Mayor, Councilmen and Aldermen shall be elected at the next annual election to be held on the first Wednesday in December, 1912. The term of the Mayor shall be for one year and

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of the members of said board shall be for two years, provided that at the first meeting of said Mayor and Council, and before organization in meeting assembled for the purpose of organization, they shall draw for terms, to-wit: Two Councilmen for two short terms each, to expire on the 31st, day of December 1913, and two Councilmen for full terms to expire on the 31st day of December 1914. One Alderman for short term, to expire on the 31st day of Dec. 1913, and one Alderman for the full term to expire on the 31st day of Dec. 1914, and as these expire, their successors shall be elected for the term of two years which shall begin on the 1st day of January, next succeeding their election. Each Councilman at the time of his election, must have been a resident of the City Ward from which he is so elected, for at least thirty days and of the city, six months; and said Alderman must have been a resident of said city at least six months prior to said election. Mayor, Aldermen and Councilmen shall be elected by the entire vote of the city. In the event that the office of said Mayor, or either of said Aldermen or Councilmen shall became vacant by death removal, resignation, or otherwise, the city Council shall by resolution, order an election to fill such vacancy and shall give at least five days notice thereof in one or more of the papers published in said county, 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, Aldermen and Councilmen, their election, duties and powers. Election of Mayor, etc. SEC. 7. Be it further enacted, That the Mayor and Councilmen of said City shall be citizens of the State of

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Georgia, who have been citizens of the City of Stone Mountain for at least six months next preceding the election and shall be qualified voters of said city and they shall each 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 Councilmen of said city or for any other officers of said city, subject to election by the people thereof or at any other municipal election held in said city; provided, such person has resided in the city at least six months before the election and is registered as required by the ordinances of said city. Eligibility for office of Mayor and Councilmen. SEC. 8. Be it further enacted, That the place of holding all municipal elections in said city shall be at the city hall, and the time of day for keeping open the election shall be from six o'clock a. m. to three o'clock p. m., central standard railroad time. The city Council may provide by ordinance for regulating and safeguarding all elections held in said City, and may adopt such provisions in reference thereto as are reasonable and not in conflict with this Act. Elections held in city hall. Polls open from 6 a. m. to 3 p. m. SEC. 9. Be it further enacted, That before entering upon the duties of their respective offices, the Mayor and Councilmen 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 Councilman, as the case may be), of the City of Stone Mountain and that I will, to the utmost of my skill and ability, endeavor to promote the interest and prosperity of said city and of all its people, during my continuance in office and without fear, favor or affection; and that I have not, in order to induce my nomination or

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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 Stone Mountain or in any of the departments thereof, and that I will not knowingly permit my vote in the election or appointment of any person to any position in the city government or in any department thereof to be influenced by any fear, favor or reward or the hope thereof, but that I will in discharging the duties of my office be governed alone by my convictions of what is for the public good, and without regard to the policial 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 employ 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 Councilman of the city, and any person who shall take said oath falsely, shall be guilty of false swearing and shall be punished as for a misdemeanor and subject to impeachment and removal from office. Oath of Mayor and Councilmen. SEC. 10. Be it further enacted, That beginning with the year 1913, neither the Mayor nor any member of the board of Councilmen shall be eligible to re-election to the same office after the expiration of a second term until after a period of two years shall have elapsed. Mayor and Councilmen not eligible for reelection. SEC. 11. Be it further enacted, That beginning with the first session of the City Council in the year 1913 and annually thereafter, said City Council shall fix the salaries of the Mayor and Councilmen, same not to be changed thereafter during their respective terms of office, and to be paid annually out of the general revenues of the city;

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provided, however, that the salary of the Mayor shall not exceed $100.00, and that of Councilmen shall be $1.00 for each meeting at which they are personally persent and participated in. No Councilman shall be entitled to pay for a meeting which he does not attend and participate in its deliberation; provided, further, that no Councilmen shall receive more than $25.00 per annum. Salaries of Mayor and Councilmen. SEC. 12. Be it further enacted, That there shall be elected annually by the Mayor and Council, a Mayor pro tem, clerk of Council, city treasurer, tax assessor or assessors and collector, city attorney, marshal or chief of police or both and such other officers and men as may be necessary to constitute the police force in the city, and also such other officers 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 [Illegible Text] is elected and qualified, unless removed for cause to be judged by the mayor and Councilmen. No two of said offices 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 Councilmen preceding every election, which shall not be increased or diminished during continuance in office. Said clerk's salary shall not exceed $70.00 per year and said treasurer's salary shall not exceed $30.00 per year. Their duties shall be prescribed by ordinance. On entering upon the discharge of their duties they shall each take and subscribe an oath to faithfully perform the duties of their respective offices, and they shall each enter into bond, with good security, payable to the City of Stone Mountain, in such amount as may be fixed by the City Council for the faithful performance of their duties. The Mayor may also appoint special policemen when, and in his judgment, such

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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 Councilmen 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 amendable to their discipline and the city Council shall have the power at any time to suspend, fine or remove any of said persons from the office or positions held by them respectively by a majority vote, (the Mayor voting) for any cause that may seem just or proper, after a fair opportunity to be heard. The Mayor and Councilmen shall also have power and authority by ordinance to establish a Board of Health for said City, and also such other boards as they may from time to time deem expedient, and place different department or branches of the government, functions, administration and work of the city under the charge, management and supervision of such boards respectively, and to define their powers and duties and to appoint the members of such boards and to prescribe their compensation and to adopt appropriate ordinances for the government and regulation of the same. The Mayor shall have the right to vote in the election of all officers and servants of the city who are elected by the City Council. Officers elected by Mayor and Councilmen, their duties and compensation. Oath of officers. Special policemen. Committees. Board of Health. Mayor may vote when. SEC. 13. Be it further enacted, That a majority of the Councilmen shall constitute a quorum for the transaction of business but in all cases a less number may adjourn from time to time, and may compel attendance of the absentees. Any Councilman shall have the right to call for the ayes and nays, and have the same recorded on the

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minutes in all cases. The Mayor shall have no vote, except in the election of officers of the city aforesaid and in case of a tie. He shall have the revision of all ordinances, orders and resolutions passed by the board of Councilmen, and the said Mayor shall have three days after the meeting at which the Councilmen vote in which to file with the clerk in writing, his dissent, but the Councilmen may pass the said ordinance, order or resolution, notwithstanding the veto, by a vote of two-thirds, to be taken by ayes and nays, and entered upon the minutes. Quorum. Laws, how passed. Veto power of Mayor. SEC. 14. 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, bylaws, resolutions and regulations of the city Council or of any Departments of the city are properly executed and enforced, and that all officers of the city shall properly perform their duites. He shall have special control of the police of the city and shall see that the peace and good order of the city are preserved and that persons and property therein are protected; and to this end he may cause the arrest and detention of all violators and disorderly persons in the city before issuing his warrant therefor. He shall in all things exercise a general supervision over the affairs of the city and shall make such recommendations to the City Council from time to time as may to him seem proper for the public good. He shall keep advised in reference to each of the departments of the city and the manner in which same is being operated. He shall see that each department is being honestly and efficienly 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

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interest and without reference to politics or political influence. He shall have power also to pardon persons who are convicted of offences against city ordinances and also to commute, suspend, vacate or reduce sentences imposed by the police court of the city. In case of the absence, disqualification or disability of the Mayor, the Mayor pro tem, shall discharge his functions, and if he, for the same reasons, cannot act, then another Councilman shall be selected by the board of Council to act temporarily. Mayor's duties and powers. SEC. 15. Be it further enacted, That said Mayor and Councilmen of said city shall hold regular meetings of the City Council at least once a month, the time of meeting to be fixed by ordinance for the consideration and transaction of such governmental, legislative, administrative, or corporative or municipal business or matters as may come before them; and they may also hold such special meetings from time to time as they may deem proper, such special meetings to be called by the Mayor, or Mayor pro tem, or upon the written requests of any two members of the board of Councilmen, written notice of such special meetings shall be given each of the said officers who are in the city at the time, and at such called or special meetings the Mayor and Councilmen shall have the right and power to transact any government or municipal business which they are legally authorized to transact at any regular or stated meeting. Meetings. Special meetings. SEC. 16. Be it further enacted, That said Mayor and Councilmen shall have the right and power, in the name and behalf of said city, to make such contracts and do such things as may be necessary or expedient for the peace, good order, health, safety, benefit and general welfare of said city and of the inhabitants thereof; and also to make

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such rules and regulations, and 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 of the inhabitants thereof. General welfare. SEC. 17. 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 pedestrains or vehicles over or across their several roads whenever or in such manner said Mayor and Council shall deem necessary; to place or repair such crossings, or to open or keep open any street in said town crossing them, and the Mayor and Council may pass any ordinance needful for carrying out the provisions of this Section. And in case any railroad or street railroad shall fail or refuse to make such crossings within fifteen days or to repair the same within twenty-four hours after having been notified to do so by said town the Mayor and Council shall have the power to create and make the same across the railroad or street railroad, or to repair the same at the expense of said railroad or street railroad, and may issue execution therefor, and levy and collect the same as in the case of tax executions. Repair of crossings by railroads and street railroads. SEC. 18. Be it further enacted, That the clerk of Council of the City of Stone Mountain, and in case of his absence or sickness, such person as shall be appointed by the Mayor or Mayor pro tem, for that purpose, shall open at the office of said clerk of Council at such place as shall be designated by the Mayor or Mayor pro tem, a book for the registration of the voters of said town entitled to vote for

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the Mayor and Council, said book of registration to be opened for thirty days prior to the election of Mayor and City Council and to be kept open twenty days and not less than one hour each day, Sundays excepted, when said book shall be finally closed, and it shall be the duty of the clerk or other person to enter at the top of the page on which said registration is to begin, the following oath: State of Georgia, County of DeKalb, City of Stone Mountain: I, the undersigned, do swear that I am twenty-one years old; that I am a citizen of the United States; that I have resided in this State twelve months last past; in the City of Stone Mountain for the last six months past. I do further swear that I have paid all legal taxes required of me by the State of Georgia and by the County of DeKalb, as well as all legal taxes required of me by said City of Stone Mountain. Be it further enacted, That all parties desiring to register shall subscribe their names under said affidavit and immediately after having signed same, shall hold up their hand and state that said affidavit is true, So help me God, and any person who shall fail to comply with any of the provisions of this Section, shall not be entitled to vote in said election as herein provided. Be it further enacted, That the said Mayor or City Council of said city shall have the power and authority to provide by ordinance for the registration of all voters prior to any special bond election or special election of any kind or character which is provided for under this Charter, and to make all needful rules and regulations governing the annual election of municipal officers, as well as special elections referred to herein and to fix suitable penalties for violation of said registration ordinance or parts of same. Registration of voters. SEC. 19. Be it further enacted, That said Mayor and Councilmen shall have power and authority to open, lay

Page 1390

out, widen, grade, straighten, vacate, close, abolish, curb, pave, drain, alter, or otherwise change and keep in good order and repair, renew and repave the streets, alleys, lanes, bridges, sidewalks, crossways, drains and gutters within the limits of said City, and to improve and light the same and keep them free from obstructions for the use of the public or of any of the citizens of said city; to regulate the width of sidewalks and other streets; to compel the owners or lessees of property to pave, repair, renew, and repave the streets and put down, repair and renew curbing and sidewalks along the same under the direction of the proper officers or committee of said city; and said city and the Mayor and Councilmen thereof are hereby expressly authorized and empowered to drain, grade, pave, macadamize repair, renew and repave and improve the public streets, alleys and lanes and sidewalks of said city, and to put down, repair and renew curbing, side drains, cross drains, crossings and other improvements thereon; and to charge, assess and collect the expense and cost thereof, etc., by execution to be issued and signed by the clerk of the Council. Likewise, said Mayor and Councilmen may cause the owners and occupants of property abutting on the public streets of the city to put out suitable shade trees along the streets and sidewalks in front of their property; and in the event such persons fail or refuse to put out such shade trees within ten days after being notified to do so, said Mayor and Councilmen, through its appropriate committee or officer may set out shade trees of a suitable variety along the public streets and sidewalks of the city in front of said property, and charge and assess the expense of same against such real estate in front of which said trees are so set out and against the owner or owners thereof, and in the event the bills for said trees and expenses of setting them out are not promptly paid,

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executions may be issued against the real estate so assessed and against the owner thereof, and levied and collected in the same manner as provided in the first part of this Section as to improvements, etc., therein designated. Authority of Council over streets, etc. SEC. 20. Be it further enacted, That said Mayor and Councilmen shall have full power also to protect places of worship; to provide cemeteries and places for the burial of the dead, whether within or without the city limits and to regulate interments therein, and to provide by ordinance for the protection and care of such cemeteries and burial places and to fix penalties; 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 the keeping of gun powder, dynamite, gasoline, benzine and other combustibles; to regulate the sale of ice and milk, and to provide for the inspection of same; to regulate or prohibit the shooting or explosion of fireworks; to make regulations for guarding against fires; to provide for fire escapes in all buildings three or more stories in height; to establish fire limits and prescribe the material out of which buildings shall be constructed therein, by ordinance, and from time to time to enlarge and restrict the same, and to provide penalties for violating the provisions of such fire limit ordinances to regulate or prohibit the running at large within the limits of said city of horses, mules, cows, goats, sheep, cattle, hogs or other animals, and to take up and impound the same; and to regulate and control the keeping of dogs within the city and to provide for a tax on dogs and for taking up and impounding them, to prohibit disorderly and bawdy houses; and to adopt all other regulations and ordinances necessary or expedient for providing for the public safety, welfare, health and morals of the city and its inhabitants. Powers of Mayor and Councilmen.

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SEC. 21. Be it further enacted, That the City of Stone Mountain is hereby granted the power of eminent domain, and the Mayor and Councilmen are hereby authorized and empowered to condemn lands within or without its corporate limits for the erection of public buildings for said city for public parks, water supply, sewers, crematories, farms for handling and disposing of sewerage, and for other public purposes and improvements, as provided by the Act of the General Assembly providing a uniform method of exercising the right of condemning, taking or damaging private property, approved December 18th, 1894, as found in Section of the Code of Georgia of 1911 and any Acts of the Legislature amendatory thereof; and they are also authorized similarly to take and condemn personal property in the same manner when needed for public purposes of the city. Condemnation, right of SEC. 22. Be it further enacted, That said Mayor and Councilmen of said City of Stone Mountain shall have the right and authority to construct, own, use and operate for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of waterworks, a system of electric lights, a system of gas works, a system of street railway, a telephone system and exchange, and other public utilitiesany one, more, or all as, and whenever they may consider it expedient; to make rules and regulations regarding the use of the same, and fixing prices and rates; and to provide by ordinance for the punishment of those who illegally use water electricity gas, as service for such public works, or who illegally divert such gas, water, or electricity from their proper channels of transmission. When consumers of such water, electricity, or gas, so furnished by the city, shall fail to pay for same promptly, when due, said Mayor and Councilmen hereby

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are authorized to cause executions to be issued in favor of said city against delinquent consumers for the amount of such unpaid bills, which shall be enforced and levied as in case of other executions running in favor of the city, and also to cut off the supply 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 of a reasonable fee for turning same on again. Authority to construct, own, use and operate public utilities. SEC. 23. Be it further enacted, That said Mayor and Councilmen shall have authority and control over all street railroads, electric light and power plants, gas plants, ice plants and factories and wagons and dealers in ice, and telephone lines and exchanges and other public utilities doing business in said city, and over the persons, firms and corporations owning, leasing or operating the same within the limits of said city, and to regulate the business conducted by said public utilities and ice factories and dealers in ice and the operation of same, and also to fix the rates and charges for such public service and ice; provided, such rates so fixed shall be reasonable. Control over public utilities. SEC. 24. Be it further enacted, That the Mayor and Councilmen or the appropriate department or office 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 Stone Mountain, 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. Meters. SEC. 25. Be it further enacted, That said Mayor and Councilmen are hereby authorized, in their discretion, to

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make appropriations and payments from the general funds of the city for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the city may be used free for such purposes; and also to make appropriations and payments from the general funds of the city for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises 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. Entertainment, publicity, charity, etc. SEC. 26. Be it further enacted, That the public school system of said city and the powers in reference thereto, and the provisions for raising revenue for the maintenance of the same, and the Act of the General Assembly establishing a system of public schools for the City of Stone Mountain, and all city regulations and ordinances in reference to said public school system (which regulations 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. Public school system. SEC. 27. Be it further enacted, That said Mayor and Councilmen 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 building and equipping public school buildings; to conduct and maintain

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and operate a waterworks and sewerage and drainage systems for said city, and laying water mains and sewers; paving, macadamizing repairing, repaving and improving the public streets, highways, and lanes and alleys and crossings of the city; building and installing one or more crematories within or without the city; constructing and installing and improving or extending an electric light and power plant, or a gas plant, either or both, for the purpose of furnishing said city and its inhabitants with light and power; and also a street railway system; and also for providing said city with any other public utility that the city Council may consider desirable or expedient; and further for the purpose of building a city hall, a public auditorium, an armory and any other public buildings and works and making any other public improvements that may be needed for the city; and for any and all other governmental, municipal and public purposes. Before any bonds of said city shall be issued for any of the foregoing purposes, said Mayor and Council 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 are to bear, how much principal and interest to be paid annually, when to be fully paid off, the place of payment, and other terms and details thereof (all of which provisions said city Council shall have the right to fix and determine according to their best discretion); and shall also in said ordinance or resolution call and provide for the holding of an election on the subject and for published notice thereof as provided by the Constitution and laws of the State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before stated purposes, as deemed expedient by said city Council; provided, always, that the limit of the total

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bonded indebtedness of said city, as fixed by the Constitution of the State, shall never be exceeded. Should two-thirds of the qualified voters of the city vote in favor of issuing bonds at any election called by such City Council, as hereinbefore rovided, then and in such event said City Council shall at and before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all the property in said city subject to taxation, sufficient in amount to pay the principal and interest of such bonds. Any and all of the bonds and series of bonds issued by the city under the provisions of this charter shall become obligatory and binding upon said city and its tax payers, with all the qualities of commercial paper; and all bonds heretofore issued by said municipal corporation shall likewise be binding upon the City of Stone Mountain. Said city Council is hereby authorized to negotiate and sell any of the 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. Power to issue bonds. Election for bonds. Assessments to pay interest on bonds and to retire bonds. SEC. 28. Be it further enacted, That when ever any bonds are issued by the city, it shall be the duty of the Mayor and Councilmen to provide a sinking fund to pay off the principal of such bonds or series of bonds at their maturity. The Mayor and Councilmen of said city are hereby required and empowered, for the purpose of paying the principal and interest (either or both) of the bonded debt already created or that may hereafter be created by the City of Stone Mountain 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

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the Sinking fund commission of the City of Stone Mountain, and to provide for the number of persons who shall compose said commission and for their election or appointment, their qualification, terms of office, compensation (if any), duties and powers, and to make all needful rules and regulations for the government of said commission and the management of said sinking fund. Sinking fund. SEC. 29. Be it further enacted, That it shall be the duty of the city Council, or of the appropriate committee or board or department having same in charge, should a system of waterworks be installed in said city, to see that a full supply of fresh pure water is furnished to the citizens of the city, and that the water supply is adequate for fire protection; to adopt such rules and regulations as may be necessary for the maintenance and government of said waterworks system; to lay out, construct, repair, or alter water mains and pipes as may be necessary; to provide proper pumps, pumping stations, reservoirs, filters, etc., as may be required; to fix the water rates for different consumers, properly classifying the same with reference to the amount of water consumed, so that each class may be treated alike; to make regulations governing the use and supply of water and to provide for the protection of the waterworks system and of the mains and pipes, and of the water supply; and similarly, in the event said city installs and operates an electric light and power plant, or gas plant either or both, it shall be the duty of said City Council, or its appropriate committee or board or department having same in charge, to see that abundant lights shall be supplied to the city and its inhabitants for the purpose of adequately lighting the streets and public places of the city and furnishing lights to the halls, theaters, stores, residences and other consumers in said city, to adopt such

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rules and regulations as may be necessary for the maintenance and government of such system; to fix the rates for different consumers, properly classifying the same with reference to the amount consumed so that each class shall be treated alike; to regulate the installation of wires and other appliances for the use of the electric current in any form and to regulate the piping of houses for gas and transmission of gas in the city; to see that all electric wires are properly installed, insulated and properly protected so as to safeguard the lives and the property of the public; to make such other regulations governing such electric and gas systems, and the transmission of gas and of the electric current as may be proper and expedient. Water supplying. Lighting SEC. 30. Be it further enacted, That it shall be the duty of the City Council, or of the appropriate committee or board or department having same in charge, should a waterworks system be installed in said city, to see that the drainage and sewerage systems of the city are adequate and sufficient, and that the sewerage systems of the city be extended as rapidly as possible so as to cover all parts of the city; to provide proper regulations for making connections with the sewers and for flushing same, and to make it compulsory upon people of the city where sewers are constructed to connect with such sewers; and to provide for the protection, operation and extension of the sewer system of the city; to see that the streets, lanes, alleys, and public places of the city and the premises of the citizens thereof are kept clean; to provide for the removal of garbage, nightsoil and other refuse, and for the operation of creamatories (should same be installed), and for keeping the city in perfectly sanitary condition in all respects; and to provide adequate penalties for the violation of any of the sanitary rules and regulations of the city; also to cause

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the owners of lots and parcels of land in said city to drain the same or to fill same to the level of the streets or lands upon which they front, and to drain any pool of water therefrom; also to compel the owner or owners of cellars or dry wells holding water to drain and fill up the same, and in case the owner or owners of such lots of land or cellars or unused wells shall fail or refuse to drain or fill same, it shall be lawful for the city Council to cause same to be done, and to cause an execution to be issued against the owner of said property and against said property for the expense thereof; also to appoint a sanitary inspector or inspectors who shall perform such duties and be clothed with such powers as may be prescribed by the City Council, in order that the city may be kept in a sanitary condition, and that the sanitary regulations may be properly enforced; and said city may provide by ordinance for appropriate penalties for the punishment of any persons, firms or corporations who shall violate any of the sanitary rules and regulations of the city. Sewerage and drainage. SEC. 31. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to provide quarantine regulations and to establish a quarantine against any place, person or district in order to guard against the introduction of any contagious or infectious diseases; to provide that all persons coming into or passing through the city shall show a proper health certificate; to enforce all quarantine regulations by sufficient penalties; also to provide for the frequent and compulsory vaccination of all persons in said city, to provide that school children shall be successfully vaccinated before being allowed to enter the public schools of said city, and to provide and enforce suitable and adequate penalties against any and all persons who shall refuse to submit to vaccination in

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accordance with the rules and regulations governing the matter. They shall have authority to provide for the isolation of those effected with or exposed to contagious 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 regulations. SEC. 32. Be it further enacted, That said Mayor and Councilmen shall have full power to levy and collect an annual ad valorem tax, not to exceed one-half of one per cent. on all the property, real and personal, within the corporate limits of said city as now or hereafter laid out, which is taxable under the laws of the State, for the purpose of supporting and maintaining and bearing the general expenses of said city government, and an additional per cent. sufficient in amount as assessed by the Mayor and Councilmen of the city on all said property for paying the principal and interest of the public debt should one be incurred and in addition thereto, they shall have power and authority to levy and collect an annual ad valorem tax upon the value of all real and personal property in said city for public school purposes as now authorized by the Act of General Assembly of the State of Georgia providing for the establishment of a system of public schools for Stone Mountain, said taxes to be all added together and collected at the same time; and an additional extraordinary tax not to exceed one-eighth 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 or infectious diseases, including quarantine and sanitary purposes, and to be collected and used for no other purposes whenever, in the judgment of the Mayor and Councilmen

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the necessities of the city shall require. Said taxes shall become a lien upon all property subject to taxation in said city, as owned on February 1st of each year, and shall become due and collectible as may be fixed by ordinance. Executions shall issue for all taxes unpaid on the 15th day of December in each year, or the first business day thereafter in the event same falls upon Sunday, and shall be enforced by levy and collection as heretofore provided. Tax books shall be opened for reception of tax returns by the first day of February of each year and closed on the 15th day of April following. Ad valorem tax. School tax. Tax for special purposes. Lien of taxes. SEC. 33. Be it further enacted, That the Mayor and Councilmen shall prescribe by ordinance the time and manner in which and the officer or officers to whom all property, occupations, trades, callings, businesses, etc., shall be returned for taxation by the taxpayers and inhabitants of said city; and it shall be the power and duty of the assessor or assessors to value the real estate of said city for taxation, and to scrutinize carefully each return of property, real or personal by any tax payer in the said city and if in his or their judgment they shall find the property embraced in the return, or any portion of it returned below its value, said assessor or assessors shall assess the value thereof within fifteen days, or such other time as may be prescribed by said Mayor and Councilmen. Whenever the assessor or assessors shall raise the valuation at which the tax payer has returned his property, said assessor or assessors shall give him written notice of their assessment, and it shall be the tax payers privilege, if dissatisfied with the assessment, to appeal to the Mayor and Councilmen under such rules and regulations as they may prescribe. Tax returns and assessments. SEC. 34. Be it further enacted, That said Mayor and

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Councilmen shall also have 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 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; also barber shops, plumbers, butcher shops, livery stables, slaughter houses, butcher pens, blacksmith shops, saw mills grist mills, steam gins and any manufactories or establishments producing offensive odors or unusual noises or large quantities of smoke also auctioneers, peddlers, and pawnbrokers, and all other classes or kinds of business within the police power of the city, and to fix the amount of licenses therefor and collect same. That the Mayor and Council shall have authority in addition to the ad valorem tax herein provided for, to levy a special tax on all billard tables, tin pin alleys, nine pin alleys, boxball alleys and tables and alleys of any other kind used for the purpose of playing on with balls or pins, and on any and all other contrivances of every sort used for the purpose of gaming of not less than the sum of $50.00, nor to exceed $200.00 for each year on each of said tables, alleys or games. And also said Mayor and Councilmen 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

Page 1403

of business 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. Licenses and regulations. License tax. Specific or occupation taxes. SEC. 35. Be it further enacted, That said Mayor and Councilmen shall have power and authority, by ordinance, to classify and provide for registering the various occupations, trades, callings, and kinds of business that are carried on in said city, and to fix the specific or license tax on same, and the time or times when such tax or license shall be payable and shall provide penalties for engaging in same without first registering and paying the tax, and shall also have the power to enforce the collection of same by execution. Classification of occupations, trades, callings, etc. SEC. 36. Be it further enacted, That all executions issued against persons, firms or corporations failing to pay the general and specific or occupation tax, assessments, liens or other charges accruing against such persons, firms or corporations, respectively, or their property for which executions may be issued under the provisions of the charter of this city, or of the ordinances thereof, shall be signed and issued by the clerk of the city Council, shall bear test in the name of the Mayor of said city, and shall be directed to and enforced and levied by the marshal of said city, who, after levying the same upon the property of the defendant in fi. fa., or the property against which it is issued, shall, if the property levied on be personal property, advertise the sale by posting notices thereof in three or more public places in said city for ten days before the day

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of sale; and if the property be real estate he shall advertise the same once a week for four weeks in the public Gazette wherein the Sheriffs' sales of DeKalb County are advertised, before selling the same, and all sales under execution shall be sold before the door of the city hall of the said city. Sales shall be made under the rules and laws governing Sheriff's sales. When personal property is sold, the Marshal shall deliver possession thereof at once to the purchaser and a bill of sale if he shall so desire. When real estate is sold, the marshal shall make to the purchaser a deed, and upon application of the purchaser or his agent shall put such purchaser or agent in possession of the real estate sold; provided, said marshal shall not be authorized to turn out any person other than the defendant in fi. fa., his heirs, tenants or assigns. The clerk shall be entitled to 50 cents for each fi. fa., issued and the marshal shall be entitled to the same fees for levying as are now allowed by law to lawful Constables in this State, and to the same fees for selling as are allowed to Sheriffs' in this State; provided, however, that the fees of all said officers, as well as of other officers of the City of Stone Mountain, who are now or who may hereafter be authorized to charge fees for services pertaining to their offices, may be changed by ordinance of the City Council. Executions and their enforcement. SEC. 37. Be it further enacted, That the marshal or collecting officer of the City of Stone Mountain shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee with the same right 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

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of street, sewer and other assessment, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property where sold under tax fi. fa., as the same now exists, or as may from time to time be provided by law. Transfer of fi. fas. SEC. 38. So long as the State continues to license so called locker clubs, the Mayor and Council of said city shall have power to require an additional license tax of such clubs of two thousand dollars each and may by ordinance make such regulations as they deem necessary as to the manner in which such club shall be conducted, and punish violations thereof by fine of not more than 500 dollars or work upon the public works not more than 90 days. But this authority shall never be construed to authorize any sale of alcoholic liquor by said clubs or any person, or any other violation of the laws of the State against selling alcholic liquor. License tax for locker clubs. Said Mayor and General Council are further authorized to provide, by ordinance, that such social, locker or similar clubs shall first petition for a permit to establish and maintain same and such ordinance may prescribe the information to be given by said petition and such Mayor and General Council on consideration of such petition shall be authorized to grant or refuse same, in their discretion, or to revoke such permits, in their discretion, and their action in the premises shall be final and not the subject of review, and if such clubs are operated without securing such permits, or after same has been revoked, the efficers and agents thereof, and all others participating in such operation, may be punished as provided in preceding paragraph of this Section. Permits for social, locker or similar clubs.

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SEC. 39. Be it further enacted, That whenever any execution issued by the proper authority of said city for taxes licenses, assessments, fines, forfeitures, or any other charge or demand due said city, shall be levied upon any property, the defendant in fi. fa. shall have the right to file an affidavit denying that the whole or any part of said execution is due and the reason why same is not due, and stating what amount is admitted to be due (which amount so admitted shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance) with bond and security for the forthcoming of the property levied on, if same is personal property; and said affidavit if presented shall be returned to the Superior Court of DeKalb County and there tried and the issue determined as in cases of other affidavits of illegality returnable to said Court, subject to all the pains and penalties provided for in cases of illegality for delay. Such affidavits of illegality and the procedures in reference thereto being governed by the rules and laws governing such matters in the Superior Court of the State. Illegalities. SEC. 40. 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 two dollars and fifty cents, as the Mayor and Councilmen may determine, should any person liable to work the streets of the city under this Section fail or refuse so to do, or to pay his street tas 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 Councilmen by ordinance may require, such person may be sentenced by the Mayor to work upon the streets of the said city for and during the term of not exceeding fifteen days,

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under the direction and control of the proper officer, or be confined in the guard house for a term not exceeding ten days, in the discretion of the Mayor. Thirty days continuous residence in the corporate limits of said city shall be sufficient to constitute a person a resident of said city so as to subject him to liability to do street work. Street duty or commutation tax. SEC. 41. Be it further enacted, That all bids for contracts for labor or materials to be furnished said city, or for work to be done in the interest of said city, which shall exceed the sum of five hundred ($500.00) in amount shall be advertised by the city department in which said work, labor or materials properly belong, in a daily newspaper published in the county of DeKalb, once a week for not less than two weeks and said contracts shall be awarded to the lowest and best bidder (unless all bids are rejected) after having been first approved by a majority vote of the city Council. Contracts involving five hundred dollars ($500) or less, shall be made by the Mayor and Council. 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 effectively or economically. Letting of contracts. SEC. 42. Be it further enacted, That a police court is hereby created and established in said city, and the same is hereby cloathed with all such powers as are inherent in courts generally and as usually belong to municipal and corporation courts, as well as those hereinafter more particularly set forth. Said police court shall be held and conducted in such manner and at such place and such times as the city Council shall prescribe by ordinance, or as may be necessitated by the emergencies of the case. Said police court shall have jurisdiction to try and determine all offences

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against the laws and ordinances of the city committed within the jurisdictional limits of the city, and upon conviction to punish the offenders for the violation of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in persuance thereof; also to forfeit all appearance bonds and recognizances returnable to said court and to hear, try and determine all issues made therein and to render judgment on the same; and to also 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 the case of a vacancy in his office, the Mayor pro tem, or in his absence, disqualification or disability, any member of the board of Councilmen shall preside as such 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 offences committed within the jurisdiction of the City of Stone Mountain for police purposes, against the penal laws of the State, this either before or after the hearing or trial of the charge in said police court, and consequently where, in the course of an investigation of a matter in said police court, it shall appear that the penal laws of the State have been violated it shall be the duty of the Mayor or acting police court judge to bind over the offender to the proper court having jurisdiction of such matters in said County of DeKalb; and to that end said Mayor or other presiding police shall have the power and authority to commit such offender or offenders to the county jail of said county, or admit them to

Page 1409

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. (3) The Mayor or other presiding judge of said police court shall have the power to impose fines and inflict punishments after conviction upon all violators of the laws and ordinances of said city by fine not to exceed one hundred dollars, or by labor on the streets or public works of said city under the control and direction of the proper officers, not to exceed ninety days, or by confinement in the guard house not to exceed sixty days, either one or more or all, in the discretion of the Mayor or other police court judge trying the case, and all sentences may be in the alternative and fines may be imposed with the alternative of either or both of the other punishments in the event the fines are not paid. Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said police court, the same may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the Mayor and Councilmen of said city. (4) Said Mayor or other police court judge when sitting or proceeding in such police court, shall have authority to punish for contempt by fine not to exceed $20.00, or confinement in the guard house not to exceed twenty days, either or both in his discretion. (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 offence against the municipal ordinances of laws in force within the jurisdictional limits of the city and a brief and clear statement of the offence with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition made of the case shall

Page 1410

be entered in writing opposite the name and charge by the Mayor or other presiding judge of said court, which respective entries signed by the Mayor or other presiding police court in such cases. (6) Said police court shall have power to compel the attendance of persons charged with the violations of any of the city ordinances or laws of the city, by summons, which summons shall be issued by the clerk of Council or marshal and bear test in the name of the Mayor, and shall set forth the nature of the charge or case, and the time set for trial or hearing, and shall be served upon the defendant by any officer or member of the police force. Likewise said court shall have power to compel the attendance of witnesses in all proceedings by issuing subpoenas which shall be similarly tested, issued and served. (7) Said police court shall have the power to punish any person disobeying such summons or subpoenas as for contempt. Any person who may be charged with contempt may be arrested by attachment in writing or warrant signed by the Mayor or other police court judge, which said attachment or warrant shall be executed by the marshal or any member of the police force. (8.) The cases before said court shall be tried as speedily as possible, with due regards to the rights of the accused and of the city, continuances may be granted by the court upon proper showing made, in accordance with the rules governing such matters in the Superior Courts of the said State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge. (9) When any person who is charged with an offense against the laws or ordinances of the city, or who is arrested for such offense, shall give bond for his or her appearance at any session of police court, and if such person shall fail to appear at the time appointed in said bond, then and in such event said bond shall be forfeited and the amount of same collected

Page 1411

from the principal and sureties thereon in a manner to be provided for by ordinance of the city. And said Mayor and Councilmen 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 full power and authority to forfeit said appearance bonds and grant judgments upon the same for the amounts thereof, in the same way that Superior courts grant such judgments. On the entering of such judgment, the clerk of the city Council shall issue an execution against the principal and surety or surities on such bonds in conformity with such judgment, and in the form and manner prescribed for executions, issued by the city for taxes, which executions shall be placed in the hands of the city marshal who shall proceed to enforce and collect the same as tax executions of the city are enforced and collected. (10) In any case where any person charged with an offense against the ordinances of the city, or arrested for such offenses, has deposited a sum of money for his appearance in said police court, and similarly where some other party has deposited a sum of money for the appearance of such person in said police court, then and in the event such person does not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instantly by the judgment of the Mayor or police court entered upon the police court docket, and shall be paid over to the city treasurer as the property of said City of Stone Mountain. (11.) Said Mayor and Councilmen 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

Page 1412

prosecution of said cases, same to be added to the amount of the fines that 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, the marshal of the city, or such police officer as he may deputize, shall be the clerk and marshal respectively of said court and shall serve same in such capacity, and their duties and fees or costs shall be such as usually appertain to such officers in courts and as may be fixed by ordinance, and they shall be entitled to receive such fees or costs for their services, in said court when same are collected along with the fines, as above provided, but not otherwise. They shall not be entitled to any payments on account of solvent costs. (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, its powers and jurisdiction. Presiding officers of Police Court. Warrants and commitments. Appearance bonds. Punishment of offenders. Executions for fines or costs. Contempt. Dockets. Subpoenas. Contempt, attachments. Continuances. Forfeiture of bonds. Cash bond, forfeiture of. Costs, collection of. Certiorari. SEC. 43. Be it further enacted, That said Mayor and Councilmen 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 to 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 Councilmen may direct; and all 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

Page 1413

or public works in or around said city, as provided by such sentence. Chaingang. SEC. 44. Be it further enacted, That said Mayor and Councilmen shall have the power and authority to erect and maintain a city guard house, and to establish and provide regulations therefor, in which shall be confined for punishment, when necessary, persons sentenced by the police court for violating any of the laws or ordinances of the city, as well as for the safe detention until trial of all persons who have violated any of the laws or ordinances of the city, and also for the safe detention of all disorderly persons and persons committing or attempting to commit crime, and the city marshal or chief of police, or any policeman of the city shall have the right to take up all disorderly persons, and all persons committing or attempting to commit any crime or violation of the laws or ordinances of the city, and confine them in the guard-house to await their trial. City prison. SEC. 45. Be it further enacted, That upon complaint being filed with the Mayor or in his absence or disability to act, the Mayor, pro tem. by affidavit, or in such other manner as may appear to him sufficient, that any person has violated any municipal ordinance or law of the city, said Mayor or Mayor pro tem. shall have the power to sign and issue a warrant for the arrest of said offender, which warrant shall be directed to the marshal or any member of the police force of the city, and may be executed by said marshal or any member of the police force of the city or the marshal or any watchman of the city or any other person authorized and empowered to make arrests by the ordinances of the city. Arrest, however, may be made by any of the officers or persons who are thereunto duly authorized as aforesaid, without a warrant if the

Page 1414

offence is committed in the presence of the arresting officer, or if the defendant is endeavoring to escape, or if for any other cause there is likely to be a failure of justice for want of an officer to issue a warrant. Arrests, by said city officers may likewise be made in the one thousand yard zone lying outside of the city limits as now defined, or as may hereafter be constituted, as provided for in a previous Section of this Act, and likewise the officers of the city may follow violators of the laws and ordinances of the city, and who are endeavoring to escape and arrest them in such flight wherever they may be found in the State. Warrent and arrests SEC. 46. Be it further enacted, That it shall be the duty of the marshal, by himself or through the force under him and at his command, at all times, day and night, to preserve the public peace, good order and tranquility of the city and its inhabitants, to prevent the commission of crime and to arrest offenders, to protect the rights of persons and property to provide proper police force, and protection at fires; to protect strangers and travelers at railway stations; to suppress riots and insurrections; to disperse unlawful and dangerous assemblages and assemblages which obstruct the free passage of public streets, sidewalks, parks and other places; to preserve order at elections and at all public meetings and assemblages; to regulate movements of teams and vehicles in the streets, and to prevent the violation of 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 marshal, and

Page 1415

the police force of the city; and may clothe watchmen at private plants or factories, and also railroads, watchmen with police powers. Police protection. SEC. 47. Be it further enacted, That said Mayor and Councilmen shall have authority to organize a fire department and maintain and operate same by said city under such rules, regulations and ordinances as the Mayor and Councilmen may prescribe. It shall consist of a chief and sufficient number of men, and they shall receive such salaries and be employed at the pleasure of the city Council. The chief shall be the executive head of the department, and shall be responsible for good order and efficiency of the same, and shall make such reports to the city Council of the condition of the department as may be required. Fire department. SEC. 48. Be it further enacted, That said Mayor and Councilmen shall not grant any public franchises to any person, firm or corporation without reserving in said grant the right to tax said franchise, and the right to pass and adopt from time to time such ordinances and regulations, regulating and governing the exercise of such franchises as may be deemed expedient or necessary; and no franchise shall be granted for a period longer than fifty years., Franchises. SEC. 49. Be it further enacted, That said Mayor and Councilmen of said city of Stone Mountain shall never at any time have the right or power to sell,, lease or permit any encroachments on any of the parks or public squares in said City of Stone Mountain 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, sale of, etc. SEC. 50. Be it further enacted, That it shall be within the power of the city board or department especially affected,

Page 1416

or of the city Council to compel any and all public service corporations operating or doing business in said city to remove and replace and readjust at their own expense all tracks, poles, conduits, wires and other appurtenances and structures used by them, in the prosecution of their business functions, whenever the same may in the discretion of such departments, or said city Council, be necessary to carry out any ordinance or plan of the municipal government of the city of Stone Mountain or to the best interest of the city and its inhabitants. Public service corporations. SEC. 51. Be it further enacted, That all property in said city which is required by the laws and ordinances of the city to be returned for taxation, shall be double taxed, if not returned before April 15th of each year; provided, however, that the tax assessors or other city Council shall have power in their discretion to relieve from said double tax for good cause shown. Double tax, when. SEC. 52. Be it further enacted, That it shall not be lawful for the Mayor or any Councilman or any officer under said city to be interested, either directly or indirectly in any contract with the City of Stone Mountain, having for its object the improvement of the city or any part thereof or the expenditures 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 of said city or any department thereof, nor shall either of such persons be capable of holding or having any interest in any such contracts or in the profits thereof, either by himself or by another directly or indirectly. Any of the above stated persons who shall violate any of the provisions of this Section shall be subject to impeachment

Page 1417

as hereinbefore provided, and said contracts shall be void; and upon being convicted and removed from office by said impeachment proceedings as provided in this charter, such person shall not be qualified to hold office or position with or in the government of said city or any department thereof for the term of ten years, thereafter. Contracts with city officers shall not be interested in. Impeachment for violation of this section. SEC. 53. Be it further enacted, That the Mayor, Councilmen, department officers, and other officers of said city, whether serving with or without compensation, where they are elected or appointed for a fixed term of office, shall, for violation of their respective oaths of office, or for any violation of the criminal laws of the State, including the misuse or failure to pay over public funds or property, or wilful neglect or failure (except in providential causes) to perform the duties of his office, or such private misconduct as renders his office a subject or reproach to the public, or makes him unfit to discharge the duties of his office and prevents the true performance thereof, shall be subject to impeachment. This remedy by impeachment shall not take away the right and duty of removal of such offending 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 impeachments prepared as above specified, the city attorney shall prosecute in the name of the city. The city Council of said city shall have the sole right to try all impeachments, and when sitting for that purpose they shall be under same oath or affirmation taken by jurors in the trial of criminal cases in the Superior Courts of the State. When the Mayor is tried, a Judge of the Superior Court shall preside, neither the

Page 1418

Mayor nor any Councilmen shall be allowed to sit or vote on the trial of his own case (if he is on trial) and no person shall be convicted without the concurrence of two-thirds of the members present, the Mayor voting except when he is on trial. Judgment, in case of impeachment, shall extend no further than removal from office and disqualification to hold any office of honor, trust, or profit, under this charter, but the party convicted shall, nevertheless also be liable and subject to indictment, trial and punishment, according to law in the courts of the State having jurisdiction of such matters. Employees and officers who are employed at the pleasure of the city Council, or any board or officer of the city, may be dropped at the pleasure of the appointing power. Impeachment of officers. SEC. 54. Be it further enacted, That said Mayor and Councilmen shall also have the right and power: (1) To provide for the inspection of all buildings in said city for the purpose of having same meet the proper requirements relative to the material used and safety of the same, as the city Council may from time to time prescribe by ordinance; to appoint a building inspector and prescribe his powers and duties; and to provide that no building shall be erected in said city, without first securing a permit from such inspector. (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 of same; also to regulate the speed and the running of trains, street cars, automobiles, auto-buggies and other vehicles in said city. (3) To establish one or more markets, should they deem such action expedient, and regulate the same, fix the hours of sale therein, prevent the sale of marketable

Page 1419

commodities elsewhere in the city, and pass all ordinances, rules and regulations necessary and proper in order to control marketing within the city. Building inspection. Regulation of vehicles used for hire. Markets. SEC. 55. Be it further enacted, That whenever any street railroad tracks are laid in said city on a street which has already been paved or permanently improved, said Mayor and Councilmen may require such contribution or payment from said street railroad company or its owners at the time of laying such tracks on account of the paving or improvement of such street, as the said city Council may deem proper, said city may enforce the collection of such amount by execution, and may require payment of same before consent is granted to lay such tracks, and may grant consent conditioned on such payment thereafter. Such street railroad and its owners shall also be liable for its pro rata of the cost of repaving said street when the same is done according to law. Street railroad tracks, laying of on paved streets. SEC. 56. Be it further enacted, That the Mayor and Councilmen of said City are hereby authorized, whenever they shall deem same expedient in their discretion, to make an assessment on the various lots and lot owners in said city for sanitary purposes, not to exceed three dollars per annum on each lot so assessed; and they are hereby authorized and empowered to collect the same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of assessment; the execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said city, and the amount so collected shall be used for sanitary purposes only. Said Mayor and Councilmen shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment;

Page 1420

provided, no lot shall be less than twenty feet front and provided, further, that the assessment provided in this Section shall not be made on vacant lots, except upon a vote of two-thirds of the city Council, and residence lots shall not be sub-divided for assessment except where the residence lots have two or more houses used or intended for use as separate tenements built upon them in which case a sanitary assessment may be levied against the lot for each house situated thereon. Sanitary tax. SEC. 57. Be it further enacted, That said Mayor and Councilmen 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 action, for any act or acts, done by them or either of them under and in accordance with the provisions of this charter, and the ordinances passed in pursuance thereof. Legal rights and remedies. SEC. 58. 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 19, 1912. SWAINSBORO, CITY OF, CHARTER AMENDED. No. 527. An Act to amend an Act approved August 23, 1905, entitled An Act to amend an Act approved December 6, 1900, entitled an Act to incorporate the City of Swainsboro, in the County of Emanuel; to provide for Mayor and

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Council; the establishment of public schools therein, and for other purposes, by striking from said amending Act Section 27a thereof, and substituting therefor a new Section, to bear the same number, changing the manner of selecting a board of education, and superintendent of public schools, for said city by adding after Section 27c of said amending Act a Section to be numbered Section 27d, providing when said amending Act may be voted upon; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 27a of the above recited amending Act be, and the same is hereby stricken out, and the following Section inserted in lieu thereof: Section 27a. Be it further enacted by the authority aforesaid, That there shall be a board of education for said city, composed of five members, to be elected at an election to be held for the purpose of carrying into effect the provisions of the Act hereby amended. At any such election, one member shall be elected for a term of one year one for two years, one for three years, one for four years, and one for five years; and their successors shall be elected for five years; provided, that all members of said board shall hold over until their successors are elected and qualified. After the first election of said board, all elections held to fill vacancies caused by resignation, expiration of term, death, or otherwise, shall be at the same time and place, and in the same manner as Mayor and Councilmen are elected in said city. Said board shall have power to fill vacancies in its membership, by appointment, to hold until a regular election and qualification. Members

Page 1422

of said board shall be eligible to reelection to membership on said board. Said board of education shall have power to elect a superintendent of public schools for said city; provided, that no member of said board shall be eligible to such election while a member of said board. Said board of education shall select one of its members as president, and shall also select a secretary and treasurer, and fix the compensation of the latter two officers of the board, in its discretion; provided, that one and the same person may fill both of said two last mentioned offices. Said board shall also have the power and authority to employ and pay such other officers, and clerical help, as in its discretion, it may need; and the members of said board shall receive a per diem of $3.00 each, for such time as they are actually engaged in the performance of their duties as members of such board. Said board shall have complete control and management of the schools established hereunder; and shall make such rules and regulations for the government of itself, and its officers, as it may deem proper, not in conflict with law; and it shall have the power to select and employ a superintendent of public schools, as hereinbefore provided, and fix his salary; and shall have the right and power to select, employ and discharge teachers, janitors, etc., and fix their salaries, requiring such qualifications as they may deem proper; they shall also prescribe the duties of the several officers, teachers, and clerical and other help, and provide for the enforcement of the same. Swainsboro, City of, Board of Education, election, terms of, etc. Vacancies, how filled. Superintendent of schools. Officers of board. Compensation of members. Powers of board. Said board shall have power to fix the rate of tuition to be paid in said schools, as well as the entrance and incidental fees, and to provide when and how the same shall be paid, whether said tuition and entrance and incidental fees are paid by pupils residing within or without the limits of said city. Tuition.

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Said board shall, each year, by the first of February, make up and submit to the Mayor and Council of said City of Swainsboro a statement of the amount of money necessary for the support and maintenance of said schools; and said Mayor and Council shall levy and collect said amount, called for by said statement, by local taxation, levied and collected on all manner of property in said City of Swainsboro that is, or may be, subject to taxation, and said sum, when so collected, shall be held and kept by the city treasurer separate and distinct from all other funds of said city, and shall pay the same out for school purposes only, and that only upon proper vouchers, signed by the secretary of said board, and countersigned by the president of said board; and said Mayor and Council shall collect said amount called for by said statement, and have it ready to be paid out, as above, by September 1st of each year. School tax. Section 27d. Be it further enacted by the authority aforesaid, That should any election held hereunder, for the purpose of carrying into effect the provisions of this Act, not result in the establishing of public schools, as herein contemplated and provided for, the same may be re-submitted to a vote of the people at any time, in the discretion of the Mayor and Council of said city; provided, however, that no election held hereunder, for such purpose, shall be held sooner than twelve months after one previously held for the same purpose. Elections from time to time for establishment of public schools. SEC. 2. All laws, and parts of laws in conflict with this Act are hereby repealed. Approved August 16, 1912.

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SYCAMORE, CITY OF, NEW CHARTER FOR. No. 624. An Act to provide and establish a new charter for the town of Sycamore, in the County of Turner; to change its corporate name to The City of Sycamore, and to extend and define its corporate limits; to provide that all valid contracts heretofore entered into by the Town of Sycamore, or by the Mayor and Council of Sycamore, shall remain good and valid for or against said The City of Sycamore; to provide that all property now owned or held by said the Town of Sycamore shall be and become, upon the passage of this Act, the right and property of The City of Sycamore, and that all rights and liabilities of the Town of Sycamore shall accrue either to or against The City of Sycamore; to provide that all existing ordinances, bylaws and regulations of the town of Sycamore, not in conflict with the provisions of this charter, shall, upon the passage of this Act, continue valid and enforcible as ordinances, by-laws and regulations of The City of Sycamore; to provide a Mayor and Council and other necessary officers, and a system of general municipal government for said The City of Sycamore as hereby incorporated; to define its rights, powers, privileges, duties and restrictions as a municipality, and for other purposes pertaining thereto. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the City of Sycamore, in the County of Turner, is hereby incorporated.

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Its corporate limits shall embrace and include all the territory within the following described boundaries: Beginning at the center of the crossing of Willis street and the main line of the G. S. F. R. R. in said city, and running thence due north five-eights ([frac58]) of a mile to a point herein designated as station A; thence due west three-eights ([frac38]) of a mile to a point herein designated as station B; thence due south a distance of one and one-fourth (1) miles to a point herein designated as station C; thence due east a distance of three-fourths ([frac34]) mile to a point herein designated as station D; thence due north a distance of one and one-fourth (1) miles to a point herein designated as station E; thence due west three-eights ([frac38]) mile to said above named point designated as station A. The said defined territory is incorporated under the name and style of the City of Sycamore, and the City of Sycamore is hereby chartered and given all of the privileges and benefits conferred on cities by the Constitution and laws of Georgia, and by said name is established and may have perpetual succession and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, or to cities thereof; and all rights, powers, privileges, titles, property, easements or hereditaments now belonging or in anywise appertaining to the town of Sycamore, or to the Mayor and Council of Sycamore, as heretofore incorporated, shall be, and are, hereby vested in the City of Sycamore as created by this Act; and the City of Sycamore, in Turner County,. Georgia, created, established and declared 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 for the welfare and proper government of said

Page 1426

city as said Mayor and Council deem best and not inconsistent with the laws of Georgia or of the United States; and the said City of Sycamore shall be capable in law to purchase, hold, enjoy, receive, possess and retain in perpetuity or for any terms of years, any estate or estates, real or personal, lands, tenements or hereditaments of any kind whatsoever within and without the corporate limits of said city for corporate purposes, and to sell, alien and convey, exchange or lease the same, or any part thereof. The said City of Sycamore, as created by this Act, is hereby responsible, as a body corporate, for the legal debts and liabilities and undertakings of the said town of Sycamore or the Mayor and Council of Sycamore, as heretofore incorporated; and all ordinances now in force in the town of Sycamore, or enacted by the municipal authorities of the town of Sycamore, or by the Mayor and Council of Sycamore, as heretofore incorporated, and not repugnant to this charter or the laws of Georgia, shall be and are hereby continued in force in the said City of Sycamore, incorporated under this Act; and the present Mayor and Council of the town of Sycamore shall continue in office as the Mayor and Council of the City of Sycamore, incorporated under this Act; until their present terms expire or their successors are elected and qualified, and all other officers of the town of Sycamore shall continue in office in the City of Sycamore until their present terms expire or their successors are elected and qualified, such officers being subject to dismissal and all other pains and penalties as are provided in this Act. Sycamore, City of, new charter. Corporate limits. Charter powers. City of Sycamore responsible for obligations of town of Sycamore. Old ordinances not repugnant to this charter of force. Present Mayor and Council hold office until election. SEC. 2. Be it further enacted, That the municipal government of the City of Sycamore shall consist of a Mayor and six Councilmen, who shall be elected for and serve a term of two years each, or until their successors are elected

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and qualified, and such other officers elected by said Mayor and Council as are herein provided for, or as may be necessary in carrying out the provisions of this Act, except as hereinafter provided for the first election. Mayor and Councilmen. SEC. 3. Be it further enacted, That there shall be elected on the first Wednesday in December, 1912, by the qualified voters of said city, a Mayor and six Councilmen of said city, said Mayor and three of said Councilmen receiving the highest vote in said election for a term of two years from the first Monday in January, 1913, or until their successors are elected and qualified, and three of said Councilmen receiving the smaller vote in said election for a term of one year from the first Monday in January, 1913, or until their successors are elected and qualified. That annually after said first election, there shall be elected by the qualified voters of said city, on the first Wednesday in December of each year, a Mayor and three Councilmen of said city, all for a term of two years from the first Monday in January following their election, or until their successors are elected and qualified, unless it be that the Mayor's term of two years is not about to expire, in which event, three Councilmen only shall be elected. Said election together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of Georgia, in so far as said rules and regulations are applicable and are not in conflict with this Act. Election of Mayor and Councilmen, their terms, etc. SEC. 4. Be it further enacted, That the managers of elections in said city shall take before some officer authorized to administer oaths, or administer to each the following oath: I,....., do solemnly swear that I will

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faithfully perform the duties of manager of this election to the best of my ability, prevent fraudulent and illegal voting, without fear or favor, so help me, God. Oath of election managers. SEC. 5. Be it further enacted, That immediately after the polls are closed said managers shall count the ballots cast, and after the ballots have been counted, the tally sheets and the list of voters shall be certified in writing by said managers in the following language, to-wit: We do certify that the foregoing sheets or pages constitute the tally sheets (or list of voters, as the case may be) of an election for.....held by us this.....day of.....and that they are an accurate and faithful record of the names and number of voters at said election. This.....day of..........., managers;....., managers;.....managers. The tally sheets and lists of voters shall then be sealed up together in an envelope, delivered to the clerk of the city and filed of record in his office. The ballots shall likewise be sealed in an envelope, delivered to the clerk and filed of record in his office. Election returns. SEC. 6. Be it further enacted, That on the day next succeeding the election the managers thereof shall file a written report of the result with the city clerk, showing the number of votes cast and for whom cast. Upon the filing of said report the Mayor and Council, at their next regular meeting thereafter, shall declare the result of such election, and such declaration shall be entered of record by the city clerk on his minutes of said meeting. Result of elections, how declared and entered. SEC. 7. Be it further enacted, That after thirty days from the day of said election, if no notice of contest has been given as to the result of said election, the clerk aforesaid shall destroy the ballots. Contests.

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SEC. 8. Be it further enacted, That the term of the office of Mayor and Council of the City of Sycamore shall be two years from the first Monday in January after their election. On the said first Monday in January after their election the Mayor and Councilmen-elect shall meet in the city hall, or other usual place of holding Council meetings in said city, and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as Mayor (or Councilman, as the case may be) of the City of Sycamore for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability; without fear or favor; so help me, God. Should the Mayor or Councilmen be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Term of office of Mayor and Councilmen. Oath of Mayor and Councilmen. SEC. 9. Be it further enacted, That all persons who are qualified to vote for members of the General Assembly of the State of Georgia who shall have paid all taxes which have been legally imposed upon them by the authority of the State or by the City of Sycamore (including street tax and business or specific tax) and which they have had an opportunity to pay agreebly to law, who have resided within the County of Turner and in the City of Sycamore for a period 6 months next before said election, and who have registered as hereinafter provided, shall be qualified to vote at any election held in said City of Sycamore. Qualified voters. SEC. 10. Be it further enacted, That the registration book hereinafter provided for shall, at the opening of the polls upon every election held in said city, be placed in the hands of the managers of the election by the city clerk,

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and no one shall be allowed to vote at said election whose name does not appear on said registration book, attested by the name of the clerk opposite as registrar. Only registered voters allowed to vote. SEC. 11. Be it further enacted, That the clerk of said city shall keep open constantly, at his office, except on Sundays and legal holidays, a book to be known as the Registration Book of the City of Sycamore, in which the voters of said city shall register their names and ages in the presence of said clerk, and said clerk shall sign his name as registrar opposite the name of said voter. Said registration book shall close twenty days before each and every election to be held in said city. Before registering his name as aforesaid, each person shall sign the following oath, towit: I,....., do solemnly swear (or affirm) that I am twenty-one years old, have resided in the State of Georgia one year and in the County of Turner and City of Sycamore six months, or will have fulfilled these conditions by the date of the next election to be held in said city. I have paid all taxes due this State, county and city (including street taxes, specific taxes or licenses) which have been required of me, and which I have had an opportunity to pay agreeably to law, excepting only the taxes for the current year; so help me, God. The managers, or either of them, may, in their discretion, require the person offering to vote to take the oath aforesaid. Registration book. Oath of voter. SEC. 12. Be it further enacted, That any person who shall vote illegally at any election held in this City of Sycamore, under authority of the law and this Act, shall be guilty of a misdemeanor and liable to prosecution in the Courts of Turner County, and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code of Georgia. Illegal voting prohibited. Punishment.

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SEC. 13. Be it further enacted, That should any contest arise over the result of the election for Mayor, or Councilmen, it shall be determined as follows, to-wit: The contestant or contestants, shall, within ten days from the date of said election, by petition to the Superior Court of Turner County, plainly, fully and distinctly set forth his or their grounds of complaint or contest, and the names of the persons whose election is contested, and file said petition in the office of the Superior Court of Turner County. Immediately upon the filing of said petition with the clerk said clerk shall transmit a copy thereof to the Judge of the Superior Court of said county, and shall furnish the contestees, as set out therein, each with a copy of said petition. Upon receipt of the copy of said petition the Judge aforesaid shall fix a time and place of hearing and indorse the same on the copy of said petition; provided, that the time of said hearing of said petition shall not be more than sixty days or less than thirty days from the date of his order, and may be either at the session of the Superior Court of said county or in vacation. Election contests. SEC. 14. Be it further enacted, That during the pendency of said contest the persons who have been declared elected, as heretofore provided, shall exercise the duties and receive the salary and emoluments of said office. Pending contest who shall hold office. SEC. 15. Be it further enacted, That the Mayor and Council of said city shall fix the salaries of themselves and all other officers of said city government, unless otherwise provided by this Act. Salaries of officers. SEC. 16. Be it further enacted, That whenever a vacancy from death, removal, resignation or otherwise shall happen in the office of Mayor or Councilmen, the remaining

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members shall immediately proceed by election to fill the vacancy and the officer or officers so elected by the remaining members of Council shall fill the unexpired term of the officer or officers in whose place they were elected, in the same manner and under the same restrictions and responsibilities as though they had been voted for in a regular city election. Should the Mayor or any member of Council fail or refuse to perform the duties of his office for a term of three consecutive months, the office may, in the discretion of the remaining members of Council, be declared vacant, and the vacancy filled as in case of vacancy caused by death, removal or resignation. Vacancies, how filled. SEC. 17. Be it further enacted, That the Mayor and Council of the City of Sycamore shall have power and authority to enact all such ordinances, from time to time, as they may deem necessary to enforce the provisions of this charter, to suppress disorderly conduct, to protect life and liberty, to maintain the public peace, and to protect the public health, which are not repugnant to the laws of the United States or of this State. Legislation. SEC. 18. Be it further enacted, That the Mayor or the Mayor pro tem. and three Councilmen, or four Councilmen (who may elect one of their number to preside), shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day; provided, however, that when there are no more than four members present, it shall require at least three affirmative votes to pass any ordinance or resolution; but a quorum as above provided, shall be sufficient to any and all cases pending before said Council on appeal from the Police or Mayor's Court, and in all such cases or appeal

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a majority of the members present shall be sufficient to find a verdict either for or against the defendant. The Mayor and Councilmen shall hold monthly, semi-monthly or weekly meetings as they may decide upon, and the Mayor or Mayor pro tem. may order such call meeting as emergencies may in his judgment, require. Quorum. Meetings of Council. SEC. 19. Be it further enacted, That said Mayor and Council shall have power to pass all such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary to enforce all the laws of the State of Georgia applicable to municipal corporations, and which laws, in so far as they are not in conflict with this Act, are made a part thereof, and to provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, common and public squares of said city, and may provide against obstructions and nuisances thereupon. They may lay such drains and gutters therein as are necessary, and shall take all necessary and proper means for keeping the corporate limits of said city free from garbage and filth of all kinds. They shall have power to summarily abate all nuisances whenever in their judgment such nuisance is injurious to the health, comfort or convenience of the inhabitants of said city, either with or without complaint against such nuisances. They may regulate the running of automobiles, other vehicles and locomotives or cars, whether run by steam, electricity or other power. They may provide against obstructions in the streets, alleys or sidewalks therein, and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to individuals or to make such streets, alleys or sidewalks unclean or unsightly. They may make such regulations as they deem proper relative to the keeping, storage

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or sale of gun powder and explosive or inflammable oils, chemicals or powders in said city. They may prohibit the commission of nuisance in said city and provide punishment thereof. Powers of Mayor and Council. SEC. 20. Be it further enacted, That said Mayor and Council shall have power and authority to elect a city marshal, who shall be the chief of police of said city, two or more policemen, as in their judgment may seem necessary, a surveyor and engineer, street overseer, attorney, city clerk, city physician, and a recorder, together with such other officers as the necessities of the city may demand. They may prescribe the duties of said officers, and their term of office. The Mayor, or the Mayor pro tem., may appoint such extra policemen as may be necessary in cases of emergency, and such extra policemen shall receive such compensation as may be agreed upon or as may be fixed by the Mayor and Council. Either or all of said officers elected by the said Mayor and Council may be dismissed from office at any time by a two-thirds vote of the Mayor and Council, and all of them shall take oath to faithfully perform the duties of their respective offices, and give such bond and security as may be required by the Mayor and Council. The Mayor pro tem. shall be elected by the Mayor and Council from among their own number. Officers elected by Mayor and Council. SEC. 21. Be it further enacted, That for the purpose of raising revenues to defray the ordinary current expenses incident to the proper support and maintenance of the city government, the said Mayor and Council shall have full power and authority to levy and collect an ad valorem tax upon all property both real and personal, in the corporate limits of said city and which is not exempt by State law, not to exceed one-half of one per centum, but where that

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amount is deemed insufficient, said Mayor and Council shall have power and authority to levy and collect an additional tax in the mode and manner prescribed by the Constitution and laws of the State of Georgia. Ad valorem tax. SEC. 22. Be it further enacted, That every male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets of said city not to exceed fifteen days in each year, at such time or times as the Mayor and Council may require or to pay a commutation tax in lieu thereof, not to exceed five dollars in any one year, as said Mayor and Council may determine. Should any person liable to work the streets under this Section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said Mayor and Council may require, such person shall be deemed guilty of a violation of this Section, and on conviction in Police Court of said city, shall be fined in any sum not exceeding twenty-five dollars, or imprisoned in the guard house, or by labor on the chaingang of said city not exceeding thirty days. Said Mayor and Council may pass such ordinance as they may deem proper for the purpose of enforcing this Section. Street duty or commutation tax. Defaulters. SEC. 23. Be it further enacted, That said Mayor and Council shall have the right to establish a guard house and chaingang in said city; provide for the confinement of prisoners there during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; employ guards and convict bosses, and generally to provide for the control, working and proper government of said convicts. The employees of said city in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary

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to enforce reasonable labor and proper obedience to the rules and regulations which may be established. Chaingang. SEC. 24. Be it further enacted, That the Mayor and Council of said city shall have the full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices, etc., livery stables, feed stables and lots, hacks, drays, and other vehicles, auctioneers, vendue masters, itinerant traders, theatres and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, water works, shows, circuses and exhibitions of all kinds, itinerant lightning rod dealers, emigrant agents, book agents, peddlers of clocks, stoves, machines, or any article of merchandise whatever, itinerant venders of all kinds of goods, wares, merchandise or other things, pool, billiards and bagatelle tables kept for public play, every keeper of a shooting gallery, ten-pin alley, upon the keeper of any table, device, stand or place for the preformance of any game or play, whether played with sticks, balls, rings, or other contrivances; upon flying horses or other contrivances, bicycles, velocipedes or skating rinks; insurance agents, life, fire, accident or other insurance companies, loan agents for any and all kinds of business; banks and bankers, brokers and commission merchants of all kinds, and dealers in futures, keepers of slaughter houses, beef markets, green grocers, dealers in fresh oysters, vegetables, fruits, breads and other articles of food; contractors and builders, and all mechanics or artisans; barber shops, junk shops, pawnbrokers and upon all and every other establishment, business, calling, trade, or avocation not heretofore mentioned, and which, under the Constitution and laws of Georgia, are subject to license or specific taxes. Authority to license and control certain businesses, occupations, etc.

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SEC. 25. Be it further enacted, That said Mayor and Council of said City of Sycamore, in the event the present liquor prohibition Act of the General Assembly, approved August 6th, 1907, should be later repealed, shall have full power and authority to either prohibit or to regulate by license or otherwise the sale of spirituous liquors, beer, wines, malt, and intoxicating liquors of every kind whatever within said city. Liquors, beer, wine, etc. SEC. 26. Be it further enacted, That the Mayor and Council of said City of Sycamore, under existing laws, shall have the full power and authority to prohibit, or to regulate by license or otherwise, the sale, or keeping on hand for the purpose of sale, of. Near Beer, Malt Mead, Acme Brew, and all other similar beverages, or imitations or substitutes for beer, malt, or other intoxicating or non-intoxicating liquors, beer or other intoxicants, and to provide by ordinance against what are commonly known as Bling Tigers, or persons engaged in the clandestine sale of spirituous, malt and intoxicating liquors, and for punishment of those who may have or keep on hand such liquors for the purpose of sale. Near beer, etc., prohibition or regulation of the sale of. Blind Tigers. SEC. 27. Be it further enacted, That the Mayor and Council of said city may demand payment of any and all licenses or specific taxes authorized by this Act on the laws of Georgia, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business in said city for which a license is required. Should any person engage or continue in any business, trade, profession or calling, for which a specific tax or license is required by said city by ordinance, and shall fail or refuse to pay the same on demand of the proper authority of said city, he shall be liable to prosecution in the Police Court of said

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city, and may be fined or imprisoned in the discretion of said Court. The provisions of this Section shall apply to all persons, whether natural or artificial. Specific taxes, payment of where required, prerequisite to doing business. Prosecution for failure to pay license taxes. SEC. 28. Be it further enacted, That the Mayor and Council of said city shall have power and authority to make and establish by ordinance a fiscal year from which and to which all licenses shall date. Should any person apply for license for any business in said city for which a license is required, at any time after the fiscal year has begun, the Mayor and Council shall have authority to require from such person the same amount as received for license for a full year, and in no case shall the Mayor and Council be compelled to prorate the amount of license for a term less than a full fiscal year; provided, that no change in the fiscal year shall operate to the injury of any person who has once paid the amount of license required of him. Fiscal year. SEC. 28. Be it further enacted, That said Mayor and Council shall have power and authority to enforce by execution the collection of any debt or claim due to said city, for taxes, licenses, rents, impounding fees, fines and forfeitures, for laying sewers or drains, for cleaning or repairing privies, or for abating nuisances, and for any and all levies, assessments, debts and demands due to said city. Said execution to be issued by the clerk of said city and to bear test in the name of the Mayor against the property, person, corporation or firm against which or from whom any such debts or demand is owing; such execution to be directed to all and singular the marshal, deputy marshal and policemen of the City of Sycamore, who are authorized to levy the same upon the property against which it is issued, or on the property of the person against whom such execution shall have issued and the same shall be sold

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in the following manner, to-wit: The property levied upon shall be sold by the marshal or his deputy at public outcry, under the laws for Sheriff's sales, to the highest bidder, before the door of the Council chamber, or at such other place as the Mayor shall determine, notice of which place shall be stated in the advertisement of the sale of said property. If said property so levied upon shall be personal property, it shall be advertised by posting notices in three public and conspicuous places in said city for ten days before the day of sale; and if the property levied upon be real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the Sheriffs' sales are advertised; or in some other newspaper published in the City of Sycamore, before selling the same. All sales as above provided shall be at public outcry to the highest bidder and for cash. Said marshal or his deputy making such sales shall execute title to the purchaser, and shall have the same power to place the purchaser in possession as Sheriffs of the State have. Executions and their enforcement. SEC. 29. Be it further enacted, That the Mayor and Council of the City of Sycamore shall elect at either their first or second meeting night in each calendar year three upright, discreet and intelligent persons, who shall be freeholders and residents of said city, as tax assessors, who shall hold office for one year or until their successors are elected and qualified. Said tax assessors may be elected from among the members of the City Council or from among other persons, and should any vacancy occur in said board of assessors by death, resignation, removal or refusal to serve, such vacancy shall be immediately filled by said Mayor and Council. Before entering upon the duties of said office each assessor shall take and subscribe the following oath: I,....., do solemnly swear that

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I will faithfully perform the duties of tax assessor of the City of Sycamore and will make a just and true valuation of all property therein, subject to taxation, according to the fair market value thereof, so help me God. Tax assessors. Oath of assessors. SEC. 30. Be it further enacted, That the city tax assessors may hear, during the progress of their investigation, such evidence as to the value of any property in said city as they may deem advisable. If any person is dissatisfied with the valuation of his property as fixed by the assessors, he shall have the right to appeal to the Mayor and Council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereafter provided for has been mailed by the clerk of said city. Upon the filing of said appeal with the clerk of said city, it shall be the duty of the Mayor to fix a day which said hearing will be had, and give the applicant five days' notice in writing of said hearing. Notice to the agent or attorney at law of said applicant shall be sufficient. At said hearing said Mayor and Council shall hear all legal and competent testimony and enter up a judgment accordingly. The appeal herein provided for may be signed by the tax payer, his agent or attorney at law. Assessments and appeals therefrom. SEC. 31. Be it further enacted, That immediately after the report of said assessors is filed with him it shall be the duty of said city clerk to mail a written or printed notice to every person the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the assessors' action and specifying the property the valuation of which has been increased. Notice of raise in assessment. SEC. 32. Be it further enacted, That there shall be in the City of Sycamore a Court known as the Police Court

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of the City of Sycamore, and the same shall have a seal and be a Court of record. The jurisdiction of said Court shall extend to all offenses herein provided for, together with all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said city. The sessions of said Police Court shall be held by the Mayor or by the recorder, in the event the Mayor and Council have seen fit to create such office, at such times and at such places in said city as in the judgment of either may be necessary. Said Police Court shall have power and jurisdiction to try all offenses against the ordinances of said city within the above defined territory, and upon conviction may punish offenders by a fine of not more than one hundred dollars ($100), by confinement in the chain-gang of said city for a term of not more than six months, or by confinement in the guard house or jail of said city for a term of not more than ninety days, either or all in the discretion of said Police Court. Police Court, its jurisdiction and powers. SEC. 33. Be it further enacted, That in no case shall it be necessary for affidavit to be made or warrant to be issued to authorize arrest to be made for violation of any of the ordinances of said city. Arrests. SEC. 34. Be it further enacted, That all trials in the Police Court of said city shall be held under and by virtue of an affidavit and warrant, which affidavit may be made by any person before the clerk of said city and warrant issued by the presiding officer of said Police Court; said affidavit and warrant shall be in the form prescribed for criminal affidavits and warrants in the Code of Georgia. Upon aforesaid affidavit warrant shall issue as aforesaid and shall be directed to all and singular the marshal,

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deputy marshal or any policeman of the City of Sycamore. Upon said affidavit issue shall be joined and plea of guilty or not guilty entered. Should the warrant be dismissed on account of informality in the affidavit or warrant, it shall be the duty of the Court to order another drawn, and another, until it shall meet the requirements of the law. Affidavit and warrant for trial of offenders. SEC. 35. Be it further enacted, That said Police Court shall have the power to punish for contempt against its lawful authority, whether in its presence or otherwise, to issue summons for witnesses, books and papers in as full and complete a manner as the Justice Courts in this State may now do; to punish as for contempt failure to obey its legal summons; to grant continuances under the rules of law; to take bonds and recognizances for appearance at its sessions and to forfeit the same under the same rules and regulations as are now applicable in like procedure in Superior Courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a Court of record; provided, that no fine for contempt shall exceed the sum of fifty dollars or imprisonment in the guard house for more than thirty days. Powers of Police Court. SEC. 36. Be it further enacted, That any person convicted in the Police Court of said city for a violation of any of the ordinances or by-laws thereof shall have the right of certiorari to the Superior Court of Turner County, or he may have the right of appeal to the Mayor and Council of said city if said Mayor and Council shall see fit by ordinance to provide for such appeal, otherwise certiorari as aforesaid shall be the only remedy. In carrying cases from the Police Court of said city to the Superior Court of Turner County by certiorari the same rules shall be observed as are applicable in carrying criminal cases from the County Courts of this State to the Superior Courts. Certiorari.

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SEC. 37. Be it further enacted, That the Mayor and Council of the City of Sycamore may, whenever, in their judgment they see fit, create the office of recorder for said city, and to elect some upright and intelligent person reasonably skilled in the law, resident of said city, to perform the duties of that office and to fix his compensation therefor; said recorder may be elected at any time that in the judgment of the Mayor and Council his services may be necessary, and he shall hold his office for a term of one year or until the qualification of the Mayor and Council following the next city election, and until his successor has been elected and qualified. It shall be the duty of said recorder to preside in the Police Court of said city in all cases except when providentially hindered or absent from the city or when he may be disqualified, in which cases the Mayor or Mayor pro tem. shall preside. Recorder. SEC. 38. Be it further enacted, That the Mayor, Mayor pro tem., or recorder of said city shall have, in addition to the jurisdiction herein conferred, the criminal jurisdiction of Justices of the Peace over all the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of the said city's police jurisdiction, it shall be the duty of the Mayor, Mayor pro tem., or recorder, as the case may be, after investigation, to commit the offender or offenders to jail or bail to answer to the Court having jurisdiction of the offense. Commitments and appearance bonds. SEC. 39. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs within

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the limits of the said city, or regulate the manner in which they must be kept if allowed to remain, and shall have power and authority to take up and impound any such animals and fowls, and to punish all owners of such fowls and animals who refuse to obey an ordinance passed by said Mayor and Council to carry this authority into effect. Impounding of animals. SEC. 40. Be it further enacted, That in order to give effect to the foregoing Section said Mayor and Council shall have authority to establish a pound and to change the same whenever they see fit; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals before they are released from the pound; to regulate the mode or manner of sale or disposition of impounded animals or fowls where no owner appears, or where payment of impounding fees charged, penalties or cost is refused; to provide for the disposition of the proceeds of the sale of impounded animals and to provide for the punishment of all persons who without authority break or enter the pound. Pound. SEC. 41. Be it further enacted, That said Mayor and Council shall have authority, in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations prescribing penalties for violations of the same necessary for the purpose of maintaining such board of health, and prescribing penalties for such violations, to prevent the spread of any infectious or contagious disease; also, to pass and enforce an ordinance to compel the vaccination of all persons within the police jurisdiction of said city; also, to isolate any person or persons afflicted with any infectious or contagious disease by confining such person or persons within premises provided by the Mayor and Council either within or without

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the corporate limits of said city; to isolate any person or persons who have been exposed to any infectious or contagious disease during the usual period of incubation of such disease by confining such person or persons during such period within premises provided by the Mayor and Council, either within or without the corporate limits of said city; provided, that no person shall be so isolated who is able and willing to pay the hire of proper persons, to be selected by the Mayor and Council, to guard the premises in which they are, so as to prevent ingress and egress to and from such premises during the time in which there is probability of the spread of any infectious or contagious disease from such person or persons. Board of Health, their duties and power. SEC. 42. Be it further enacted, That said Mayor and Council shall have exclusive jurisdiction over all cemeteries belonging to said city. They may elect such employees to superintend the care of the same as they may deem proper. They may make such appropriations out of the city treasury as to them may seem proper for the care and supervision of the same. They may enact ordinances and provide penalties for the purpose of preventing trespass thereon. They may regulate the charge for grave-digging, hearse fees and any and everything pertaining to the care and operation of such cemeteries. They may charge such fees for burials as to them may seem proper, and may enforce the collection of such fees in such manner as to them may seem most expedient. Jurisdiction of Mayor and Council over cemeteries. SEC. 43. Be it further enacted, That said Mayor and Council shall have the right to exercise supervision over all buildings within the corporate limits of said city; and whenever, in their judgment, any structure or building is dangerous to the life or health of citizens, on proper case

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made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance and call on the owner or tenant in possession to immediately abate same; and in the event said owner or tenant in possession fails or refuses to abate such nuisance within reasonable time, such time to be determined by the Mayor and Council, then said Mayor and Council may cause same to be done and issue execution against said premises for the cost of abating such nuisance. Said Mayor and Council may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same. Supervision over buildings. SEC. 44. Be it further enacted, That the Mayor and Council of said city shall have the power and authority to open, lay out, widen, straighten or otherwise change the streets, alleys or lanes of said city, and shall have power to lay off, vacate close up alter, open, curb, pave or drain the roads, streets, bridges, alleys sidewalks, crosswalks, drains or gutters for the use of the public or any citizen of said city; to grant right of way to railroads, street railroads, water-works, gas works, electric light telegraph and telephone wires or lines throughout the streets and alleys of said city, upon such terms and conditions and restrictions as said Mayor and Council may prescribe. Whenever said Mayor and Council, in the exercise of the authority herein conferred to open, lay out, straighten, widen or otherwise extend or change any of the streets, alleys, etc., of said city, shall find it necessary to take private property for such purpose, and they cannot agree with the owner or owners thereof, they may take such private property upon the following terms and conditions to-wit: Authority of Mayor and Council over streets, etc.

Page 1447

SEC. 45. Said Mayor and Council shall cause to be served on such owner or owners or his or their agents, written notice of their intention to condemn such property, which notice must describe the property sought to be condemned, the purpose for which it is to be used the time and place when and where the proceedings to condemn such property will be held, which shall not be less than five days from the date of the service of such notice. Right of condemnation. SEC. 46. It shall then be the duty of the Mayor and Council to appoint one freeholder of said city, and the owner or owners of the property sought to be condemned, or his or their agents, shall appoint another free holder; provided, if said owner or owners, or his or their agent, shall fail or refuse to appoint such freeholder, then the Mayor and Council shall appoint a second freeholder, and the freeholders appointed in either of above ways shall select a third freeholder, and the three freeholders shall after taking an oath faithfully to discharge their duties, hear all legal evidence offered by the parties and assess the damages or compensation to be paid to the owner or owners of such land and render their award, which must be signed by at least two of said freeholders. Said award shall then be filed with the city clerk. Should the first two freeholders, as above provided for, be unable to agree upon a third, then said Mayor and Council shall likewise appoint the third freeholder. Condemnation proceedings. SEC. 47. Provided, that either party dissatisfied with the award of the assessors may, within four days after the same is filed, enter an appeal to the Superior Court of Turner County. The Mayor and Council may, after payment or tender of payment to the owner or owners, or his or their agent, of the sum found by the assessors, proceed

Page 1448

to open, lay out, straighten or otherwise change such street, road, alley or lane, pending any appeal by the owner or owners of any land sought to be condemned for such purpose. Appeal from award of assessors. SEC. 48. Be it further enacted, That said Mayor and Council shall have the power and authority, upon recommendation of the board of health, to cause the owner of lots or parcels of land in the city to drain the same or to drain any pond or pool of water thereon; also compel the owner or owners of cellars occasionally holding water to cause the same to be emptied of water or filled up if necessary and in case the owner of such lots or parcels of land or cellars shall fail or refuse, after reasonable notice, (such notice to be judged by the Mayor and Council) to him or his agent to comply with the requirements of the Mayor and Council, it shall be lawful for said Mayor and Council, to employ proper persons to perform such service; and for all expenses incurred in so doing the clerk of the city shall issue execution against said property or the owner or owners thereof; and a sale under such execution by the city marshal or his deputy shall pass the title to said property as completely to the purchaser as a sale under judgment and execution from the Superior Courts of this State. Drainage. SEC. 49. Be it further enacted, That said Mayor and council shall have authority to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious and infectious disease in said city. Quarantine. SEC. 50. Be it further enacted, That said Mayor and Council shall have power and authority to compel the owners of property, their tenants or lessees, to grade, pave

Page 1449

and otherwise to keep in good order and condition as said Mayor and Council may direct, the sidewalks in front of and abutting on their said property. They may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the city or in any way that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance or resolution passed in pursuance of this section, the work may be done by the city and the expense attending the same collected by execution against said owner or against said property. Sidewalks. SEC. 51. Be it further enacted, That said Mayor and Council shall have power and authority to create and establish a fire department in said city, provide for the pay and equipment thereof, purchase any necessary apparatus therefor, and make all needful regulations for its proper maintenance. Fire department. SEC. 52. Be it further enacted, That said Mayor and Council shall have the power and authority to provide against hazard and damage by fire, and to that end may declare any portion of said city a fire district, and may define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings in such fire district. and may punish in their discretion any person violating the provisions of their ordinances in this behalf. Whenever it shall appear that any building, shed or structure of any sort is being erected within said fire district, contrary to the ordinances covering such subject, the Mayor and Council shall have authority to summarily direct the owner of such structrue to immediately tear down and remove same or to so change the material as to make it comply with the ordinances for such cases provided.

Page 1450

Should said owner fail or refuse to comply with such order, they may summarily have same removed, and execution shall issue against such owner for expenses so incurred by the city. The owner or person in charge of such structures, and so refusing to comply with the order of the Mayor and Council, may likewise be punished as for a misdemeanor under the ordinances of the city. Fire district and regulations to guard against fires. SEC. 53. Be it further enacted, That said Mayor and Council shall have power to provide for the erection and maintenance in said city of gas works, electric light works and waterworks, and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, under such regulations and restrictions as they may deem proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric light and waterworks plants for the furnishing said city with lights and water, and may pay such amounts as purchase or rental as they may deem proper. They may make such regulations and pass such ordinances as they may deem necessary for the protection of the owners of such works and shall have exclusive jurisdiction over them. Whenever said Mayor and Council shall contract for water or lights for the use of said city, they may by ordinance limit the rates to individual consumers. They may regulate the operation of light and waterworks and impose upon their owners such duties, obligations and liabilities as they may deem just and reasonable for the proper protection of the citizens of the city and the municipal government. Gas works, electric light works and water works. SEC. 54. Be it further enacted, That said Mayor and Council shall in exercise of their police powers have power and authority to pass all ordinances they may think necessary to more effectually prevent the illegal sale of intoxicating

Page 1451

liquors within the police jurisdiction of the city of Sycamore, and to that end may provide ordinances punishing any person or persons keeping in said police jurisdiction any intoxicating liquors for the purpose of selling the same, and likewise ordinances providing for the punishment of any person or persons purchasing intoxicating liquors from person or persons who are selling the same illegally. 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 within said police jurisdiction in which the Mayor and Council may have reasonable cause to believe there is a blind tiger or place where intoxicating liquors are being kept for the purpose of illegal sale and to seize and hold as evidence all intoxicating liquors found therein. And after such liquors so seized have answered the purpose of evidence they may, on order of the Mayor, recorder or other officer trying such offender in addition to other penalties herein provided for be destroyed. Prohibition. SEC. 55. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he may be apprehended wherever he may be found in this state, and the warrant of the Mayor, Mayor pro tem., or recorder of said city, shall be sufficient authority for his return and trial upon the charge resting against him, and should any person, after trial and conviction of a violation of an ordinance of said city, escape, he may be apprehended wherever found in this State, and the warrant of the Mayor Mayor pro tem., or recorder of said city shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of said city may again be tried for such escape and punishment not exceeding penalties hereinbefore provided. Fugitives from justice

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SEC. 56. Be it further enacted, That said Mayor and Council shall have full power and authority to require the owner of any improved property, his agent or the tenant in possession, to provide suitable privies or water closet accomodations upon such premises, to be located at such places on said premises as said Mayor and Council by ordinance prescribe. Privies or water closet accommodations. SEC. 57. Be it further enacted, That said Mayor and Council shall have power and authority by resolution or ordinance to provide suitable regulations on the subject of drainage, sewerage and plumbing, and all and everything else that may be necessary for the improving of the sanitary condition of said city. Said Mayor and Council are authorized to lay down sewers through private property in said city; provided that before so doing they shall regularly condemn such private property by the methods hereinbefore laid down for the taking of private property by the said city. Drainage, sewerage and plumbing. SEC. 58. Be it further enacted, That said Mayor and Council shall have power and authority to issue bonds of said city in such sums and at such times as they shall see fit, not to exceed in the aggregate at any time, the sum of seven per cent. (7%) of the assessed value of the property, real and personal, within said city, of such denominations and in such amounts as they may deem fit, said bonds not to bear interest at a rate in excess of five per centum per annum, and not to run for a greater period than thirty years from the date of their issue, but may bear a less rate of interest and run for a shorter period from their date of issue, in the discretion of the Mayor and Council. Said bonds to be issued, hypothecated and sold for the purpose of establishing, maintaining and operating a system of

Page 1453

waterworks, a system of sanitary sewerage, a crematory, a system of street lighting, either with gas or electricity, or both; a system of public schools and the erection and furnishing the necessary buildings for such schools and for street paving. Said bonds shall be signed by the Mayor and countersigned by the clerk, under the corporate seal of the city and shall be negotiated by the clerk, under the corporate seal of the city, and shall be negotiated in such manner as said Mayor and Council may determine to be for the best interest of the city; provided, that said bonds shall not be issued for any of the above said purposes until the same shall have been submitted to a vote of the qualified voters of said city, and approved by a two-thirds majority of the qualified voters of said city. Municipal bonds. SEC. 58. Be it further enacted, That said Mayor and Council shall have the power and authority to contract for, or in the event or inability to contract, to condemn any lands, either within or without the city for the purpose of securing a location and of establishing a city water-works, a city light plant, a crematory for the destruction of garbage or the extension of the city's sewers; and the compensation to the owner or owners of such lands shall be arrived at as hereinbefore provided, where the city condemns property. Condemnation. SEC. 59. Be it further enacted, That whenever it is deemed expedient by the Mayor and Council, they shall order an election to be held in said city for the purpose of determining whether or not there shall be an issue of bonds for any of the purposes hereinbefore provided, of which election there shall be given thirty days notice by publication in the newspaper then the legal organ of Turner County, or other newspaper published in said county,

Page 1454

and also by posting a written or printed notice in three public and conspicuous places in said city, stating the day of election, the amount of the bonds to be issued, for what purpose they are to be issued, whether the interest is to be paid annually or semi-annually, how much of the principal or interest is to be paid annually and when said bonds shall be fully paid off. Said election shall be held on the day published in said notice at such places as may be determined by the Mayor and Council which place must be designated in the notice of such election, and shall be held by the same persons and in the same manner and under the same rules and regulations as those for Mayor and Council are held; and the same qualifications of voters at said election shall be required as at said election of Mayor and Council. That the ballots cast at said election shall contain the words, For bonds, or Against bonds, and unless for bonds shall receive a two-thirds majority of all the qualified voters of said city, said bonds shall not be issued but if for bonds shall receive said two-thirds majority, said bonds may be issued. Bond elections. SEC. 60. Be it further enacted, That the mayor and Council shall have the power and authority to levy and collect annually, in addition to that already provided for in this charter a tax not exceeding one-half of one per cent on all of the taxable property of said city for the purpose of establishing and maintaining a system of public schools in said city, said fund not to be used for any other purpose; but before said public school system shall be adopted it shall be submitted to the qualified voters of said city, for which purpose the Mayor and council are authorized whenever they may deem it expedient, to order an election of which thirty days notice shall be given in a newspaper published in said city or the newspaper then the legal organ

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of Turner County and likewise by three written or printed notices posted in three public and conspicuous places in said city, which election shall be held under the same rules and regulations as are elections for Mayor and Council in said city, and the qualifications of voters shall be the same. Those favoring a public school system shall have written or printed on their ballots the words For Public Schools and those opposed to public schools shall have written or printed on their ballots the words. Against public schools, and if two-thirds vote of said city in such election be for public schools, this Section and those following on the same subject immediately become operative in said city. Should the election provided for in this section be against public schools the Mayor and Council shall not call another election for the same purpose until a calendar year has elapsed, but said Mayor and Council may call another election and another, such elections being at least one year apart, until this section is adopted. Public school system, bonds for establishing and maintaining. Election for adoption of public school system. SEC. 61. Be it further enacted, That should a system of public schools be established in said city, as provided for in the preceding Section, the Mayor and Council shall elect not less than three nor more than five qualified citizens of said city to constitute a board of education for said city. The Mayor or any member of Council shall be eligible as a member of said board of education. The said board of education shall be elected annually on the first meeting night in January and shall hold their office until their successors are elected and qualified, except that the said board of education may at their first election be elected as soon after the adoption of a system of public schools as practicable; said board of education to hold office until the succeeding first meeting night in January, as above provided. Board of Education.

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SEC. 62. Be it further enacted, That said board of education provided for in the preceding section shall have the power to design and adopt a system of public schools for said city; to appoint or elect a superintendent and select teachers for the same; to suspend or remove such superintendent or teachers to fix the compensation of teachers and superintendent; to provide school houses by rent, building, purchase or otherwise, but the title to all school property shall be and remain in the city of Sycamore; to make rules and regulations for the government of themselves and said schools as they may see proper and not in conflict with the laws of the state. No white child shall be admitted into any school established by said board for colored children, and no colored child shall be admitted into any school established by said board for white children. All children who are entitled to the benefits of public schools under the laws of this state, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of said city shall be admitted in said school upon payment of such incidental fee only as said board may deem necessary. Children of non-residents, and such others as may be entitled to the benefits of these schools, shall be admitted upon such terms as may be prescribed by said board of education not in conflict with the laws of the state; that when said public school system has been adopted in said city, is shall be the duty of said board of education to have prepared and to furnish the State School Commissioner immediately on the passage of this Act and its adoption at an election as hereinbefore specified, and annually thereafter by the first day of December in each year a list or census of pupils residing in said city entitled to the school fund in which shall be included those pupils residing outside of the city, but who attend the city schools. And it shall be the duty of the State School Commissioner to pay

Page 1457

to the clerk and treasurer of the City of Sycamore such portion of the public school fund as its number of pupils, as above defined, entitles it to. Powers and duties of Board of Education. SEC. 63. Be it further enacted, That when said public system is adopted the board of education of said city shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the ensuing year, and shall lay the same before the Mayor and council, who shall be required to levy and collect the same and the amount so levied and collected shall be used for no other purpose and shall be paid out only on the order of the said board of education. School tax. SEC. 64. Be it further enacted, That after said public school system shall have been adopted by said city of Sycamore, the educational authorities of Turner County shall not grant any license to nor contract with any person or persons to teach any school of any character in said city, nor shall any of the State school funds be paid to any school in said city other than the public school contemplated by this Act, after it shall have been adopted. Schools and State school fund. SEC. 65. Be it further enacted, That the Mayor and Council of said city shall have power and authority to grade, pave, macadamize or otherwise improve the travel, drainage and condition of the streets, sidewalks, squares, public roads, or lanes and alleys in said city. In order to carry into effect the above said Mayor and Council shall have power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary, on the real estate abutting on such streets or sidewalks. Said Mayor and Council shall have

Page 1458

the power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing side-drains, crossings or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved and one-third on the real estate abutting on the other side of the street so improved. The real estate abutting on the street shall not pay more than two-thirds of the entire cost in the discretion of the Mayor and Council, and any street railroad or other railroad company having tracks running through or across the streets of said city, shall be required to pave or macadamize or otherwise improve said streets in such proportion as the mayor and Council may prescribe. Said Mayor and council shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessments against all real estate for above purposes, as to them may seem 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 the street so improved or according to area or value of said property either or all, as may be determined by ordinance passed for that purpose. The amount of the assessments on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The Mayor and Council shall have power and authority to enforce collection for the amount of any assessment so made for work either upon the streets or sidewalks, by execution issued by the city clerk against the real estate improved and assessed, for the amount against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or any policeman of said city on such real estate, and after advertising and other proceedings, as in the case of tax sales, the same shall be sold at public outcry, to the highest bidder.

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Such sale shall vest absolute title in purchaser. Said city Marshal or policeman acting for him, shall have authority to eject occupants and put purchasers in possession; provided the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued and stating the amount which he admits to be due, which amount admitted to be due, together with all costs shall be paid before the affidavit shall be received and the affidavit shall be returned to the Superior Court in Turner County and there be tried and the issues determined, as in cases of illegality, subject to penalties, provided as in case of illegality filed for delay only. The Mayor and Council shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad or street railroad company or other property holder or occupant of the street the option of having the space to be paved by them paved by themselves, or by a contract at his or its instance, the object being to prevent delay and to secure uniformity. The lien for assessment on abutting property and on street railroad and other railroad companies for street or sidewalk paving curbing, macadamizing, grading or draining shall have rank and priorty 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 instance. 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 and to collect the cost thereof by execution against adjacent property owner and railroad companies or other occupants of the streets or alleys of said city. Power and authority of Mayor and Council over streets, etc. Assessments. Improvements by street and other railroads. Equalization of assessments. Lien of assessments and collection thereof. Illegalities. City's right to pave, etc.

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SEC. 66. Be it further enacted, That said Mayor and Council shall have full power and authority to acquire, on behalf of the city of Sycamore, by gift, purchase or otherwise, grounds suitable for such park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have power and authority to improve and keep up the same and to that end may appoint such officers and employees as in their judgment may be necessary, and compensate them therefor. They shall have the right to draw on the ordinary expense fund of said city for said purpose, or upon any other fund not otherwise appropriated according to law. Parks. SEC. 67. Be it further enacted, That said Mayor and Council shall have power and authority, whenever in their judgment they may see fit, to secure for said city one or more deep wells in said city for the purpose of supplying the city with a plentiful supply of good wholesome water, and to this end they may contract with such party or parties as they may see fit. For the said purpose they may draw on the ordinary fund of the town, or upon any other fund not otherwise appropriated according to law. City wells. SEC. 68. Be it further enacted, That should the Mayor and Council determine, in accordance with provisions hereinbefore made, to issue bonds for any of the purposes hereinbefore set out, then they shall have the power and to levy and collect an additional tax not to exceed one per centum per annum, sufficient to pay off the said bonds with all interest and charges on the same within the period which said bonds have to run. Levy of tax to pay off bonds. SEC. 69. Be it further enacted, That any of the officers of the said corporation of the City of Sycamore, who may

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be sued for any act or thing done in his official capacity, may be justified under this charter, and that the provisions of this charter may be pleaded and shall be a defense to any action brought against the Mayor and Council of said city or either of them for any act or acts done by them or either of them, under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Suits against officers for official acts, defense of justification. SEC. 70. 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 19, 1912. TALLULAH FALLS, TOWN OF, CHARTER AMENDED. No. 533. An Act to amend an Act approved November, 12, 1889, amending the charter of the town of Tallulah Falls, entitled An Act to amend an Act to incorporate the Town of Tallulah Falls in the County of Rabun, to appoint commissioners for same and for other purposes approved October 7, 1885, by extending the limits of said town so as to take in new territory in both Habersham and Rabun Counties, and by authorizing the Mayor and Council to widen, straighten, grade or change the streets thereof and to condemn property for that purpose, 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, Section 1 of said Act approved November 12, 1889, be amended by striking therefrom in the second line of said Section the words County of Rabun and inserting in lieu thereof the words Counties of Rabun and Habersham and by striking from the third, fourth and fifth lines of said Section the words or expression One-half mile in every direction from the depot of the Blue Ridge and Atlantic Railroad of Tallulah Falls and inserting in lieu thereof the words three fourths of a mile in every direction from the point on the Tallulah Falls Railroad where the line between the Counties of Rabun and Habersham crosses said railroad so that said Section when so amended shall read as follows, towit: Be it enacted by the General Assembly of the State of Georgia, That the town of Tallulah Falls in the Counties of Rabun and Habersham is hereby incorporated, and the limits of said town shall extend for three-fourths of a mile in every direction from the point on the Tallulah Falls Railroad where the line between the Counties of Rabun and Habersham crosses said railroad. Tallulah Falls, town of, corporate limits. SEC. 2. 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, side walks, alleys, public squares and public ways in said town and shall have power and authority to lay out, make, change, abandon, discontinue, maintain, work or improve the same in any manner they may deem to the best interest of said town, and shall have power and authority to buy or condemn property of any and all kinds for the purpose

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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 lands so condemned shall be in the hands of the owners, trustees, administrator, executor, guardian, or agent, said condemnation may be done in the manner provided in Sections 5219 to 5235 inclusive of the Code of Georgia of 1910 and the general laws of the State relative thereto, after any proceedings shall have begun to condemn lands for the purposes herein specified, the Mayor and Council may abandon the same at any time they think it to the best interest of the town upon payment of cost, which they are hereby authorized to do. The Mayor and Councilmen shall have full power and authority to remove or cause to be removed any buildings, steps, gate, fence, post or other obstruction or nuisance in the public streets, alleys, lanes sidewalks, squares, or other public places in said town and enforce the provisions of this section by appropriate ordinance. The Mayor and Councilmen shall have the further right, power and authority to provide for and regulate or have the same done, the curb, gutters, or other sluice ways or drain ways empting into the streets, sidewalks, alleys or other public ways of said town; to regulate or prohibit (except as such power may be restricted by any existing general law of the State) the use of the streets, sidewalks, public squares or other public ways or places of said town for signs, sign posts, awnings, telegraph or telephone poles, horse throughs, racks, and for carrying banners, hand bills and advertising; to regulate and prohibit exhibitions of banners, hand bills, placards or things of like character on the streets and sidewalks, and public places in and of said town; also to compel any telegraph or telephone company having previously enacted poles and

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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 better maintaining, changing or improving the public ways or squares of said town or accomodating the traveling public thereof and therein; and in case said telegraph or telephone company shall fail to remove said poles or 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. Provided, however, that that part of said town of Tallulah Falls lying and being in and on the Habersham county side is herein and hereby incorporated in this Act for police purposes and protection only, and is herein and hereby included as part of said town for the purpose of enforcing and maintaining the criminal law, ordinances, rules, regulations and by-laws of said town only; and that the property owners of that part of said town shall not be required to pay taxes for the maintenance of said town or perform any other civil duties under the authorities thereof, nor shall the citizens be allowed to vote in the municipal elections thereof, but that all citizens and sojourners in and of that part of said town shall be subject to all lawful acts of the authorities of said town pertaining to their authority over the criminal laws, ordinances, rules, regulations and by laws of said town and the criminals and law breakers within said territory and that the police force and authority of said town shall extend over said territory for the purpose of enforcing the criminal laws, rules, regulations, ordinances and by-laws of said town as fully and completely as over the remaining portion of said town, and that the authorities thereof shall have full power to enforce the criminal laws of the State of Georgia, within that part of the town, which may be allowed to them or the municipal

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court thereof in the remaining portion of said town, and bind over those violating said laws to the Superior Court of Habersham County or the court having jurisdiction of the crimes committed in said territory. Authority of Mayor and Council over streets, etc. Condemnation. Territory in Habersham County incorporated for police purposes only. Property not taxed, citizens cannot vote in this territory. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved August 17, 1912. TARRYTOWN, TOWN OF, INCORPORATED. No. 606. An Act to incorporate the town of Tarrytown, in the County of Montgomery, to define its limits, to provide for a Mayor and five Councilmen, and other officers of said town, and 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, 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 Tarrytown, in the County of Montgomery, be and the same is, hereby incorporated as a town under the name of the town of Tarrytown. Tarrytown, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town of Tarrytown

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shall consist of a Mayor and five Councilmen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of the Town of Tarrytown, and by that name and style shall have perpetual succession, and shall have a common seal, and shall be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors, for the use and benefit of the town of Tarrytown, any estate or estates, real or personal, of whatever kind or nature, within or without the jurisdictional limits of said town for corporate purposes, and to sell, exchange or lease the same in any way whatever, and by the name and style of the town of Tarrytown shall be capable to sue and be sued in any court of law or equity in this State, plead and be impleaded and do all other Acts relating to their corporate [Illegible Text] that may be necessary in performing their duties. Mayor and Councilmen. SEC. 3. Be it further enacted by the authority aforesaid, That the corporate limits of the said town of Tarrytown shall be within the following described lines, to-wit: Extending from the warehouse in said town one-half mile east, one-half mile south, one-half mile west and one-half mile north, having the form of a square, reckoned from said warehouse, and the corners of said corporate limits pointing, respectively, northeast, southeast, southwest and northwest. Corporate limits. SEC. 4. Be it further enacted by the authority aforesaid, That C. H. Calhoun be, and he is, hereby appointed Mayor of the said town of Tarryton, and A. L. Wheeler, L. A. McCrary, J. T. Warnock, W. L. Snow and L. I. Davis be, and they are hereby appointed Councilmen of said town of Tarrytown, to hold their offices until their successors are elected and qualified. Present Mayor and Councilmen.

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SEC. 5. Be it further enacted by the authority aforesaid, That F. B. Calhoun be, and he is, hereby appointed marshal of said town of Tarrytown, and L. A. McCrary be and he is, hereby appointed clerk and treasurer of said town of Tarrytown, to hold their offices until their successors are elected and qualified. Marshal. Clerk and treasurer. SEC. 6. Be it further enacted by the authority aforesaid, That an election shall be held in said town of Tarrytown on the First Wednesday in January, 1913, and on each succeeding First Wednesday in January of each succeeding year, for the election of Mayor and Councilmen. At the first election held on the First Wednesday in January, 1913, and biennially thereafter, there shall be elected a Mayor and two Councilmen to hold their offices two years, and until their successors are elected and qualified; and at the election on the First Wednesday in January, 1914, and biennially thereafter, three Councilmen shall be elected to hold their offices for two years, or until their successors are elected and qualified; and all of said elections shall be held by a Justice of the Peace, or Notary Public ex-officio Justice of the Peace, of said county and two free-holders of said town of Tarrytown, or in the absence of a Justice of the Peace, then by three freeholders of said town, and said election shall be conducted in all respects as elections for members of the General Assembly are held. Election of Mayor and Councilmen. Elections, how held. SEC. 7. Be it further enacted by the authority aforesaid, That the Mayor and Council shall elect one of their number clerk and treasurer, and shall have the power to elect a town marshal, and such other town officers as they may deem necessary for the purpose of carrying into effect the purposes and provisions of this Act. Officers elected by Council.

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SEC. 8. Be it further enacted by the authority aforesaid, That said town marshal, Mayor or Councilman may arrest without warrant any person guilty of a violation of the ordinances of said town of Tarryton or reasonably suspected thereof, and bring the offender before the Mayor's Court for trial, and to this end, said town Marshal, Mayor or Councilman, as the case may be, may summon any of the bystanders as a posse to assist in such arrest. Arrest of offenders. SEC. 9. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power in meeting assembled to pass all laws, rules, regulations, by-laws and ordinances that they may deem necessary for the government of said town of Tarrytown, the protection of the life, liberty and property of its citizens or sojourners therein, and in all matters safeguard the best interest of the people, and to that end shall have power to do all things needful and necessary that are not repugnant to the Constitution and Laws of the State of Georgia and of the United States. Police powers. SEC. 10. Be it further enacted by the authority aforesaid, That the said Mayor and Council shall meet regularly on the first Monday night in each month, and at such other times as may be necessary for the transaction of business that may regularly come before them. Meetings of Council. SEC. 11. Be it further enacted by the authority aforesaid, That at the first meeting of said Mayor and Council held after the passage of this Act said Councilmen shall proceed to elect from among their own number a Mayor pro tem., who shall hold office until his successor is elected and qualified, and that on the first regular meeting after the annual election of Councilmen, as herein provided, the

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Council shall so proceed to elect a Mayor pro tem., who shall hold office for one year, or until his successor is elected and qualified; and at the same time and in the same manner the Council shall elect from among their own number a clerk and treasurer and a town marshal, who shall each hold office for the time provided herein for Mayor pro tem., unless sooner removed for cause by the Council. Mayor pro tem. Other officers. SEC. 12. Be it further enacted by the authority aforesaid, That the Mayor of said town and in his absence, the Mayor pro tem., shall be chief executive officer of said town It shall be his duty to preside at all meetings of the town Council; to vote in all elections of officers elected by the Mayor and Council and to give the deciding vote in all other matters in case of a tie vote. It shall be his duty to see that all the ordinances by-laws, rules, regulations and orders of the Mayor or of the Mayor and Council are fully executed, and he shall have control of the Marshal of said town and his deputies, and he may appoint special police whenever he may deem it necessary. It shall be his special duty to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. It shall be his duty to audit and approve all proper claims for work done on or for material furnished for the streets or other property of the said town and to draw his warrant on the treasurer of the town for the amount so approved by him. He shall have the power to issue executions for all fines, penalties and costs imposed by him, and issue warrants for the arrest of all disorderly persons or those guilty or disorderly conduct, in said town, and in default of immediate payment of all fines, penalties, and costs imposed he may imprison the offender. It shall be his duty to hold

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the Mayor's Court as often as may be necessary for the trial of offenders against the ordinances of said town and for the exercise of such further jurisdiction as is given him by this Act. The fine imposed by said Mayor or Mayor pro tem., shall in no case exceed the sum of one hundred dollars, and the imprisonment shall be in the calaboose of said town, or in such other place for safe keeping as he may designate, and shall be for not longer than sixty days, or he may in lieu of imprisonment, sentence such offender to work upon the streets of said town for a period not to exceed sixty days from the date of such sentence or to date when the same is finally put into execution. It shall be his duty to appoint all committees which the Council may deem necessary, both standing and special, selecting them from among the members of the Council and such number as the Council may deem necessary. Duties and powers of Mayor. SEC. 13. Be it further enacted by the authority aforesaid, That when said Mayor or Mayor pro tem., holds a court in the town of Tarrytown, to try offenders against the ordinances of the town, he shall have the power to sit as a Justice of the Peace, and shall have the right and authority to commit to the jail of Montgomery County, or admit to bail, (provided the offense be bailable), for any violation of a State law, and the jailer of Montgomery County shall be authorized to receive all such persons so committed and delivered by said authorities to him the same as other prisoners committed to him. Commitments and appearance bonds. SEC. 14. Be it further enacted by the authority aforesaid, That the Mayor pro tem., in the absence or disqualification of the Mayor shall discharge all the duties of the Mayor. He shall take the same oath as is taken by the Mayor before entering upon the discharge of his duties and

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shall receive the same compensation as the Mayor when acting in his place. Duties of Mayor pro tem. Compensation of Mayor pro tem. SEC. 15. Be it further enacted by the authority aforesaid, That the office of clerk and treasurer shall be held by one and the same person who shall qualify and give the required bond when required to do so by the Council, or the office may be declared vacant by said Council. Before entering upon his duties as such officer he shall take and subscribe before the Mayor the following oath: I do solemnly swear that I will faithfully perform the duties of clerk and treasurer of the town of Tarrytown, so help me God. He shall give a good and sufficient bond, to be approved by the Council, in the sum of one hundred dollars, ($100.00), conditioned for the faithful performance of his duties as clerk and treasurer of said town, if so required by said Council. Clerk and treasurer, his oath and bond. SEC. 16. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk and treasurer to attend all meetings of the Council and to record all proceedings of the same in a book furnished by the town and kept for that purpose. He shall issue all processes, subpoenas and other papers which may be necessary for the enforcement of the ordinances of said town unless at some time he be absent from town or otherwise inaccessible, in which instance the marshal may issue such papers. He shall receipt for all moneys collected by or turned over to him. He shall attend at meetings of the Mayor's Court and keep a record of the proceedings therein in a book furnished by the town for that purpose. He shall promptly obey all summons from any committee that may be appointed by the Mayor, for any purpose pertaining to his office. Duties of clerk and treasurer.

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SEC. 17. Be it further enacted by the authority aforesaid, That the marshal shall qualify and give bond as hereinafter required when called upon so to do by the Council, or in default thereof the Council may declare the office vacant. Before entering upon the discharge of his duties or the assumption thereof, he shall take and subscribe before the Mayor the following oath: I do solemnly swear that I will faithfully and impartially perform the duties as Marshal of the town of Tarrytown and will account and pay to the Treasurer all moneys of the town that may come into my hands as such Marshal. So help me God. He shall give a good and sufficient bond in the sum of one hundred dollars ($100.00), to be approved by the Council, payable to the Mayor and Council of the town of Tarrytown, and their successors in office, conditioned for the faithful performance of his duties as marshal, when so required by said Council and to make the proper application of all funds that may come into his hands as such Marshal. Marshal, his oath and bond. SEC. 18. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal to preserve order and suppress all disorderly conduct in said town; to arrest all persons guilty of violating any of the ordinances of said town and confine such persons in the county jail or the town calaboose until they can be brought before the Mayor and tried, unless bond with good security approved by him be given for their apperance before said court. It shall be his duty to serve all warrants, execute all processes and serve all subpoenas and other papers which may be necessary for the enforcement of the ordinances of the town, when placed in his hands by the clerk, Mayor or a Councilman, and to arrest and bring before the Mayor at any time any person or persons that he may see violating the town ordinances, with or without process or

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warrant. It shall be his duty to collect all taxes due the town, giving his recipt for the same, which shall be a sufficient license for all persons doing business under a special tax. It shall be his duty to collect all fines and costs which may be imposed by the Mayor. Upon receiving any money belonging to the town, he shall turn it over to the treasurer at the first opportunity and take the Treasurer's receipt therefor. He may take and approve all appearance bonds which the town is empowered to exact from persons charged with town offences. He is hereby vested with such power as is necessary to enable him to perform all his duties under the ordinances of said town, and to this end he may enter houses and enclosures, if necessary. He shall wear a badge indicative of his office. He shall superintend all work on the streets of said town and see that they are kept in a condition satisfactory to the Council. Duties of marshal. SEC. 19. Be it further enacted by the authority aforesaid, That the Mayor shall receive fifty cents for each case tried by him to be paid out of the town treasury. That no other expenses except those especially provided for shall be paid or incurred against the town, except by order of the Town Council who are hereby empowered to provide for the incurring and payment of contingent expenses. Mayor's compensation. Other expenses. SEC. 20. Be it further enacted by the authority aforesaid, That the Clerk and Treasurer shall receive the following fees and no others, to-wit: For attendance upon each meeting of the Council and recording the proceedings thereof, ten cents for every one hundred words recorded by him; for attending each trial in the Mayor's Court and recording the proceedings of the same, fifty cents; for issuing executions, twenty-five cents each; for issuing subpoenas, ten cents each. Clerk's fees.

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SEC. 21. Be it further enacted by the authority aforesaid, That the marshal shall receive the following salary and fees, which shall be paid monthly, or at the time of doing the work, and none other, to-wit: Monthly salary in the sum of ten dollars; for taking and approving an appearance bond, fifty cents, to be paid by persons applying therefor before approval by the marshal; for each arrest, one dollar; for serving each subpoena, fifteen cents, to be paid only in case of conviction and payment of costs by defendant; for each levy, twenty-five cents; for each sale, five per cent. of proceeds; for all time given to looking after streets, the rate of one dollar per day. Salary and fees of marshal. SEC. 22. Be it further enacted by the authority aforesaid, That the streets of the town shall be under the general supervision of the marshal, who shall act under and by directions of the Council. The Council shall direct the working of the streets, the laying out and opening of the same, and all other matters needful for the improvement of the town. Working of streets. SEC. 23. Be it further enacted by the authority aforesaid, That every male person subject to road duty by reason of age qualification, who shall have resided within the town ten days next preceeding the time at which he shall be liable to street duty, except the Mayor and Councilmen who are hereby exempted, shall be subject to street tax or duty. Every person so subject to street duty shall be summoned to work the streets as often as may be necessary, not to exceed ten days in any one year; provided, that any person liable to street duty may relieve himself therefrom by the payment of a commutation tax, which shall be four dollars per year, payable quarterly at the first of each quarter. All summons to work the streets shall contain

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the same notice and other requirements as summons to work the roads under the State laws. Street duty or commutation tax. SEC. 24. Be it further enacted by the authority aforesaid That all contingent expenses for working, laying out, opening or improving the streets, and not otherwise provided for, shall be paid out of the general funds of the town arising from taxation or otherwise, by direction of the Council. Contingent expenses for working streets, how paid. SEC. 25. Be it further enacted by the authority aforesaid, That each person, firm or company owning or having control of either in their own right or in any other capacity, any real or personal property in the town of Tarrytown shall pay a tax thereon at the full market value thereof, at such per cent. as may be fixed by the Mayor and Council in each and every year, and all such persons shall by themselves or agents, on or before the 10th day of April in each year make return under oath to the clerk of all such taxable property owned or controlled by them, as aforesaid, at its true and full market value at that time and they shall pay a tax thereon by the first day of November thereafter to the Marshal of said town, in case such tax is advised by the Council. All persons firms or companies failing to make tax returns as aforesaid shall be liable to pay a double tax to be assessed by the Mayor and Council, according to the best estimate they may be able to make of the taxable property of such defaulter, and the clerk shall issue a tax execution against such defaulter and his property, which shall be directed to and levied by the Marshal on said property, and he shall sell the same at public outcry before the Mayor's office in said town, or before the Court House door in Mount Vernon, after advertising the same as Sheriff's sales are advertised if real estate, and if personal

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property by posting the advertisement in three different public places in the town of Tarrytown for ten days before the sale. The provisions of this section shall also apply to persons who make incomplete returns of their property, or return the same at less than the true value. The provisions of this Section shall also apply for the issuing of execution, levy and advertising for the collection of taxes when the property is returned and the tax is not paid within the time required. All the provisions of this Section shall also apply to the collection of special taxes hereinafter provided for Ad valorem tax. Returns. Defaulters. Executions and their enforcement. SEC. 26. Be it further enacted by the authority aforesaid, That each and every person or firm or company engaged in, or who shall engage in, either of the business occupatrons, herein enumerated shall pay the following named special tax for the privilege of carrying on such business in said town said special tax to be paid annually in advance as follows, to-wit: for each general mercantile business, $5.00; for each drug store, $2.00; for each blacksmith shop $2.00; for each livery and feed stable, $5.00; for each hotel $2.00; for each restaurant, $2.00; for each selling fish, $2.00; for each stallion or jack stood in the town, $5.00; for each grist mill, $2.00; for each gin, $1.00; for each millinery store, $5.00; for each store selling ladies hats, $2.00; for each gunsmith, $2.00; for each jeweler $2.00; for each artist $2.00; for each turpentine still, $2.00; for each selling sodawater, coca cola, gingerale, ice, and cold drinks, either one or all, $2.00; for each saw mill, $2.00; for each shingle mill, $3.00; for each selling patent medicine $2.00; for each traveling horse trader per day $1.00. Special taxes. SEC. 27. Be it further enacted by the authority aforesaid, That each of the following named itinerants shall pay

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a license tax for the privilege of plying their vocation in said town, said tax to be paid in advance, as follows, to-wit: for each circus or menageries, $5.00; for each every other show or exhibition for gain, $1.00; for each foot peddler, per day $2.00; for each wagon peddler per day, $5.00; for each sewing machine agent, $2.00; for each lightning rod agent, $5.00; for each retail patent medicine vender, $2.00; for each flying jenny, per day, $1.00. Itinerants' license tax. SEC. 28. Be it further enacted by the authority aforesaid, That anything within the corporate limits of said town that worketh hurt, inconvenience or danger to others, or tends to the immediate annoyance of the citizens in general, or is manifestly injurious to the health or safety of any of the citizens, or tends to corrupt the morals of the people, is hereby declared to be a nuisance and may be abated in the following manner, towit: Upon complaint being made by any citizens of the existence of any nuisance, the Mayor shall cause the clerk to issue a notice to the person or persons alleged to be maintaining or keeping up the same, or the owner of the premises whereon the same exists, two days notice to abate the same, or show cause before the Mayor and Council why the same should not be abated. After hearing the testimony in the case, if the matter or thing should be adjudged to be a nuisance, the Mayor and Council may order the marshal to abate it forthwith, and the clerk shall issue an execution against such person or persons, or the owner of the premises, for the amount expended in abating the same. Nuisances and their abatement. SEC. 29. Be it further enacted by the authority aforesaid, That the following named offenses are prohibited within the incorporate limits of the town of Tarrytown, and for conviction thereof the following punishment shall be

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imposed in each case, as follows, towit: (a.) For being drunk or disorderly in said town limits, or on the streets in said incorporate limits, a fine of not less than one dollar nor more than five dollars and costs of court, or be imprisoned in the county jail or town calaboose, or caused to work on the streets, of said town, not less than one nor more than ten days, said time or amount to be left in the discretion of the Mayor. (b.) For using vulgar or profane language, boisterously or in the presence of ladies, a fine of not less than one nor more than ten dollars, or imprisonment in the county jail or town calaboose, or caused to work on the streets of said town not less than one nor more than twenty days. (c) For fighting or using profane language or doing any act tending to cause a breach of the peace a fine of not less than one nor more than twenty dollars, or imprisonment in the county jail or town calaboose, or caused to work on the streets of the town not less than one nor more than twenty days. (d.) For discharging firearms of any kind within the town limits, unless it be a case of emergency, a fine or not less than one nor more than twenty dollars, or imprisonment in the county jail or town calaboose, or caused to work on the streets of the town not less than one nor more than twenty days. (e.) For disturbing in any manner religious exercises or those assembled for divine worship, a fine of not less than five nor more than twenty-five dollars, or imprisonment in the county jail or town calaboose, or caused to work on the streets of the town not less than five nor more than thirty days. (f.) For malicious mischief of any wanton act, injuring the property of the town or of an individual, a fine of not less than one nor more than twenty dollars, or imprisonment in the county jail or town calaboose, or caused to work on the streets of the town not less than one nor more than twenty days. (g.) For any act of public indecency, a fine of not

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less than one nor more than twenty dollars, or imprisoned in the county jail or town calaboose, or caused to work on the streets of the town not less than one nor more than twenty days. (h.) For keeping a bawdy house or a house of ill fame, a fine of not less than one nor more than twenty dollars or imprisonment in the county jail or the town calaboose, or caused to work on the streets of the town not less than one nor more than twenty days. (i.) For resisting the marshal while attempting an arrest, rescuing or attempting to rescue any person in the custody of the marshal, or aiding another to escape from the custody of the marshal, a fine of not less than five nor more than twenty-five dollars, or imprisonment in the county jail or town calaboose, or caused to work on the streets of the town not less than five nor more than twenty-five days. (j.) For refusing to assist the marshal, a Councilman or the Mayor in making an arrest or in suppressing disorderly conduct, when called on by either of them so to do, a fine of not less than one nor more than five dollars, or imprisonment in the county jail or the town calaboose, or caused to work on the streets of the town not less than one nor more than ten days. (k.) For refusing to work on the streets of the town when legally required so to do, or to pay in lieu thereof the commutation tax, when called on by the Marshal so to do, a fine of not less than one nor more than twenty dollars, or imprisonment in the county jail or the town calaboose, or caused to work on the streets of said town not less than five nor more than twenty days. (l.) For betting at cards or other games of chance for money or anything of value, a fine of not less than one nor more than thirty dollars, or imprisonment in the county jail or town calaboose, or caused to work on the streets of said town not less than one nor more than thirty days. (m.) For carrying concealed weapons or weapon, a fine of not less than five nor

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more than thirty dollars, or imprisonment in the county jail or the town calaboose, or caused to work on the streets of said town not less than five nor more than thirty days. (n.) For shooting sling shots, a fine of not less than one nor more than five dollars, or imprisoned in the county jail or the town calaboose, or caused to work on the streets of said town not less than one nor more than ten days. (o.) For permitting a horse or mule to run at large within the town limits, a fine of not less than one nor more than five dollars, or imprisonment in the county jail or the town calaboose, or caused to work on the streets of said town not less than one nor more than ten days. (p.) For engaging in any business in the town for which a license tax is required before paying the tax as required, a fine of not less than one nor more than thirty dollars, or imprisonment in the county jail or the town calaboose, or caused to work on the streets of said town not less than one nor more than thirty days. (q) For keeping up or maintaining a nuisance or permitting the same to remain on one's premises after having been notified to abate the same, a fine of not less than five nor more than fifty dollars or imprisonment in the county jail or town calaboose, or caused to work on the streets of the town not less than five nor more than thirty days. (r) For selling liquor, whiskey, jamaica ginger, near beer or any other intoxicating liquor or bitters of any kind, a fine of not less than five nor more than fifty dollars or imprisonment in the county jail or the town calaboose, or caused to work on the streets of said town not less than five nor more than fifty days. Offenses and their punishment. Drunk or disorderly. Vulgar or profane language. Fighting and profanity. Discharging firearms. Disturbing religious exercises, etc. Malicious mischief. Public indecency. Bawdy house. Resisting arrest. Refusing assistance to marshal. Refusing to work on streets or pay commutation tax. Betting. Concealed weapons. Shooting slingshots. Permitting horse or mule to run at large. Engaging in business without a license. Keeping up or maintaining a nuisance. Selling liquor, etc. SEC. 30. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power to pass ordinances and regulations for the prevention of idleness

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and loitering within the corporate limits of said town, and to prescribe penalties for violation thereof. Idleness and loitering. SEC. 31. Be it further enacted by the authority aforesaid, That the Mayor and Council shall build, erect, and maintain a guard house or calaboose for their use in the confinement of offenders and to be used in any and all ways necessary to carry out the provisions of this Act. Prison. SEC. 32. Be it further enacted by the authority aforesaid, That the sale of spirituous, malt, vinous or other intoxicating liquors or beverages shall never be licensed in said town of Tarrytown, and the manufacture and sale thereof is hereby forever prohibited in said town. Prohibition. SEC. 33. Be it further enacted by the authority aforesaid, That all vacancies occuring in the offices of said town shall be filled at any time by the Mayor and Council, excepting vacancies in the offices of Mayor and Council, which shall be filled by an election ordered by the Mayor and Council for that purpose. Vacancies, how filled. SEC. 34. 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 19, 1912. THOMASVILLE, CITY OF, CHARTER AMENDED. No. 437. An Act to amend the charter of the City of Thomasville, approved October 3rd, 1889, and Acts amendatory

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thereof so as to provide for special registration for elections required to incur any bond indebtedness of said city, to provide for biennial election of the officers of said city 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 when said city shall desire to incur any bonded debt, as prescribed in paragraphs 1 and 2 Section 7, Article 7 of the Constitution of 1877, That forty days prior to the election required, the Mayor shall direct the ex-officio registrar of said city, to open books of registration, and said registrar shall keep same open at his office in said city from 9:00 a. m. to 6:00 p. m. every day Sunday excepted up to ten days before said election and shall register all male persons who apply in person, and not by proxy, within the time prescribed and who will take and subscribe the following oath which said registrar is hereby authorized to administer, to-wit: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States that you have resided in this State for the past twelve months and in the County of Thomas for the past six months that you have paid all State and county tax required of you since the adoption of Constitution of 1877, except for this year; that you have never been convicted of a felony or larceny, that you have resided in the corporate limits of the City of Thomasville for the past six months, and have paid all taxes legally required of you, including street tax and any license tax, and have considered this city your home for that length of time; so help you God. Any person who shall take the said oath, and shall swear falsely in so doing, shall be guilty of false swearing, and shall on conviction therefor, be punished as prescribed in Section 1065 of the Code of 1910

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each person so registering shall give the street, block and number or other designation of his residence in said city, which shall be recorded along with his name in the book of the registrar for that purpose. That said registrar shall publish once in each week, while the books are open, an alphabetically arranged list of the persons so registered, and after the books are closed said list shall be published at least three successive times in the paper or papers of said city doing the city printing. Thomasville, City of, special registration for bond election. SEC. 2. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen shall, fifteen days prior to said election elect by ballot, three citizens of said city, who shall constitute and be known as a special board of registrars. They shall qualify by taking the following oath before any officer authorized by law to administer oaths, to-wit: I swear that I will diligently and impartially examine and revise the special registration list of the city of Thomasville according to the laws governing the same, to the best of my ability, so help me God, which oath shall be subscribed by them and filed with the City Clerk for record on his minutes. The Registrar of said city, as soon as possible after the closing of the special registration books hereinbefore required, shall deliver the same, together with three printed lists of the names of persons registered therein, to said Board of Registrars, whose duty is shall be to diligently and thoroughly examine the same for the purpose of ascertaining if any person has registered illegally, and to this end may summon all persons as to whose right to register they may entertain any doubt, either from examination of the tax book of the city, State or county, the criminal records, or for any other cause to appear before them and show why their names should not be stricken from the registration books and lists. Said summons shall

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be served by the marshal or any policeman of said city. Should said examination show to the satisfaction of a majority of said board that the person summoned is not entitled to registration under existing laws, his name shall be stricken from said book and list; and should he fail to appear as required, they shall proceed as though he was present. After a thorough examination and revision, said board shall return said book and one of said lists to the Registrar of said city, under their certificate as correct, who shall have alphabetical list of all names remaining thereon printed, and furnish three copies thereof to the election managers on the day of the said required election, certified to by him as a correct copy of the registration list for said city, for said required election, as revised by the Board of Registrars, and no person shall be allowed to vote at said election whose name does not appear upon said list. Said registrars shall be paid out of the city treasury such amount not exceeding twenty-five dollars ($25.00) each, as may be fixed by the mayor and Council. Special board of registrars. Oath. Duties of Board of Registrars. Compensation of registrars. SEC. 3. Be it further enacted by authority aforesaid that all provisions of said Charter providing for annual elections of Mayor, Aldermen, Clerk, Marshal, Treasurer, and Sexton of said city be and the same is hereby repealed. And hereafter the terms of office of said Mayor, Aldermen, Clerk, Marshal, Treasurer and Sexton shall be for two years instead of one as heretofore and the successors of the present Mayor, Aldermen, Clerk, Marshal, Treasurer and Sexton shall be elected at the election on the third Tuesday in January 1913 for the term of two years and until their successors are elected and qualified. And the election for said officers shall be held biennially thereafter. All vacancies shall be filled as now provided. Officers, election of, when held, and terms of

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SEC. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved August 13, 1912. THOMASVILLE, CITY OF, ELECTION TO AMEND CHARTER. No. 574. An Act to amend An Act to reincorporate the town of Thomasville as the City of Thomasville; to confer additional powers on said corporation, and to codify, amend and supersede all previous Act incorporating the town of Thomasville and grant a new charter to said town under the name of the City of Thomasville, and for other purposes, approved October 3rd, 1889, so as to provide for paving and regulations regarding paving and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above recited Act be amended by striking all of Section 22 of said Act, and in lieu thereof, inserting the following words, to be known as Section 22, of said Act, to-wit: Be it further enacted by the authority aforesaid, That the Mayor and Board of Aldermen of the City of Thomasville shall have power and authority to open, lay out, widen, straighten, or otherwise change the streets, avenues, alleys, sidewalks, crossings or other passage ways of said city and shall have the power to vacate, close up, open, alter,

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regrade and fill, curb, pave drain and repave same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing and maintaining the same, and shall have also the power of curbing and paving the whole, or any part, of any street, avenue, alley, sidewalk, crossing or other passage ways of the city. They shall also have power to prescribe by ordinance for the curbing, paving of all squares, triangles, and intersections of said City; as they may deem necessary from time to time; they shall prescribe the kind of material to be used in such construction and shall fix the time when notice shall be given, and when the work shall be completed; to supervise the construction, of the same, and have power to reject any work not performed in compliance with such prescribed regulations. They shall have full and complete power and authority to require any street, avenue, alley, sidewalk, street-crossing, or railroad crossings, or other passage to be paved, in such manner and with such material as they may determine by resolution or ordinance. One-third ofthe expense of paving the driveway of the streets, lanes and alleys, 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 shall be borne by the abutting property owners in just proportion to the foot frontage of their property thereon. One half of the expense of curbing sidewalks shall be borne by the city, and the other half by the abutting property owners in just proportion to the foot frontage of said property. Whenever the Mayor and Board of Aldermen shall have paved any street, avenue, alley, sidewalk, street crossing or railroad crossing or other passage ways in said city or caused the same to be done, they shall require the city clerk to notify in writing all persons owning property abutting or fronting thereon,

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by mailing said notice by registered mail to the last known address of such property owner, of the amount assessed against said property therefor; and it shall be the duty of said property owners to pay into the treasury of the city, within sixty days after said notice is mailed, the amount assessed against their property. And in case any property owner shall fail or refuse to do so, the city clerk is authorized and empowered to issue instanter, an execution against said owner and against said property which execution shall be assignable as tax executions of said city are now assignable, and 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 marshal or chief of police, 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 Sheriff's. Said marshal or Chief of police shall make to the purchaser a good and valid deed thereto conveying title as fully as the Sheriff's of this State are authorized to do at public sales under judgment and execution. The City of Thomasville 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 marshal or chief of police being authorized and empowered to proceed at once to disposses said owner, and put the purchaser at said sale in possession; provided, that prior to paving any streets, lanes or alleys, or any portion of any street, lane or alley, either as to its sidewalks, driveways, or curbing, the Mayor and Board of Aldermen, by resolution passed at a regular meeting of Council, shall designate the streets, lanes or alleys, or the portion thereof, the city proposes to pave, and the amount of paving to be done thereon, either as to sidewalks, drive-ways, or curbing, and shall direct the city clerk to notify the persons owning property

Page 1488

fronting on the streets, lanes or alleys, designated in said resolution of the purpose of the city as expressed in said resolution said notice to be given by publishing daily for not less than fifteen days, Sundays excepted in the newspaper in which the proceedings of the City Council are published, a certified copy of said resolution, and; provided, further, that prior to beginning the work designated in said resolution the Mayor and Aldermen shall procure the written consent of those owning the majority in frontage of the property fronting upon the streets, lanes or alleys, or portion thereof designated in said resolution, or said work to be done; provided, that this Act shall not become operative until the same has been submitted and approved by a majority of the qualified voters of said city voting at the general election held for the election of officers thereof, on the 3rd Tuesday in January, 1913, at which election those favoring the Act shall vote for pavement amendment and those against shall vote against pavement amendment, the result of which shall be declared by the managers of said election. City of Thomasville, authority of Mayor and Board of Aldermen over streets, etc. Laying out, constructing and maintaining streets, etc. Paving. Assessments, how apportioned. Payment of assessments. Executions for assessments and their enforcement. Notice of resolution to pave, etc. Election to ratify this Act. 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 19, 1912. VALDOSTA, CITY OF, CHARTER AMENDED. No. 345. An Act to amend an Act incorporating the City of Valdosta, Georgia, approved November 21, 1901, Acts 1901, page No. 670 and Acts amendatory thereof, and to extend

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the limits of the City of Valdosta as defined in said Act, so that the limits of said city, in addition to the boundary described in said Act, shall include certain territory or the north, east and west of the limits of said city as prescribed by said Act, said extension to be embraced within the boundary defined by this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That An Act to incorporate the City of Valdosta, approved November 21, 1901, Acts 1901, page No. 670, and the several acts amendatory thereof be and the same are hereby amended so as to extend the corporate limits of the City of Valdosta, so that, in addition to the boundaries defined in the Act approved November 21, 1901, Acts 1901, page No. 670, said boundaries shall be extended so as to include on the northern, eastern and western limits of the present boundary of the City of Valdosta, the following described additional territory. Said limits shall be extended as follows: Beginning at a point at the city limits of the City of Valdosta one mile from Court House Square and four hundred eighty feet east of Ashley street, running north four degrees and thirty minutes west a distance of three thousand five hundred and seventy-five feet thence west five degrees, south of distance of four hundred eighty feet, thence north four degrees and thirty minutes west a distance of five hundred feet; thence west two degrees and thirty minutes south a distance of four thousand and one hundred feet thence south fifteen degrees west a distance of two thousand and five hundred thirty feet; thence South twenty-seven degrees east a distance of two thousand one hundred feet; thence south seventy-three degrees west a distance of two thousand one hundred

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twenty-five feet; thence South nine degrees thirty minutes west a distance of seven thousand eight hundred twenty-five feet thence south fourteen degrees east a distance of eleven hundred fourty feet; thence south six degrees east a distance of eleven hundred seventy feet; thence south eighty-six degrees east a distance of thirty-six hundred feet to the corporate limits of said city of Valdosta in Dukes Bay. Valdosta, City of, corporate limits extended. 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 29, 1912. VALDOSTA, CITY OF, CHARTER AMENDED. No. 325. An Act to amend an Act chartering the City of Valdosta, Georgia, approved November 21, 1901, Acts 1901, page 670 as amended, so as to authorize the Mayor and Council of the City of Valdosta to levy, in addition to all other taxes now assessed and levied by said city, a tax not exceeding four mills on all property within the corporate limits of said city for the purpose of raising twenty-two thousand dollars with which to pay for a site for the Agricultural, Industrial and Normal College, as has been established under the provisions of the Act of the General Assembly of the State of Georgia, approved August 18, 1906, Acts 1906, page 75 or such other college as may hereafter be established under any

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Act of the General Assembly of the State of eGorgia, in the County of Lowndes, and to appropriate said sum for said purpose, to provide for raising said sum by local taxation during the year 1912, 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 chartering the city of Valdosta, approved November 21, 1901, Acts 1901, page 670, and the several Acts amendatory thereof, be and the same are hereby amended so as to authorize the Mayor and Council of the said City of Valdosta to appropriate the sum of twenty-two thousand dollars to the Agricultural, Industrial and Normal College, in Lowndes County, in or near the City of Valdosta, as a branch of the University of Georgia, as established by the Act of the General Assembly of Georgia, approved August 18, 1906, Acts 1906, page 75, or such other college as may be established in Lowndes County, in or near the city of Valdosta, as a branch of the University of Georgia, by an Act of the General Assembly of the State of Georgia. Valdosta, City of, appropriation to the Agricultural industrial and Normal College, in Lowndes County. SEC. 2. Be it enacted by the authority aforesaid, That the Mayor and Council of the city of Valdosta shall be authorized to assess and levy, during the year 1912, an advalorem tax on all the taxable property within the corporate limits of said City of Valdosta, in addition to all other taxes now assessed and levied by said city, sufficient to raise the sum of twenty-two thousand dollars mentioned in Section one of this Act; provided that said tax shall not exceed four mills. Tax levy to raise $22,000 to meet appropriation. SEC. 3. Be it further enacted by the authority aforesaid, That said tax shall be assessed, levied and collected

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in the same manner as other taxes, and when collected, shall be paid over by the Mayor and Council of said City to the treasurer of the board of trustees or other proper authorities of said college to pay for and accept a deed to said site. Said tax, how assessed, levied and collected. 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 July 26, 1912. VANNA, TOWN OF, INCORPORATED. No. 556. An Act to incorporate the town of Vanna, in the County of Hart, to define the corporate limits thereof, to prescribe for the election of officers; to prescribe their powers, duties and compensation; to provide for the working on the streets in said town, and the 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 same that from and after the passage of this Act the town of Vanna, in the County of Hart, be and is hereby incorporated under the name of Vanna, by which name it may sue and be sued, plead and be impleaded. Vanna, town of, incorporated. SEC. 2. Be it further enacted that the corporate limits of said town shall extend one-half of a mile in every direction from The Mail Crane on the Southern Railway as

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now located in said town. The said mail crane 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 term of office shall be one year, and who shall be elected by the qualified voters of said town on the first Monday in December of each year the first election under this Act to be held on the first Monday in December, 1912. Said election shall be held and conducted in the same manner as are elections for members of the General Assembly and any person residing in said town thirty days prior to time of an election and otherwise qualified to vote for members of the General Assembly shall be eligible as an elector. Mayor and Councilmen. SEC. 4. Be it further enacted that the term of office of Mayor and Councilmen shall begin on January 1st after their election, as prescribed in Section 3 of this Act, and they shall hold for one year, or until their successors have been elected and qualified. Terms of office of Mayor and Councilmen. SEC. 5. Be it further enacted that D. M. Denny shall Act as Mayor of said town from and after the passage of this Act upon his taking oath before any person authorized under the laws of this State to administer an oath, To faithfully perform the duties of Mayor of said town as provided in this Act until January 1st, 1913, or until his successor has been elected and qualified, and that A. H. S. Ginn, G. T. Prather, Vester Burton and A. H. Ginn shall act as Councilmen of said town until January 1st, 1913, or until their successors have been elected as prescribed in this Act. First Mayor and Councilmen.

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SEC. 6. Be it further enacted that said Mayor and Council shall elect one of their Council as clerk, and also elect a marshal and may pay such compensation to said marshal as they may deem proper. Clerk. Marshal, and his compensation. SEC. 7. Be it further enacted that said Mayor and Council shall have authority to cause the roads, streets, and lanes of said town to be worked by the residents in said town who are subject to road duty under the laws of the State of Georgia, and levy such road tax as they may deem for the best interest of said town, provided said Mayor and Council shall not be authorized to elect more than Two dollars per capita from those subject to road duty. 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 transacting 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 fine of not more than twenty-five dollars, or by work on the public road or streets of said town for not more than thirty days, either or both of said penalties. The Mayor and Council shall have authority to fix the cost in all such cases of violation of ordinances of said town and upon conviction said cost shall be taxed against the offender so convicted. Street duty or commutation tax. Powers of Mayor and Councilmen. SEC. 8. The Mayor and Council shall be empowered to levy a tax for the support of the government of said town not to exceed one half of one mill, and shall fix compensation

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of all employees of said town except the Mayor and Councilmen, who shall serve without compensation. Taxation. SEC. 9. 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, in the same manner as taxes are collected by the State of Georgia, for State and County taxes, provided, all sales for the collection of taxes, fines and assessments, under this Act, except sales of real estate, shall be conducted by the marshal of said town before the door of Council Chamber, to be designated by said Mayor and Council. Taxes, collection of, how enforced. 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 19, 1912. VILLA RICA, CITY OF, NEW CHARTER FOR. No. 617. An Act to amend the charter of Villa Rica, in the Counties of Carroll and Douglas, and for other purposes; an Act to amend an Act approved September 13th, 1883, and Acts amendatory thereof; to provide for a new charter under the corporate name of City of Villa Rica; to provide that all valid contracts heretofore entered into by the Town of Villa Rica, or by its authorized officials shall be good and valid for or against the City

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of Villa Rica; to provide that all by-laws and ordinances heretofore passed, not in conflict with this charter, shall be binding and enforceable; to define and extend its corporate limits; to provide for a government for the city, and to confer certain rights, powers and privileges on same; to continue and confirm certain powers heretofore granted to said corporation; to provide for water works and sewerage systems, streets and public improvements, electric lights or gas plants; to authorize the City of Villa Rica to issue bonds or other evidence of debt for public purposes; to provide for taxation and the granting of license to all kinds of business, trades, callings, or professions; to fix fire limits; 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 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 Villa Rica, and the territory embraced in the proposed corporate limits of the City of Villa Rica, in the Counties of Carroll and Douglas, and State of Georgia, be and they are hereby incorporated under the name and style of the City of Villa Rica, and by that name shall have perpetual succession, and is hereby invested with all rights, powers and privileges incident to municipal corporation in this State; and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limts, now belonging to the town of Villa Rica shall be, and are, hereby vested in the City of Villa Rica, as created and reincorporated by this Act; the said City of Villa Rica as incorporated in this Act may

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in its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its Mayor and Council all such ordinances, by-laws, rules, regulations and restrictions for the transaction of its business and peace, good order, health, welfare and proper government of said city, 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. Said City of Villa Rica shall have the right and power to purchase, hold, rent, lease, exchange, enjoy, possess and retain in perpetuity or for any term of years, any property, estate, or estates, real or personal, lands, tenements and hereditaments of whatsoever kind within or without the limits of said city for corporate purposes. Said City of Villa Rica 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 town of Villa Rica, its Mayor and Council, as a body corporate, as heretofore and in previous Acts or Court orders incorporated. Villa Rica, City of, incorporated. Charter powers. SEC. 2. CORPORATE LIMITS. Be it further enacted, That the corporate limits of the City of Villa Rica shall extend three-fourths of one mile in every direction from the Southern Railroad depot, which is now located in the center of the town of Villa Rica, and on the west side of said city, the corporate limits shall extend to and around the cemetery, so as to include the cemetery within the corporate limits of said City of Villa Rica. Corporate limits. SEC. 3. MAYOR AND COUNCIL. Be it further enacted, That the municipal government of said City of Villa Rica shall be and is hereby vested in a Mayor, clerk and five Councilmen.

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That all of the present officers of the town of Villa Rica shall continue in office until the first Thursday in January, 1913, or until their successors are elected and qualified, which said officers shall exercise all powers and authorities conferred on them by this charter. Mayor and Council. SEC. 4. Be it further enacted, That on the first Thursday in January, 1913, there shall be elected for said city by the qualified voters herein, a Mayor, clerk and five Councilmen and annually thereafter on the first Thursday in January, a Mayor, clerk and five Councilmen. All elections for Mayor, clerk, Councilmen under this charter shall be by ballot. The term of office of the Mayor, clerk and Councilmen elected under the provisions of this charter shall be one year, commencing on the first Tuesday in February next after their election, and until their successors are elected and qualified. On the first Tuesday of February after their election, the Mayor, clerk and Councilmen-elect shall meet at the court house or other usual place of holding Council meetings in said city, and there shall severally take before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as Mayor (clerk or Councilman, as the case may be), of the City of Villa Rica for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city, to the best of my ability, without fear or favor, and in all my actions as Mayor (clerk or Councilman) act as I believe for the best interest of said city, so help me God. Should the Mayor or any Councilman or the clerk 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

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meetings as the business of the city may require, to be convened as provided by ordinance. In the event the office of Mayor or clerk, or any one or more of the Councilmen shall become vacant by death, resignation, removal from the city, 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 city, or if none such, then in the newspaper in said County of Carroll 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, clerk, and Councilmen, as hereinafter prescribed; provided, that in case such vacancy or vacancies occur within sixty days preceding the regular election in said city, then, in that event the said vacancy or vacancies, may be filled by the Mayor and Council, or by the Mayor pro tem., in case of vacancy in the Mayor's office, and persons so elected as Councilmen or the Mayor pro tem., as the case may be, shall be duly empowered and qualified to fill such vacancies until the regular election. Should the Mayor or clerk or any member of Council fail or refuse to perform the duties of his office for a period of two consecutive months, 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 of Mayor and Council and Clerk. Terms of office. Oath of officers. Meetings. Vacancies, how filled. SEC. 5. MUNICIPAL ELECTIONS. 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 City of Villa Rica, shall be managed by three freeholders, who shall be citizens of said city and freeholders therein, each of said managers

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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 the city court house in said city, and the voting shall be by ballot. The polls shall be opened at 8 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 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 pay of managers and clerks. Municipal elections, how held. 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 city marshal of said city of Villa Rica. The other list of voters and tally sheet shall be placed in a package and sealed and delivered forthwith to the treasurer of said City of Villa Rica. If an election in said city is contested, notice of said contest must be filed in writing with the Ordinary of Carroll 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

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after 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 notice and copy of contest to be served on the Mayor, and published one time in any paper published in said city or if none such newspaper, then 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 contestants 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. Municipal elections, returns of. Contests. SEC. 7. QUALIFICATION OF MUNICIPAL VOTERS. 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 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. Qualification of voters. SEC. 8. REGISTRATION OF VOTERS. Be it further enacted, That it shall be the duty of the clerk of said city to provide for the registration of such persons as are qualified to vote

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in the elections to be held in said city, and the books kept for that purpose shall be opened at least sixty days before the election and closed five days prior to the election, when said books shall be fairly and absolutely closed. It shall be the duty of the clerk, upon application in person, and not in 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 city and who upon the day of election, if then a resident, will then have resided in said city for ninety days prior thereto, to allow such persons to register his name and color, recording on said book besides the applicant's name, his age, occupation or business and the street on which he resides. Said clerk shall not knowingly permit anyone 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 Villa Rica for three months next preceding this registration, or that by date of next city 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 the taxes due the city of Villa Rica 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 city 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, under his official signature and seal of office, at or before the polls are opened. The

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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 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 city 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. 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 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 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 filing said certificate with the managers, such person shall be allowed to vote. 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. 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

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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 such person may show cause, if any, why such action should not be taken. Registration of voters. SEC. 9. QUALIFICATION OF MAYOR AND COUNCILMEN. Be it further enacted, That no person shall be eligible for office of Mayor or Councilman of said city unless he shall have resided in said city not less than one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city, 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 city. Qualifications of Mayor and Councllmen. SEC. 10. MUNICIPAL OFFICERS, THEIR SALARIES AND DUTIES. 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, 1913, and annually thereafter 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 treasurer for said city, and a marshal, who shall 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 water works, and other employees of said department whenever water works are established, and

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such other city officers as the Mayor and Council shall deem necessary in the government of said city, 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 City of Villa Rica. Said Mayor and Council shall have 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 salaries, fees or compensation of all the officers, agents or employees of said city, 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 1912, and biennially thereafter, which said salary shall not be changed during the term for which a Mayor is elected. Municipal officers, their salaries and duties. Mayor pro tem. Treasurer. Marshal. City Attorney. Superintendent and employees of water works department. Oaths and bonds of officers. Salaries. Terms. Mayor's salary. 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 the Mayor pro tem., or 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 city funds, or fixing the salaries of officers, agents, or employees shall be by the yeas and nays, duly recorded on

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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 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 city, 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. Quorum. Veto power of Mayor. SEC. 12. DUTIES OF THE MAYOR. Be it further enacted, That the Mayor of said city shall be the chief executive officer of the City of Villa Rica. He shall see that all laws, ordinances, resolutions, and rules of said city are faithfully, fully and impartially executed and enforced and that all of the officers, employees and agents of said city faithfully and impartially discharge the duties required of them. He shall have the general supervision and jurisdiction of the affairs of said city, 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 all boards authorized by law in said city now in existence or hereafter created Duties of Mayor. SEC. 13. DUTIES OF MARSHAL AND POLICE. Be it further

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enacted, That it shall be lawful for the marshal, or any police officer of said city to arrest without warrant any person or persons, within the corporate limits of said city, who, at the time of said arrest, or before that time, has or have been guilty of violating any ordinance of said city, or who he has reasonable belief on 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 city prison, or in the jail of either Carroll or Douglas Counties, for a reasonable length of time. The marshal 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 person with violating the criminal laws of this State. The marshal and police officers of said city are also authorized to arrest anywhere within this State any person charged with violating any ordinance of said city; 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 city, except in obedience to written warrant signed by the Mayor, or Mayor pro tem. The said marshal or any police officer may take bonds for the appearance of any person arrested by them for violations of city 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 or Mayor pro tem. The Mayor and Council of said city shall have power and authority to authorize and empower the marshal or any police officer of said city to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any criminal law of this State, and to provide

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punishment for any person or persons failing or refusing to obey such summons. Duties of marshal and police. SEC. 14. OFFICIAL FEES. 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 city, which fees and costs, when collected, shall be paid into the city treasury and accurate accounts kept thereof. All compensation of any paid officer or official of said city shall be, by salaries fixed by ordinance, and regularly drawn from the treasury by the customary warrants, and no officer of said city shall receive or be entitled to receive any other compensation than so fixed, nor any part of the fees or costs as above provided. Fees of officers. SEC. 15. MAYOR'S COURT. 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 said city may hold and preside over a Court in said city of Villa Rica, to be the Police or Mayor's Court, for the trial of all offenders against the laws and ordinances of said city as often as necessary. Said Court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and punish for contempt. Said Court shall have full authority and power to punish after conviction, all violations of the charter or any ordinance of said city by fine, not to exceed one hundred dollars, by imprisonment in the city prison, or in the county jails of either Carroll or Douglas Counties (having previously arranged such with the county authorities), not to exceed fifty days and to work on the streets of said city in the city chaingang or on such other public works as the Mayor,

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Mayor pro tem. or presiding Councilman may direct, not to exceed sixty days; and any one or more of these punishments may be inflicted by the Mayor, Mayor pro tem., or presiding Councilman, in his discretion, and the fine imposed may be collected by execution. The Mayor, or Mayor pro tem., or presiding Councilman shall have the power in said Mayor's or Police Court if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case; or if, on the trial of any offender before said Court, it develops from the evidence that he or she is probably guilty of a violation of any criminal law of this State, to commit the offender or offenders to jail or bail them, if the offense is bailable, by the Justice of the Peace to appear before the next Superior or City Court having jurisdiction of said offense. Mayor's Court, its jurisdiction and powers. 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 Mayor's Court for a violation of any of the city 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 forefeited by the Mayor, Mayor pro tem., or presiding Councilman, and an execution thereon after serving the defendant, if any to be found, and his security, with a rue nisi, at least five days before the hearing of said rule nisi, requiring of them to show cause why said bond should not be forfeited. Appearance bonds. SEC. 17. CHAINGANG. Be it further enacted, That the Mayor and Council of said City of Villa Rica shall have

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power and authority to organize one or more chain or work gangs, and to confine persons therein who have been sentenced by the Mayor's Court to work on the streets or public works of said city, 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 enforce same through its proper officers. Chaingang. SEC. 18. TAX ASSESSORS. Be it further enacted, That the Mayor and Council shall at their first regular meeting in February, 1913, elect a board of tax assessors for said city, to be composed of three citizens, qualified voters and freeholders in said city, whose duty it shall be annually to assess the true cash market value of all real estate situated in said city, subject to taxation, and to make returns of the same to clerk of Council at such time as may be fixed by ordinance by the Mayor and Council. At the first election under the provisions 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 City of Villa Rica and assess all property in said city, subject to taxation, at its true cash market valuation, to the best of my skill and knowledge. So help me God. Tax assessors.

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SEC. 19. 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 city, and in case of failure to make true returns 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 city, 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 three disinterested freeholders, citizens of the City of Villa Rica, the dissatisfied person to select one, the clerk of Council one, and the two select the third; provided, said appeal be filed within thirty days after the return of said assessment and if they disagree, a majority of whom shall fix the assessment and the same shall be final. Returns and assessments. Appeal from assessments. SEC. 20. 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 city 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

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in installments, and at different periods; provided, that all shall become due and payable not later than October 15 of each year. Collection of taxes. SEC. 21. TAXES. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the City of Villa Rica, the Mayor and Council of said city shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds, and other evidences of debt, money used in banking and every other species of property in said city or owned and held therein subject to taxation; said tax not to exceed one dollar on the one hundred dollars exclusive of the taxes required and sufficient to pay the annual interest on the bonded indebtedness of said city, 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 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 city and to provide for neglect or refusal to comply with same, as elsewhere provided in this Act. Ad valorem tax. SEC. 22. LICENSES AND OCCUPATION TAXES.. 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 city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the

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corporate limits of said city, by themselves or by their agents, to register their names, business, calling, vocation or professions annually, and to require said persons, 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 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. Licenses and occupation taxes. It shall not be within the power or authority of said City of Villa Rica, its Mayor and Council, or any official therein to give or grant any license, to conduct or carry on any business, vocation or calling in said city, in violation of the laws of the State of Georgia in reference to the observance of the Sabbath day, nor shall said city, 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 city 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

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acts and articles being hereby declared a public nuisance and not for the peace, welfare and good order of said city. Prohibition. SEC. 23. 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 city and used for purposes of hire, renting or of gain, or used, or kept in any public place or store to attract trade or patronage, or for the use of which any charge is made, and to charge for such license, if granted, such sum as the Mayor and Council may fix by ordinance, for the calendar year or any part thereof and payable in full in advance. Regulation and license of billiard tables, pool tables, etc. SEC. 24. 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 city operating 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 city, trades of all kinds itinerant dealers, 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 city, and all persons selling goods, wares or merchandise of any kind 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. Regulation and control of markets, places of amusement, vehicles, itinerants, etc. SEC. 25. Be it further enacted, That it shall not be lawful for any person, firm, company or corporation to

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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 city, 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 public nuisance and it is hereby made the duty of the Mayor and Council of said city 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 marshals and policemen of said city shall have full power and authority to enter, and if necessary, to break open, and enter any place in said city when the Mayor and Council may order the same upon reasonable cause to believe or to suspect that the above prohibited articles are therein being manufactured, or stored for sale, or other use contrary to the provisions of this section and to seize the same and the apparatus for selling the same; and said Mayor and Council shall have full power and authority to abate as a nuisance any place in said city 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. Prohibition. SEC. 26. COMMUTATION STREET TAX. Be it further enacted, That the Mayor and Council of said city shall have

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power and authority to require and compel and make persons between the ages of twenty-one and fifty, subject to road duty under the laws of Georgia, resident in said city, to work on the streets of said city not to exceed three days in each year, at such time and place 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 on 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 Mayor's Court of said city, shall be fined in a sum not to exceed ten dollars or imprisoned in the city prison, or by labor on the chaingang of said city 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 duty or commutation tax. SEC. 27. DOG TAX. Be it further enacted, That the Mayor and Council shall have power and authority to impose a tax on dogs owned and 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 provision of this Section, and may authorize and direct the marshal and police officers of said city to impound or kill any dog or dogs, at large, within the limits of said city, whose owner has failed or refused to pay said tax or who fails or refuses to otherwise comply with any such ordinance or regulation. Dog tax. SEC. 28. STREETS AND SIDEWALKS. Be it further enacted, That the Mayor and Council of the said city shall have full,

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complete and exclusive control of the streets, alleys, sidewalks, parks and squares in said city and of the use thereof 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 the street lines and sidewalks of said city, 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 Sections 5206 to 5235, inclusive, Volume 1, of the Code of Georgia of 1910, and the Acts amendatory thereof. The Mayor and Council may abandon or discontinue such proceedings at any time upon payment of accured 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 city, 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 re-establish the grades of any street or sidewalk, crossing, or of any street or sidewalk, now or hereafter opened or laid out in said city, and to order and compel compliance therewith and observance thereof, by any street railroad company occupying, or using, or crossing such street or sidewalk or any part thereof. Authority of Mayor and Council over streets, sidewalks, etc. SEC. 29. 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

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of said city, 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 pay onehalf of the actual cost of paving sidewalks and placing curbing by the same out of the treasury of the city. Said Mayor and Council shall have full power and authority to assess one-half the actual cost of paving sidewalks and placing curbing by the same, against the real estate abutting on the sidewalk, but only on the side of the street on which the sidewalk is improved, if on one side only. Any street railroad company or other 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, 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 city 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. Grading, paving, etc., of streets, sidewalks, etc. Assessments. Street, railroad or other railroad company, duty as to paving. The amount of the assessments on each piece of real estate abutting on the sidewalk or walk improved shall be a lien on said real estate from the passage of the ordinance providing for the work and making the assessment, and the Mayor and Council shall have full power and authority to enforce the collection of any amount so assessed for such improvements or work done upon the sidewalk, 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

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execution be levied by the marshal 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 execution 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 the county having jurisdiction of said matter, and there tried and the issues determined, as in cases of illegality, and subject to all the penalties provided by law in cases of 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 rank in priority of payments 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. Lien of assessments. Illegality. Rank of lien. SEC. 30. MAY ISSUE BONDS FOR STREETS WHEN. Be it further enacted, That the Mayor and Council of said city shall have full power and authority in the construction, grading and macadamizing the streets of said city, as provided by this charter, do the same wholly or in part, either or both, by taxation or the issue and sale by said city of bonds or other evidences of indebtedness to be authorized and issued under terms of the Constitution and general laws of this State as to creating of any bonded indebtedness by municipalities. Bonds for street improvements. SEC. 31. Be it further enacted, That the Mayor and Council shall have full power and authority to regulate or

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prohibit the use of the streets, alleys, sidewalks and public grounds of said city for any purpose or purposes other than the free use of the same for public travel, and to make and pass such ordinances as will prohibit the use of the same for any other purpose. The said Mayor and Council shall have the authority and power to regulate 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 city and to punish violations of such rules, regulations or ordinances as they may pass on this subject. Said Mayor and Council may also have the power and authority to regulate the speed at which locomotives or trains or street cars shall be run within the corporate limits of said city; also 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 city. Uses of streets and speed regulations. SEC. 31. Be it further enacted, That the Mayor and Council shall have power and authority to require the railroads or street railroads running through said city 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 city crossing them; to conform their tracks to the established grades of streets or crossings, as may be now or 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

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hours after having been notified to do so by said city, 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 railroads, and may issue execution therefor and levy and collect the same as in case of tax executions. Repair of public crossings. SEC. 32. Be it further enacted, That the Mayor and Council of said city shall have power and authority to grant franchises, easements and rights of way over, in, under, on and along the public streets, lanes, alleys, sidewalks, parks, and other property of said city, on such terms or 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 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 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, or if none such, then in the newspaper in said county carrying the Sheriff's advertisements. Franchises, easements, etc. SEC. 33. 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 city, including the disposition of sewerage matter. 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 such property refuse to grant a right of way for that particular purpose, and

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such owner or owners and the authorities of said city cannot agree upon the damages to be paid for such easement, the damages 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 Mayor and 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 therefor, shall apply to the territory without said city limits as may be necessary for the purpose aforesaid. The Mayor and Council shall have entire charge of said sewers and sewerage system, and shall direct the kind of material the same shall be constructed, and on what terms and conditions the same shall be constructed, and to what extent surface water or drainage shall be permitted to flow into said sewers, and shall dictate who shall construct the same, and the same be at all times under the management and control of said Mayor and Council. Sewerage and drainage. Condemnation. SEC. 34. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to construct, maintain and operate a system of water works for said city, and to that end shall have power and authority to acquire by gift, purchase or condemnation proceedings 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

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which the public water supply may be obtained, or for the protection thereof, whether within or without the corporate limits. The said water works 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 city of bonds or other eivdences 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 water works 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 system 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. Water works. SEC. 35. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to establish, operate and maintain a system of electric lights for said city under such rules and regulations as they may elect, and for the erection thereof, said Mayor and Council may in their discretion issue bonds or other evidences of indebtedness to be authorized and issued under terms of the Constitution and general laws of this State, or may do so by direct taxation. Electric lights. SEC. 36. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to create for said city, a water, light and bond commission,

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which commission shall be under the jurisdiction and control of the Mayor and Council and shall have all the power and authority that may be vested by said Mayor and Council by proper ordinance and said commission shall be subject to the Mayor and Council in all their conduct, shall be elected or appointed by the Mayor and Council for such time and receive such compensation for their services as the Mayor and Council may elect. Water, light and bond commission. SEC. 37. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to protect their water and light system from all invasion, by their police, as well without as within the corporate limits of said city, that the marshal and policemen of said city shall have power to arrest any person or persons interfering with any part of the water works, electric light, sewers or other property of said city, and bring said offenders before the Mayor, or Mayor pro tem., or the acting Mayor of said city and be dealt with as if the crime was committed within the corporate limits of said city, jurisdiction being hereby conferred for that purpose. Protection of water and light system. SEC. 38. FIRE PROTECTION. Be it further enacted, That the Mayor and Council of said city may, in its discretion, enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change or modify the same from time to time, to prescribe how and of what materials buildings within said district may be erected, how thick the walls shall be, the manner in which chimneys, flues and stove pipes shall be constructed, and to make such reasonable rules, regulations and requirements as they may deem necessary to so far as possible protect said city from danger from fire or to prevent or stop conflagration. They shall also have the power

Page 1525

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 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 city, under any ordinance passed carrying out the powers granted under this Section by execution as in case of collecting other costs due said city. The Mayor and Council may exercise general superivison over all buildings of all character in said city and condemn dangerous walls or construction in any of the same, and shall have the power and authority to exercise said superivison by passing and enforcing suitable and reasonable ordinances. The Mayor and Council shall have full power to regulate, control or forbid as a public nuisance, the establishment, location or operation, within said city, of any fertilizer factory, planing mill or other manufacturing establishment, shop or other business, the conduct, establishment or operation of which disturbs or interferes with peace, comfort or health of citizens of said city or is calculated to damage or depreciate property for residential purposes; provided, this Act does not apply to any fertilizer factory, planing mill or other manufacturing establishment, shop or other business now in operation. Fire protection. Building supervision. SEC. 39. Be it further enacted, That it shall be the duty of the Mayor and Council of said city to provide such fire protection therefor whenever, and as in their discretion the 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 they may deem advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote

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the objects of this Section and afford protection from fire or conflagration to property in said city. Fire department. SEC. 40. STORAGE OF COMBUSTIBLES, ETC. Be it further enacted, That the Mayor and Council of said city 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, nitroglycerine, 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, firecrackers, 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. Storage of combustibles, etc. SEC. 41. BOARD OF HEALTH. Be it further enacted by the authority aforesaid, That the Mayor and Council of said city shall have power and authority, in its discretion, to elect or appoint a board of health for said city, with such duties and powers and compensation as may be fixed by ordinance, prior to the election or appointment, the term of office for said board shall be for one year. Board of Health. (A) 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 city for sanitary purposes, not to exceed five dollars per annum on each lot so assessed, and said Mayor and Council are fully empowered to collect the same by execution against the lots so assessed and the owners thereof, in the same manner as is provided in this charter for the collection of other city assessments or taxes. The sanitary tax so collected shall be used solely for sanitary purposes. The

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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 unimproved property nor shall any residence lot with dwelling thereon be sub-divided. Sanitary assessments. SEC. 42. Be it further enacted, That the Mayor and Council shall have power and authority to make and enforce all ordinances necessary or wisely precautionary for the prevention of any contagious or infectious disease or the spreading or communicating thereof; to declare, maintain and enforce quarantine rules or regulations in regard thereto, and to punish any violations of any of said rules and regulations. They shall have power to build or establish or maintain and exercise police powers over pest house within or outside of said city limits, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings within or beyond said city limits. They shall have power to compel the removal to the pest house of any person or persons who have small-pox or other contagious or infectious diseases, when in their wise and human 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 the city, to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide for persons failing or refusing to be vaccinated. Health ordinances. SEC. 43. CEMETERY. Be it further enacted, That the Mayor and Council may acquire by gift, purchase or otherwise land for a city cemetery and establish such thereon,

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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 the City of Villa Rica, 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 city. Cemetery and regulation of. SEC. 44. PUBLIC PARKS. 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 City of Villa Rica, 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. 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 and necessary. Public parks. SEC. 45. SHADE TREES PROTECTED. 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,

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public places, cemeteries and parks in said city and to prevent the cutting, impairing or mutilating 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. Protection of shade trees. SEC. 46. PROTECTION OF CHURCH PROPERTY. Be it further enacted, That the Mayor and Council shall have power and authority to protect by suitable ordinances and enforcement, all places of divine worship and all schools and colleges within said city, and to prohibit loitering or idling in or about the same or the grounds thereof; or any other conduct in or about the same tending to annoy the services or duties being carried on or performed therein or the occupants of said institutions or the grounds 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 city or in or about or near any residence therein. Protection. of church property. SEC. 47. PUBLIC MORALS, ETC. Be it further enacted, That the Mayor and Council of Villa Rica 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 city, 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

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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 Mayor's Court of said city, be punished as for a violation of the ordinances of said city relating to nuisances. Public morals, etc. SEC. 48. FOWLS AND DOMESTIC ANIMALS. Be it further enacted, That the Mayor and Council of said city 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 said city limits, or if allowed to be kept therein, in the Mayor and Council's discretion, to regulate the manner and place in which they may be kept. Also to impound all such animals and fowls 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 the 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 city hall, or city court house in said city, and the proceeds applied to the payment of said fees and the costs, under such rules and regulations as the Mayor and Council may prescribe by ordinance. Impounding of animals and fowls. SEC. 49. CRIMINAL WARRANTS, ARRESTS UNDER. Be it further enacted, That should any person violating any of

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the ordinances of said city flee from the jurisdiction thereof he or she may be apprehended and arrested, wherever found in the State, and the warrants of the Mayor, Mayor pro tem., or acting Mayor of said city shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested whenever found in this State and the warrant of either of the officials aforesaid shall be sufficient for his or her arrest and return; and all persons escaping from the custody of said city or its officers may be tried for such escape and punished therefor not exceeding penalties hereinafter provided. The said Mayor and Council shall have full power and authority to provide for said city a safe and suitable prison for the keeping and detention of prisoners and convicts of said city and of all persons charged with a violation of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof. Fugitives from justice, warrants for, arrest and return of. SEC. 50. SALES UNDER EXECUTIONS. 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 city ordinances and the procedure in all such cases. Trial of offenders, procedure. All executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demand or debt, shall be issued by the clerk and bear test in the name of the Mayor or Mayor pro tem. and shall be directed to the marshal of said city, 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 city ninety days after the issuing

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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 Constables' sales, and under the same rules and regulations as govern Sheriff's and Constables' sales of similar property. Whenever any real estate is sold for taxes the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor with ten per cent. premium thereon and interest on said principal amount at the rate of seven per cent. per annum. Whenever at any such sales for taxes due, no 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 city may bid off such property for said city, and the marshal or such other officer making the sale, shall make the City of Villa Rica a deed to the property so sold and deliver the same, and the titles thus acquired by the city shall be perfect and valid after the period provided for the redemption by the owner shall have expired and the marshal or other officer making the sale shall put said city in possession, and the Mayor and Council shall have no right or authority to divert or alienate the title of the city to any property so purchased, except by public sale to the highest bidder in the manner to be prescribed by the ordinance of said city. The clerk of said city 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

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the office of the clerk and there be filed. All sales and conveyances made under executions as provided in this Act shall have all the force and effect of sales and conveyances made by Sheriffs of this State and the officer making the sale shall have the same power as Sheriffs to put purchasers of property sold by them in possession. Executions and their enforcement. SEC. 51. 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 may deem proper, to examine into the working or conduct and business of any officer in said city, 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 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 January 31, preceding, all books, vouchers and papers of every official of said city or of any board thereof charged with collecting, keeping or expending any public funds of said city. Officers, conduct and business of, examination of. SEC. 52. Be it further enacted, That the Mayor and Council shall prescribe by ordinance how and by whom purchasers of supplies, materials and other necessary articles, for said city or for any department thereof, shall be made or contracted in behalf of said city, 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 city. Purchase of supplies.

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SEC. 53. MALPRACTICE OR OFFICIAL NEGLECT. Be it further enacted, That in case the Mayor, or any Councilman, or the clerk of Council, while in office shall be guilty of malpractice or wilful neglect in office, or the abuse of the powers conferred on him, or shall be guilty of any conduct unbecoming his station, or convicted and sentenced for violating any criminal law of this State involving moral turpitude he shall be subject to be impeached by the Mayor and Council, or by Council, in case of the Mayor, and upon conviction by not less than four votes, shall be removed from office. Malpractice or official neglect. SEC. 54. Be it further enacted, That it shall not be lawful for any official of said City of Villa Rica to be interested directly or indirectly in any transaction with, sale to, work for or contract of the City of Villa Rica, or any department of government or service of said city, involving the expenditures of any public funds of said city. Any violation of this Section by the Mayor or any Councilman or other officer of said city, shall on conviction therefor be punished as a misdemeanor under the Code of Georgia, 1910. Contracts with city, official shall not be interested in. SEC. 55. Be it further enacted, That after the close of each fiscal year, the clerk of the city 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 city, 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 estimate inclime of the year. Statement of assets and resources and liabilities of city.

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SEC. 56. Be it further enacted, That any officer or officers of said City of Villa Rica who may be sued for any act or 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 city, or either of them, under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Suits against officers for official acts plea of justification. SEC. 57. GENERAL WELFARE CLAUSE. Be it further enacted, That the Mayor and Council of the City of Villa Rica 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 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. 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 city, 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 city, and to do any and all 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 clause. SEC. 58. Be it further enacted, That all ordinances, by-laws, rules and regulations heretofore adopted by the

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Mayor and Council of the town of Villa Rica which are now in force and not inconsistent with nor repugnant to any provision of this Act shall remain in full force and effect under this charter, until repealed, altered or amended by the Mayor and Council. Old laws not repugnant to new of force. SEC. 59. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to make such appropriations to the cemetery and parks of said city, the enlargement, maintenance and keep of the same, as may be sufficient for said purposes, from the public funds of said city that may be available for such purposes, and not in conflict or violation of the laws governing municipal corporations. Appropriations. SEC. 60. 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 City of Villa Rica, as reincorporated under this Act, be and are, hereby expressly conferred on the Mayor and Council of said city now in office, and their successors. Powers of Mayor and Council. SEC. 61. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the town of Villa Rica or all Superior Court orders 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 provisions hereof, are hereby repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Former Acts incorporating, consolidated. Approved August 19, 1912.

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WADLEY, TOWN OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 486. An Act to amend an Act approved August 6th, 1903, which amended an Act approved December 16th, 1895, creating a public school system for the town of Wadley, Georgia, by changing the number of the Board of Trustees of the public schools in said town and to provide their manner of election and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act Section 3 of an act approved August 6th 1903 (amending the law creating a public school system for the town of Wadley) be stricken and the following inserted in lieu thereof: Wadlev, public school system of. SEC. 3. Be it further enacted that the Board of Education for the town of Wadley, Georgia, shall consist of five members whose term of office shall be for two years, said members to be elected by the qualified voters of said town in the manner and at the same time as Mayor and members of the Council are now elected. That as the term of office of the present members of said board expire, elections shall be held at the town election next succeeding to fill the vacancy thus occurring. Members of Board of Education, election of. SEC. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1912.

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WATKINSVILLE, TOWN OF, BONDS FOR ELECTRIC LIGHTS AUTHORIZED. No. 390. An Act authorizing the Town of Watkinsville to issue bonds for the purpose of constructing, building, equipping and maintaining an electric lighting plant in said town for the purpose of lighting streets, residences 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 from and after the passage of this Act there shall be established in the Town of Watkinsville in this State an electric lighting and power system, to be constructed, maintained, supported and provided for in the manner prescribed in this Act. Watkinsville, lighting and power system. SEC. 2. Be it further enacted, That the Mayor and Council of the said town of Watkinsville shall have power and authority to issue bonds of said town for the sum of twenty-five hundred dollars ($2,500.00) to become due and payable at such time or times not exceeding fifteen years from date of issue thereof as said Mayor and Council shall determine, and bear interest not to exceed four and one-half per cent per annum; said bonds to be issued sold and hypothecated by the Said Mayor and Council of the town of Watkinsville for the purpose of purchasing, building and equipping an electric light and power system in said town. Bonds for construction. SEC. 3. Be it enacted by authority of the aforesaid, That the Mayor and Council of said town of Watkinsville

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are hereby authorized and empowered to levy, issue and collect annually sufficient taxes upon and from the taxable property of said town, real and personal, to pay off the principal and interest of said bonds as they become due, and also sufficient amount for sinking fund to pay all of the remainder of said bonds at the expiration of the time when they shall become due. The taxes shall be separately levied, issued and collected for the specific purpose herein designated and shall not be used or appropriated to any other purpose whatsoever. Said Mayor and Council are hereby authorized and empowered to issue interest coupons payable annually or semi-annually for the interest on said bonds. Tax to pay bonds. SEC. 4. Be it further enacted by authority of the aforesaid, That said bonds shall be signed by the Mayor and Clerk of Council of said town and negotiated, sold and hypothecated in such manner and in such sums, and at such times as the Mayor and Council shall determine for the best interest of said town and a speedy execution of the objects of this Act; and the money derived from the sale of said bonds shall be used by said Mayor and Council in purchasing, constructing and equipping an electric light and power system in said town under such terms and in such manner as may be agreed upon by said Mayor and Council of said town. Bonds, how issued and sold. SEC. 5. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into effect and become operative until the question of issuing said bonds shall have been submitted to a vote of the qualified voters of said town under the rules and regulations adopted by the Mayor and Council of said town and approved by a two-thirds vote of the persons qualified to vote at an election

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held for that purpose in accordance with constitution and laws of the State, which election shall be held under an order of the Mayor and Council of said town, and notice of the said election to the qualified voters of said town shall be given for a space of thirty days preceding said election in the newspaper in which the Sheriffs' advertising of Oconee County is published, notifying the qualified voters of said town that on the day named an election will be held to determine the question whether said bonds shall be issued, by municipality, the amount of bonds to be issued, for what purpose, what interest they shall bear, how much principal and interest to be paid annually, and when to be fully paid off, as provided in section 377 of the Code of 1895. All qualified voters desiring to vote for said bonds at said election shall have written or printed on their ballots For Bonds, and those desiring to vote against the issuance of bonds shall have written or printed on their ballots Against Bonds. If two-thirds of the qualified voters of said town vote for bonds in accordance with the terms of this Act it shall be the duty of the Mayor and Council of said town to issue and dispose of said bonds in accordance with the various sections of this act in relation thereto, but should two-thirds of the qualified voters of said town fail to vote for said bonds at said election the effect shall be to only suspend the various sections of this Act in relation thereto. Election for bonds. Ballots. SEC. 6. Be it further enacted by the authority aforesaid, That if at said election held under Section five of this Act the question voted on shall be decided against issuing bonds it shall be the duty of the Mayor and Council of said town upon the written application of one-third of the qualified voters of said town to order another election which shall be held as required by this Act. Second election.

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SEC. 7. Be it further enacted by the authority aforesaid, That any election held under this Act shall be governed by the same rule and regulations as the election for Mayor and Council of the Town of Watkinsville. Elections, how held. SEC. 8. Be it further enacted by the authority of the aforesaid, That all laws and parts of laws in conflict with this Act be and the same are repealed. Approved August 7, 1912. WEST POINT, CITY OF, CHARTER AMENDED. No. 439. An Act to amend Section 4 of the Act creating a new charter for the City of West Point, Approved December 13th, 1900, so as to provide for the election of three Aldermen annually for a term of two years and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that section 4 of the above described Act is hereby amended by striking out all of said Section after the words Be it further enacted and inserting in lieu thereof the following: That on the second Monday in January 1913, and biennially thereafter an election shall be held for a Mayor whose term of office shall be for two years and until his successor is elected and qualified; and that at the same election on the second Monday in January, 1913, there shall be elected six Aldermen three of whom

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shall hold office for one year and three of whom shall hold office for two years, and until their successors are elected and qualified. The said six Aldermen elected on said date shall determine by lot which three shall hold office for one year and which shall hold office for two years. On the second Monday in January annually thereafter there shall be held an election at which three aldermen shall be elected for a term of two years to succeed the Aldermen whose terms of office shall have expired at the date of such election; so that the Mayor of said City shall be elected biennially for the term of two years and three Aldermen shall be elected each year for a term of two years with the exception of three of the six Aldermen elected the second Monday in January, 1913, whose term of office shall be for one year, as aforesaid, and all of said officers holding office until their successors are elected and qualified. At the first regular meeting of the Mayor and Council after the election and qualification on January 1913, and annually thereafter, they shall elect some one of their number Mayor pro tem whose term of office shall be for one year and until his successor is elected and qualified. If any vacancy occurs in said board, said vacancy shall be filled for the unexpired term by the Mayor and Aldermen, so that said Section when amended shall read as follows: Be it further enacted by the authority aforesaid, that on the second Monday in January, 1913, and biennially thereafter, an election shall be held for a Mayor whose term of office shall be for two years and until his successor is elected and qualified, and that at the same election on the second Monday in January, 1913, there shall be elected six Aldermen, three of whom shall hold office for one year and three of whom shall hold office for two years, and until their successors are elected and qualified. The said six Aldermen elected on said date shall determine by lot which three shall

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hold office for one year and which shall hold office for two years. On the second Monday in January annually thereafter there shall be held an election at which three Aldermen shall be elected for a term of two years to succeed the Aldermen whose terms of office shall have expired at the date of such election so that the Mayor of said city shall be elected biennially for the term of two years, and three aldermen shall be elected each year for a term of two years with the exception of three of the six Aldermen elected the second Monday in January, 1913, whose term of office shall be for one year, as aforesaid, and all of said officers holding office until their successors are elected and qualified. At the first regular meeting of the Mayor and Council after the election and qualification in January, 1913, and annually thereafter, they shall elect some one of their number Mayor pro tem., whose term of office shall be for one year and until his successor is elected and qualified. If any vacancy occurs in said board, said vacancy shall be filled for the unexpired term by the Mayor and Aldermen. West Point, Mayor and Aldermen, their election and terms of office. Mayor pro tem. Mayor and Aldermen, their election and terms of office. Mayor pro tem. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved August 13, 1912. WEST POINT, CITY OF, CHARTER AMENDED. No. 440. An Act to amend Section 11 of the Act creating a new Charter for the City of West Point, approved December 13, 1900, in reference to the qualifications of policemen

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of said city by striking out the word policemen 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 above described Act be and the same is hereby amended by striking out the word policemen in said Section, so that as amended said Section shall read as follows: Be it further enacted that it shall be the duty of the marshal of said city to levy all executions in favor of said city for taxes and fines, and advertise and sell the property levied on, in accordance with the laws governing Sheriff's sales of this State. no person shall be eligible to the office of marshal, clerk, city attorney or sexton who is not a qualified voter of said State and County. West Point, marshal of, his duties. 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, 1912. WEST POINT, CITY OF, CHARTER AMENDED. No. 535. An Act to amend Section 13 of the Act creating a new Charter for the city of West Point, approved December 13, 1900, in reference to fines and sentences for hard labor 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 Section 13 of the above described Act be amended by striking out from said section all of the last sentence thereof and inserting in lieu thereof the following towit: Said Mayor shall have full power and authority upon conviction to sentence any offender to labor on the streets or other public works of said city for a period not to exceed 180 days or to impose a fine of not exceeding $200.00 or to sentence said offenders to be fined and imprisoned in the guard house or other places of confinement in said city for a period not exceeding 180 days. Either one or more or all of said penalties may be imposed, in the discretion of the Mayor; so that as amended said Section shall read as follows: 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 Aldermen hay hold said court. The said court shall have the power to preserve order and compel the attendance of witnesses, punish for contempt by imprisonment not exceeding ten days or fine not exceeding $10.00, or both. The Mayor shall have full power and authority, upon conviction, to sentence any offenders to labor on the streets or other public works of said city for a period not exceeding 180 days or to impose a fine not exceeding $200.00 or to sentence said offenders to be confined and imprisoned in the guard house or other places of confinement in said city for a period not exceeding 180 days, either one or more or all of said penalties may be imposed in the discretion of the Mayor. West Point, Mayor's Court, punitive powers of.

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SEC. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1912. WEST POINT, CITY OF, CHARTER AMENDED. No. 453. An Act to amend Section 25 of the Act creating a new Charter for the City of West Point, approved December 13th, 1900 in reference to the paving of sidewalks and streets, assessing two-thirds the cost of same against the abutting property owners, 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 25 of the above described Act be and the same is hereby amended by striking out all of said Section 25 after the words be it further enacted, and inserting in lieu thereof the following, to-wit: (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 of the above, the said Mayor and Council shall have power and authority to assess not more than two-thirds of the cost of paving and otherwise improving the sidewalks, including not more than two-thirds of the cost of all necessary curbing on the real estate abutting on the

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said sidewalks. (3) Said Mayor and Council shall have full power and authority to assess one-third cost to grading, paving, macadamizing, constructing side drains, cross drains, crossings or otherwise improving the road way or street property on the real estate abutting on one side 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 butting on the street shall pay not more than two-thirds of the entire cost, in the descretion 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 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 of each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. (6) The Mayor and Council shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks by execution issued by the city clerk against the real estate so assessed for the amount assessed against the owner at the date of ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate and after advertising and other proceedings, as in cases of

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tax sales, the same shall be sold at public outcry to the highest bidder. Such sales shall vest absolute title in the purchaser. Said city marshal shall have authority to eject occupants and at purchase give possession; provided, the owner of said real estate shall have a right to file his affidavit, denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due; which amount admitted to be due, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Troup County and there tried and the issue determined, as in cases of illegality, subject to the penalties provided, as in cases of illegality filed for delay. (7) The Mayor and Council shall have power and authority to pave and to contract to pave the whole surface of the street without giving any railroad company or other property holder or occupant of the street an option of having the space to be paved by them paved by themselves, or by contract, at his or its instance, the object being to prevent delay and secure uniformity. (8) The lien for assessment on abutting property and on street railroad companies or other railroad companies for street and sidewalks, paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to be dated from the passage of the ordinance, authorizing the execution of the work in such cases. (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 and curb the streets, sidewalks and alleys of said city; to enforce by execution the cost thereof against the adjacent property owner or railroad companies and to prescribe how the agents or owners thereof shall be served by notice or by publication. West Point, assessments for street improvements.

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SEC. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1912. WEST POINT, CITY OF, CHARTER AMENDED. No. 451. An Act to amend Section 43 of the Act creating a new charter for the City of West Point, approved December 13, 1900, in reference to maximum fines and sentences and fixing the same and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and, it is hereby enacted by authority of the same, that Section 43 of the above described Act be, and the same is, hereby amended as follows: by striking the word thirty and inserting in lieu thereof the words one hundred and eighty, so that as amended said Section shall read as follows: Be it further enacted that said Mayor and Aldermen shall have full power and authority to prescribe by ordinance adequate penalties for all offenses against the ordinances of said city, in ways herein before provided for, and to punish offenses by fines not exceeding $200.00 and imprisonment in the calaboose not exceeding 180 days for each offense, to enforce the payment of fines, to compel offenders and those who refuse to pay said fines, to work on the streets or public works of said city. They shall have power to compel offenders sentenced to imprisonment in the calaboose, as aforesaid, to labor on the public works or on the streets to be regulated by ordinance. West Point, punitive powers of.

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SEC. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1912. WEST POINT, CITY OF, AUTHORITY TO SELL AND VACATE CERTAIN STREETS. No. 526. An Act to authorize and empower the Mayor and Aldermen of the city of West Point to close, discontinue, vacate and sell the following property, to-wit: All that part of Bridge Street on the east side of Chattahoochee River between Main Street and River Street, as shown on the map of said city of West Point. Said street being 100 feet wide and 300 feet deep, also an alley running into Block No. 1 on the east side of the river in the said city of West Point, extending from Main Street into Block No. 1 between lots 3 and 4, being 27 feet wide and 100 feet deep and also an alley running through Block No. 6 on the East side of the river in the city of West Point, and as shown by the map of said city. Said alley extending through Block No. 6 from Main Street to Richmond Street and being 27 feet wide and 260 feet long and also a certain tract off of South side of Bridge Street being 90 feet wide and 200 feet long and extending from Gilmer Street to Railroad Street, leaving a strip 60 feet wide, said strip lying and being on the west side of the river as shown on the map of the said city of West Point.

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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 Mayor and Aldermen of the City of West Point are hereby authorized and empowered to vacate, close up, discontinue and sell at either public or private sale all of that part of Bridge Street between Main Street and the Chattahoochee River as shown on map of said city of West Point. The said street being 100 feet wide and 300 feet deep and also an alley extending from Main Street into Block No. 1, between lots 3 and 4, being 27 feet wide and 100 feet deep, as shown on the map of the City of West Point, and also an alley running through Block No. 6 from Main Street to Richmond Street and being 27 feet wide and 260 feet long as shown on the map of the city of West Point lying and being on the East side of the Chattahoochee River in the City of West Point, Georgia and also to close, discontinue, vacate and sell at public sale a certain tract or part off of the southern portion of Bridge Street being 90 feet wide and 200 feet long and extending from Gilmer Street to Railroad Street, leaving a street 60 feet wide said strip lying and being on the West side of the Chattahoochee River, as shown on the said map of the City of West Point. West Point, sale of street and alleys authorized. SEC. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1912.

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WHIGHAM, SCHOOL DISTRICT OF, INCORPORATED. No. 459. An Act to incorporate the Whigham School District in Grady County, Georgia, with powers in and by said name to sue and be sued, to tax all property within said incorporate territory, to operate generally all schools in said territory, make rules and regulations for the examinations and employment of teachers, and to do all things incident to the management of all schools in said territory, to issue bonds and build school houses 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, that there is hereby established a corporate school by the inhabitants of the territory hereinafter designated are hereby constituted and continued corporate by the name and style of the Whigham School District in the County of Grady, State of Georgia, by said name and style have perpetual succession be a body politic and corporate with powers to govern all the Schools in said corporate school district, to pass rules and by-laws as they may deem best to serve to the interest of education of the inhabitants of said territory, with power in and by said name to contract and be contracted with, sue and be sued, to have and use a common seal, to have by purchase or gift or otherwise any and all property as may hereafter be necessary for the use of the corporate school. That no sale of any property of said school shall be made until after the same has been

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ratified by a two-thirds vote of the legal voters of said district as shown by the county registration of voters. Whigham School District incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate school district shall embrace the following territory; commencing at the Decatur County line at the southwest corner of lot of land No. 95, in the 19th District of Grady County, and thence run east on the south original land lines of lots Nos. 95, 94, 93, and 92, to the run of Turkey creek, thence east on Turkey creek through lots 92, 110 and 111 to the east original land line of lot No. 111, thence north on the said original east land line of lots Nos. 111 and 90, to the southwest corner of lot No. 72, thence east on the original land line of lot No. 72, to the southeast corner of lot of land No. 72, thence north on the original east land line of lot No. 72, to the southwest corner of lot of land No. 48, thence east on the south original land lines of lots Nos. 48, 47, 46, and 45 to Big Tried creek, thence north on Big Tried creek through lots Nos. 45, 36 and 5 in the nineteenth district and continuing north through lots Nos. 5 and 36, in the 16th District, to the original north land line of said lot No. 36, thence west on the original north land lines of lots Nos. 36, 35, 34, 33, 32 and 31, and to the southwest corner of lot No. 31, thence on the original east land line of lot No. 51, to the northeast corner of said lot 51, thence west on the original land lines of lots Nos. 51 and 52, to the northwest corner of lot No. 52, thence south on the original west land line of lot No. 52, to the southwest corner of said lot 52, thence west on the original north land lines of lots Nos. 28, 27 and 26, to the Decatur County line, thence south on the Decatur County line to the southwest corner of lot No. 95, the commencing point. Corporate limits.

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SEC. 3. Be it further enacted by the authority aforesaid, That the management and control of the said corporate school herein established shall be vested in a Board of Education composed of five persons, citizens of said district, four of whom shall be patrons of said school, and two of whom shall not be residents of the town of Whigham, that the term of office of each member of said Board shall be for 4 years. Three of said members shall be elected on the first Tuesday in December 1912, for a term of 2 years and thereafter on the first Tuesday in December 1914, they shall be elected for a term of 4 years, and every 4 years thereafter. Two of said members of said Board shall be elected on the first Tuesday in December 1912, for a full term of 4 years and every 4 years thereafter two members shall be elected. That all rules and law that govern elections for members of the General Assembly shall apply to the election of the members of the Board of Education, that the managers of the election shall consolidate said electoral vote and certify the same to the remaining members of the said board that is not to be elected and the said board shall cause the said certificate to be entered upon the minute book of said Board of Education. That should a vacancy occur in said board the remaining number shall fill said vacancy by appointment made by themselves. Board of Education members of, their election and terms of office. SEC. 4. Be it further enacted by the authority aforesaid, That the Board of Education shall have full power and authority to pass rules for the examinations and employment of all teachers of said corporate school and to suspend or remove within their discretion, to fix by salary or otherwise their compensation, to appoint a superintendent and fix his duties with such compensation as they may deem best. Teachers and superintendent, their employment and salaries.

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SEC. 5. Be it further enacted by the authority aforesaid, That the said Board of Education herein created shall have authority in said corporate name to issue bonds not to exceed the sum of twenty thousand dollars for the purpose to build, repair and buy fixtures for all the school houses, and to build new and repair all school houses in said corporate school district by complying with the General Law of this State which is applicable to county, municipality or divisions regulating the issuance of bonds. School bonds. SEC. 6. Be it further enacted by the authority aforesaid, That the Board of Education shall have a treasurer, which they shall appoint and fix his bond, whose duty it shall be to compile all taxable property within said corporate territory upon a digest which is made returnable to the tax receiver of Grady County and to ascertain from the Comptroller-General all taxable property subject to taxation in said district that is returnable to him, and from both returns form a complete digest of all the taxable property of said corporate school district. (a.) That on or before the day fixed by the Commissioners of Roads and Revenue of Grady County for the levying the rate of taxes for the county, the said Board of Education shall fix the rate of taxation for the schools of said district and shall certify the same to the Commissioners of Roads and Revenue and the Comptroller-General which shall levy the same as now fixed by law for the levying of county taxes. And all property within said corporate territory is hereby taxable for the support of said school not to exceed $5.00 per thousand dollars. (b) That the tax collector of Grady County, Georgia, shall collect all taxes as fixed by the said Board of Education as it appears upon the said corporate school district digest and pay the same over to the treasurer of said corporate school district and for his services receive

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two per cent on said amount collected. (e) That the Comptroller-General of said State shall levy and collect from all property returnable to him, taxable in said district, with such amounts due said corporate school and shall have paid or pay over to the treasurer of said corporate school district, said taxes collected. Treasurer of Board of Education School tax. SEC. 7. Be it further enacted by the authority aforesaid, That the Board of Education shall draw all appropriations direct from the State School Commissioner, and make all reports directed by his authority in relation to the corporate school. That it is hereby made his duty to make such appropriations as he may deem wise for the furtherance and support of said public school, and to direct and receive reports therefrom as often as he may deem proper. State school fund. SEC. 8. Be it further enacted by the authority aforesaid, That the Ordinary of Grady County, Georgia, shall call an election to be held in the usual place of holding Justice Courts in the Whigham 720th District G. M. to be held on the first Tuesday in December 1912, of which election he shall give notice to be placed in said school district 3 notices of the time and place of the said election and one notice at the Court House in said County, that all of the legal voters of said school district shall have the right to vote at said election, and the same rules that govern all county elections shall govern this election, that the managers of said election shall consolidate the votes and return a consolidated sheet to the Ordinary and he shall place the same upon his minute book of record, that if there shall be a majority of the votes of said district shall be in favor of ratification of this Act then this Act shall be of full force and effect. Election for corporate school.

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SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 16, 1912. ZEBULON, CITY OF, CHARTER AMENDED. No. 562. An Act to amend the Charter of the City of Zebulon in Pike County Georgia, approved August 11th, 1909, so as to enlarge the power of the Mayor and Aldermen of the City of Zebulon so that they shall be authorized and empowered to purchase, build, construct, contract for and maintain a system of water works and sewerage and drainage and an electric light plant or lighting system, to authorize and empower the Mayor and Aldermen of said city to issue and sell bonds of the city of Zebulon 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 the city in laying water mains, sewerage, electric wire 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 incorporating the City of Zebulon in Pike County Georgia, approved August 11th, 1909 be amended by inserting immediately after Section twenty of said Act the following Section to-wit: Zebulon, charter amended.

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SEC. 21. Be be further enacted by the authority aforesaid, That the said Mayor and Aldermen of said City of Zebulon shall have power and authority to contract debts and issue bonds of said city 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 to be issued in such sums and to become due at such times not exceeding thirty years from the date of the issue thereof as said Mayor and Aldermen may determine. Said bonds to be issued, sold and hypothecated for the purpose of purchasing, building, constructing, contracting for, establishing and maintaining a system of waterworks, sewerage and drainage, and an electric light plant or lighting system. Said bonds to be signed by the Mayor and countersigned by the clerk of said city under the corporate seal of said city and shall be negotiated in such manner as said Mayor and Aldermen may determine to be for the best interest of said City of Zebulon, 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 city are hereby authorized to call) in accordance with provisions of Section 440 to 443 inclusive of the Code of Georgia of 1910. Said Mayor and Aldermen are hereby authorized to levy and collect a sufficient tax to pay the principal and interest on said bonds. Said Mayor and Aldermen shall have the power and are hereby authorized to condemn property both in and out of the city for the use of laying water mains, sewers and electric light wires. Bonds for water and light. SEC. 2. Be it further enacted by the authority aforesaid, That the other Sections following the new Section as above set forth be numbered consecutively.

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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 19, 1912.

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TITLE II. RAILROADS. ACT. Brinson Railway Company Authorized to Change Branch Line. BRINSON RAILWAY COMPANY AUTHORIZED TO CHANGE BRANCH LINE. No. 399. An Act to authorize Brinson Railway Company to change the location and route of its branch line now extending from Newington on its main line to Egypt, Georgia, so that said Egypt branch may be shortened and straightened and made to connect with the main line of Brinson Railway Company at some convenient point southward from Newington and eastward from Egypt; 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, Brinson Railway Company, now operating a line of road between Savannah and Waynesboro, shall be authorized to change the location and route of its branch line now

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extending from Newington on its main line to Egypt, Georgia, so that said Egypt branch may be shortened and straightened and made to connect with the main line of Brinson Railway Company at some convenient point southward from Newington and eastward from Egypt, and by the most direct route practicable. Brinson Railway Co., change of line between Newington and Egypt. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 7, 1912.

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PART IV.--RESOLUTIONS.

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RESOLUTIONS. Appropriation for Repair of State Library. Appropriation to Assist Rebuilding Dormitory at Seventh District Agricultural School. Appropriation for Portrait of General Clement A. Evans. Appropriation for Portrait of John McIntosh Kell. Appropriation to Purchase Filing Case for Pension Commissioner's Office. Appropriation to Pay Expenses of Visiting Committee to School for Deaf. Appropriation to Pay Expenses of Penitentiary Committee. Appropriation to Pay Pension to Mrs. Lydia Carroll. Appropriation to Pay Pension of Wm. Akins. Authorizing Adjutant-General to Lend Cots. Authorizing Road Commissioners of Cobb County to Change Public Road. Authorizing University of Georgia to Transfer Certain Lands in Thomasville to the City of Thomasville. Authorizing Refund to Georgia Northern Railway Company. Authorizing Refund of Locker Tax Paid by Fruendschafts-bund. Committee to Investigate Cotton Tare. Committee on Proposed Amendment of Constitution of United States to Elect United States Senators by Popular Vote. Committee to Select Artist to Paint Portrait of General Clement A. Evans. Donating Cannon to Gordon College. For Relief of N. L. Moore, C. F. Ackridge, J. V. Ackridge and W. H. Bozeman. For Relief of J. D. Bridges. For Relief of J. D. Bridges. For Relief of J. D. Bridges. For Relief of A. H. Dearing and W. D. O'Hallaran. For Relief of D. C. Finch. For Relief of D. C. Hancock. For Relief of Sureties Upon Bond of A. M. Hutchinson. For Relief of W. A. McRae, H. O. Maloy and J. G. Williamson. For Relief of O. D. Price. For Relief of Estate of J. W. Rushing, Deceased,, and Sureties. Relative to Unfinished Business of Legislature. Requesting Governor to Bring Suit for Recovery of Tallulah Falls. Relative to Destruction of Useless Codes of 1895. To Define Boundaries of Lands Granted to James Devoe. To Ratify Settlement of Certain Litigation. APPROPRIATION FOR REPAIR OF STATE LIBRARY. No. 61. A RESOLUTION. WHEREAS, The floor of the State Library has never been repaired or recovered since the Capitol Building was completed,

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and is therefore in an unsightly and unsanitary condition; therefore Be it resolved, That the State Librarian is hereby authorized and directed to have laid a cork tiling covering over the floor of the said Library, and, State Library repairs. Be it further resolved, That the sum of $1,534.50, or so much thereof as may be necessary, be, and the same is hereby appropriated for such repairs and improvements to be paid by warrant of the Governor, to be approved by the State Librarian. Approved August 19, 1912. APPROPRIATION TO ASSIST REBUILDING DORMITORY AT SEVENTH DISTRICT AGRICULTURAL SCHOOL. No. 62. A RESOLUTION. To provide funds to assist in rebuilding the Boys Dormitory, Dining Hall and Kitchen of the Seventh District Agricultural and Industrial School, in Cobb County, Georgia. WHEREAS, The Boys' Dormitory Building of the Seventh District Agricultural and Industrial School which cost approximately fifteen thousand dollars ($15,000.00) was recently destroyed by fire, and, Seventh District Agricultural and Industrial School, appropriation to rebuild dormitory. WHEREAS, Later the Dining Hall and Kitchen were also burned entailing a loss to said school of thirty five hundred dollars ($3,500.00), and,

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WHEREAS, From the meagre and insufficient income of the policy of the State to insure all the buildings of all said dormitory building to the amount of ten thousand dollars and on the dining hall and kitchen one thousand dollars which insurance has been fully paid, and, WHEREAS, It has heretofore for many years past, been the policy ofthe State to insure all the buildings of all State institutions to an amount equal to forty per cent of the cost thereof, which custom was not pursued in regard to these buildings and no insurance was carried by the State thereon, and, WHEREAS, It will cost to reconstruct said boys' dormitory building as now contracted for, the sum of eighteen thousand dollars ($18,000.00) and to replace the dining hall and kitchen four thousand dollars ($4,000.00) and there are now no funds available for these purposes other than the aggregate of eleven thousand dollars of insurance carried on said buildings by the said trustees and now in their hands or expended on the said buildings, Therefore, be is resolved by the House of Representatives the Senate concurring, That the sum of seven thousand dollars ($7,000.00) be and the same is hereby appropriated for the purpose aforesaid, to be paid from any fund in the Treasury not otherwise appropriated. Approved August 19, 1912.

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APPROPRIATION FOR PORTRAIT OF GENERAL CLEMENT A. EVANS. No. 57. A RESOLUTION. To provide for the purchase of an oil painting to be hung in the Capitol of the State of Georgia; to provide for the appropriation of money therefor. WHEREAS, the late General Clement A. Evans was one of the noble and prominent statesmen of our glorious State, and there is no portrait of him within the Capitol of this State, General Clement A. Evans, portrait of. Therefore be it resolved by the House, the Senate concurring, That an oil painting of said deceased General Clement A. Evans, not to cost over $500, be hung in the corridor of the Capitol of the State. Therefore be it further resolved, That an amount sufficient for the payment of the expense of said painting be, and the same is hereby appropriated out of any funds in the Treasury of the State not otherwise appropriated, and the Governor be and he is hereby authorized to draw his warrant for such an amount. Approved August 17, 1912.

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APPROPRIATION FOR PORTRAIT OF JOHN McINTOSH KELL. No. 54. A RESOLUTION. WHEREAS, the late John McIntosh Kell was for several years Adjutant-General of Georgia and rendered the State valuable and distinguished service, while serving her in that capacity, and John McIntosh Kell, portrait of. WHEREAS, the said John McIntosh Kell served his State with distinction in the Confederate Navy, first on the ship Sumter, and afterwards as Captain on the Alabama, being present in person and contributing greatly in its famous fight with the Kearsage, and WHEREAS, there has been no due recognition of his illustrious service in times of peace and war. Therefore be it resolved by the General Assembly of Georgia, the Senate concurring, That a life size portrait of Kell be secured and placed on the walls of the Capitol. Be it further resolved, That a committee of five be appointed, consisting of the Governor, the Adjutant-General and three ex-Confederate veterans to be appointed by the Governor, whose duty it shall be to procure the portrait and see that it is placed in its proper place. Be it further resolved, That the sum of five hundred dollars, or as much thereof as may be needed, be appropriated for said purpose and the Governor is hereby authorized to draw his warrant on the Treasury for this

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amount, the same to be paid out of any funds not otherwise charged. Approved August 19, 1912. APPROPRIATION TO PURCHASE FILING CASE FOR PENSION COMMISSIONER'S OFFICE. No. 42. A RESOLUTION. WHEREAS, the office of the Commissioner of Pensions is in great need of a book case file in which to keep the large books that contain the pension pay rolls; and Filing case for office of Pension Commissioner. WHEREAS, these books are of the greatest importance to the State and public, and their preservation should be carefully guarded and protected. Be it resolved therefore, That the sum of two hundred and fifty dollars be and the same appropriated, or so much thereof as may be necessary, for the purpose of purchasing a book case file for the pension office, and that the Keeper and Custodian of Public Buildings, along with the Commissioner of Pensions, is hereby authorized to purchase said book case file for the State and upon their requisition the Governor shall draw his warrant in their favor (with bill attached) on the Treasury to pay the purchase price of said book case file out said fund so appropriated. Approved August 19, 1912.

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APPROPRIATION TO PAY EXPENSES OF VISITING COMMITTEE TO SCHOOL FOR DEAF. No. 55. A RESOLUTION. WHEREAS, a resolution to pay per diem and expenses of the House and Senate committees on the Georgia School for the Deaf, at Cave Springs, during the recess of the General Assembly passed the House during the session of 1911, and failed to pass the Senate on account of being overlooked by the Senate committee on the School for the Deaf; and, Committee on School for Deaf, expenses of. WHEREAS, said committee did visit said institution during the recess and did incur expense in so doing; be it Resolved, That the sum of three hundred and nine and 60/100 dollars, or so much thereof as may be necessary, is hereby appropriated to pay the per diem and expenses of the members of said committees. Be it further resolved, That the Treasurer is hereby authorized to pay said committeemen their respective per diem and expenses from the sum hereby appropriated upon the approval of his account by the chairman of the respective committees. Approved August 19, 1912.

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APPROPRIATION TO PAY EXPENSES OF PENITENTIARY COMMITTEE. No. 38. A RESOLUTION. Providing for the payment of the per diem and expenses of the Penitentiary committee of the House and Senate; of the committees of the House and Senate on the University of Georgia and its Branches; the joint Insurance committee to revise the insurance laws of Georgia; the joint committee to revise and codify the banking laws of the State; the committee to visit the Academy for the Blind; the joint committee to investigate the Department of Agriculture and to pay the expert accountant for said committee, and to pay the stenographer employed by said committee and the expense of subp[oelig]naning witnesses appearing before said committee; said committees having been authorized by the General Assembly at the session of 1911, to meet, act and perform duties after the adjournment of said session; and whereas the House and Senate committees were named and authorized by resolution to consider and make report on laws of municipal uniformity and judicial reforms to meet after the close of the last session; whereas special stenographic work employed by a committee in considering Senate resolution No. 63 amounting to $8.20 be and is hereby specially appropriated for said purpose, and for other purposes. Legislative Committees, expenses of. WHEREAS, at the 1911 session of the General Assembly of the State of Georgia a committee was raised by joint resolution of the House and Senate at said session to investigate the Department of Agriculture; a committee

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was raised to revise and codify the banking laws of the State; a committee was raised by joint resolution of the House and Senate to revise the insurance laws of the State; and, WHEREAS, the House and Senate committees on Penitentiary were authorized to make visits of inspection after the close of said session; the House and Senate committees on the University and its Branches were authorized to visit said institutions during the interim of the regular sessions of the General Assembly; the House and Senate committees on the Academy for the Blind were authorized to visit said academy during the recess; and whereas the House and Senate committees were named and authorized by resolution to consider and make report on laws of municipal uniformity and judicial reforms to meet after the close of the last session whereas special stenographic work employed by a committee in considering Senate resolution No. 63 amounting to $8.20 be and is hereby specially appropriated for said purpose; and provisions were made for the payment of the per diem and expenses of the members, and certain contingent expenses of certain of said committees, in the resolutions raising said committees and authorizing them to act during the recess of the General Assembly as provided in the resolutions authorizing said committees to act; and, WHEREAS, said sum of $5,000.00 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, said sum was not sufficient to pay the per diem and expenses of all of the members of said committees and said sum has been exhausted, and the per diem and expenses of a number of members of said committees

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and the contingent expenses of some of said committees cannot be paid unless an additional appropriation shall be made. Therefore, be it resolved by the House of Representatives, the Senate concurring, That the sum of $6,500.00, 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 contingent expenses of said committees, and the per diem and expenses of the members thereof as authorized by the several resolutions adopted by the 1911 session of the General Assembly relating to the appointment and services of said committees and which have not been paid on account of the insufficiency of the appropriation heretofore made. Approved August 8, 1912. APPROPRIATION TO PAY PENSION TO MRS. LYDIA CARROLL. No. 49. A RESOLUTION. Providing for the payment of a pension to Mrs. Lydia Carroll of the County of Walker of this State. WHEREAS, Mrs. Lydia Carroll is the widow of Stephen L. Carroll, a Confederate soldier who was killed in the battle of Cold Harbor (some times called Gaines Mill) on the 26th day of June, 1862, after a service of only two months and twenty-six days; and, Mrs. Lydia Carroll, pension of. WHEREAS, the widow of Stephen L. Carroll is not drawing

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a pension because her husband was killed before the expiration of six months service; and, WHEREAS, said widow being 85 years, destitute and infirm. Therefore be it resolved by the House, the Senate concurring, That a pension of sixty dollars be paid the said Lydia Carroll for the year 1912, and the Governor is hereby authorized to draw his warrant on the Treasurer for payment of the same. Approved August 19, 1912. APPROPRIATION TO PAY PENSION OF WILLIAM AKINS. No. 33. A RESOLUTION. WHEREAS, William Akins, from the County of Union, made application for the service pension in 1910, and the same was approved and his name placed on the roll to be paid for 1911, that the money was sent to pay him for 1911 and he could not be located, having moved to Catoosa County, where he was paid his pension for 1912, that the pension of 1911 is still due William Akins and unpaid. Wm. Akins, pension of. Be it resolved, therefore, That the sum of sixty ($60) dollars be and the same is hereby appropriated to pay. William Akins his pension for 1911 which is due and unpaid. Approved August 1, 1912.

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AUTHORIZING ADJUTANT-GENERAL TO LEND COTS. No. 40. A RESOLUTION. To allow the Adjutant-General of Georgia to lend cots to Reunion Committee for State Reunion of Confederate veterans at Marietta. WHEREAS, the State Reunion of the Confederate veterans of Georgia will be held in the City of Marietta, Georgia, on August 28th and 29th next; and, Reunion of Confederate Veterans at Marietta, cots for. WHEREAS, the committee at Marietta in charge of said reunion is desirous of borrowing certain cots, the property of the State and now in charge of the Adjutant-General, which have been discarded and are not now used by the military department of the State, nor needed by the State for immediate use. Therefore, be it resolved by the House of Representatives, the Senate concurring, That the Adjutant-General be and he is hereby authorized to lend to Fred Morris, chairman of said reunion committee, such number of said cots as the Adjutant-General may deem necessary. Said cots to be returned to the State in as good condition as they are now in, and without any cost to the State. Approved August 13, 1912.

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AUTHORIZING ROAD COMMISSIONERS OF COBB COUNTY TO CHANGE PUBLIC ROAD. No. 56. A RESOLUTION. WHEREAS, the Board of Commissioners of Roads and Revenues in and for the County of Cobb is desirous of changing the public road which leads from the City of Marietta towards the town of Kennesaw, in said county, at a place where said public road crosses the Western and Atlantic Railroad about 3 miles from the City of Marietta, and to move said crossing about 250 yards south of the present crossing and towards said City of Marietta, and to build a bridge over said railroad, at said point, and also, of changing the Atlanta and Marietta public road at the point where it crosses the Western and Atlantic Railroad in said County of Cobb, and near the Chattahoochee River, by building a bridge over said railroad, and so as to abolish the grade crossing; therefore, W. A. R. R., crossings of, in Cobb County, change of. Be it resolved by the General Assembly of Georgia, That permission be and it is hereby granted to said Board of Commissioners of Roads and Revenues to change and alter said public roads where the same cross said railroad, and to change the location thereof, and to construct, maintain, and build a bridge over said railroad so as to abolish the grade crossing at the point where said road crosses said railroad just south of the point where the electric line of the Atlanta and Northern Railway Company crosses said railroad and near Chattahoochee River, and also at a point where the public road which leads from the City of Marietta toward the town of Kennesaw, in said county,

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crosses the Western and Atlantic Railroad about 3 miles from the City of Marietta, and to move said crossing about 250 yards south of the present crossing and towards said City of Marietta, and to build a bridge over said railroad at said point, all being in said County of Cobb. Be it further resolved, That permission is granted to said Board of Commissioners of Roads and Revenues, their representatives and employees by and with the consent of the engineer of the Western and Atlantic Railroad Company to use dirt and stone from the right of way of said railroad for the purpose of constructing abuttments and fills necessary to the erection of said bridges over said railroad, but not in a way to at all interfere with the maintenance of said railroad or the operation of the trains, locomotives and machinery thereon. Be it further resolved, That before erecting said bridges said Board of Commissioners of Roads and Revenue shall submit to the chief engineer of said Western and Atlantic Railroad Company the plans for said bridges for his approval, and said bridges shall be constructed in the way indicated by said engineer. Approved August 17, 1912. AUTHORIZING UNIVERSITY OF GEORGIA TO TRANSFER CERTAIN LAND IN THOMASVILLE TO THE CITY OF THOMASVILLE. No. 34. A RESOLUTION. WHEREAS, certain citizens of Thomasville, Georgia, did in the year 1879, organize and procure a charter as The

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South Georgia College of Agriculture and Mechanic Arts, and said corporation did, without aid from the State but solely by voluntary subscriptions by the citizens of Thomasville, erect, upon grounds procured for that purpose, to-wit: a certain block in said city bounded by Jackson, Fletcher, Bartow streets and College avenue, a school building for the education of the children of said city and vicinity; and, University of Georgia authorized to transfer to the City of Thomasville school building in said city. WHEREAS, said corporation by arrangement with the University of Georgia, and relying upon the expectation that an annual appropriation would be made by the State through said University for the maintenance and support of said school as a branch college of the State University, did, without cost to the State, in the year 1880, execute a deed to said property afore described to the University of Georgia; and, WHEREAS, said property was accepted by said University and said school conducted by it as a branch college thereof, and the State annually for several years thereafter appropriating funds necessary to maintain said school; and, WHEREAS, since about the year 1890, the State has discontinued said appropriations and practically abandoned all care of said property; and, WHEREAS, the City of Thomasville, through its board of education, has since the year 1901 expended in insurance, necessary repairs and betterments upon said property the sum of $8,192.83. Be it therefore resolved by the General Assembly of Georgia, That in consideration of said amounts so expended and in consideration of the sum of one dollar to be paid to the University of Georgia by said City of Thomasville,

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the said University of Georgia is hereby authorized and required to execute and deliver to said City of Thomasville a deed to said property to be held, owned and used in perpetuity by said city by its board of education for educational and school purposes only. Approved August 1, 1912. AUTHORIZING REFUND TO GEORGIA NORTHERY RAILWAY COMPANY. No. 53. A RESOLUTION. WHEREAS, the Georgia Northern Railway Company, a corporation of the State of Georgia, made its tax returns for the year 1911 on its physical property and its franchise and mailed the same at Moultrie, addressed to Mr. W. A. Wright, Comptroller-General, Atlanta, Georgia, and the same miscarried, or was lost and did not reach the Comptroller-General within the time prescribed by law, and under the law the Comptroller-General had no discretion in the matter and in the performance of his duty was compelled to fix a double assessment on the franchise of said company, which amounted to five hundred and forty ($540) dollars, tax on the franchise of said company for State taxes for the year 1911, which said sum of five hundred and forty ($540) dollars was in excess of its regular tax of five hundred and forty ($540) dollars on its franchise and was paid by the Georgia Northern Railway Company, and conveyed into the State Treasury. Ga. Northern Ry. Co., franchise tax for 1911.

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Therefore, be it resolved, the Senate concurring therein, That the sum of five hundred and forty ($540) dollars be, and the same is hereby appropriated to refund to the Georgia Northern Railway Company its double franchise tax for the year 1911, and the Governor be, and is hereby authorized, to draw his warrant for said sum in favor of the Georgia Northern Railway Company to be paid out of any money in the Treasury. Approved August 19, 1912. AUTHORIZING REFUND OF LOCKER TAX PAID BY FRUENDSCHAFTS-BUND. No. 36. A RESOLUTION. WHEREAS, the Fruendschafts-bund, a fraternal beneficiary order of Atlanta, Georgia, organized for the purpose of promoting friendship and mutual help among German speaking people, was advised that it was necessary for them to pay a locker tax, provided by the Act of August 22, 1907, and on the 24th day of January, 1910, paid the sum of $500.00 under protest as such locker tax; and, Fruendschafts-bund, refunded money paid as locker tax. WHEREAS, the said Fruendschafts-bund did not have any lockers and has never kept on hand any whiskeys or other intoxicating liquors, and never intended to keep any such on hand, and was not liable for the payment of such locker tax. Be it resolved, That the Governor is hereby authorized and directed to draw his warrant on the Treasury for the

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sum of $500.00 payable to said Fruendschafts-bund of Atlanta, Georgia, in return of the locker tax collected from said Fruendschafts-bund. Approved August 7, 1912. COMMITTEE TO INVESTIGATE COTTON TARE. No. 35. A RESOLUTION. WHEREAS, the special consular report in resonse to an appeal to the President and Congress of the United States made under instruction of House resolution No. 23, session of General Assembly, 1911, on the question of Cotton Tare has created considerable interest among cotton men of every section, and still greater interest may be expected when generally known that the position taken, and the gross injustice to the cotton producer stressed in the resolution and appeal, is admitted in this special consular report. Cotton tare and standard bales. WHEREAS, the consensus of opinion, if we would secure justice to the cotton producers of America, and remove prejudice against the American cotton bale is that it is highly important to secure uniform legislation on the question of Tare, in the cotton producing States, and as far as practicable to standardize the American bale. Therefore be it resolved, by the House of Representatives, Senate concurring, That a committee of three from the House and two from the Senate be appointed, and are hereby authorized to take such steps as may be advisable, to secure the needful legislation on the question of Cotton

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Tare and the standardization of the American cotton bale, the protection of the producer, removal of prejudice, reduction of insurance charges, and assure the arrival of American cotton to destination in a respectable condition. Approved August 5, 1912. COMMITTEE ON PROPOSED AMENDMENT OF CONSTITUTION OF THE UNITED STATES TO ELECT U.S. SENATORS BY POPULAR VOTE. No. 47. A RESOLUTION. Resolved by the House, the Senate concurring, That the Governor's message communicating a resolution of the Congress proposing to amend the Constitution of the United States in relation to the election of Senators, be referred to a joint committee of three from the House and two from the Senate to be appointed by the respective presiding officers, with instructions to inquire and report whether said amendment has been proposed by the Congress of the United States in the way pointed out by the Federal Constitution for its own amendment; and, if not, what course is proper to be taken by the General Assembly in the premises. U. S. Senators, election of. Resolved further, That the committee be instructed to consider and report whether the matter contained in the resolution in question, if properly proposed by the Congress and consented to by the requisite number of States,

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would involve the surrender by this State of any of the authority or control which it now reserves to itself over its own electoral regulations, and if so what. Resolved further, That the committee be instructed to report such suggestions and recommendations as it may deem proper to be considered in the premises. Approved August 19, 1912. COMMITTEE TO SELECT ARTIST TO PAINT PORTRAIT OF GENERAL CLEMENT A. EVANS. No. 48. A RESOLUTION. Resolved by House and Senate concurring, That a committee of three from House and two from Senate to select a painter to paint the picture of General Clement Evans be appointed by the Speaker and President respectively. Selection of artist for Evans' portrait. Approved August 19, 1912. DONATING CANNON TO GORDON COLLEGE. No. 29. A RESOLUTION. WHEREAS, on November 13th, 1899, the State of Georgia delivered to Gordon Institute, now Gordon College, an educational

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institution of the State located at Barnesville, two 12 pound cannon together with carriages, limbers and spare parts belonging to same; and, Gordon College, cannon donated to by State. WHEREAS, said institute on said date executed to the State its bond with J. W. Stafford, J. M. Pound, and W. B. Smith of Pike County, as sureties thereon conditioned to safely keep and return said property to the State of Georgia when demanded; and, WHEREAS, one of said cannon was shipped to Griffin upon proper authority of the State and said bond was duly credited with same; and, WHEREAS, there is a military department connected with said college, same being under the charge and direction of an officer of the United States Army detailed at said institute by the Secretary of War; and, WHEREAS, said property is now old and useless; and, WHEREAS, it is appropriate that same should be donated to said military school for ornamental purposes: Therefore be it resolved by the House of the Representatives of the State of Georgia, the Senate concurring therein, That said cannon, carriages, limbers and spare parts appertaining to the same be, and the same are, hereby donated to said Gordon College for ornamental purposes in connection with its military department. Be it further resolved, That the bond given for said property as above stated by said institute be and the same is hereby exonerated, and the principal and sureties thereon are hereby relieved from all liability upon same. Approved July 12, 1912.

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RELIEF OF M. L. MOORE, C. F. ACKRIDGE, J. V. ACKRIDGE AND W. H. BOZEMAN. No. 43. A RESOLUTION. For the relief of M. L. Moore of Ware County, Georgia, C. F. Ackridge, J. V. Ackridge, and W. H. Bozeman of Mitchell County, Georgia. WHEREAS, M. L. Moore of the County of Ware, and C. F. Ackridge, J. V. Ackridge and W. H. Bozeman of Mitchell County, did on the first day of July, 1911, sign an appearance bond for G. W. Ackridge to appear on the second Monday in September, 1911, in the City Court of Waycross, to answer to the offense of adultery and fornication. Said bond was forfeited at the September term of said Court. Relief of M. L. Moore, C. F. Ackridge, J. V. Ackridge and W. H. Bozeman. WHEREAS, execution issued upon said forfeiture for the principal sum of $300 and costs. WHEREAS, said defendant G. W. Ackridge did appear on the second day of June, 1912, in said Court and enter a plea of guilty to said offense, and was fined the sum of $200, or to serve 12 months on the chaingang of said county, and said fine was paid and defendant released; and, WHEREAS, at the time of the payment of said fine the sum of $100 had been paid on the execution issued upon the above bond forfeiture to the Sheriff of said county; Therefore be it resolved by the House of Representatives, the Senate concurring, That the above named securities be relieved from further obligations upon said bond,

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and the Clerk of the Superior Court of Ware County or the Clerk of the City Court of said county of Ware is hereby ordered to cancel the execution issued upon the bond aforesaid. Approved August 19, 1912. RELIEF OF J. D. BRIDGES. No. 50. A RESOLUTION. Be it resolved by the House of Representatives, the Senate concurring, that WHEREAS, Lula Barber was accused and indicted for the offense of keeping in a public place of business whiskey for the purpose of illegal sale, and another indictment for the offence of selling whiskey in the County of Worth; and, Relief of J. D. Bridges. WHEREAS, she entered into a recognizance in the sum of one hundred dollars in each of the above cases and each of said bonds was signed by J. D. Bridges as security; and, WHEREAS, said bonds were forfeited at the January term of Worth Superior Court, and, WHEREAS, rule absolute and final judgment was taken on said bond on May 11th, 1912, when there was no jury in attendance on the Court, that the defendant Lula Barber has since the surrender above set forth been convicted and sentenced in said cases; and, WHEREAS, the defendant Lula Barber has been surrendered to the Sheriff by J. D. Bridges and is now in the custody of the Sheriff in the jail of Worth County;

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Therefore be it resolved, That the Clerk of Worth Superior Court and the Sheriff of Worth County be and they are now directed to surrender up and cancel the execution issued upon the above bond forfeitures upon the payment by J. D. Bridges of all Court costs accruing by reason of said forfeiture. The affidavit of C. E. Hay, hereto attached marked exhibit A is also a part of this resolution. GEORGIA, WORTH COUNTY. Personally appeared before me C. E. Hay, who being first duly sworn, on oath says that Lula Barber, the principal named in two certain appearance bonds in the penal sum of $100.00 each, one of said bonds being to answer to the offense of keeping whiskey in a public place of business and the other to answer to the offense of selling whiskey, both of which bonds were signed by J. D. Bridges as security and forfeited in Worth Superior Court at the January term, 1912, and from which forfeiture final judgment was entered against said J. D. Bridges on May 11th, 1912, is now in the county jail of Worth County and in custody of L. A. Potts, Sheriff of said county; the said Lula Barber having been so surrendered to the Sheriff by the said security, J. D. Bridges. This affidavit is made for the use of the Representative of Worth County before the General Assembly of Georgia, or its appropriate committee, with reference to a resolution to be introduced in the House of Representatives to relieve the said J. D. Bridges from the payment of each of said judgments on the scire facias in the two said bond forfeiture cases. C. H. HAY.

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Sworn to and subscribed before me this 17th day of July, 1912. T. A. BUCKELEW, N. P. Worth County, Georgia. Approved August 19, 1912. RELIEF OF J. D. BRIDGES. No. 37. A RESOLUTION. To relieve J. D. Bridges, security on the bonds of Charlie Strowder, forfeited in the Superior Court of Worth County, and rule absolute issued thereon at the April term, 1912; and, WHEREAS, Charlie Strowder was indicted by the Grand Jury of Worth County of two offenses, one being a violation of the prohibition law by selling whiskey and the other being a misdemeanor in carrying whiskey to church; and, Relief of J. D. Bridges. WHEREAS, the bonds in which cases was the sum of two hundred ($200.00) dollars each, and was signed by J. D. Bridges as security for the said Charlie Strowder; and, WHEREAS, the said bonds were both forfeited at the January term of Worth Superior Court, 1912, and scire facias issued thereon and served upon J. D. Bridges; and, WHEREAS, a rule absolute was issued and entered up at the April term of Worth Superior Court, 1912; and,

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WHEREAS, since the entering up of the judgment on the rule absolute J. D. Bridges has turned over to the Sheriff of Worth County the person of Charlie Strowder and surrendered him to the officers of said county, and he is now in the custody of the Sheriff in the Worth County jail; Therefore be it resolved by the House of Representatives, the Senate concurring, That J. D. Bridges be, and he is, hereby relieved as security on said bonds of the said Charlie Strowder, and the Clerk of the Superior Court of Worth County is hereby commanded to cancel the execution issued upon the suit on said bonds upon the payment by J. D. Bridges of all costs accrued upon the forfeiture of said bonds that in any way connect with said forfeiture. Approved August 7, 1912. RELIEF OF J. D. BRIDGES. No. 39. A RESOLUTION. To relieve J. D. Bridges, security on the bond of Bill Johnson, forfeited in Worth Superior Court, and a rule absolute issued thereon at the January term, 1912; and, WHEREAS, Bill Johnson was indicted in Worth Superior Court for the offense of assault to murder; and, Relief of J. D. Bridges. WHEREAS, the bond of Bill Johnson was assessed by the Court in the sum of $300.00; and, WHEREAS, said bond was signed by J. D. Bridges as security for the said Bill Johnson; and,

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WHEREAS, the bond of Bill Johnson was forfeited at the October term of Worth Superior Court, 1911, and scire facias issued and served upon J. D. Bridges, security; and, WHEREAS, a rule absolute was entered up at the January term of Worth Superior Court, 1912; and, WHEREAS, since entering up the judgment on the rule absolute against Bill Johnson, principal, and J. D. Bridges, security, J. D. Bridges, the security, has procured the arrest of Bill Johnson and turned him over to the Sheriff of Worth County, and he is now in the custody of the Sheriff; Therefore be it resolved by the House of Representatives, the Senate concurring, That J. D. Bridges be relieved of the principal of said bond on account of the return of Bill Johnson to the authorities of Worth County, after paying the costs accrued on the forfeiture of the bond, the issuing of the scire facias and the taking of the rule absolute; and the Clerk of the Superior Court and the Sheriff of Worth County are hereby ordered to cancel and mark satisfied the execution on the records of Worth County the bond above referred to as soon as the costs in connection therewith are paid. Approved August 13, 1912. RELIEF OF O.H. DEARING AND W.D. O'HALLARAN No. 32. A RESOLUTION. For the relief of O. H. Dearing and W. D. O'Hallaran. WHEREAS, on the 25th day of January 1912, there was a warrant sworn out before W. H. McCrary, N. P. and exofficio

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J. P., Muscogee County, Georgia, charging said O. H. Dearing with the offense of a misdemeanor, and Relief of O. H. Dearing and W. D. O'Hallaran. WHEREAS, on said day said O. H. Dearing was arrested under said warrant, and immediately gave bail in the penal sum of two hundred and fifty dollars with W.D. O'Hallaran as security, for his appearance before said W.H. McCrary, N. P. and ex-officie J. P. to answer said warrant on the 26th day of January 1912, at three o'clock p. m., and, WHEREAS, on said 26th day of January 1912, at three o'clock p. m. said O. H. Dearing failed to appear before said officer as aforesaid, and said bond was duly forfeited by reason of said non-appearance of said Dearing, and WHEREAS, on the 31st day of January 1912, suit was filed on said appearance bond in the office of the Clerk of the Superior Court of Muscogee County, Georgia, against said O. H. Dearing, principal, and W. D. O'Hallaran, security, praying for a judgment against the parties aforesaid in the sum of two hundred and fifty dollars, which was the penal sum named in said bond aforesaid, and WHEREAS, At the February term, 1912, of the Superior Court of Muscogee County, Georgia, the grand jury of said Court, returned an indictment against said O. H. Dearing charging him with the offense covered in the warrant aforesaid, and WHEREAS, On the day of February 1912, there issued from said Superior Court a bench warrant based upon said indictment aforesaid, and on the day of 1912, said O. H. Dearing was arrested on said bench warrant, and WHEREAS, At the May term, 1912, of Muscogee Superior Court said O. H. Dearing was tried on said indictment and

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convicted, and by the Court sentenced to six months on the chain gang to be discharged upon the payment of a fine of three hundred dollars, and at said term of court paid said fine of three hundred dollars and was immediately discharged. Be it resolved by the House of Representatives, the Senate concurring, That in as much as the purpose for which said appearance bond was given, was fully accomplished, that the said O. H. Dearing and W. D. O'Hallaran be relieved from all liability on said appearance bond; provided, however, that the said O. H. Dearing and W. D. O'Hallaran, the principal and security on said bond aforesaid, shall pay the cost of court which has accrued by reason of filing said suit in said Muscogee Superior Court. Approved July 29, 1912. RELIEF OF D. C. FINCH. No. 46. A RESOLUTION. For the relief of D. C. Finch as security on two criminal recognizances of J. A. Foures. WHEREAS, J. A. Foures entered into two criminal bonds for his appearance at the September Term 1909 of the City Court of Millen in the penal sum of two hundred and fifty dollars, each, giving D. C. Finch as his security to answer to two misdemeanor charges, to-wit: selling liquor; and, Relief of D. C. Finch. WHEREAS, The said J. A. Foures failed to appear at said term of the court and absconded, going into the State

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of South Carolina, and the bonds were forfeited and rules nisi were issued, but were not made absolute for the want of proper service until the June Term 1911, of said City Court of Millen; and, WHEREAS, The said D. C. Finch, nor the Sheriff, could not apprehend the said J. A. Foures until after the rules were made absolute and final judgments entered against the said J. A. Foures, principal and the said D. C. Finch, as security; and, WHEREAS, The said D. C. Finch has had considerable expense in locating the said J. A. Foures and getting him back to Georgia and delivering to the Sheriff of Jenkins County; and, WHEREAS, The City Court of Millen was abolished by an Act of the General Assembly of Georgia, approved July 28, 1911, (Acts of 1911, pages 299-301); and, WHEREAS, By the operation of said Act said cases were transferred to the Superior Court of Jenkins County; and, WHEREAS, At the September Adjourned Term 1911, of said Court the said J. A. Foures was tried in one of said cases and found not guilty; and, WHEREAS, In the other case the Grand Jury returned no bill. Resolved by the House of Representatives, the Senate concurring, That the said D. C. Finch, security as aforesaid, be, and he is, hereby relieved from any and all liability on said bonds and the judgments and the executions based thereon are hereby declared to be null and void and of no force or effect upon the payment by said Finch of the costs of the officers of Court, of any be due. Approved August 19, 1912.

Page 1595

RELIEF OF D. C. HANCOCK. No. 59. A RESOLUTION. WHEREAS, D. C. Hancock, of Floyd County, became surety on the bond of Ben McLendon, charged with a misdemeanor in the City Court of Polk County; and, whereas said McLendon failed to appear when his case was called and his bond was forfieited and a rule absolute was issued against said Ben McLendon, principal, and D. C. Hancock, security, for the sum of five hundred dollars, the amount of said bond; and, Relief of D. C. Hancock. WHEREAS, Afterwards the said D. C. Hancock at his own expense had the said Ben McLendon apprehended and delivered to the Sheriff of Polk County, and said McLendon was tried in said Court and finally acquitted. Now, therefore be it resolved by the General Assembly of the State of Georgia, that the said D. C. Hancock, surety as aforesaid, be relieved from the payment of said bond of five hundred dollars, and that the Clerk of the City Court of Polk County is hereby authorized and instructed to enter the execution on said rule absolute cancelled and satisfied of record. Provided the said bondsmen shall not be relieved of the payment of costs on the bond forfeiture. Approved August 19, 1912.

Page 1596

RELIEF OF SURETIES UPON BOND OF A. M. HUTCHINSON. No. 30. A RESOLUTION. To relieve the sureties upon the bond of A. M. Hutchinson, Tax Collector of Hancock County, of certain penalties. WHEREAS, A. M. Hutchinson was elected Tax Collector of Hancock County successively for the years 1901 to 1910, inclusive; and, WHEREAS, The United States Fidelity and Guarantee Company was surety upon his bond as such Tax Collector for the years 1901, 1902, 1905, 1906, 1907, 1908, 1909 and 1910 and James M. Archer and E. F. Pound were sureties upon his bond as Tax Collector for the year 1903 and a portion of 1904 and M. W. Harris, R. B. Baxter, E. B. Culver and W. N. Coleman were sureties upon his bond for a portion of 1904; and Relief of sureties on bond of A. M. Hutchinson, T. C. of Hancock County. WHEREAS, for each of said years the said Hutchinson. as Tax Collector aforesaid, has made settlement with the State and County, and received a full and complete receipt from both the State and County for each of the years above mentioned, fully discharging him from any further liability as such Tax Collector; and, WHEREAS, During the year 1911 and Auditor was employed by the County of Hancock to audit the records of County Officers and in so auditing the account of A. M. Hutchinson, as Tax Collector, found him indebted to the State of Georgia for each of the years, 1901 to 1909, inclusive; and,

Page 1597

WHEREAS, All of said sums have been fully paid; and, WHEREAS, The law requires the Comptroller-General in issuing fi. fas. against defaulting Tax Collectors, regardless of circumstances, to add thereto as a penalty the sum of twenty per cent per annum from the 20th day of April of the year succeeding that for which the taxes were collected; and, WHEREAS, It will be an injustice and great hardship upon said sureties, who renewed said bonds from time to time upon faith of the receipt held by said Hutchinson from the State and said County showing the full settlement with both; and, WHEREAS, The shortage, as shown by the report of the Auditor, is due to defective book-keeping and not to misappropriation of funds by said Hutchinson, and said shortage is to a large extent estimated; Be it resolved that James M. Archer and the estate of E. F. Pound, (said Pound having died since the signing of said bond) be, and they are hereby, relieved from the full amount of said twenty per cent penalty, or interest, chargeable upon the sum paid by them for the year 1903. Resolved further that M. W. Harris, R. B. Baxter, E. B. Culver and W. N. Coleman be, and they are hereby, relieved from the full amount of twenty per cent penalty or interest, chargeable upon the sum paid by them for the year 1904. Resolved further, That The United States Fidelity and Guarantee Company, be, and it is hereby relieved from the full amount of twenty per cent penalty, or interest, chargeable upon the sum paid by it for the years 1901, 1902, 1905, 1906, 1907, 1908, and 1909. Approved August 12, 1912.

Page 1598

RELIEF OF W. A. MCRAE, J. H. O. MALOY and DR. J. G. WILLIAMSON. No. 45. A RESOLUTION. For W. A. McRae, J. H. O. Maloy and Dr. J. G. Williamson of Telfair County. WHEREAS, W. A. McRae, J. H. O. Maloy and Dr. J. G. Williamson of Telfair County, State of Georgia, did on the 10th, of July 1911, become bail for the appearance of one Henry Cook, colored, to the August term of the City Court of McRae, in 1911 to answer to the offense of selling whiskey, which said bond was forfeited at the August term of 1911 of said court; and, Relief of W. A. McRae, J. H. O. Maloy and Dr. J. G. Williamson. WHEREAS, Execution was issued upon the forfeiture of said bond for the principal sum of $300; and, WHEREAS, The said Henry Cook, colored was, on the 15 of December 1911, captured and delivered to the Sheriff of Telfair County, and was given a trial at the December term of the City Court of McRae, 1911, and was convicted for the offense of a misdemeanor and is now serving out a sentence 12 months in gang; and, WHEREAS, W. A. McRae, J. H. O. Maloy and Dr. J. G. Williamson have paid all of the cost in the trial of said Henry Cook, colored, to the treasurer of Telfair County, therefore, Be it resolved by the House of Representatives, the Senate concurring, That inasmuch as the purpose for which said bond was given was fully accomplished, the said W. A.

Page 1599

McRae, J. H. O. Maloy, and Dr. J. G. Williamson are hereby released and relieved from the payment of said bond. Approved August 19, 1912. RELIEF OF O. D. PRICE. No. 44. A RESOLUTION. WHEREAS, On the 4th day of August 1909, O. D. Price of the County of Jasper, signed as security the bonds of John Walker, alias Gum John in two misdemeanor cases for the sum of $100.00 each, appregating $200.00 principal sum in both cases, for the appearance of said John Walker, alias Gum John at the September term 1909, of the City Court of Monticello, Georgia, to answer the offenses of selling liquor and having liquor at church; Relief of O. D. Price. WHEREAS, At the term of Court when said cases were called for trial after the time of the execution of said bail, the said John Walker was not present; WHEREAS, At the term when the rule absolute was issued on both cases the said John Walker, alias Gum, was not present and there did issue regularly a fi. fa. on the judgment absolute in both cases against the said John Walker and O. D. Price for $100.00 each and $15.50 costs of forfeiture in each case aggregating $31.00 costs of forfeiture; WHEREAS, Said Gum John or John Walker, the principal did flee to the State of Tennessee; and, whereas, the said O. D. Price at his own expense did apprehend and return

Page 1600

said John Walker, alias Gum, to the officers of Jasper County; and whereas, said Walker is now on the gang of Jasper County under sentence based on one of above cases, and stands convicted on the other. Be it resolved by the General Assembly of Georgia that said O. D. Price, security be relieved from the payment of said principal sums of $200.00 on both bonds. Be it further resolved, That the said O. D. Price shall not be relieved from the payment of the costs of said proceedings, to-wit: $31.00 on both cases, that is to say, he shall pay to the Clerk of the City Court of Monticello, Georgia, $15.50 in each case, and when said costs are so paid the said Clerk is hereby authorized to mark said fi. fas. satisfied and to cancel same on the records of said Court. Approved August 19, 1912. RELIEF OF ESTATE OF J. W. RUSHING, DECEASED AND SURETIES. No. 31. A RESOLUTION. For the relief of the estate of J. W. Rushing, deceased, former Tax Collector of Houston County, Georgia, and the security on his bond. WHEREAS, The Grand Jury of Houston County, Georgia, in May, 1910, prior to the time when the Comptroller-General usually allows the various Tax Collectors of the State to settle with and account to him for the State taxes of the

Page 1601

previous year, and before the said Comptroller-General had called upon him for any settlement of such taxes, did declare J. W. Rushing, the Tax Collector of said Houston County, in default for the taxes of the year 1909, and for that reason did forfeit his commissions for said year as such Tax Collector; and, Relief of estate of J. W. Rushing and his sureties. WHEREAS, the said J. W. Rushing did subsequently and within the time usually allowed by the said Comptroller-General, settle in full with the said Comptroller-General for all State taxes collected by him for the year 1909, to the entire satisfaction of the said Comptroller-General; and, WHEREAS, By reason of the aforesaid forfeiture by the Grand Jury of his commissions for the year 1909 the said Comptroller-General felt called upon subsequently to issue an execution for said commission, and did issue the same against the said J. W. Rushing and the security on his bond which said execution, at the instance of the said J. W. Rushing, was stayed by the Governor until the meeting of the present General Assembly; and, WHEREAS, The said J. W. Rushing has since died. Now, Therefore, be itenacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the estate of the said J. W. Rushing and the security on his bond as Tax Collector of Houston County, Georgia, for the year 1909, be and the same are hereby released and relieved from said forfeiture of his commissions as such Tax Collector for the year 1909, and released and discharged from the payment of the said execution issued as aforesaid by the Comptroller-General. Approved July 23, 1912.

Page 1602

RELATIVE TO UNFINISHED BUSINESS OF LEGISLATURE. No. 58. A RESOLUTION. Resolved by the House of Representatives, the Senate concurring That the Speaker of the House of Representatives, and the President of the; the Clerk of the House of Representatives and the Secretary of the Senate be, and they are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. Unfinished business of Legislature. Resolved, That the chairmen respectively, of the enrollment and auditing committees of the House and Senate together with the members of the Senate enrollment committee, and eight members of the House enrollment committe to be designated by the Chairmen thereof, and two members of the House auditing committee, and two members of the Senate auditing committee, to be designated by the chairmen thereof be, and they are hereby authorizd to remain at the Capitol five days after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Resolved further, That the Postmistress of the House be, and she is hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly for the purpose of distributing and forwarding the members

Page 1603

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 17, 1912. REQUESTING GOVERNOR TO BRING SUIT FOR RECOVERY OF TALLULAH FALLS. No. 60. A RESOLUTION. WHEREAS, it is believed by many citizens of this State that the State of Georgia has substantial rights in and to Tallulah River and to Tallulah Falls, and certain lands adjacent thereto, and that the said lands have never been surveyed and so not legally granted by the State; and, Tallulah Falls. title to. WHEREAS, it is the sense of the General Assembly that the interests of the State in said property should be ascertained and fully protected. Therefore be it further resolved by the Senate, the House concurring, That the Governor be, and he is hereby directed to instruct the Attorney General to bring such proceedings in the Courts of this State as will determine the rights of the State in the premises, and recover any

Page 1604

land to which the State has title, and to protect the States rights therein. Be it further resolved, That the Governor is authorized and requested to permit the co-operation of the Tallulah Falls Conservation and Parking Association in ascertaining the rights of the State in said property, but no compensation is to be paid said Association or its attorneys by the Governor. Approved August 17, 1912. RELATIVE TO DESTRUCTION OF USELESS CODES OF 1895. No. 51. A RESOLUTION. WHEREAS, There remains on hand in storage rooms in the basement of the capitol building several thousand packages containing the loose unbound leaves of volumes one and two of the Code of 1895, together with a similar number of the bound copies of volume three of the same code; and, Code of 1895. WHEREAS, the Code of 1895 has been superseded by the Code of 1910, and the aforesaid copies of said Code are of no practical use and are in the way; Therefore be it resolved by the House, the Senate concurring, That the State Librarian is hereby authorized and directed to discard or destroy all above five hundred copies of each volume of the Code of 1895, which number shall be

Page 1605

retained and carefully preserved by the said State Librarian for future use. Approved August 19, 1912. TO DEFINE BOUNDARIES OF LANDS GRANTED TO JAMES DE VEAUX. No. 52. A RESOLUTION. To define the boundaries of the lands granted to James De Veaux, September 8, 1756, and April 16, 1763. WHEREAS King George the Second, on September 8, 1756, and April 16, 1763, issued grants to James De Veaux, purporting to grant all of Warsaw Island together with all woods, underwoods, timber and timber trees, lakes, ponds, fishings waters, water course s,profits, commodities, hereditaments and appurtenances whatsoever, thereunto belonging or in anywise appertaining, together also with priviledge of hunting, hawking, and fowling, in and upon the same, and all mines and minerals whatsoever; saving and reserving, nevertheless, to us, our heirs and successors, all white pine trees, if any should be found growing thereon; and also saving and reserving to us, our heirs and successors, one-tenth part of mines of silver and gold only; and, James De Veaux, grants to defined. WHEREAS, The successors in title to James De Veaux have been in possession of Warsaw Island since the date of said grant; and,

Page 1606

WHEREAS, There are no adverse claimants to those holding under said grants; and, WHEREAS, The original grant and the plot attached thereto has been lost; and, WHEREAS, Warsaw Island is bounded to the east by the Atlantic ocean, to the north by Warsaw River and Sound, on the South by Odingsell River and on the west by Romerly Marsh creek; now, Therefore it is declared and resolved, That the grants above described, granted to James De Veaux, his heirs and assigns, Warsaw Island, that is to say, that body of land bounded on the east by the Atlantic Ocean on the west by Romerly Marsh creek, on the north by Warsaw river and Sound, and on the south by Odingsell River, together with all woods, underwoods, timber and timber trees, lakes, ponds, fishings waters, water courses, profits, commodities, hereditaments and appurtenances whatsoever, thereunto belonging or in anywise appertaining, together also with priviledge of hunting, hawking and fowling in and upon the same and all mines and minerals whatsoever; saving and reserving, nevertheless, to us, our heirs and successors, all white pine trees if any should be found growing thereon; and also saving and reserving to us, our heirs and successors, one-tenth part of mines of silver and gold only, lying within said boundaries. Approved August 19, 1912.

Page 1607

TO RATIFY SETTLEMENT OF CERTAIN LITIGATION. No. 41. A RESOLUTION. To ratify settlement of litigation ordered by Hon. Alfred H. Colquitt, Governor of Georgia, on the 30th, of October 1882. WHEREAS, Hon. Alfred H. Colquitt, as Governor of the State of Georgia, did on the 30th of October, 1882, order the settlement of the cases of John Doe on the demise of Elias Carr and Emma Blodgett vs. Richard Roe, casual ejector, Z. A. Rice, tenant in possession, the same being an action in ejectment in the Superior Court of Fulton County for a certain house and lot on Walton street in the city of Atlanta, then occupied by Z. A. Rice, and of John Doe, on the demise of Jas. (Jane) L. Mitchell et al. and Emma Blodgett vs. Richard Roe, casual ejector and William Harris, tenant in possession, the same being an action in ejectment in the Superior Court of Fulton County, Georgia, for lot No. 11 in the subdivision of the old Park property containing 2500 square feet, fronting 25 feet on Decatur street in the city of Atlanta, and of the case of John Doe on the demise of Jas. (Jane) L. Mitchell et al., vs. Emma Blodgett vs. Richard Roe, casual ejector, and John M. Nace tenant in possession, the same being an action in ejectment in the Superior Court of Fulton County Georgia, for lot No. 10 in the subdivision of the old Park property, containing 2250 square feet and fronting 25 feet on Decatur Street in the City of Atlanta; by which settlement the State of Georgia procured title to the property above mentioned

Page 1608

situated on Walton Street, and to lot No. 11 above mentioned on Decatur street, and the plaintiff paid to the special counsel for the State $500 as fees and the plaintiff was allowed to take verdict for above mentioned lot No. 10. Settlement of litigation respecting title to land in City of Atlanta. AND WHEREAS, The State of Georgia has received its part of the above compromise, to-wit, settlement of the title to lot No. 11 on Decatur street and to lot above mentioned on Walton Street, and it has also received $500 as counsel fees above referred to; NOW THEREFORE, Be it resolved by the Senate the House of Representatives concurring, That the aforementioned order of settlement be and the same is hereby in all manners ratified and confirmed. Approved August 14, 1912.

Page 1609

TREASURER'S REPORT

Page 1610

Report of J. P. Brown, Treasurer, Showing Receipts and Disbursements at the State Treasury for Six Months ending June 30, 1911. RECEIPTS. Dr. DISBURSEMENTS. Cr. To Balance in the Treasury January 1, 1911 $ 618,923.85 By Academy for Blind $ 13,416.66 To Abstract Companies' Tax $ 63.00 By Agricultural Schools 99,000.00 To Adding Machine Companies' Tax 90.00 By Board of Health 15,000.00 To Agencies' Tax 1,080.00 By Binding Codes 25.20 To Artists' Tax 1,432.00 By Civil Establishment 113,987.78 To [Illegible Text] Tax 472.50 By College for Colored 4,040.00 To Automobile Dealers' Tax 5,446.00 By Compiler of Records ..... To Ball and Other Parks 22.50 By Contingent Fund 11,233.05 To Bicycle Dealers 738.00 By Contingent Fund Railroad Commission 1,000.00 To Billiard and Pool Tables 28,982.62 By Contingent Fund Supreme Court 631.04 To Bottlers 2,970.00 By Contingent Fund Court of Appeals 1,380.43 To Cash Registers ..... By Department of Agriculture 16,237.75 To Clerks Cost Court of Appeals 124.25 By Georgia Experiment Station 334.10 To Cigarette Dealers 19,699.36 By Georgia State Sanitarium 236,896.01 To Cold Storage Corporations and Agents 5,638.50 By Geological Fund 4,904.28 To Corporation Tax (ad valorem) 1,979.36 By Georgia Normal and Industrial College 41,320.00 To Costs on Fifas 3.50 By Horticultural Fund 21,000.00 To Dividend from Stocks 1,344.50 By Incidental Expense General Assembly ..... To Detective Agencies 9.00 By Indexing House and Senate Journals ..... To Electric Shows and Theatres 2,858.50 By Inspections of Oils 700.00 To Fees from Fertilizers 66,200.00 By Insurance Public Buildings, etc 201.54 To Fees from Pure Food 3,000.00 By Land Script Fund Interest 3,157.07 To Games, Tax on 1,192.00 By Legislative Pay Roll ..... To General Tax 2,110,337.64 By Library Fund 1,255.36 To Insolvent General Tax 3,845.72 By Library Fund, Court of Appeals 1,150.01 To Insolvent Poll Tax 1,177.60 By Military Fund 25,328.32 To Insurance Agents 10,197.00 By North Georgia College (Dahlonega) 10,880.00 To Insurance Agents Public Property 337.73 By Overpayment Taxes Refunded 2,225.52 To Insurance Fees 28,594.40 By Pension Fund 1,161,009.00 To Insurance Tax 120,022.26 By Prison Fund 40,000.03 To Interest from Depositories 3,479.79 By Printing Fund 21,932.49 To Investment Companies' Tax 150.00 By Printing Fund Geological Department 850.00 To Lease Indian Springs 110.00 By Printing Fund Railroad Commission 623.15 To License Fees Near Beer 239,855.00 By Printing and Binding Codes 17,288.50 To Lightning Rod Agents 45.00 By Public Buildings and Grounds 16,413.42 To Loan Agents 378.00 By Publishing Georgia Records (Colonial Confederate) 5,420.03 To Locker Tax 14,850.00 By Publishing Georgia Reports 5,119.40 To Manufacturers Soft Drinks 915.36 To Public Debt 250,670.00 To Money Refunded 295.00 To Rate Expert R. R. Commission 852.56 To Mowing Machine Companies 30.00 To Reprinting Georgia Reports, old ..... To Mowing Machine Agents ..... To Reward Fund 2,400.00 To North Eastern Railroad 1,872.50 To Roster Fund 738.75 To Occupation Tax on Capital Stock 37,312.95 To School for the Deaf 24,160.66 To Office Fees 14,367.00 To School Fund 1,142,619.22 To Oil Fees 10,683.13 By School of Technology 50,200.00 To Palmists' Tax 157.50 By Soldiers' Home 18,750.00 To Pawnbrokers' Tax 6,075.00 By Solicitors Generals' Fees 4,190.00 To Peddlers' Tax 5,962.50 By Special Appropriations, Miscellaneous ..... To Pensions Refunded 18,628.72 By Special Appropriations to Pensioners ..... To Pistol Dealers' Tax 7,491.50 By State Normal School (Athens) 21,000.00 To Poll Tax 217,171.77 By State University, Support Fund 16,740.00 To Railroad Tax 27,129.49 By State University for Agricultural College 30,000.00 To Railroad News Companies 540.00 By State University for Farmers' Institute 1,250.00 To Real Estate Agents 2,482.97 By State University for Summer School 5,000.00 To Rent Public Property 70.00 By Stationery, General Assembly 73.31 To Rent Western Atlantic Railroad 210,006.00 By Tuberculosis Sanitarium 40,000.00 To Rinks 148.50 By Confederate Cemetery, Marietta 300.00 To Sale of Acts 172.28 Total Disbursements during the 1st 6 months $ 3,512,914.64 To Sale of Codes 4,583.00 To Balance in the State Treasury July 1, 1911 473,889.91 To Sale of Journals 7.00 Total 3,986,804.55 To Sale of Records 205.05 To Sale of Rubbish, Old Carpets, etc 20.00 To Sale of Court of Appeals Reports 926.17 To Sale of Supreme Court Reports 6,389.13 To Sewing Machine Agents 2,458.00 To Sewing Machine Companies' Tax 1,500.00 To Show Tax 7,379.20 To Slot Machines 910.25 To Soda Founts 4,387.50 To Specialists 72.00 To Street Railroad Tax ..... To Telegraph Tax ..... To Telephone Tax 114.12 To Traders 225.00 To Typewriter Tax 288.00 To Wild Lands 1,418.81 To Directory Tax 45.00 To Dog Tax 98,549.57 To Weighing Scales 135.00 3,367,880.70 Total Receipts $ 3,986,804.55

Page 1612

Report of W. J. Speer, Treasurer, Showing Receipts and Disbursements at the State Treasury for six Months ending December 30, 1911. RECEIPTS. Dr. DISBURSEMENTS. Cr. To Balance in the Treasury July 1, 1911 $ $ 473,889.91 By Academy for Blind $ 9,583.30 To Agencies 360.00 By Agricultural School 33,000.00 To Artists' Tax 594.00 By Binding Journals 550.00 To Auctioneer's Tax 382.50 By Board of Health 6,500.00 To Automobile Tax 4,072.50 By Binding Codes 181.20 To Ball and Bicycle Parks 90.00 By Civil Establishment 114,744.00 To Building and Loan Association 10.00 By Clerks' Cost Court of Appeals 1,012.50 To Bicycle Agents 261.00 By College for Colored 3,960.00 To Cost on Fifas 1.00 By Compiler of Records ..... To Billiard Tax 11,718.00 By Contingent Fund 4,741.56 To Bottlers 1,488.50 By Contingent Fund Railroad Com. 2,000.00 To Cigarette Tax 7,834.50 By Contingent Fund Supreme Court 629.10 To Clerks Costs' 1,462.50 By Department of Agriculture 16,855.04 To Corporation Tax, (ad valorem) 42,496.81 By Georgia Experiment Station 261.24 To Cold Storage 765.00 By Disabled Soldiers' Pensions ..... To Detective Agencies 9.00 By Fertilizers' Fund ..... To Dividends from Stocks 1,391.00 By Georgia Experiment Station ..... To Electric Shows 3,028.50 By Georgia State Sanitarium 232,095.98 To Express Companies' Tax 6,037.02 By Geological Fund 4,287.50 To Fees from Fertilizers 12,110.24 By Georgia Normal and Industrial College 39,885.70 To Fees from Pure Food 13,083.66 By Horticultural Fund 6,000.00 To General Tax 879,295.20 By Incidental Expense General Assembly 60.25 To Games 639.00 By Indexing House and Senate Journals 150.00 To Hire of Convicts 2,000.00 By Indigent Soldiers' Pensions ..... To Game Protection Fund ..... By Inspections of Oils 500.00 To Insolvent General Tax 1,560.04 By Insurance Public Buildings, etc 904.40 To Insolvent Poll Tax 245.27 By Land Script Fund Interest 3,157.07 To Insurance Fees 2,144.07 By Legislative Pay Roll 68,448.67 To Insurance Agents 6,340.50 By Library Fund 1,262.33 To Insurance Tax 32,018.38 By Military Fund 5,000.00 To Interest from Depositories 5,194.31 By North Georgia College (Dahlonega) 10,620.00 To Locker Tax 6,300.00 By Overpayment Taxes Refunded 3,305.71 To Investment Companies 250.00 By Pension Fund 38,200.00 To Liquor Tax, Near Beer 9,000.00 By Pharmacy Board ..... To Lightning Rod Agents 45.00 By Prison Fund 39,999.96 To Money Refunded 1,654.42 By Printing Fund 10,976.62 To Loan Agents 90.00 By Printing Fund Geological Department 500.00 To North Eastern Railroad 1,872.50 By Printing Fund Railroad Commission 1,656.11 To Manufacturers of Soft Drinks 1,207.28 By Public Buildings and Grounds 12,000.00 To Occupation Tax on Corporations, capital stock 10,993.20 By Publishing Georgia Records (Colonial) 1,989.57 To Office Fees 12,296.00 By Publishing Georgia Reports 2,733.12 To Oil Fees 9,817.05 By Public Debt 137,415.00 To Palmists Tax 90.00 By Rate Expert Railroad Com 1,751.50 To Pawn Brokers' Tax 2,632.50 By Reward Fund 750.00 To Peddler's Tax 3,844.93 By Roster Fund 721.65 To Pensions Refunded 115.59 By School for the Deaf 23,166.00 To Pistol Tax 1,642.50 By Stationery General Assembly 200.18 To Poll Tax 79,079.67 By School Fund 732,719.39 To Railroad Tax 527,738.39 By School of Technology 54,800.00 To Real Estate Agents 1,053.00 By Soldiers' Home 6,250.00 To Rinks 40.50 By Solicitors Generals' Fees 3,690.00 To Rental Western Atlantic Railroad 210,006.00 By Special Appropriations, Miscellaneous 7,680.17 To Rent Public Property 50.00 By Special Appropriations to Pensioners ..... To Sale of Acts 850.78 By State Normal School (Athens) 25,874.75 To Sale of Codes 667.90 By State University 18,750.00 To Sale of Supreme Court Reports 4,910.58 By State University for Agricultural College 30,000.00 To Sale of Crops, of Journals 4.50 By State University for Farmers' Institute 1,250.00 To Sale of Records 111.25 By State University for Summer School ..... To Sale of Reports, Court of Appeals 1,434.88 By Stationery ..... To Sale of School Land 490.00 By General Assembly ..... To Sewing Machine Agents 260.00 By Widows' Pensions ..... To Sewing Machine Companies ..... By Widows' Pensions, Indigent ..... To Sleeping Car Companies 3,232.50 Confederate Cemetery, Marietta 2,000.00 To Show Tax 1,399.50 Tuberculosis Sanitarium 10,000.00 To Slot Machines 847.94 Cemetery Resaca 1,550.00 To Soda Founts 1,626.75 Public Comfort House, I. Springs 110.00 To Specialists' Tax 117.00 By Temporary Loans 201,000.00 To Telegraph Tax 5,279.81 Total Disbursements during 2nd Six Months $ 1,937,379.57 To Telephone Tax 30,493.49 To Balance in the State Treasury December 30, 1911 727,076,00 To Temporary Loan 200,000.00 Total $ 2,664,455.57 To Traders Tax 45.00 To Typewriters' Tax 157.50 To Wild Land 38 To Directory Tax 45.00 To Dog Tax 22,268.41 To Weighing Scales Tax 9.00 To Insolvent Dog Tax 4.97 $ 2,190,565.66 Total Receipts $ 2,664,455.57

Page 1614

Report of W. J. Speer, Treasurer, Showing Receipts and Disbursements at the State Treasury for year ending December 30, 1911. RECEIPTS Dr. Dr. 1911 1910 * * For purpose of comparison disbursements for 1910 are given. 1911 1910 * * For purpose of comparison receipts for 1910 are also given. DISBURSEMENTS. Cr. Cr. To Balance in the Treasury January 1, 1911 $ 618,923.85 $ 486,157.89 By Academy for Blind $ 22,999.96 $ 23,000.00 To Abstract Companies' Tax 63.00 45.00 By Agricultural Schools 132,000.00 88,000.00 To Adding Machine Companies' Tax 90.00 ..... By Binding Journals 550.00 550.00 To Agencies' Tax 1,440.00 1,260.00 By Board of Health 21,500.00 21,500.00 To Artists' Tax 2,026.00 1,867.50 By Binding Codes 206.40 200.00 To Auctioneers' Tax 855.00 585.00 By Civil Establishment 228,731.78 226,556.37 To Automobile Dealers' Tax 9,518.50 12,420.00 By Clerks Cost Court of Appeals 1,012.50 1,106.25 To Ball and Other Parks 112.50 410.86 By College for Colored 8,000.00 8,000.00 To Building Loan Association 10.00 ..... By Cemetery, Confederate, Marietta 2,300.00 ..... To Bicycle Dealers 999.00 567.00 By Cemetery, Resaca, Ga 1,500.00 ..... To Billiard and Pool Tables 40,700.62 32,863.16 By Contingent Fund 15,974.61 25,673.95 To Back Taxes ..... 2,949.84 By Contingent Fund Court of Appeals 1,380.43 772.52 To Bottlers 4,458.50 3,609.00 By Contingent Fund Railroad Commission 3,000.00 3,000.00 To Cash Registers ..... 99.00 By Contingent Fund Supreme Court 1,260.14 926.52 To Cigarette Dealers 27,533.86 21,267.00 By Department of Agriculture 33,092.79 31,703.61 To Clerks' Cost Court of Appeals 1,586.75 988.75 By Georgia Experiment Station 595.34 709.70 To Cold Storage Corporations and Agents 6,403.50 4,747.50 By Georgia State Sanitarium 468,991.99 454,463.46 To Conscience Money ..... 10.00 By Geological Fund 9,191.78 9,945.16 To Corporation Tax ( ad valorem ) 44,476.17 45,796.05 By Georgia Normal and Industrial College 81,205.70 42,500.00 To Costs on Fifas 4.50 8.50 By Horticultural Fund 27,000.00 17,473.66 To Directory Tax 90.00 180.00 By Incidental Expense General Assembly 60.25 82.05 To Dividend from Stocks 2,735.50 2,596.00 By Indexing House and Senate Journals 150.00 225.00 To Detective Agencies 18.00 27.00 By Inspections of Oils 1,200.00 1,279.85 To Electric Shows and Theatres 5,887.00 3,069.00 By Insurance Public Buildings, etc 1,105.94 2,422.50 To Express Companies' Tax 6,037.02 5,743.42 By Land Script Fund Interest 6,314.14 6,314.14 To Fees from Fertilizers 78,310.24 60,248.43 By Legislative Pay Roll 68,448.67 67,083.76 To Fees from Pure Food 16,083.66 10,323.20 By Library Fund 2,517.69 2,685.31 To Games, Tax on 1,831.00 1,478.50 By Library Fund, Court of Appeals 1,150.01 715.65 To Game Protection Fund 2,000.00 ..... By Military Fund 30,328.32 22,040.44 To General Tax 2,989,490.33 2,897,779.02 By North Georgia College (Dahlonega) 21,500.00 21,500.00 To Insolvent General Tax 5,405.76 3,695.25 By Overpayment Taxes Refunded 5,531.23 5,673.15 To Insolvent Poll Tax 1,422.87 679.86 By Pension Fund 1,199,209.00 940,461.25 To Insolvent Dog Tax 4.97 ..... By Prison Fund 79,999.99 83,608.16 To Insurance Agents 16,537.50 13,378.50 By Printing Fund 32,909.11 33,989.15 To Insurance Fees 30,738.47 29,670.80 By Printing and Binding Code 17,288.50 11,000.00 To Insurance Public Property 337.73 ..... By Printing Fund Geological Department 1,350.00 1,731.76 To Insurance Tax 152,040.64 149,055.17 By Printing Fund Railroad Commission 2,279.26 2,317.98 To Interest from Depositories 8,674.10 10,197.42 By Public Buildings and Grounds 28,413.42 31,473.00 To Investment Companies' Tax 400.00 200.00 By Publishing Georgia Records (Colonial and Confederate) 7,409.60 14,108.54 To Lease Indian Springs 110.00 220.00 By Publishing Georgia Reports 7,852.52 10,364.01 To License Fees Near Beer 248,855.00 249,183.85 By Public Debt 388,085.00 398,569.95 To Lightning Rod Agents 90.00 45.00 By Public Comfort House, Indian Springs 110.00 ..... To Loan Agents 468.00 423.00 By Reprinting Georgia Reports, old ..... ..... To Locker Tax 21,150.00 16,020.00 By Rate Expert, R. R. Commission Expenses 2,604.06 333.01 To Manufacturers Soft Drinks 2,122.64 1,713.30 By Reward Fund 3,150.00 1,545.26 To Money Refunded 1,949.42 220.26 By Roster Fund 1,460.40 1,080.64 To Mowing Machine Companies 30.00 ..... By School for the Deaf 47,326.66 45,145.92 To Mowing Machine Agents ..... 280.00 By School Fund 1,875,338.61 1,961,344.51 To North Eastern Railroad 3,745.00 3,745.00 By School of Technology 105,000.00 70,000.00 To Occupation Tax on Capital Stock 48,306.15 44,564.55 By Soldiers' Home 25,00.00 25,000.00 To Office Fees 26,663.00 7,501.50 By Solicitors Generals' Fees 7,880.00 6,805. To Oil Fees 20,500.18 18,397.06 By Special Appropriations, Miscellaneous 7,680.17 9,597.27 To Palmists' Tax 247.50 90.00 By Special Appropriations to Code Commission ..... 6,669.85 To Pawnbrokers' Tax 8,707.50 8,212.50 By State Normal School (Athens) 46,874.75 42,000.00 To Peddlers' Tax 9,807.43 9,506.25 By State University, Support Fund 45,500.00 45,500.00 To Pensions Refunded 18,744.31 3,250.25 By State University for Agricultural College 60,000.00 60,000.00 To Pistol Dealers' Tax 9,134.00 9,022.50 By State University for Farmers' Institute 2,500.00 2,500.00 To Poll Tax 296,251.44 279,465.10 By State University for Summer School 5,000.00 5,000.00 To Railroad Tax 554,867.88 545,440.98 By Stationery, General Assembly 273.49 773.31 To Railroad News Companies 540.00 540.00 By Temporary Loan Refunded 201,000.00 140,083.33 To Real Estate Agents 3,535.97 2,830.50 By Tuberculosis Sanitarium 50,000.00 19,000.00 To Rent Public Property 120.00 90.31 Total Disbursements during the Year 5,540,294.21 5,056,104.95 To Rent Western Atlantic Railroad 420,012.00 420,012.00 To Balance in the State Treasury, December 30, 1911 and December 31, 1910 727,076.00 618,923.85 To Rinks 189.00 184.50 Total $ 6,177,370.21 $ 5,675,028.80 To Sale of Acts 1,023.06 761.95 To Sale of Codes 5,250.90 424.10 To Sale of Journals 11.50 11.95 To Sale of Records 316.30 105.80 To Sale of Rubbish, Old Carpets 20.00 ..... To Sale of Court of Appeals Reports 2,361.05 2,866.36 To Sale of School Land 490.00 555.00 To Sale of Supreme Court Reports 11,299.71 8,445.23 To Sewing Machine Agents 2,718.00 2,227.00 To Sewing Machine Companies' Tax 1,500.00 1,680.00 To Show Tax 8,778.70 11,772.10 To Sleeping Car Companies' Tax 3,232.50 2,814.08 To Slot Machines 1,758.19 963.00 To Soda Founts 6,014.25 5,041.50 To Specialists 189.00 126.00 To Street Railroad Tax ..... ..... To Telegraph Tax 5,279.81 5,294.63 To Traders 270.00 1,215.00 To Telephone Tax 30,637.61 30,005.85 To Tobacco Tags ..... 180.00 To Typewriter Tax 445.50 378.00 To Wild Lands 1,419.19 285.53 To Temporary Loan 200,000.00 139,450.00 To Dog Tax 120,817.98 35,493.69 To Weighing Scales 144.00 ..... Total Receipts $ 6,177,370.21 $ 5,675,028.80

Page 1617

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. SAML. C. ATKINSON Associate Justice. HON. H. W. HILL 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 of Georgia HON. B. H. HILL Chief Judge. HON. R. B. RUSSELL Judge. HON. J. R. POTTLE Judge. GEORGE W. STEVENS Reporter. JOHN M. GRAHAM Assistant Reporter. LOGAN BLECKLEY Clerk. W. E. TALLEY Deputy Clerk. P. W. DERRICK Sheriff.

Page 1618

Superior Court Calendar for 1913 ALBANY CIRCUIT. HON. FRANK PARK, Sylvester, Judge; R. C. BELL, Cairo, 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. TurnerFirst Mondays in February and August. WorthFourth Mondays in January, April, July 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. EffinghamThird Mondays in April and October. LibertyThird Mondays in February and September. McIntoshFourth Monday in May and first Monday in December. TattnallFirst Mondays in January, April, July, and October. AUGUSTA CIRCUIT. HON. HENRY C. HAMMOND, Augusta, Judge; A. L. FRANKLIN, 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.

Page 1619

BLUE RIDGE CIRCUIT. HON. H. L. PATTERSON, Cumming, Judge; HERBERT CLAY, Marietta, Solicitor-General. CherokeeFourth Monday in February and first Monday in August. CobbSecond Monday in March, third Monday in July, 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, Jesup, Solicitor-General. ApplingSecond and third Mondays in March and October. CamdenFirst Mondays in April and November. GlynnThird Mondays in May and December, and continuing as long as business may require. Jeff DavisThird and fourth Mondays in February and September. WayneThird and fourth Tuesdays in April and 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 April and October. MuscogeeFirst Mondays in February, August and November, and second Monday in May. TalbotSecond Mondays in March and September. TaylorFirst Mondays in April and October. CHEROKEE CIRCUIT. HON. A. W. FITE, Cartersville, Judge; THOS. C. MILNER, Cartersville, Solicitor-General. BartowSecond Mondays in January and July. CatoosaFirst Mondays in February and August. DadeThird Mondays in March and September. GordonFourth Mondays in February, May, August, and November. MurraySecond Mondays in February, May, August and November. WhitfieldFirst Mondays in January and April, fourth Monday in July and second Monday in October.

Page 1620

CORDELE CIRCUIT. HON. W. F. GEORGE, Vienna, Judge; J. B. WALL, Fitzgerald, Solicitor-General. Ben HillFirst and second Mondays in April and October. CrispThird Mondays in February, May, August and November. 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. DUBLIN CIRCUIT. HON. K. J. HAWKINS, Dublin, Judge; E. L. STEPHENS, Wrightsville, Solicitor-General. JohnsonThird Mondays in March, July and November. LaurensFourth Mondays in January, April, July and October (each term two weeks). TwiggsSecond Mondays in January, April, July and October. EASTERN CIRCUIT. HON. WALTER G. CHARLTON, Savannah, Judge; WALTER C. HARTRIDGE, Savannah, Solicitor-General. ChathamFirst Mondays in March, June and December, and last Monday in October. FLINT CIRCUIT. HON. ROBERT T. DANIEL, Griffin, Judge; E. M. OWEN, Zebulon, 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.

Page 1621

MACON CIRCUIT. HON. H. A. MATHEWS, Fort Valley, Judge; JOHN P. ROSS, Macon, Solicitor-General. BibbFirst Monday in February, third Mondays in April and July, and first Monday in November. CrawfordThird Mondays in March and October. HoustonFirst Mondays in April and October. MIDDLE CIRCUIT. HON. B. T. RAWLINGS, Sandersville, Judge; R. LEE MOORE, Statesboro, Solicitor-General. BullochFourth Mondays in April and October. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. JenkinsSecond Mondays in March and September. ScrevenThird Mondays in May and November. ToombsFourth Mondays in February, May, August and November. WashingtonFirst Mondays in March and September. NORTHEASTERN CIRCUIT. HON. J. B. JONES, Gainesville, Judge; ROBERT McMILLAN, Clarkesville Solicitor-General. DawsonThird Monday in March and fourth Monday in October. 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. StephensSecond Monday in February and first Monday in September. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. WhiteSecond Mondays in April and October. NORTHERN CIRCUIT. HON. DAVID W. MEADOW, Elberton, Judge; THOS. J. BROWN, Elberton, Solicitor-General. ElbertSecond Mondays in March and September. FranklinFourth Mondays in March and September. HartSecond Mondays in April and October. MadisonFirst Mondays in March and September. OglethorpeThird Mondays in April and October.

Page 1622

OCMULGEE CIRCUIT. HON. JAMES B. PARK, Greensboro, Judge; J. E. POTTLE, Milledgeville, Solicitor-General. Baldwin-Second Mondays in January and July. GreeneFourth Monday in January and fourth Monday in July. HancockFourth Mondays in March and September. JasperThird Mondays in February and August. JonesThird Mondays in April and October. MorganFirst Mondays in March and September. PutnamThird Mondays in March and September. WilkinsonFirst Mondays in April and October. OCONEE CIRCUIT. HON. E. D. GRAHAM, McRae, Judge; W. A. WOOTEN, Eastman, Solicitor-General. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February, May, August and November. PulaskiSecond and third Mondays in February and August. TelfairThird Mondays in April and October. PATAULA CIRCUIT. HON. W. C. WORRILL, Cuthbert, Judge; B. T. CASTELLOW, Cuthbert, 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. TerrelFourth Mondays in May and November. ROME CIRCUIT. HON. JOHN W. MADDOX, Rome, Judge; W. H. ENNIS, Rome, Solicitor-General. ChattoogaSecond Mondays in March and September. FloydSecond Mondays in January and July. WalkerThird Mondays in February and August.

Page 1623

SOUTHERN CIRCUIT. HON. W. E. THOMAS, Valdosta, 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, and third Mondays in January and July. 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; C. S. REID, Palmetto, Solicitor-General. CampbellFirst and second Mondays in February and August. ClaytonFourth Mondays in February and August. DeKalbFirst Mondays in March, June, September and December. NewtonFirst Monday in January, and third Mondays in March, July and September. RockdaleFirst Mondays in April and October. TALLAPOOSA CIRCUIT. HON. PRICE EDWARDS, Buchanan, Judge; J. R. HUTCHESON, Douglasville, Solicitor-General. DouglasThird Mondays in March and September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February and first Monday in August. PolkFourth Mondays in February and August.

Page 1624

TOOMBS CIRCUIT. HON. B. F. WALKER, Gibson, Judge; R. C. NORMAN, Washington, 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. CharltonFirst Mondays in March and October. ClinchFourth Mondays in March and October. CoffeeFirst and second Mondays in February and September. PierceSecond Mondays in April and November. WareFirst and second Mondays in May and December. WESTERN CIRCUIT. HON. CHAS. H. BRAND, Athens, Judge; J. B. GAMBLE, Athens, Solicitor-General. BanksThird Mondays in March and September. ClarkeSecond Mondays in April and October. GwinnettFirst Mondays in March, June, September and December. JacksonFirst Mondays in February and August. OconeeFourth Mondays in January and July. WaltonThird Mondays in February and August.

Page 1625

INDEX A ADJUTANT GENERAL Authorized to lend cots 1576 ACKRIDGE, C. F. Relief of 1586 ACKRIDGE, J. V. Relief of 1586 AGRICULTURAL COMMISSIONER Appointment of Oil Inspectors 59 Duty of as to inspection fees 56 AGRICULTURAL SCHOOL First District, appropriation for 18 Third District, appropriation for 19 Fourth District, appropriation for 20 Seventh District, appropriation for dormitory 1566 AKINS, WM. Appropriation to pay pension of 1575 ALAMO, TOWN OF Charter amended 513 ALBANY, CITY OF New charter for 515 ALTERNATIVE ROAD LAW Put in force, where 103 AMENDMENTS TO CONSTITUTION Charters, Judges of Superior Courts may grant in vacation 27 Justice Courts, provision to abolish in certain cities 30

Page 1626

Pensions of Ex-Confederate soldiers and widows of (Section 1 Act 1910 amended) 33 Pensions of Ex-Confederate soldiers and widows of (Section 8 Act 1910 amended) 35 Taxation, certain farm products exempted from 36 Bleckley, County of creation 38 Wheeler, County of creation 41 ANDREW FEMALE COLLEGE Charter amended 561 APPROPRIATIONS For expenses of government 1912 and 1913 8 For North Georgia Agricultural College 16 For school for deaf 17 For First District Agricultural School 18 For Third District Agricultural School 19 For Fourth District Agricultural School 20 For salary State Game Commissioner 21 For eradication of cattle tick in the State 22 For manufacturing of hog cholera serum 25 For repair of State Library 1565 For Seventh District Agricultural School 1566 For portrait of General Clement A Evans 1568 For portrait of John McIntosh Kell 1569 For purchase of filing case for Pension Commissioners office 1570 For expenses of visiting committee to school for deaf 1571 For expenses of penitentiary committee 1572 To pay pension of Mrs. Lydia Carroll 1574 To pay pension of William Akins 1575 ATHENS, CITY COURT OF Defaults, how open 189 ATLANTA, CITY OF Charter amended 562

Page 1627

AUGUSTA, CITY OF Canal and water works commission 586 Act creating police commissioners amended 589 B BAILIFFS OF CITY COURT Compensation of in certain counties 104 BAINBRIDGE, CITY OF Charter amended 590 BANKS, DIRECTORS OF Maximum number 63 BARNESVILLE, CITY OF Park board or commission created 594 BARRETS, TOWN OF Incorporated 597 BARTOW, TOWN OF Charter amended 615 BERLIN, TOWN OF Charter amended 616 BETHEL, TOWN OF Incorporated 619 BIBB COUNTY Commissioners of, authorized to levy tax 339 BLAKELY, CITY COURT OF Act creating amended 190 BLECKLEY COUNTY Creation of 38 BOARD OF EDUCATION Established in certain counties 162

Page 1628

BOARD OF HEALTH, STATE Members of 51 BOLINGBROKE, TOWN OF New charter for 627 BONAIRE, TOWN OF Incorporated 633 BONDS Issuance of for school buildings 176 Treasurers of school boards required to give 183 BOSTON, TOWN OF Charter amended 641 BOWDEN, TOWN OF Charter amended 642 BOZEMAN, W. H. Relief of 1586 BRIDGEBORO, TOWN OF Incorporated 644 BRIDGES, J. D. Relief of 1587 1589 1590 BRINSON RAILWAY COMPANY Authorized to change branch line 1560 BRUNSWICK, CITY OF Charter amended 672 Charter amended 674 BUENA VISTA, TOWN OF System of electric lights authorized 676 BUFORD, CITY OF Charter amended 678 BURIAL REGULATIONS Arbitrary, prohibited 105

Page 1629

BURKE COUNTY Board of commissioners, act creating amended 340 Board of Commissioners, act creating amended 342 BUTLER, TOWN OF Charter amended 680 C CADWELL, TOWN OF Charter repealed 681 New charter for 682 CALHOUN COUNTY, CITY COURT OF Abolished 192 CAMDEN COUNTY Board of commissioners, Act creating amended 345 CANOOCHEE, TOWN OF Incorporated 692 CANTON, TOWN OF Charter amended 708 CARROLL, MRS. LYDIA Appropriation to pay pension of 1574 CARROLLTON, CITY COURT OF Act creating amended 193 CARROLLTON, CITY OF Public school system amended 712 CARTERSVILLE, CITY OF Charter amended 714 CATTLE TICK Appropriation for eradication of 22 CAVE SPRING, VILLAGE OF Charter amended 719

Page 1630

CEDARTOWN, CITY OF Charter amended 721 CEMETERIES Arbitrary burial regulations prohibited 105 CHARING, TOWN OF Incorporated 722 CHARTERS Judges of Superior Courts may grant in vacation 27 CHARTERS OF CORPORATIONS Reviver of 107 CHATHAM SUPERIOR COURT Terms of 86 CHAUNCEY, TOWN OF Incorporated 726 CHESTER, SCHOOL DISTRICT OF Incorporated 756 CINDER DEFLECTORS Railroads required to install 157 CITY AND COUNTY COURTS Athens, City Court of, defaults, how opened 189 Blakely City Court of, Act creating amended 190 Calhoun County, City Court of, abolished 192 Carrollton, City Court of, Act creating amended 193 Dublin, City Court of, Act creating amended 194 Eastman, City Court of, Act creating repealed 198 Eastman, City Court of, established 199 Elberton, City Court of, Act creating amended 215 Greene County, County Court of, abolished 219 Greensboro, City Court of, established 220 Griffin, City Court of, Act creating amended 235 Hall County, City Court of, Act creating amended 237 Jackson, City Court of, Act creating amended 240

Page 1631

Lumpkin, City Court of, abolished 243 Millen, City Court of, created 245 Miller County, City Court of, Act creating amended 275 Monticello, City Court of, Act creating amended 277 Moultrie, City Court of, jurisdiction, compensation of officers 278 Moultrie, City Court of, election to abolish 279 Newton, City Court of, abolished 283 Pulaski County, City Court of, election to abolish 284 Quitman, City Court of, established 287 Savannah, City Court of, terms of officers 304 Sparta, City Court of, Act creating amended 305 Statesboro, City Court of, Act creating amended 307 Swainsboro, City Court of, Election to abolish 309 Taliaferro County, County Court of, Abolished 312 Thomasville, City Court of, Act creating amended 313 Vienna, City Court of, Act creating amended 316 Waynesboro, City Court of, Act creating amended 317 Wrightsville, City Court of, established 318 CITY COURTS, BAILIFFS OF Compensation in certain counties 104 CLERKS, TAX COLLECTORS In certain counties 161 COBB COUNTY Board of Commissioners authorized to change road 1577 CODE AMENDMENTS(Code of 1910) Vol. 1, Sec. 317, State Librarian second assistant to, compensation 45 Vol. 1, Sec. 972, tax on dogs, Act amending 46 Vol. 1, Sec. 1249, Folkston, State Depository in 47 Vol. 1, Sec. 1249, Lincolnton, State Depository in 48

Page 1632

Vol. 1, Sec. 1249, Macon, State Depository in 49 Vol. 1, Sec. 1249, Sylvester, State Depository in 50 Vol. 1, Sec. 1249, Temple, State Depository in 51 Vol. 1, Sec. 1656, State Board of Health, members of 51 Vol. 1, Sec. 1780, Fertilizer Inspectors, duties, number, compensation 52 Vol. 1, Sec. 1795, Commissioner of Agriculture, duty of as to inspection fees 56 Vol. 1, Sec. 1800, Commissioner of Agriculture, oil inspectors, appointment of 59 Vol. 1, Sec. 2167, Notaries Public, commercial, females may hold office of 62 Vol. 1, Sec. 2267, banks, directors of, maximum number 63 Vol. 1, Sec. 2408, insurance companies, investments by 64 Vol. 1, Sec. 2798, venue in suits against electric companies 66 Vol. 1, Sec. 3824, Processioners and County Surveyors, compensation of 70 Vol. 1, Sec. 4203, deeds, execution of outside of the United States 71 Vol. 1, Sec. 5989, reporters, stenographic, compensation 72 Vol. 1, Sec. 6004, Constables, compensation of 74 Vol. 2, Sec. 414, Sunday trains, running of 76 Vol. 2, Sec. 414, Sabbath, running of trains on 77 Vol. 2, Sec. 442, drunkenness in public places 78 Vol. 2, Sec. 1434, riots, Governor's duty as to calling out militia 80 Vol. 2, Sec. 1435, militia, calling out by Sheriffs or other officers 82 Vol. 2, Sec. 1485, pension of blind Confederate soldiers increased 84

Page 1633

CODES OF 1895 Destruction of 1604 COFFEE COUNTY Office of commissioner abolished 346 Board of commissioners created 347 COLQUITT COUNTY Board of commissioners, Act creating amended 356 COLQUITT SUPERIOR COURT Terms of 87 COLQUITT, CITY OF Charter amended 762 Charter amended 763 Charter amended 765 COLUMBUS, CITY OF Charter amended 766 C. K. Nelson, Bishop, etc., authorized to convey certain lands in 768 COMMERCE, CITY OF Charter amended 771 COMMISSIONER OF AGRICULTURE Duty of as to inspection fees 56 Oil inspectors, appointment of 59 COMMISSIONER OF INSURANCE Comptroller-General is 119 COMMITTEE (LEGISLATIVE) To investigate cotton tare 1582 Relative to election of U. S. Senators by popular vote 1583 To select artist to paint portrait of General C. A. Evans 1584 COMMITTEE, PENITENTIARY Appropriation to pay expenses of 1572

Page 1634

COMMITTEE, (VISITING TO SCHOOL FOR DEAF) Appropriation to pay expenses of 1571 COMPTROLLER-GENERAL Statement of fees made to 109 CONFEDERATE SOLDIERS Pensions of 33-35 CONFEDERATE SOLDIERS, BLIND Pensions increased 84 CONGRESSIONAL DISTRICTS Act apportioning amended 108 CONSIDERATION Must be expressed in face of notes and contracts, when 153 CONSTABLES Compensation of 74 CONSTITUTION, AMENDMENTS TO Charters, Judges of Superior Courts may grant in vacation 27 Provision to abolish Justice of the Peace Courts, in certain cities 30 Pensions of ex-Confederate soldiers and widows of 33-35 Certain farm products exempted from taxation 36 Creation of Bleckley County 38 Creation of Wheeler County 41 CONSTITUTION, TOWN OF Incorporated 772 CONTRACTS Consideration must be expressed in face, when 153 CONTRACTS OF SECURITYSHIP Regulation of 159

Page 1635

CONYERS, CITY OF Charter amended 779 CORDELE, CITY OF Charter amended 781 Charter amended 786 CORNELIA, TOWN OF Charter amended 793 CORPORATIONS Reviver of charter 107 COTS Adjutant-General authorized to lend 1576 COTTON Public weigher and grader provided, where 155 COUNTY MATTERS Bibb County, Commissioners of, authorized to levy tax 339 Burke County, Board of Commissioners, Act creating amended 340 Burke County, Board of Commissioners, Act creating amended 342 Camden County, Board of Commissioners, Act creating amended 345 Coffee County, office of Commissioner of Roads and Revenues, abolished 346 Coffee County, Board of Commissioners, created 347 Colquitt County, Board of Commissioners, Act creating amended 356 DeKalb County, Board of Commissioners created 361 Dodge County, Board of Commissioners abolished 367 Dodge County, Commissioner, office of, created 367 Early County, Board of Commissioners, compensation of 372

Page 1636

Emanuel County, Board of Commissioners, Act creating amended 373 Floyd County, Board of Commissioners, Act creating amended 378 Forsyth County, Board of Commissioners created 380 Fulton County, Board of Commissioners, Act creating amended 386 Glascock County, Board of Commissioners abolished 389 Glascock County, Commissioner, office of, created 389 Glynn County, Commissioners authorized to obtain bridge rights 396 Greene County, Commissioner of, office of, Act creating amended 398 Gwinnett County, Road Commissioner, Act creating repealed 404 Gwinnett County, Board of Commissioners, Act creating repealed 405 Gwinnett County, Board of Commissioners, election to abolish amended 405 Henry County, Commissioner, office of, created 407 Jackson County, Board of Commissioners, chairman's salary 415 Jenkins County, Board of Commissioners, Act creating amended 416 Macon County, Board of Commissioners, Act creating amended 419 Marion County, Board of Commissioners, Act creating amended 424 Miller County, Board of Commissioners, Act creating amended 431 Mitchell County, Board of Commissioners, Act creating amended 432 Mitchell County, Board of Commissioners, Act creating amended 433

Page 1637

Monroe County, Board of Commissioners, Act creating amended 435 Montgomery County, Board of Commissioners, Act creating amended 439 Pierce County, Board of Commissioners created 441 Pike County, Board of Commissioners, Act creating amended 450 Pulaski County, Commissioner, office of, Act creating amended 451 Richmond County, Act establishing reformatory amended 453 Screven County, Commissioner, office of, created 456 Stephens County, roads in incorporated towns, how worked 463 Taliaferro County, Board of Commissioners, Act creating amended 465 Tattnall County, Board of Commissioners, Act creating amended 467 Terrell County, Board of Commissioners, Act creating amended 471 Toombs County, Board of Commissioners, created 472 Ware County, Board of Commissioners, Act creating repealed 478 Ware County, Board of Commissioners, created 479 Warren County, Board of Commissioners, Act creating amended 489 Washington County, Board of Commissioners, Act creating amended 490 White, Union and Habersham Counties, right to kill squirrels in 494 Wilkes County, Commissioner, office of, Act of 1911 repealed 494 Wilkes County, election for a Board of Commissioners, or sole Commissioner 495

Page 1638

Wilkes County, Commissioner and Board of Directors, created 497 Wilkinson County, Board of Commissioners, Act creating amended 505 COUNTY SUPERINTENDENTS OF SCHOOLS Uniform terms 180 COURTS, JUSTICE OF THE PEACE Provision to abolish in certain cities 30 CREST, TOWN OF Incorporated 802 D DALLAS, TOWN OF Charter amended 812 DALTON, CITY OF Charter amended 814 DAWSON SUPERIOR COURT Terms of 89 DEARING, A. H. Relief of 1591 DECATUR, TOWN OF Authorized to condemn land for school purposes 816 DEEDS Execution of outside of United States 71 DEKALB COUNTY Board of Commissioners created 361 DEKALB SUPERIOR COURT Terms of 89 DEPARTMENT OF INSURANCE Established 119

Page 1639

DEPUTY INSURANCE Commissioner 119 DEVOE, JAMES Boundaries of land grant defined 1605 DIRECTORS OF BANKS Maximum number 63 DODGE COUNTY Board of Commissioners abolished 367 Commissioner, office of, created 367 DOERUN, TOWN OF Incorporated 817 DOGS Tax on, Act amending 46 DOUGLAS, CITY OF Charter amended 854 DRUNKENNESS Prohibited in public places 78 DUBLIN, CITY COURT OF Act creating amended 194 DUCKTOWN, TOWN OF Incorporated 857 DUDLEY, CITY OF Charter amended 860 E EARLY COUNTY Board of Commissioners, compensation of 372 EASTMAN, CITY COURT OF Act creating repealed 198 Established 199

Page 1640

EAST POINT, TOWN OF New charter 862 EATONTON, CITY OF Charter amended 912 EDUCATION Board of, established in certain counties 162 ELBERTON, CITY COURT OF Act creating amended 215 ELECTRIC COMPANIES Venue of suits against 66 EMANUEL COUNTY Board of Commissioners, Act creating amended 373 EMANUEL SUPERIOR COURT Terms of 91 ENGINES AND BOILERS, STATIONARY License to run, law amended 158 EVANS, CLEMENT A. Appropriation for portrait of 1568 EXPENSES OF GOVERNMENT Appropriation for 8 F FAIRVIEW, SCHOOL DISTRICT OF Incorporated 915 FARM PRODUCTS Exempted from taxation, when 36 FEES OF CERTAIN OFFICERS Statement required made to Comptroller-General 109 FEMALES May hold office of commercial notaries public 62

Page 1641

FERTILIZER INSPECTORS Duties, number, compensation 52 FERTILIZERS Injurious fillers prohibited 111 FINCH, D. C. Relief of 1593 FIRST DISTRICT AGRICULTURAL SCHOOL Appropriation for 18 FLOVILLA, CITY OF Charter amended 922 FLOYD COUNTY Board of commissioners, Act creating amended 378 FOLKSTON State depository in 47 FORSYTH, CITY OF Charter amended 924 FORSYTH COUNTY Board of commissioners created 380 FORT OGLETHORPE Jurisdiction over ceded to United States 113 FOURTH DISTRICT AGRICULTURAL SCHOOL Appropriation for 20 FRUENDSCHAFTS-BUND Refund of locker tax to 1581 FULTON COUNTY Board of commissioners, Act creating amended 386 G GAME COMMISSIONER (STATE) Appropriation for 21

Page 1642

GAME Right to kill squirrels in White, Union and Habersham counties 494 GAME LAW Act 1911 amended 113 GEORGIA NORTHERN RY. CO. Refund to 1580 GEORGETOWN, TOWN OF Charter amended 925 GLASCOCK COUNTY Board of commissioners abolished 389 Commissioner, office of, created 389 GLYNN COUNTY Commissioners authorized to obtain bridge rights 396 GORDON COLLEGE Cannon donated to 1584 GORDON SUERIOR COURT Terms of 94 GOVERNOR Duty of in case of riots 80 Requested to bring suit for recovery of Tallulah Falls 1603 GRANTVILLE, TOWN OF New charter 925 GREENE COUNTY Commissioner, office of, Act creating amended 398 County Court of, abolished 219 GREENSBORO, CITY COURT OF Established 220

Page 1643

GRIFFIN, CITY COURT OF Act creating amended 235 GRIFFIN, CITY OF Charter amended 949 GWINNETT COUNTY Road commissioner, Act creating repealed 404 Board of commissioners, Act creating repealed 405 Board of commissioners, election to abolish, amended 405 H HABERSHAM COUNTY Right to kill squirrels in 494 HAHIRA, TOWN OF Charter repealed 950 New charter for 951 HALL COUNTY, CITY COURT OF Act creating amended 237 HANCOCK, D. C. Relief of 1595 HAPEVILLE, CITY OF Charter amended 980 HARALSON, TOWN OF Charter amended 983 HEALTH, STATE BOARD OF Members of 51 HENRY COUNTY Commissioner, office of, created 407 HEROD, TOWN OF Election to repeal charter 986

Page 1644

HICKOX, TOWN OF Charter amended 987 HOG CHOLERA SERUM Appropriation for 25 HOWELL, TOWN OF Incorporated 997 HUTCHINSON, A. M. Relief of sureties on bond of 1596 I INSPECTION FEES Duty of agricultural commissioner as to 56 INSPECTORS OF FERTILIZER Duty, number, compensation of 52 INSPECTORS OF OIL Duties of 149 INSURANCE Department of, established 119 INSURANCE COMMISSIONER Comptroller General is 119 Deputy insurance commissioner 119 INSURANCE COMPANIES Investments by 64 INTEREST Rate allowed when repaid in monthly installments 144 J JACKSON, CITY COURT OF Act creating amended 240 JACKSON COUNTY Board of commissioners, chairman's salary 415

Page 1645

JEFFERSON, CITY OF Charter amended 1013 Charter amended 1014 Public school system established 1019 JENKINS COUNTY Board of commissioners, Act creating amended 416 JOHNSON SUPERIOR COURT Terms of 92 JURISDICTION Over Fort Oglethorpe ceded to United States 113 JUSTICE COURTS Provision to abolish in certain cities 30 K KELL, JOHN McINTOSH Appropriation for portrait of 1569 KIRKWOOD, TOWN OF Charter amended 1029 L LAFAYETTE, CITY OF Charter amended 1030 LAGRANGE, CITY OF Establishment of gas plant authorized 1037 Public school system amended 1034 Water works authorized 1038 LAKEVIEW, TOWN OF Election to repeal charter 1041 LAWRENCEVILLE, CITY OF New charter for 1043

Page 1646

LEGISLATURE Relative to unfinished business of 1602 LIENS Priority of 143 LILLY, CITY OF Charter amended 1078 LINCOLNTON State depository in 48 LITIGATION Settlement of certain, ratified 1607 LOANS To be repaid in monthly installments, rate of interest allowed 144 LOCKER TAX Refund of to Fruendschafts-bund 1581 LONE OAK, TOWN OF Charter amended 1080 LUELLA, TOWN OF Incorporated 1082 LUMPKIN, CITY COURT OF Abolished 243 M MABLETON, TOWN OF Incorporated 1085 MACEDONIA, SCHOOL DISTRICT OF Incorporated 1099 MACON State depository in 49

Page 1647

MACON, CITY OF Charter amended 1106 MACON COUNTY Board of commissioners, Act, creating amended 419 MALOY, H. O. Relief of 1598 MARIETTA, CITY OF Charter amended 1109 Charter amended 1111 MARION COUNTY Board of commissioners, Act creating amended 424 MARION SUPERIOR COURT Terms of 93 MARTIN, TOWN OF Corporate limits extended 1116 MAYSVILLE, TOWN OF Charter amended 1118 McRAE, W. A. Relief of 1598 MATTER, TOWN OF Charter repealed 1120 METTER, CITY OF New charter for 1120 MIDVILLE, TOWN OF Charter amended 1129 MILITIA Act to promote efficiency of 145 Calling out of, by Sheriffs or other officers 82 Governor's duty as to calling out 80

Page 1648

MILLEN, CITY COURT OF Creation of 245 MILLER COUNTY, CITY COURT OF Act creating amended 275 MILLER COUNTY Board of commissioners, Act creating amended 431 MILNER, TOWN OF New charter for 1131 MITCHELL COUNTY Board of commissioners, Act creating amended 432 Board of commissioners, Act creating amended 433 MITCHELLS DISTRICT, TOWN OF Charter amended 1143 MODOC, TOWN OF Incorporated 1145 MOLENA, CITY OF Charter amended 1148 MONROE COUNTY Board of commissioners, Act creating amended 435 MONTGOMERY COUNTY Board of commissioners, Act creating amended 439 MONTICELLO, CITY COURT OF Act creating amended 277 MOORE, M. L. Relief of 1586 MOULTRIE, CITY COURT OF Jurisdiction, compensation of officers 278 Election to abolish 279 MOULTRIE, CITY OF Public school system amended 1150

Page 1649

MOUNT ZION, TOWN OF Incorporated 1153 MUNICIPAL CORPORATIONS Alamo, Town of, charter amended 513 Albany, City of, new charter for 515 Andrew, Female College, charter amended 561 Atlanta, City of, charter amended 562 Augusta, City of, canal and waterworks commission 586 Augusta, City of, Act creating police commissioners amended 589 Bainbridge, City of, charter amended 590 Barnesville, City of, park board or commission created 594 Barrets, Town of, incorporated 597 Bartow, Town of, charter amended 615 Berlin, Town of, charter amended 616 Bethel, Town of, incorporated 619 Bolingbroke, Town of, new charter for 627 Bonaire, Town of, incorporated 633 Boston, Town of, charter amended 641 Bowden, Town of, charter amended 642 Bridgeboro, Town of, incorporated 644 Brunswick, City of, charter amended 672 Brunswick, City of, charter amended 674 Buena Vista, Town of, system of electric lights authorized 676 Buford, City of, charter amended 678 Butler, Town of, charter amended 680 Cadwell, Town of, charter repealed 681 Cadwell, Town of, new charter for 682 Canoochee, Town of, incorporated 692 Canton, Town of, charter amended 708 Carrollton, City of, public school system amended 712 Cartersville, City of, charter amended 714

Page 1650

Cave Springs, Village of, charter amended 719 Cedartown, City of, charter amended 721 Charing, Town of, incorporated 722 Chauncey, Town of, incorporated 726 Chester, School District of, incorporated 756 Colquitt, City of, charter amended 762 Colquitt, City of, charter amended 763 Colquitt, City of, charter amended 765 Columbus, City of, charter amended 766 Columbus, City of, C. K. Nelson, Bishop, etc., authorized to convey certain lands in 768 Commerce, City of, charter amended 771 Constitution, Town of, incorporated 772 Conyers, City of, Charter Amended 779 Cordele, City of, charter amended 781 Cordele, City of, charter amended 786 Cornelia, Town of, charter amended 793 Crest, town of, incorporated 802 Dallas, town of, charter amended 812 Dalton, city of, charter amended 814 Decatur, town of, authorized to condemn land for school purposes 816 Doerun, town of, incorporated 817 Douglas, city of, charter amended 854 Ducktown, town of, incorporated 857 Dudley, city of, charter amended 860 East Point, town of, new charter for 862 Eatonton, city of, charter amended 912 Fairview, school district of, incorporated 915 Flovilla, city of, charter amended 922 Forsyth, city of, charter amended 924 Georgetown, town of, charter amended 925 Grantville, town of, new charter for 925 Griffin, city of, charter amended 949 Hahira, town of, charter repealed 950

Page 1651

Hahira, town of, new charter for 951 Hapeville, city of, charter amended 980 Haralson, town of, charter amended 983 Herod, town of, election to repeal charter 986 Hickox, town of, charter amended 987 Howell, town of, incorporated 997 Jefferson, city of, charter amended 1013 Jefferson, city of, charter amended 1014 Jefferson, city of, public school system established 1019 Kirkwood, town of, charter amended 1029 LaFayette, city of, charter amended 1030 LaGrange, city of, public school system amended 1034 LaGrange, city of, establishment of gas plant authorized 1037 LaGrange, city of, waterworks authorized 1038 Lakeview, town of, election to repeal charter 1041 Lawrenceville, city of, new charter for 1043 Lilly, city of, charter amended 1078 Lone Oak, town of, charter amended 1080 Luella, town of, incorporated 1082 Mableton, town of, incorporated 1085 Macedonia, school district of, incorporated 1099 Macon, city of, charter amended 1106 Marietta, city of, charter amended 1109 Marietta, city of, charter amended 1111 Martin, town of, corporate limits extended 1116 Maysville, town of, charter amended 1118 Metter, city of, charter repealed 1120 Metter, town of, new charter for 1120 Midville, town of, charter amended 1129 Milner, town of, new charter for 1131 Mitchell's District, town of, charter amended 1143 Modoc, town of, incorporated 1145 Molena, city of, charter amended 1148 Moultrie, city of, public school system amended 1150

Page 1652

Mount Zion, town of, incorporated 1153 Nashville, school district of, incorporated 1156 Newnan, city of, charter amended 1161 Newnan, city of, charter amended 1163 Norwood, town of, charter amended 1164 Oglethorpe, town of, charter amended 1167 Oglethorpe, city of, public school system amended 1172 Oliver, town of, charter amended 1175 Omega, town of, Act incorporating repealed 1177 Omega, town of, new charter for 1178 Orchard Hill, town of, incorporated 1190 Osierfield, city of, incorporated 1194 Patten, town of, charter repealed 1200 Perry, town of, public school system amended 1201 Pine Park, town of, charter amended 1203 Pitts, town of, charter amended 1204 Plainfield, town of, incorporated 1207 Rex, city of, incorporated 1213 Rome, city of, charter amended 1219 Rome, city of, charter amended 1221 Salt Springs, town of, charter amended 1232 St. George, city of, charter amended 1234 Sardis, town of, incorporated 1235 Savannah, city of, charter amended 1242 Savannah, city of, municipal elections regulated 1246 Savannah, city of, charter amended, commission government established 1248 Savannah, city of, certain lands in Ardsley Park vested in Ardsley Park Land Company 1260 Savannah, city of, conveyance of certain lands to heirs of Mrs. Mary J. Roberts authorized 1261 Savannah, city of, conveyance of certain lands to J. S. Collins authorized 1263 Savannah, city of, ferry rights of Thos. F. Screven confirmed 1264

Page 1653

Scotland, school district of, incorporated 1265 Screven, town of, charter amended 1272 Shingler, town of, incorporated 1272 Sparks, school district of, incorporated 1285 Sparta, city of, charter amended 1290 Spread, town of, charter amended 1293 Springfield, city of, charter repealed 1295 Springfield, city of, new charter for 1296 Statesboro, city of, new charter for 1331 Stone Mountain, town of, new charter for 1374 Swainsboro, city of, charter amended 1420 Sycamore, city of, new charter for 1424 Tallulah Falls, town of, charter amended 1461 Tarrytown, town of, incorporated 1465 Thomasville, city of, charter amended 1481 Thomasville, city of, charter amended 1485 Valdosta, city of, charter amended 1488 Valdosta, city of, charter amended 1490 Vanna, town of, incorporated 1492 Villa Rica, city of, new charter for 1495 Wadley, town of, public school system amended 1537 Watkinsville, town of, bonds for electric lights authorized 1538 West Point, city of, charter amended 1541 West Point, city of, charter amended 1543 West Point, city of, charter amended 1544 West Point, city of, charter amended 1546 West Point, city of, charter amended 1549 West Point, city of, authority to sell and vacate certain streets 1550 Whigham, school district of, incorporated 1552 Zebulon, city of, charter amended 1557 MURRAY SUPERIOR COURT Terms of 94

Page 1654

MUSCOGEE SUPERIOR COURT Terms of 95 N NASHVILLE, SCHOOL DISTRICT OF Incorporated 1156 NEWNAN, CITY OF Charter amended 1161 Charter amended 1163 NEWTON, CITY COURT OF Abolished 283 NEWTON SUPERIOR COURT Terms of 96 NORMAL SCHOOL (STATE) Act establishing amended 178 NORTH GEORGIA AGRICULTURAL COLLEGE Appropriation for industrial building 16 NORWOOD, TOWN OF Charter amended 1164 NOTARIES PUBLIC, COMMERCIAL Females may hold office of 62 NOTES Promissory, given for certain stocks, consideration must be expressed in face 153 O OGLETHORPE, CITY OF Public school system amended 1172 Charter amended 1167 O'HALLARAN, W. D. Relief of 1591

Page 1655

OIL INSPECTORS Appointment of 59 Duties of 149 OLIVER, TOWN OF Charter amended 1175 OMEGA, TOWN OF Act incorporating repealed 1177 New charter for 1178 ORCHARD HILL, TOWN OF Incorporated 1190 OSIERFIELD, CITY OF Incorporated 1194 P PATTEN, TOWN OF Charter repealed 1200 PENITENTIARY COMMITTEE Appropriation to pay expenses of 1572 PENSION COMMISSIONER'S OFFICE Appropriation for filing case 1570 PENSION OF BLIND CONFEDERATE SOLDIERS Increased 84 PENSION OF WM. AKINS Appropriation for 1575 PENSION OF MRS. LYDIA CARROLL Appropriation for 1574 PENSIONS OF EX-CONFEDERATE SOLDIERS AND WIDOWS OF 33-35 PERRY, TOWN OF Public school system amended 1201

Page 1656

PIERCE COUNTY Board of commissioners created 441 PIKE COUNTY Board of commissioners, Act creating amended 450 PINE PARK, TOWN OF Charter amended 1203 PITTS, TOWN OF Charter amended 1204 PLAINFIELD, TOWN OF Incorporated 1207 PRICE, O. D. Relief of 1599 PROCESSIONERS AND SURVEYORS Compensation of 70 PROMISSORY NOTES Given for certain stocks, consideration must be expressed in face 153 PUBLIC WEIGHER AND GRADER OF COTTON Act providing for 155 PULASKI COUNTY, CITY COURT OF Election to abolish 284 PULASKI COUNTY Commissioner, office of, Act creating amended 451 Q QUITMAN, CITY COURT OF Established 287 R RAILROADS Brinson Railway Company authorized to change branch line 1560

Page 1657

Requirement to install cinder deflectors 157 Running of trains on Sunday 76-77 REPORTERS(Stenographic) Compensation 72 REVIVER OF CHARTERS 107 REX, CITY OF Incorporated 1213 RICHMOND COUNTY Act establishing reformatory amended 453 RIOTS Governor's duty as to calling out militia 80 ROAD LAW(Alternative) Put in force, where 103 ROME, CITY OF Charter amended 1219 Charter amended 1221 RUSHING, J. W., DECEASED Relief of estate of and sureties on bond of 1600 S ST. GEORGE, CITY OF Charter amended 1234 SALARY OF STATE GAME COMMISSIONER Appropriation for 21 SALT SPRINGS, TOWN OF Charter amended 1232 SARDIS, TOWN OF Incorporated 1235

Page 1658

SAVANNAH, CITY COURT OF Terms of officers 304 SAVANNAH, CITY OF Charter amended 1242 Municipal elections regulated 1246 Charter amended, commission government 1248 Certain lands in Ardsley Park vested in Ardsley Park Land Company 1260 Conveyance of lands to heirs of Mrs. Mary J. Roberts authorized 1261 Conveyance of lands to J. S. Collins authorized 1263 Ferry rights of Thos. F. Screven confirmed 1264 SCHOOL BOARDS Bonds required of treasurers of 183 SCHOOL BUILDINGS Issuance of bonds for 176 SCHOOL FOR DEAF Appropriation to pay expenses of visiting committee 1571 Appropriation for 17 SCHOOL(State Normal) Act establishing amended 178 SCHOOLS Uniform terms of county superintendents 180 SCOTLAND, SCHOOL DISTRICT OF Incorporated 1265 SCREVEN COUNTY Commissioner, office of created 456 SCREVEN, TOWN OF Charter amended 1272

Page 1659

SEVENTH DISTRICT AGRICULTURAL SCHOOL Appropriation for dormitory 1566 SHINGLER, TOWN OF Incorporated 1272 SPARKS, SCHOOL DISTRICT OF Incorporated 1285 SPARTA, CITY COURT OF Act creating amended 305 SPARTA, CITY OF Charter amended 1290 SPREAD, TOWN OF Charter amended 1293 SPRINGFIELD, CITY OF Charter amended 1295 Charter amended 1296 SQUIRRELS Right to kill in White, Union and Habersham Counties 494 STATE BOARD OF HEALTH Members of 51 STATE GAME COMMISSIONER Appropriation for 21 STATE DEPOSITORY In Folkston 47 In Lincolnton 48 In Macon 49 In Sylvester 50 In Temple 51 STATE LIBRARIAN Second assistant to, compensation of 45

Page 1660

STATE LIBRARY Appropriation for repair of 1565 STATE NORMAL SCHOOL Act establishing amended 178 STATESBORO, CITY COURT OF Act creating amended 307 STATESBORO, CITY OF New charter for 1331 STATIONARY ENGINES AND BOILERS License to run, law amended 158 STENOGRAPHIC REPORTERS Compensation of 72 STEPHENS COUNTY Roads in incorporated town, how worked 463 STONE MOUNTAIN, CITY OF New charter for 1374 SUNDAY TRAINS Running of 76-77 SUITS AGAINST ELECTRIC COMPANIES Venue of 66 SUPERINTENDENTS (COUNTY) OF SCHOOLS Uniform terms 180 SUPERIOR COURTS Chatham Superior Court, terms of 86 Colquitt Superior Court, terms of 87 Dawson Superior Court, terms of 89 DeKalb Superior Court, terms of 89 Emanuel Superior Court, terms of 91 Johnson Superior Court, terms of 92 Marion Superior Court, terms of 93 Murray and Gordon Counties, Superior Courts of, Terms of 94 Muscogee Superior Court, terms of 95 Newton Superior Court, terms of 96 Tattnall Superior Court, terms of 97

Page 1661

Toombs Superior Court, terms of 98 Turner Superior Court, terms of 100 Wayne Superior Court, terms of 101 Wilkinson County Transferred from Dublin to Ocmulgee Circuit and terms fixed 101 SUPERIOR COURTS Judges of may grant charters in vacation 27 SURETYSHIP Regulation of contracts of 159 SURVEYORS AND PROCESSIONERS Compensation of 70 SWAINSBORO, CITY COURT OF Election to abolish 309 SWAINSBORO, CITY OF Charter amended 1420 SYCAMORE, CITY OF New charter for 1424 SYLVESTER State depository in 50 T TALIAFERRO COUNTY, COUNTY, COURT OF Abolished 312 TALIAFERRO COUNTY Board of Commissioners, act creating amended 465 TALLULAH FALLS, TOWN OF Charter amended 1461 TALLULAH FALLS Governor requested to bring suit for recovery of [Illegible Text] TARRYTOWN, TOWN OF Incorporated 1465 TATTNALL COUNTY Board of Commissioners, Act creating amended 467 TATTNALL SUPERIOR COURT Terms of 97

Page 1662

TAXATION Certain farm products exempted from 36 TAX ASSESSORS Prohibited from valuing own property in certain cities 161 TAX COLLECTORS Clerks of, in certain counties 161 TAX (LOCKER) Refund to Fruendschafts-bund 1581 TAX ON DOGS Act amended 46 TECHNOLOGY, SCHOOL OF Chairman of Board of Trustees, compensation of 181 Tuition of non-residents 182 TEMPLE State depository in 51 TERRELL COUNTY Board of Commissioners, Act creating amended 471 THIRD DISTRICT AGRICULTURAL SCHOOL Appropriation for 19 THOMASVILLE, CITY COURT OF Act creating amended 313 THOMASVILLE, CITY OF Charter amended 1481 Charter amended 1485 Transfer of lands to by University of Georgia 1578 TOOMBS COUNTY Board of Commissioners created 472 TOOMBS SUPERIOR COURT Terms of 98 TRAINS May run on Sunday, when 76-77 TREASURERS OF SCHOOL BOARDS Bonds of 183 TURNER SUPERIOR COURT Terms of 100

Page 1663

U UNION COUNTY Right to kill squirrels in 494 UNITED STATES Jurisdiction over Fort Oglethorpe 113 UNIVERSITY OF GEORGIA Appropriation for Industrial Building at Dahlonega 16 Authorized to transfer lands to City of Thomasville 1578 V VALDOSTA, CITY OF Charter amended 1488 Charter amended 1490 VANNA, TOWN OF Incorporated 1492 VENUE In suits against electric companies 66 VIENNA, CITY COURT OF Act creating amended 316 VILLA RICA, CITY OF New charter for 1495 W WADLEY, TOWN OF Public school system amended 1537 WARE COUNTY Board of Commissioners, Act creating repealed 478 Board of Commissioners created 479 WARREN COUNTY Board of Commissioners, Act creating amended 489 WASHINGTON COUNTY Board of Commissioners, Act creating amended 490 WATKINSVILLE, TOWN OF Bonds for electric lights authorized 1538 WAYNE SUPERIOR COURT Terms of 101

Page 1664

WAYNESBORO, CITY COURT OF Act creating amended 317 WEST POINT, CITY OF Charter amended 1541 Charter amended 1543 Charter amended 1544 Charter amended 1546 Charter amended 1549 Authority to sell and vacate certain streets 1550 WHEELER COUNTY Creation of 41 WHIGHAM, SCHOOL DISTRICT OF Incorporated 1552 WHITE COUNTY Right to kill squirrels in 494 WIDOWS OF EX-CONFEDERATE SOLDIERS Pensions of 33-35 WILKES COUNTY Commissioner, office of, Act of 1911 repealed 494 Election for board of commissioners or sole commissioner 495 Commissioner and board of directors created 497 WILKINSON COUNTY Board of commissioners, Act creating amended 505 Transferred from Dublin circuit to Ocmulgee circuit and terms fixed 101 WILLIAMSON, J. G. Relief of 1598 WRIGHTSVILLE, CITY COURT OF Established 318 Z ZEBULON, CITY OF Charter amended 1557